Old Bailey Proceedings, 19th October 1785.
Reference Number: 17851019
Reference Number: f17851019-1

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 19th of OCTOBER, 1785, and the following Days;

Being the EIGHTH 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 VIII. PART I.

LONDON:

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

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable RICHARD CLARK , LORD MAYOR of the City of London; the Honourable Sir GEORGE NARES Knt. one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer; the Honourable JAMES ADAIR , Recorder of the said City; 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.

Jonathan Key

Edmund Woods

Robert Ballinger

John Treacher

Thomas Moore

Charles Heath

Edward Quiddington

William Pashley

John Hadfield

George Gibson

Henry Jones

Joseph Beardmore .

First Middlesex Jury.

Samuel Hall

Thomas Kindleside

James Mann

John Davis

William Green

John Young

Thomas Brooks

Richard Asheldie

David Whitaker

James Rutherford

Anthony Strother

Peter Clunn .

Second Middlesex Jury.

William Arnold

Jacob Dinning

Lacey Punderson

Thomas Hodgson

Thomas Godsall

Edward Kitchin

Thomas Lacon

William Fox

Stephen Beck

Richard Baker

John Giles

Phillip Belton .

Reference Number: t17851019-1

910 RICHARD PAYNE , CHARLESON MOLLOY , and SARAH JOHNSON were indicted for feloniously stealing on the 29th day of September last, two jars, value 2 s. three gallons of copal varnish, value 3 l. and five gallons of gold size, value 4 l. the property of Allen Wall .

ALLEN WALL sworn.

I am a varnish maker .

Did you know the prisoners at the bar? - I saw them at the Rotation Office.

They were not employed under you? - No; I was sent for last Friday evening to the Rotation Office, in Litchfield-street, there I found two bottles, which with the contents, I believe to be my property.

JOHN MEADOWS sworn.

I work with Mr. Wall; on the 28th of last month I filled a pot of japan gold size, on the 29th I bottled it off, I locked the door on the 29th day, about six, or a little after, I shut it up for the night, and when I returned the next morning, the 30th, I found the lock picked and the door open, and two bottles gone, and a copper pot, I missed two jars, one with five gallons, with gold size, and one with three gallons of gold varnish; I am sure as to the quantity that was put in; on the 29th I made this bottle, and one Philip Gunter made the other, and he is ill.

Prosecutor. I can swear to that myself, it was made by Philip Gunter , a man hat has been in my employ for many years; he is at present ill, and has been for some time; I can swear positively to that, it has been made within a year and half, but I cannot swear positively to the contents of it at that time; I have a manufactory where I make varnishes and gold-size, which are sent to town in carts as they are wanted, this was a part of my stock, it never came down to Long Acre; I never saw it till I saw it at the Rotation Office; the other bottle was in my melting house at Marybone, they were both stolen from there; I know this to be copal varnish, I saw it within two months.

DENNIS M'DONALD sworn.

I went to search a house in Cross-lane, Saint Giles's, where the three prisoners were in a room, one of them, the prisoner Payne was blowing the fire, the other man came in and said the room was his, and the woman came in and said she found these two bottles, I asked her how they came there, she said she found them in the house, at the bottom of the stairs. Molloy said he knew nothing of them, but they were in the cupboard in the room, which he said was his room, I spoke to Payne and he made me no answer.

WILLIAM PICKERING sworn.

I went with M'Donald to search this house, and I was in the upper part of this house, and he called to me to come down to him, and I went into the room to M'Donald and there were these two bottles; the prisoner Payne was blowing the fire, and the woman came into the room, and M'Donald asked her where she got them, and she said she was going out early one morning to go to market, and she found these two bottles concealed under the stairs, when the man that goes for her husband, that is the prisoner Molloy, came in.

Prisoner Molloy. I habits with her my Lord.

Pickering. He said he knew nothing of the bottles, nor never saw them till the day that he found them. She did not say when she found them.

What day was this that you searched? - On Friday last the 14th of October; they were both full as they are now; I heard Payne say nothing.

What sort of a house was this? - I believe it is all in different tenements.

Was there one bed or two in the room? - One bed.

Court to Mac Donald . Who was in the room when you took them out of the cupboard? - Payne only.

(The Bottles deposed to)

What was the value of them? - Seven pounds.

CHARLES YOUNG sworn.

I was with the two last witnesses on Friday the 14th: I had been searching the two-pair of stairs room at this house, and I met Molloy coming out as I went into the house first; then I came down to the door, and M'Donald called me to come into Molloy's room, and I went up and saw these: two bottles stand in the room; I did not see them taken out of the cupboard.

PRISONER PAYNE's DEFENCE.

The prisoner Molloy was telling me of a job, and I came to see after it: I only just came up in the room about 9 minutes before, and this woman asked me to blow the fire for dinner.

Court to M'Donald. What time of day was this? - About 12.

PRISONER MOLLOY's DEFENCE.

I know nothing more of it, but on the Thursday that the good woman found it she told me of it on the Friday morning, and I told her to take it away, for it was nasty stinking stuff, and she said she would see if she could clear the jars out to keep water in: I told her could drink out of them.

Court to M'Donald. Was you ever at these before? - It is a bad house, where all the thieves go to.

PRISONER JOHNSON's DEFENCE.

Last Wednesday morning, about four, I went out to go to Billingsgate; this is an open-house all night, the street-door is never shut, and I looked in the cupboard which I put my basket in; my basket was put out of the cupboard, and these two bottles were in. Sometimes boys get into the cupboard and sleep; I thought would take them up stairs and see if any body enquired after them. When I came from market, I mentioned them to the woman in the next room; nobody enquired after them till Mr. M'Donald came.

Court. Is that woman here? - No, I said I would throw this stuff away, it was of no use to me, and I will try and clear the bottles: I said, perhaps, it was some painters stuff or other.

Prisoner Molloy. I have worked for my master eleven years; he came to the office.

Prosecutor. His master did give him a very excellent character, and said he had worked with him eleven years, and said he was a sober, honest young man.

JOHN ROWSON sworn.

I have seen the prisoner Molloy at the Play-house very often: I live with my brother, and we serve the houses with gold and silver laces, and I am at the play-house every evening, and have seen him there every evening; I never saw any harm of him; I always looked upon him as a very honest man; I have known him five or six years.

ALL THREE NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice NAIRES

Reference Number: t17851019-2

911. ROBERT SIMPSON was indicted for that he being in the dwelling house of one Gowen Crone , about the hour of one in the night, on the 27th day of September last, did feloniously steal therein one waistcoat, value 5 s. one shirt, value 3 s. and 7 l. 19 s. 6 d. in monies numbered, the property of Richard Beattie , and afterwards burglariously and feloniously did break out of the said house, in order to get out of the same, against the statute.

RICHARD BEATTIE sworn.

I live in Gold-street; near King-street, Wapping ; I live in the house of one Gowen Crone, he is the landlord; I have a room there.

Does he live in the house himself? - Yes.

Are there any other lodgers in the house besides you? - Yes, two women live up stairs in the garret. I have the chamber.

When was you robbed? - The 28th of September last, I met with a man in Ratcliff-highway, In a cook's-shop, that was the prisoner, I went in to get my dinner, and he came in just after me and sat down and got his dinner, and I came out again, and just at the cook's shop door, I saw two of my countrymen, and we went into a public-house to drink, the prisoner followed us to the public-house, and he called for either one or two pints of beer, my company

and me were sitting together, and he was like to breed a quarrel with us, and he wanted to fight, and I said I would sooner drink with you than fight with you any time, so would I too, says he, we sat there till near the evening dusk, then he would see us home, he was very good company, and he saw us home to our own apartment, there were two and himself were three, and I and my wife were five; and we drank, and were pretty merry, and he was very good company till I got a little groggy; then knowing the man, and he being in the house, and it drawing late, I laid down to get a sleep, then the prisoner begged to stay under the roof of the house, because he was locked out of his lodgings; I let him stay as he was a poor sailor like myself, to harbour him for fear any harm should come to him; when I awaked it was between three and four in the morning, and the man was gone, and the money, and my property, and my wearing apparel.

Where was the man when you went to sleep? - I will tell you, I had not a bed to put him in, but he said, never mind a bed, I can plank it, I have planked it many a time; I left him laying upon the floor.

Was any body else left in the room besides him? - Yes, one of the men that was along with him, that man slept in the bed with me, my wife awaked me, the strange man was laying on the backside of the bed, I was laying in the middle, my wife was laying with her clothes on upon the bed, she put her hand under the pillow where she put her pockets, and they were gone, and the man was gone, and the money was gone; through the alarm I waked the man, and run up stairs to get a light, this other man that was in the bed put his hand in his pocket, and he said to me, Dick, all my money is gone; says I, it is fallen out in the bed, and I put my hand into my pocket; why, says I, all my money is gone too, so she came down, says I, what is the matter; Oh dear! says she, matter enough, the man is gone, and the money is gone; I missed thirteen shillings and sixpence out of my right-hand breeches pocket, and I had only three shillings and six-pence in this breeches pocket that I was laying on, he could not get at that.

After you missed the money, did you look for the man? - I never had any thoughts to look for the man, what should I look for a man for that I never saw with my eyes before; my wife locked the door, bolted the door, and latched it; that is, it was latched first.

Did you examine the door, when you first waked, to see whether it was open or shut? - My wife did.

Did you lose any thing else besides your money? - Yes, a waistcoat, a washing jacket that I had under my coat, and I have not another in the world, and a shirt; and when I took him he had my shirt on, the shirt and jacket were laid for him to lay on to keep him as warm as I could.

Where did you take the man? - In the Half-way-house at Stepney, I had intelligence on Thursday night about ten; I directly got up, and took him, and I took my garters off my legs and tied him, and I found my own shirt upon his back, with a name my wife clapped in with her own hands, the waistcoat was not to be found, nor the money.

Had you ever seen the man before? - Never with my eyes till I saw him in the cook's-shop.

Are you sure the man that you found at the Half-way-house was the same man that you saw at the cook's-shop? - Oh, I am sensible, would I go to say or swear a false thing, my Lord. no, I would sooner die first.

You are quite sure? - I am sensible of it.

Court to Prisoner. Would you ask the witness any question? - If it is proper, when I am put on my defence I will.

MARY BEATTIE sworn.

I am wife of the last witness, I remember his coming home on the Tuesday night.

Was your husband in liquor or sober when he came home? - In liquor.

Who came home with him? - Two men and the prisoner besides my husband they came home between eight and nine.

Had they any drink when they came home? - Half a gallon of beer the prisoner sent for, and half a gallon I sent for; the prisoner staid there, he only begged to be under shelter, he said he was locked out of his lodgings, and thought as he was a sailor he might get into harm; I went to bed about twelve.

Where was the prisoner? - He was fast in sleep, you might have heard him snore down at the bottom of the stairs, he was laying on on the board.

Where was your husband? - He was in bed; one was in bed, one man went away, and the other staid.

Do you recollect whether your door was fast when you went to bed? - I locked it, bolted it and latched it, that was the outer door.

What did you do with the key? - I left it within the lock on the inside.

What time did you wake? - Between three and four in the morning.

Did you find that you had lost any thing? - I put my hand under my pillow, where I laid, and I missed my pocket, which I had put under my pillow, I laid with all my clothes on but my pocket, stays and shoes; as soon as I missed my pocket, I said, Oh lass a day, and I waked my husband, I was afraid he would ill-use me, and I struck a light; my husband said, what, are you not well; what is the matter? Oh! matter enough says I, the money is gone, and the man is gone; I had six guineas and a half and nine and six-pence in my pocket; I told it over before I went to bed, and the prisoner was snoring fast asleep.

What state did you find your room door in? - The door has a padlock on the outside, and locks on the outside; I fastened it on the inside with a case knife, and the case knife was taken away, I never saw it since, any body could open it on the inside, but not without, unless they broke the case knife in two.

When you went down stairs, how did you find the street door? - On the latch.

Was there any thing missed besides your money? - There was the shirt, and the waistcoat, and a jacket as they call it.

Had not you been drinking? - No sir.

When did you see the man again? - On Thursday night between eleven and twelve, at the Half-way House at Stepney; the people that were in the house knew him again, and came down and told us he was there; I saw my husband's shirt on his back, it is here, it has the mark which I put in myself.

WILLIAM ELBY sworn.

I took this shirt off the prisoner's back, at the lock-up-room at Shadwell, on the 28th of September, on a Thursday.

Mrs. Beattie. We found two guineas, eight shillings and half-a-crown piece and a penny, we cannot swear to money; Mr. Crone would not come without he was subpoenaed, and we could not get any money to subpoena him; we are very poor people, and he stripped us of every penny but fourpence halfpenny.

PRISONER's DEFENCE.

Yesterday was three weeks I went to the cook's shop in Ratcliff-high way to get my dinner, and there was a man in liquor, I went in, I never minded the man, and the prosecutor and the woman was sitting at dinner; in three or four minutes the man that was abusing the man at the cook's shop, was hauled in, having broke the windows, the man that was in liquor that broke the windows, asked the prosecutor to pay for the windows; I said this man and woman have said nothing amiss, they sat at table at dinner, they were charged with a constable, at last the prosecutor agreed to pay the man for the windows, but before that, says the woman, you have seen we have done nothing, and we will go before the Justice, and we will pay you for your trouble; says I, good woman I have nothing to do with your affairs, the man that broke the windows proved to be the prosecutor's landlord, tho' he said he did not know him. I often dine at this cook's shop, and the young man the son said to me, will you go over the way and

have a pint of beer? and we went, and there was the prosecutor and his wife and three more men, seamen, they had, I suppose, five or six pots of beer; I paid for a pint of beer, and we had another, they would insist on my drinking, I refused, however, they got pretty still, and one of the men that went home along with us began singing a song, then they insisted upon my joining their company, we continued there all the afternoon drinking and singing, and I put down a shilling and said let us see what that will do, one of these seamen put down another, the other men said they would not pay any thing, they were asked in; so one being a stout man, says to the prosecutor, you was my total ruin you know by false swearing before, and you have an undoubted right to pay my reckoning, and the woman said, do not have any words, I will pay the next of the reckoning, and she paid it, and we all went to their house together; I was for leaving them, no, no, says the prosecutor and his wife, let us go home and have a bit of supper, and a song or two at home, we went there and she put some victuals upon the table, and fetched half a gallon of beer, that was soon out, and I paid for another half gallon; there were two others, a man and woman came up, we had three half gallons of beer, and at ten I said I should be locked out; never mind that says the woman, and one of the men said we shall all pigg here to-night; I insisted upon going home, they insisted I should not; about eleven we had three half gallons more, and being in liquor, I said I cannot sit up, let me lay down to sleep; I laid down and one of the men pulled his jacket off and put it over me; the woman came up stairs and said says she there is a woman lays there, you may lay down with her, they saw before I had money, and I said I want no woman; the other two men were up and down stairs several and several times; I fell asleep, and the woman waked me, says she you must get up because my husband will be very angry, he does not remember your being here in the room, and these other three are his country people, he will not be vexed with them, but he will with you, for he will not remember you, as he was in liquor, and she went down with me and let me out; I went and set with the watchman till day-light, and gave him threepence; on the Thursday evening I went to the Half-way House at Stepney, and we had some beer there, and in came this man and his wife, and another man, and took and tied my hands; says he, he has pistols about him, I was searched, I had neither knife nor pistol; well, they took me down to Shadwell, there they stripped me of every thing, the shirt was taken off my back, and she made oath before the Justice that it was her shirt; she then said it was marked with I. L. I bought the shirt of Mrs. Winnes who sells clothes near the New Road, and a pair of stockings and a black handkerchief; I received this money at Chatham.

Court. Is Mrs. Winnes here? - No, I had no money to subpoena her, all my money and things were taken from me.

What way of life have you been in? - I am a carpenter, I have been down at Liverpool these two years, I have nobody living here at all.

Where did you lodge? - At Mr. Castow's in Plow-street, Whitechapel, a chandler's shop.

Is he here? - No, I sent a letter, but whether it went, or how, or which way, I cannot tell.

Court. Let that shirt be handed over to the Jury with that mark.

Court to Mrs. Beattie. You say you put in that mark yourself? - Yes.

How came you to put in J. L.? - It was my sister's husband's shirt, and I bought it of her, he entered on board the Druid man of war, and this shirt was pawned, here is a letter from the Druid man of war, it was his shirt at the time I marked it, therefore I marked it with his name.

Jury. What was your brother's name? - - John Lundy .

Court. The letter is no evidence.

Where does your sister live? - She is on board the Druid man of war at this time.

Where did she live before we went on board? - In King-street.

When was it this letter came? - I do not know, they were letters that my sister left behind her, I only brought them on purpose to let you know they were the same name; it was since my nephew was drowned.

Court to Elby. When did you first see any thing of this matter? - The prisoner was brought up to the public-house where I was drinking, with his hands tied, and charged with robbing them of some money, and this shirt, seven guineas I think it was, the shirt was then on his back.

Whereabout is the mark of the shirt? - In the bosom; I searched him and found two guineas upon him.

Court to Jury. With respect to the breaking out, the evidence falls short, for there were several other people in this house, none of which are here, they might have opened the door.

GUILTY. Of stealing, but not of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. Baron Eyre .

Reference Number: t17851019-3

912. JAMES NESBIT was indicted for burglariously and feloniously breaking and entering the dwelling house of Cornelius Callahan , about the hour of one in the night, on the 20th day of September last, with intent his goods and chattles there being burglariously and feloniously to steal .

CORNELIUS CALLAHAN sworn.

I live in the parish of Saint John, Wapping , on the 20th of last month my house was broke open; I went to bed about eight, before I went to bed I went into my workshop, which joins my dwelling house, there is only a partition between them, and I examined the places, and it was all fast, I was not up last, my wife was up last.

Is your wife here? - No, she went to bed an hour after, about nine; there was no servant; I heard the watchman cry twelve, and about five minutes after, I heard a noise alongside my bed, there is a little trap-door and a shutter, and I looked across it and saw a great light in the work-shop, and I saw a great part of the shop untiled, and the moon shone in through it, and I could see nobody; in about fifteen or twenty minutes after, I heard a great noise, it came from the head of the bed to the foot, and I saw a man come right through the tiling, which was the prisoner, there were two men more on the tiling when he came down, the cross pieces that go from the rafters were cut away, and this chissel was found on the tiles in the morning; he was standing on my bellows, I went back and got a short gun, which I always keep loaded, and I presented it to him through a hole, and it missed fire, I fired again, it missed fire a second time, then I awoke my wife and told her, then she got up and the prisoner hid himself, he was an hour and a quarter in the shop; I made my wife come down, I was afraid they would murder me, and my wife waited for the watchman coming full an hour, then a woman came by, my wife called her, and she got assistance, and I told them to break the door open; the door was fastened.

Has he been in custody ever since? - Yes.

Did he take anything? - I cannot say.

- HITCHCOCK sworn.

I am one of the constables of the night, I remember coming to the assistance of the prosecutor; I was called between twelve and one; I came to his shop in consequence of being sent for, it was the 20th of last month; I know the prisoner, we found him hid behind the water-tub in the shop, he has been in custody ever since; we tried to break the door open but could not, and the prosecutor sent his little boy to undo the door, and I took him to the watch-house, and he was committed; we searched but there was nothing about him.

PRISONER's DEFENCE.

I went into an old house for shelter, and

in the night the rain came upon me, and I found a hole, and I went in there; I have no friends at all; that gentleman sent me to prison before for an assault, and I had only come out of prison that day, and I had no where to go that night.

GUILTY , Death .

Tried by the first Middlesex Jury, before Mr. Justice NARES.

Reference Number: t17851019-4

913. MARIA HAMILTON was indicted for feloniously stealing on the 20th day of September last, one linen gown, value 21 s. nine yards and a half of linen trimming value 2 s. 3 d. one silk and cotton gown, value 6 s. one black stuff flounced petticoat, value 6 s. one apron, value 12 d. one black silk bonnet, value 12 d. and 9 s. 6 d. in monies numbered, the property of James Groves , in the dwelling house of Thomas Shaw .

JANE GROVES sworn.

I am wife of James Groves , the prisoner lodged in a house where I lived, in the house of Thomas Shaw ; I lost a new linen gown and a silk and cotton gown, this is the cuff of it, a black flounced petticoat, a new one, it cost me nine and six-pence, I had wore it about three hours, and four yards and a half of new trimming to trim the gown, it was linen trimming, and a black silk bonnet, the Manchester gown is silk and cotton; there was a white cloth apron with nine and six-pence tied up in the corner of it.

What was the value of these things? - The linen gown cost me thirty-six shillings, I never wore it but once, I paid four shillings for making it; the other gown is pawned for five or six shillings, the week before last; the trimming cost two shillings, the bonnet two shillings, and nine and six-pence in money; I never found any of the things again, any further than the prisoner said she had lost the bonnet.

How came that? - She told the constable she had lost it.

What is the name of the constable? - Edward Treadway ; I met the prisoner in Broad St. Giles's on the 20th of September, and I asked her how she did, she said, indeed Mrs. Groves I am very bad, I am just come out of gaol, I am in great distress; I asked her to drink something, she said, if you please; I had known her three months before, I took her into a publick house and bid her chuse her own liquor, and she chose a quartern of rum, I paid a great for it, I I gave her six-pence to get her some meat, and I called for a pot of porter, and when she came back, I said, Mary here is sixpence, I am sorry for your distress; she said, indeed I am, for this old bed-gown is my shift; then I gave her a shilling and took the six-pence, then I got up to come away and it began to rain, I said Mary if you have a mind to come home with me and have a good dish of tea it may refresh you after your trouble; she came home with me and sat on the foot of the bed, and I took and tied the nine and six-pence in the corner of my apron in a hard kno, she saw me do it; I went and unlocked my box where my clothes were, and I put my apron and my money in the box, and I shewed her the trimming; I said I had bought it for that gown, and pointed to the box; she said it would look very neat; after a little while I said I was very poorly with a pain in my side, I would lay down if she would make the tea, she said do my dear, she covered me up, and I believe I fell asleep, and I missed her and there was no fire, and I went to light a candle, and I was locked in.

What time was this? - About one in the day-time, I thought she was gone to buy an old gown, I was not surprised, I made my bed and swept my room out afterwards; I found my box stripped of every thing, I missed my bonnet, I opened my window and called out, and a neighbour made answer, if any body has robbed you it is that woman in the white wrapper, for I saw her come down in your bonnet and a great bulk under her petticoats, she stood under

the gateway and pressed it down then I begged that somebody would go to my landlady, and see if they could open the door, and they got the door open, and I pursued where she said the prisoner was gone, I looked every where for her, and about seven or eight I met her; says I, Mary what an ungenerous creature you are, to treat me in the manner you have done, she was a minute before she spoke, she took the pipe out of her mouth, and said, I was just going to send to you; says I, Oh! you ungenerous creature, was you a going to send me my clothes again, and my money, and where is the key of my room, she put her hand in her pocket and said d - n you here is your key; says I, I will not leave you till I know where my things are; she flung her pipe down in the street and said,

"by the Holy Ghost I will score you like pork, if you do not loose me," and she clinched her hands as if she had been going to strike me, but she did not: says I, I will forgive you the money if you will tell me where my things are, but if you do not I will fetch a constable; so then she downed on her knees in all the muck, and said,

"bad luck and a sudden death attend you Mother Groves, if you do not fetch a constable"; so then I did fetch a constable, or else I would not have troubled my head about her; nobody was in the room but her when I laid down.

When you found her had she any of your clothes on? - No, she had a very handsome gown on, which she had taken out of pawn that very afternoon.

How long did you sleep? - I cannot recollect, but it was more than an hour, it was about twelve when we came in together, and it was almost two when I awaked.

- DOUGLAS sworn.

I have a lower apartment; I was having some breakfast with the woman of the house with my children, and the prisoner came to the window and asked for the prosecutrrix, I told her I did not know such a person by name, with that she went away, this was about ten in the morning; she was gone about an hour and a half, when she and the prosecutrix returned together, and they went up stairs together, and she might be up stairs for an hour and half or an hour and three quarters, I cannot say which, along with this said Mrs. Groves; when she went up stairs she had neither hat, cloak, nor gown on, and when she came down she had the contents under her petticoats, a kind of bundle, and she stood under the gateway and was stroking down her hips, and the prosecutrix's bonnet was on her head, which I had seen on the prosecutrix before, I thought the prisoner was gone out of an erand, she seemed as if hesitating, and then she turned to the right hand towards St. Giles's; I afterwards told Mrs. Groves which way she went as soon as she made the alarm; I am sure to the prisoner.

Prisoner. Did not I come down again in two or three minutes and leave the house intirely? - Upon my oath she went up along with this said Mrs. Groves, and never came down with the contents till an hour and half, or an hour and three quarters; she came down also with the bonnet on her head.

Prisoner. Did you see a bundle with me? - Yes, I saw a bundle under your petticoats, and a bonnet on your head.

EDWARD TREADWAY sworn.

Mrs Groves came to Justice Walker's about seven, and told me she had been robbed of the things mentioned in the indictment, and she gave me the key of the room; I went with her into Diot Street, we went from one public house to another, at last I met her in the street, I said to her, you must go along with me; what do you want? says she, I took her into custody, she had a linen gown upon her, she said she fetched it out of pawn that day, she said she had lost the bonnet, she was very much in liquor, she could hardly stand; I went with the key to open the woman's room, I tried it, and it opened the lock.

PRISONER's DEFENCE.

I did go into that gentlewoman's room,

and she said I will lay in bed, and do you lock the door and come up towards the afternoon and let me out; I did lock the door and put the key in my pocket, and at the time I was to come to her, I met her and that man, I said I was just coming to let you out; the prosecutrix was very much in liquor; I have no more to say nor do in it, but the house she lives in there is nine or ten houses, one runs into another, and there is twenty bunches of keys to one house, I lodged in it. I have tried other keys, it is a great court, and all women of the town in it, there is not one honest person I believe in the court, I have no witnesses, for I did not think the woman would be so wicked to fetch me up.

GUILTY, Of stealing to the value of 39 s.

To be transported for seven Years .

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

Reference Number: t17851019-5

914. JOHN HENDERSON was indicted for feloniously breaking and entering the dwelling house of Nathaniel Oliver , about the hour of four in the afternoon on the 10th day of October , no person being therein, and feloniously stealing therein, one silver teaspoon, value 2 s. one cloth apron, value 12 d. one linen shift, value 12 d. four children's shirts, value 18 d. one callico bedgown, value 9 d. one diaper napkin, value 8 d. ten children's caps, value 2 s. one muslin cap, value 3 d. one muslin handkerchief, value 6 d. two callico handkerchiefs, value 6 d. half a yard of linen cloth, value 12 d. a stone ring set in silver, value 2 s. a stone pin set in base metal, value 1 d. a necklace set in silver, and 80 glass beads to the same, value 2 s. the property of the said Nathaniel .

NALHANIEL OLIVER sworn.

I am a dyer , mine is a small house, in which myself, my wife and one child live; I went out in the afternoon, my wife having gone out before me, I made fast the door when I went out, I bolted the back-door and locked the fore-door, I had the keys in my pocket, I left nobody in the house, I returned in about an hour after, and I found a man in the house and my drawers were rifled, and when I returned my door was open.

Had you delivered your key to any body while you was absent? - No, I came back before my wife, I was at work just by, and I heard a noise, and I came to the back door, and there was the prisoner in the back room, I found him in the bed-room below stairs, I found nobody else.

What was he doing? - He was taking the things out of my drawers.

Had he in fact taken any thing out of the drawers? - Yes.

What? - Some children's shirts and shifts.

Where were they laying? - Some he had put in his bag, and some were laying in a chair; I asked him what business he had or what he wanted there, and he turned and said I will shoot you, and he put his hand into his pocket; I drew from him and he pushed by me, and I immediately followed him till I took him in the street he got out.

How far from your house had he got before you took him? - Nearly half a mile.

How came you to let him go so far? - I did not care to go too near him for fear he should shoot me, but more people came up then I mustered up courage, he ran and before I took him he threw something away, I followed him as close as I could within fifteen or twenty yards, he was not out of my sight in the course of my running.

Did you observe him throw something away? - Yes I did observe him throw something away, but what it was I could not tell; after I took him I went to the place where he threw something away, and there we found a pistol; when I took him he had one of my silver spoons in his pocket.

Had he any thing else? - Nothing else of my property; he had a box of gun-powder of his own.

What became of the bag you saw in the house? - It was left behind.

Who did the bag belong to? - To him.

It did not belong to you? - No.

After you had taken him did you examine that bag to see what was in it? - Yes, there were children's shirts, and shifts, and caps.

How many? - I did not count any of them, some things of mine were found in the bag and some were found in the chair.

After you had taken him did you examine the doors to see how he got in? - He broke open the back door, and took off the two bolts, the two bolts were laying down by the door on the inside.

Where does that back door open to? - Into a garden, I came to the back door.

How happened that? - I was down in the field at work near to the house, and I heard a noise, and it gave me a suspicion that somebody had broke in.

What became of the things that were in the bag, and that were in the chair? - The officer had them, his name is John Armstrong .

JOHN ARMSTRONG sworn.

The prosecutor gave me these things by order of the Magistrate.

EDMUND WADE sworn.

I produce the tea-spoon which I found in the prisoner's pocket, and a box of gunpowder.

(The tea-spoon deposed to by the prosecutor.)

Mrs. OLIVER sworn.

Court. Look over these things, that linen, and tell me whether you know any of them.

(The things deposed to.)

(The pistol produced, which was loaded with two balls.)

PRISONER's DEFENCE.

I was in great distress; I had not had a mouthful of victuals to eat; I had travelled from Bristol; I am a seafaring man; I have not a soul living in the world.

Court. You had better have sold your pistol and bought bread with that; how old are you? - About twenty-one.

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

Transported for seven years .

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

Reference Number: t17851019-6

616. JOHN ISAAC was indicted for feloniously assaulting John Wallis on the King's high way, on the 11th of August last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one rush basket, value 6 d. four live fowls, value 5 s. and one guinea, value 1 l. 1 s. and one half guinea, value 10 s. 6 d. and 10 s. in monies, numbered , the property of the said John Wallis .

JOHN WALLIS sworn.

I was robbed on the Edgeware road , on the eleventh of August, between seven and eight, it was light, I was in a single horse chaise, the person that robbed me was on foot, there were three in company, that stopped the chaise, I saw them about fifty yards before they met the chaise.

Had you any body in the chaise with you? - Yes, when they stopped me they demanded my money.

Who bid you stop? - I cannot say that, but I immediately gave my money.

Was you driving? - No.

Who was the person that was with you? - Edward Daniel , who is here; I lost a guinea, a half-guinea, and ten shillings, that I can swear to, they were taken out of my pocket, but not by this prisoner, and I lost a key and a note, I lost a basket of fowls; I cannot swear to the prisoner.

Were the other two taken? - Yes.

What became of them? - They were both convicted, I could not swear to any of them.

EDWARD DANIEL sworn.

I was with Mr. Wallis about a quarter before eight, I drove the chaise, I can only say the same that Mr. Wallis said; I perceived the men some distance, before they attacked us, I perceived the prisoner coming down the hill, he was the first of the three, I am sure of the prisoner, he was the only one of the three I had the opportunity of seeing; at the moment when they came opposite to my mare's head, the prisoner strove to catch hold of the reins of the chaise horse, I gave the mare a couple of strokes, and the prisoner gave me a stroke with the back part of the cutlass over my left arm, thinking, I suppose, I should drop the reins.

He did not wound you? - No; he did not; one of them came and robbed me while the prisoner robbed my friend; I am sure this is the man that robbed the prosecutor, Wallis, he held a pistol to his breast, and a cutlass.

Wallis. I saw a pistol and a cutlass, which took my attention more than the man a great deal.

Did you see any thing done with the cutlass? - No, I did not see him strike.

Mr. Keys, prisoner's Council. Did the man that robbed you go away immediately from the chaise, after he had robbed you? - Yes, he bid me turn my head about, which I very readily did; after he took the basket of fowls, I did not see him offer to strike any person; this transaction was a minute about, or two, three or five, I cannot say.

To Daniel. The prisoner was a perfect stranger to you before this transaction? - Yes.

How long do you imagine it was about? - I thing it was about five minutes; he was longer in robbing my friend, than the others were in robbing me; at the time we were about the bustle of the mare, I had as much view of him as I have of you now, and for a considerable way, he was coming down the hill, I had a particular view of him every way, I particularly observed him before he came.

Had you no terror on your mind at this time? - No, I had not, only when one of the prisoners threatened to shoot my dog, my attention was taken up with one more than the other; I knew all the three, and my friend knows them too, if he chuses to speak; the other two men were convicted on my evidence last sessions.

What are you? - I am a tea-dealer.

Where do you live? - In Southampton-street, Covent Garden; I was taken into a room, where the other men were, with twelve or thirteen, and I picked them out directly.

How long was it before you saw these prisoners again? - I suppose it was a month.

Mr. Keys prisoner's Council. If the prisoner struck at you, it must be across your friend? - Yes it was.

Yet your friend could not see that? - I do not wonder at that, he was a good deal terrified.

Court. Where did you see this man after the robbery? - At Litchfield-street, at the Rotation-office, he was taken up at Litchfield-street, and I was sent for.

Was he with other people at that time? - No, he was not.

When you gave evidence of the person of the prisoner, had you described the prisoner? - Yes.

How? - In black clothes.

How was he dressed when you saw him? - As he is now.

And was you sure he is the man? - Yes, I was clear he was the man.

How long have you lived in Southampton-street? - About sixteen years.

You have not a doubt about? - No, I have not indeed.

Mr. Keys. My Lord, the prisoner wished to have postponed his trial, on account of the absence of his witnesses, and I can only say, that if they had been here, they would have proved, that this young man's uncle is a man of reputation, and lives at Ealing; that the prisoner has been an officer, and since the peace he has been supported by his uncle, and bears a good character.

PRISONER's DEFENCE.

When I was brought to Litchfield-street, I was pointed out by Dixon and Blacketer, two men that belong to the office, to the

gentleman who was robbed; I heard one man in particular, make answer, and say, that is the man; any body might have been sworn to equally with me, I am innocent.

Court to Daniel. Was the prisoner pointed out to you as the man that robbed you, or did you yourself know him? - No, he was not pointed out, the prisoner was taken up on my information, and he told a long story before the Justice, that he was down at Folkston, from the first of August to the second of September; I had been there for some time.

GUILTY , Death .

Prosecutor. The Uncles have been with me, they are both men of credit, the one is master of the horse, and the other is first page to the Princess Amelia; they have given him a most excellent character; I wish the gentlemen of the Jury and my Lord to consider, and recommend him to mercy.

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

Reference Number: t17851019-7

916. WILLIAM MITCHELL was indicted for that he, on the 23d day of August last, one piece of base coin resembling the current silver coin of this kingdom called a shilling, falsely and deceitfully, feloniously and traiterously, did colour with materials producing the colour of silver, against the statute .

A Second Count, For that he one round blank of base metal, of a fit size and figure to be coined into counterfeit milled money, called shillings, falsely did colour with materials producing the colour of silver, against the statute.

(The case opened by Mr. REEVES.)

JOHN DIXON sworn.

I am an officer belonging to Litchfield-street; I know the prisoner: I took him in custody on the twenty-third of August in Tottenham-court-road in the street; Johnson came to the office to me, and in consequence of his information to me, I took up the prisoner; I searched him, and in his waistcoat pocket I found this bottle and this bit of black mittin, with these seven shillings, and fourteen sixpences, all bad; they have been in my custody ever since, and three shillings and sixpence in good money, I found in his pocket.

Court. Was the money mixed or separate? - No, the bad money was all in that bit of black mittin, the bottle was broke before the Grand Jury, but that is the liquor that was in it; I was obliged to find another bottle, and I took him before the Justice; I have some shillings to shew the Court that this stuff will turn them of that colour.

Have you made the experiment yourself? - I have, but I have none of them here; I believe Mr. Vines has.

Mr. Peatt, prisoner's Council. These kind of blanks are used for other purposes I believe. - Very few in that state, they have heads.

Is there any impression on any of them? - Yes, on several, a faint impression.

Jury. Some has no impression, and some a faint impression.

Are not pieces of metal of that size, applied to various purposes? - Not in that state; a round blank with neither head or woman on it, you may make a button of it.

Would you have taken any one of them as a shilling? - In the state I saw them in, they were finished fit to pass; I should not have taken any of them, but any other person would.

That you cannot tell.

WILLIAM BLACKETER sworn.

I know the prisoner, I was with Dixon, when he was taken into custody, and I was present when the shillings that has been produced in Court were found upon him, and the bottle of stuff.

Mr. Peatt. Do you know anything of the nature of that stuff in the bottle? - No.

Have you at any time seen men stand at the corner of the streets, with stuff rubbing buckles and buttons, to make them look like silver? - I have heard of such things but I never saw them.

Did that never fall within your notice? never.

WALTER JOHNSON sworn.

I know the prisoner, I saw him with one Charles Ford , about the 18th or 19th of August the prisoner asked me to go home with him, I went home with him.

Court. What, was he an acquaintance of your? - Not in the least, but I found by being in company with Ford, that he dealt in base money, I went home with him, and called for a pint of beer, he took a bason of the shelf, and there was some pieces about the size of half crowns or crowns, I looked upon them to be copper; after that he told me that he could cast any of them, I immediately went to Litchfield-street, and acquainted Blacketer of what had passed, and he desired me to watch the prisoner; the next day my business led me to go over London Bridge, and I met the prisoner and asked him how he did, he pulled out a bottle out of his pocket, I thought it had been a sample of rum, I smelt of it and I found it was aquafortis, besides that he pulled out of his waistcoat pocket, something similar to paste, similar to that which is in Court, which he said was for cleaning of metal, then I left them, and called at Litchfield-street and acquainted them; two or three days past, and I called again on the prisoner on a Tuesday morning about seven the 23d of August, I was going to see Ford, he asked me for a bottle that stood on the shelf, which he took, he was in his own house, he was in bed, No. 7, White Lion-street, I took it to be something of bark, then he desired me to reach him another bottle, which I did, and when he got up he took off the shelf a black purse which is in Court (looks at it) this is the very purse, it had something in it that jingled I could not tell what it was, I went with him to Ford's, and Ford was not up, I knocked at the window and Ford got up and let him in, I kept on the outside, he asked Ford to give him a little salt, I leaned and lolloped on the outside of the window, there was no glaze to the window, only shutters; the prisoner asked Ford to give him some salt, after that he pulled the bottle out of his pocket, and began to rub some off it with the salt, with some of the metal which he had, which were of the size of sixpences and shillings, he rubbed seven pieces resembling a shilling, and thirteen sixpences, one sixpence I did not see him do (which is the sixpence which lays at the corner) after he had done them, he put him into cold water in a bason, I went immediately to find Blacketer, I could not find him.

Did you observe what effect the rubbing of them had? - It appeared to make them look like shillings and sixpences.

Before or after they went into the water? - Before they went into the water.

What colour were they before they were rubbed? - Something similar to copper, when he washed them he put them into the very same purse, I then went to Dixon and told him what happened, and where he might find the prisoner.

Mr. Peatt. How soon was it that you saw what you took to be the pieces that you say he rubbed in that manner, or something similar to them, again? - He rubbed them about a quarter after seven, I saw them directly after, the next day when the prisoner was examined, I went to Mr. Vernon.

Then you do not know that they were the same pieces that you saw him do? - I really believe them to be the same, there is one shilling that has got a little bit of a hole or dent, that is it to the best of my knowledge.

Pray, Mr. Johnson, has it ever fell within your observation that people stand in the street with paste resembling the colour of this, and rub buckles or buttons? - Such things might be in the street, but I never took notice of it, I have read in the paper of these things for cleaning of silver.

Court. What way of life are you in? - I am at home with my friends, my mother is in the fan way, lives in Somerset-street, Portland-square.

Are you bred to any business? - I never was.

What age? - Twenty-nine, my father once lived at No. 61. Friday-street, he is reduced.

This man was not your acquaintance? - No, he was not, Ford was my acquaintance, I was under a predicament for an assault in New Prison, which was the way I got acquainted with Ford, I was a prisoner there for an assault.

You met this man first at the Hampshire Hog, with Ford? - Yes, it is opposite St. Giles's church.

What was your business there? - I called to see Ford being a prisoner.

What business had this prisoner with Ford, could you discover by the conversation between them? - I found that they had been to Peckham-fair the day before, putting off bad money, and they were eating some salmon, and I eat some with them.

Can you explain to the Jury what led to that? - I cannot.

What is Ford? - He is a duffer.

Because it seems a little extraordinary, that the prisoner should choose to put his life into the hands of an absolute stranger, you know Mr. Johnson? - I never saw the man before that time in my life.

Did you give him any encouragement to help him with respect to this money to pass it off? - No, my Lord, far be it from me.

Then, what was it that introduced you so far in the confidence of this man? - I thought it was my duty, or any other person's else, to have such a man apprehended.

I am not blaming you for discovering what past, but what I want to know is, what it could be that induced this man to put so much confidence in you? - I cannot tell, my Lord.

Do explain to the Jury how it happened that this man trusted you with such a secret as this? - I look upon it, knowing I had been in prison with Ford.

But he had no reason, I imagine, to suppose you dealt in that way? - I never did in my life.

But did he suppose so? - Being in prison nobody can tell what situation of life I had been in when I came out; I cannot tell rightly what made him repose so much confidence.

Rightly, can you at all? - No, I cannot.

Dixon. When Johnson applied to me I desired him to get some of it if he could.

Mr. Peatt. By your Lordship's permission, I beg leave to observe, this evidence does not sustain the indictment; as to the first count, it appears to me, that in the whole code of laws respecting the coinage of this kingdom, wherever counterfeiting of coin is mentioned, it must be so, that in the common course of receipts and payments of money, it might deceive a common observer; it is not merely the circumstance of money resembling in size, in diameter, and colour, that is such a resemblance as will reach the indictment, under the acts of parliament on this subject: there are various pieces of metal that are coloured for various purposes, that do, in some sort, resemble the current coin of the kingdom, both in size and colour, and yet have not that kind of resemblance to induce any reasonable person to take them. I conceive they must have some traces on the edges, or some traces of the inscription, or something of that kind of resemblance, that would induce people of common experience and of common observation to take them by themselves: with respect to the second count, I think there arises an objection to it from the very nature of the crime, as described in the act of parliament; it says, in a more general way, pieces of metal that only resembled in figure, pieces of base metal that are coloured for that purpose, so far as to resemble the colour of shillings; the evidence does not state that this money was the money that Johnson saw the prisoner colour, but if it did, it is within the eye of the Court and Jury, that they do not so far resemble the colour of shillings, so as to be taken by any

person of common prudence or observation; I thought it my duty to submit these observations to your Lordship's consideration.

Court. They are observations that go to the matter of fact.

Mr. Peatt. In the very last Sessions there was a trial of the very same nature, where the pieces did not more resemble the current coin of the kingdom than these, and the prisoner was acquitted.

RICHARD FRANKLIN sworn.

I am one of the moniers at the Mint; this money was not made at the Tower.

Can you judge by your eye, and without an assay, what the metal is, Sir? - No, my Lord.

Can you say by your eye whether it is silver or not? - I cannot say.

Court to Prisoner. What account do you give the Jury of it?

Prisoner. I must leave it to the Jury; my wife and myself took them in trade, every one of them; my wife keeps a green shop.

What is your business? - I used to sell goods; I received five shillings and sixpence of it myself in trade.

Goods, of what sort? - Hardware.

What do you say of that bottle? - I was acquainted with this Ford; I saw him in Clerkenwell; I went to see him, and this Johnson was drawing beer at the same time, and Ford was shewing a bad shilling, I said, Sir, I have a great many of them at home, and it is a great loss to me; says he, I will give you a bottle of stuff to rub them over; and in about a couple of months I met Ford and Johnson at the Hampshire Hog; then I believe I shewed them two or three of the shillings, and some pocket pieces in another cup; I have the pocket pieces to produce, which he says are half crowns; then we were talking about notes; I said I was no scholar, and Ford had a bad note about him when he took me that Johnson had given him: Ford was to take these fourteen shillings from me, and to allow me something for them, and to make the best of them; I have a very good character in the town.

The witnesses were called, but none answered

NOT GUILTY .

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

Reference Number: t17851019-8

917. JEREMIAH SHEPHERD and JOHN ARNOLD were indicted for feloniously stealing, on the 5th day of January last, fifty pounds weight of feathers, value 60 s. a bed-tick, value 18 s. a bolster-case, value 4 s. a pillow-case, value 2 s. a bed quilt, value 30 s. a blanket, value 8 s. a looking glass, value 5 s. a brass fender, value 1 s. four curtains, value 20 s. a window curtain, value 7 s. six bed valances, value 15 s. a cotton head-piece, value 5 s. a tea chest, value 5 s. a tea board, value 4 s. a feather bed, value 50 s. a bolster, value 5 s. a carpet, value 30 s. a card table, value 20 s. a tea board, value 3 s. three mahogany boards, value 6 s. three pieces of mahogany, value 3 s. the property of Thomas Rumball .

THOMAS RUMBALL sworn.

I live in the Minories , I am a cabinet-maker and upholsterer ; I lost my things, the prisoners were lately my servants , and whilst they lived with me I did not miss these things, one lived with me about two years, and the other about three; one left me about six months ago, that was Shepherd, and John Arnold about nine months ago; on receiving an information from one Atkinson, I went to the prisoner Arnold, who I found in Spitalfields, where he lived, and kept a greenstall; he lived at another place, there I saw him, and I took him to the public house, and I enquired of him how he came by some chair stuff that he gave to Edward Atkinson to make into chairs; he said he bought it of a man that had the appearance of a countryman, a chair-maker, and that he was very ill, and

was advised by his doctor to go into the country, and could not stay to make up the chairs, in consequence of which he offered it to him who then kept a broker's shop; I asked him where this chair-maker lived; he said he did not know; where is he gone to? why, to Lincolnshire; but did not know what inn he set off from; I immediately came to Jeremiah Shepherd , who then lived with a distiller; for they had left off partnership; when they left me they went into partnership together in a broker's shop; he was not at home, he came in, in about ten minutes with Atkinson; I asked him how he came by this chair stuff, which I said I knew to be mine; he said he bought it of a countryman, as the other did; I asked him where he sold these chairs when made up; he said to Mr. Samuel, a broker in Moorfields, for two guineas and an half, Arnold said he sold them for three guineas and an half, to a gentleman that came by promiscuously, and that the gentleman had his own porter, and took them away immediately; there their evidence differed, from whence I concluded that they were both rogues, and I took them before the Justice; while Shepherd was going to the Justice, he confessed to the runner, that if I went to Arnold's house, I should there find a feather bed, and sundry articles of my property; we went there, and the officer asked him whose bed it was, and I said whose bed is this John? why, says he, I perceive Jeremiah Shepherd has turned my for, and therefore I will confess the whole; it is yours, and that bed furniture is yours, and I hope you will pardon me, for I was drawn in: we found at Arnold's, a bed, bed tick and bolster case, and pillow case filled with feathers, a superfine quilt, a ten quarter blanket, a sender, a checque bed furniture, consisting of sundry pieces, which I believe are mentioned in the indictment; a tea chest and a tea board, they were all that I found at Arnold's, which I took to my own house.

Were all these things acknowledged by Arnold to be yours? - All, except the tea board and the tea chest.

What did he say about them? - They escaped our notice at the time; when they were brought before the Justice, the Justice asked them, if they had stolen any other goods; Shepherd said, there was a card table, and some other things: the Justice asked him who helped to carry away those things? he said, one Ford a porter: on the second hearing, this Ford was brought before Mr. Justice Staples, and was enquired of by the Justice what things he had assisted in carrying away; the prisoners were there, and he mentioned that he had carried away a table, and sundry feathers, and a feather bed, and some pieces of Tekoa wood, which were tied up at my warehouse, I found the caddy that they mentioned, and I found a bolster, two pillows, and three blankets, the carpet and table, a coffee pot and tea board, these were all my property, except the coffee pot.

EDWARD ATKINSON sworn.

I am a chair-maker, I worked up some stuff for the prisoners, I believe it to be Mr. Rumball's wood, but I cannot swear to it, I told Mr. Rumball of it, when these men were taken up, I went with him to Shepherd, I heard Shepherd say, he took six of the backs of the chairs, and all the rest of the stuff, and that Arnold was privy to it; I went with Mr. Rumball to Arnold's.

THOMAS STOKES sworn.

I am an apprentice to the prosecutor; I saw Shepherd take two pillow cases out of the dwelling house of my master; he said he wanted them for his own use, and a bit of mahogany, two or three bits of Tekoa wood, and a pillow case with feathers in it.

All at one time? - At different times.

How old are you? - Sixteen.

When did you first tell your master of this affair? - After it was found out.

Court. It is a bad beginning, young man, you are very young, take care and do not connive at any such thing again.

ANN READ sworn.

I live at No. 3, Cox's court, Aldersgate street, I lodged at Mrs. Faulkner's, No. 16, opposite the White Raven; a Mrs. Bolton came there, and gave me to understand a young man, which was Shepherd, lodged in her house, and had a bed and bedstead to sell; I went to look at it in King-street, Mile-end new town, we saw it, four pounds fifteen shillings was the price; there was a bedstead, bolster, two pillows, and three blankets, the tick was very old, I was no judge of the price; I bought it of Shepherd, and he brought it me over; he said he had some more things that he was obliged to pledge, accordingly he brought me a carpet one guinea and a half, a card table, 23 s. a tea tray, 4 s. a coffee pot, 2 s. which I also purchased on the 19th of September; I removed with my furniture, and on the 25th, my friend came to inform me there was a search warrant after the things, that they were stolen; the prosecutor came and looked at them, and bid me not make myself uneasy, for I had bought them at a fair price; they were fetched from me by order of the Justice; and I hope you will take it into your consideration, and let me have them again.

PRISONER SHEPHERD's DEFENCE.

Arnold and I kept a broker's shop, about six months, and we lent a man some money, about twenty guineas that we had saved, and he ran away with it, and the goods we had by us we parted; he took his, and I took mine; I was out of place a good while, and I parted with all my things, and I sold my goods to this lady.

How came you by those goods? - We were buying and selling goods every day, as other brokers are.

How came you to tell that some of Mr. Rumball's things would be found at Arnold's? - If I said that, it is more than I know; I have no friend.

PRISONER ARNOLD's DEFENCE.

We were in the brokers way, we bought goods at different times? - I know nothing of these goods, he brought them to my house when we commenced partnership; Mr. Rumbold came in, and said, these goods are mine, and Jeremiah Shepherd , your friend as you think, has turned your foe, and has tried to hang you; whereas when I came to the Justice the prisoner told me secretly, that Rumball had promised me lenity on previously confessing these things which he did, I work very hard for my living, and do not live by thieving: we thought our trial would not come on till tomorrow morning, then we should have had plenty of respectable housekeepers to speak for us, and counsel to plead for us.

JEREMIAH SHEPHERD , JOHN ARNOLD ,

GUILTY .

Each transported for seven years .

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

Reference Number: t17851019-9

918. MICHAEL SMITH was indicted for burglariously and feloniously breaking and entering the dwelling house of Hester, Ann and Elizabeth Blackhall , about the hour of two in the night, on the 17th of September last, and burglariously stealing therein, two silver table spoons, value 14 s. one quart of rum, value 2 s. a quart of red wine, value 18 d. and two quart bottles, value 3 d. their property .

HESTER BLACKHALL sworn.

I live at Bromley, near Bow , my sister Elizabeth and Ann are all three connected in the house, our house was broke open on Saturday the 17th of September, we went to bed about eleven, the servant fastened the doors, I saw them all fastened, and the windows were all fastened; we did not perceive it till the maid went down in the morning, the lock of the wine cellar door, which is in the kitchen, was broke open, they took down the door case from the back kitchen and in.

Was that done in the night time? - Yes, there was a bottle of rum gone, and some red-port, and a bottle of brandy, and two table spoons that were in the kitchen, the table spoons were taken on the prisoner at a pawnbroker's.

CHARLES FOX sworn.

I produce two table spoons, they are in the state I received them from the Justice' (Deposed to.) I lodge at Mr. Broughton's, I was accidentally at the door of the pawnbrokers, and the prisoner at the bar brought these spoons, I am sure that is the man, he brought them for sale, they stopped the spoons, and told the prisoner to go about his business, and he would not go, the prosecutor's servant was at the shop at the same time, he was not gone out, and we took him into custody.

MARY DENT sworn.

I am servant to the three sisters, they keep the house themselves, I came down at six in the morning, my fellow servant fastened the doors, I took off the shutters of the glass doors, I saw some bars laying in the yard, and I did not know what it was, and I went down into the kitchen; it was just light when I came down, I heard no noise in the night, I went up stairs to fetch my fellow servant down, and we went into the kitchen, and saw the wine cellar broke open, the table spoons were left in the kitchen with some dirty plates, I did not wash them, and they were there at night.

Were they gone in the morning? - Yes, Sir, there were two chairs stood, one was nigh the table, and the other was not, they had written something on the table, they had burnt a large candle almost out, they sat down some hours and drank the liquor, there was a candle in the back kitchen, but I am sure it was not in the back kitchen when we went to bed.

(The spoons deposed to.)

JANE JOHNSON sworn.

I live with these ladies, and Mary Dent , she got up first in the morning, and then she came and called me, I saw the cellar door broke open, and the back door that goes into the yard; I was at the pawnbrokers, when the prisoner came in there with the spoons, I knew him before, he worked at our house, carpenter's work, I claimed them as my mistress's, I asked him how he came by them, he told me he bought them, but he could not tell where, the robbery was on the Saturday night, and this was Sunday afternoon, between five and six that he came to offer them.

PRISONER's DEFENCE.

I am not guilty, I was out on Saturday night, and got a little liquor, in coming home, I met two men, and I bought two spoons of them.

GUILTY , Death .

Tried by the first Middlesex Jury, before Mr. Justice NARES.

Reference Number: t17851019-10

918.

JUDITH READING was indicted for feloniously stealing on the 7th day of October , sixteen yards of printed cotton, value 21 s. the property of William Hunsdan , privily in his shop .

WILLIAM HUNSDAN sworn.

I know the prisoner by coming to my shop; I live in Ship Alley, Well-close-Square ; I am a linen-draper ; on the 7th of this month she came to my shop between twelve and one, a man came in along with her, she came behind him; a man came and asked for some stockings, I was serving the next witness with some table cloths at the same time; in the interim she made several signs to me that the prisoner had some of my property under her cloths; I saw the prisoner have something under her cloak, I did not know it was my property, nor I did not understand what this gentlewoman meant by it; the prisoner asked the gentlewoman to go and drink a pint of beer with her; she dropt the linen down in the shop, and this gentlewoman picked it up.

What was it? - Furniture cotton.

What quantity? - Sixteen yards.

MARY HALFWRIGHT sworn.

I did not see the good woman take any thing, but I saw something under her cloak.

What was it you saw under her cloak? - A piece of linen.

You did not see her take it? - No.

Did you see her drop it? - No, I saw a sailor pick it up.

Are you sure that which waken up was what you saw under her cloak? - Yes.

Was any body on the same of the compter she was when it was dropped? - The sailor and the man that was with her; he was on that side too.

Was it taken up immediately? - I cannot say.

What time do you think there might be between the time it was dropped taken up? - About two or three minutes, I missed the piece off the counter; there are two pieces laid on the counter, and of them was gone.

Did you see that piece under cloak that was missing? - I believe it was.

But are you sure? - No, it appeared under her cloak.

How came the prosecutor not it? - I do not know.

Court to Prosecutor. Did you the piece off the compter? - No; I busy; the man stood at the compter.

Are you sure that was one of the pieces that lay on your compter? - Yes; was just brought in; I had just two

pieces of it; I knew it immediately; this is the piece.

Court to the Woman. You cannot swear that that is the piece you saw under her cloak? - No my Lord.

PRISONER's DEFENCE.

I came into that place to buy a yard and three quarters for a bedgown; I stood by this gentleman here behind him; I had this handkerchief tied up and three quarters of a ya and the forebody of a gown and a two-penny loaf, so I took this stuff out to see I could match it, and I put it so under arm before this good woman; one of the sailors came behind me and gave me a and asked me if I would give him any beer there was a piece of cotton on the ground; this gentlewoman took it up direct, and came and challenged me with this piece of cloth; I left mine at home.

THOMAS TAYLOR sworn.

the 7th of October I was fetched to take charge of the prisoner; I took her up to a watch-house and searched her; she had about twelve shillings and six pence in silv, and about six shillings in half-pence, and piece of green stuff for a gown, about a d, and they would give charge of a sail who was with her, and told the prosecor that he picked it up.

Prosecutor. When the sailor picked up the cotton, he made a great noise in her prnce, and said she should be committed, heould commit her himself, that was said iner presence.

Prisoner. The sailor said himself the pi of cloth lay there before I came into the house.

Prosecutor. I am sure that was not the

THOMAS CUNNINGHAM sworn.

Court. Let me give you a little caution what you swear. Remember now you upon your oath; take care all you say true. - I went to the shop and asked for pair of stockings of the gentlewoman of a shop, and she told me she had none, and when I went in I saw this piece on the ground, and this woman afterwards came in; the prisoner came in after me; I was in the shop before she came in.

You are sure the piece was on the ground? - Yes my Lord; there are two more witnesses at the door now.

Was you there when the constable and they were altogether? - Yes, I was.

Who was there besides the constable and you? - There was a gentlewoman and two sailors.

Are the two sailors here? - I cannot say, the gentlewoman of the shop was there also.

Perhaps you did not hear any thing of her being angry about the sailor telling she took the things? - No.

Did you insist upon it then, and tell the constable and the prosecutor? - I gave charge of the sailor to Mr. Taylor.

Wa s the sailor in the shop before you came? - Yes; he just came in.

Prosecutor. The sailor did not go to that part where the furniture was.

Court to Cunningham. You are sure this was on the ground when you came into the shop? - Yes.

Court to Prosecutor. Did any other man come into the shop but that man for the stockings? - No.

MARY DONNAHO sworn.

Court. Let me give you a caution to take care what you say; remember you are upon your oath. - The very same day I was coming along; I live on the otherside the water; I was not in the shop; I was going to the same house to buy a shirt, and the young man that is here was along with me; he asked me to go to that shop to buy another shirt for him; I had bought one before there for him; after I came to the door he asked me to buy as much cotton as would make a shirt for him; I told him there was no cotton, I had asked for some once before, I was obliged to buy ready made shirts, I bought a ready made shirt for seven shillings, striped linen; then we stood and I told them we could buy one of these very cheap; after we stood at the door, we did not go in,

I saw the woman do no harm; I saw the woman go in, and when she went in she had something in her handkerchief; I saw something on the floor, as I really think now, it was something red or something red and white, and she had something in her hand, which she had in her handkerchief.

You did not go into the shop, nor you did not follow her? - I cannot tell, I cannot swear I saw something on the floor red and white, but I did not see any body take any thing up; this woman went into the shop, I saw her going into the shop.

Did not you stand at the door? - I would have gone into the shop only the young man did not like to buy the cotton.

How could you see what was there, you do not know what it was you saw laying? - I cannot tell.

Court to Prosecutor. Do you remember this woman being there? - No, I never saw the woman before in the shop.

Court to Halfwright. Did the woman give you a hint to drink part of a pint of beer, after you had given a hint about the the linen? - Yes; I saw the woman come in and the two men; I am sure the linen lay on the compter at that time; it lay to the right hand.

Court to Prosecutor. Did that man buy any stockings? - No, he did not.

GUILTY Of stealing, but not privately .

To be privately whipt , and confined to hard labour twelve months in the House of Correction .

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

Reference Number: t17851019-11

919. JOHN DAVIS was indicted for feloniously stealing on the 16th day of September last, one gelding, price 10 l. the property of William Mansell , Esq.

WILLIAM MANSELL , Esq. sworn.

On the 2d of September I missed my gelding from Woods end , where there was an encampment during the summer; I suppose it was stole in the night, between the first and second; he was taken out of the stable; it was a grey gelding about ten years old; I had it about a fortnight, I found it again on Saturday morning when I was relieved from guard at Wandsor I found the gelding at Sir Sampson's Office; I do not recollect the day.

How long after the loss? - About week.

Do you of your own knowledge know any thing of the person that stole the gelding? - No, only that I found the prisoner and the gelding at the office.

JOHN SHALLARD sworn.

On the 15th of September, I took the prisoner at a place called Hoddesdo, in Herts, and I brought him to Bow-street, and there he confessed where the gelding was left, in consequence of that I fetched it.

Where did he say the gelding was - At Bow, in Middlesex.

At whose house? - At Mr. Web's, the sign of the plough, he could not rightly tell me the house, but I traced it and found it there.

- WEBB sworn.

I keep the Plough, at Bow.

How came this gelding there? - The prisoner brought it the 4th of September, it was found at my house the 15th, had taken out an advertisement to have it advertised, which was to be put into the paper the day after; he brought it to me th three shoes on, and ordered me to g it shod, which I did; he brought it a Sunday, and wanted to have it shod at day, I told him I could not, he we to Bow, to get it done there, but could? I saw him on the horse, he was alone n I saw him, he came back again and d at my house all day on Sunday night, d Monday morning till near nine o'clock night, and went away without saying a thing to anybody belonging to the ho I got the horse shod according to his

ders, I saw no more of him till I saw him at the office.

PRISONER's DEFENCE.

I know nothing about the horse.

What are you? - I am a hair-dresser, I was apprentice in King-street, St. James's, I am lately come from Paris, I have friends but most of them are in the country, except one Mrs. Patridge, who is here.

(Called but did not answer.)

Court to Mr. Mansel. Did you know anything of this man? - He is a soldier in the twenty second regiment, which I belong to, I cannot rightly tell how long he has been in the regiment, I think about three years.

GUILTY , Death .

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

Reference Number: t17851019-12

920. WILLIAM POWLEY was indicted for feloniously stealing, on the 16th of October , one black gelding, price 5 l. the property of William Otteridge .

WILLIAM OTTERIDGE sworn.

I live in Short's Gardens, near Long Acre; on last Sunday evening I lost a horse, which was at grass at Finchley , where I have a farm, I saw him about half after five in the afternoon; he was missed on Monday morning about seven; my man missed him; I came to town, and heard of him on the Monday morning at the Blue Anchor, in Saint John-street; I never saw the prisoner before; the horse was mine; he was a black horse, with two white feet behind, and a long tail; I am quite sure he was my horse; I have had him near seven years.

JAMES CHARLES sworn.

I am one of the patrol; I mistrusted the prisoner; I thought the horse too good to be his; I asked him where he was going with that horse; the first word he answered me was, he was going to the horseboiler's, I told him I thought it was too good a horse for that, and that he did not come honestly by him, and then he said he was going to the Bull Inn in Bishopsgate-street; then I called one of my men to my assistance, and I walked down by the side of the man, and he told me where he had the horse from, he said he took him out of the field near the Green Man upon Finchley Common, and he had this string on his head.

Did you make him any promise, if he would tell you the truth? - No, my Lord, I am sure of that; I was present when the prosecutor owned the horse; it was the same horse that I found upon the prisoner.

SAMUEL COX sworn.

I know no more than being stationed as a patrol, and my fellow servant, Charles, called me to his assistance, and when I came there was a black gelding, and this lad with him, and we went with this lad and the horse to the Blue Anchor; I asked the lad how he could do such a thing, and he said he meant to take him to his own country to sell him, and buy him some clothes to get him a place; I was present when Otteridge saw the horse; it was the same horse that was taken on the prisoner.

Court to Prosecutor. These men were present when you looked at the horse? - Yes.

Prisoner. I have nothing to say.

Have you any witnesses? - No.

GUILTY , Death .

Recommended to mercy by the Prosecutor and Jury.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-13

921. WILLIAM SHERGOLD and EDWARD PRESTON were indicted for feloniously assaulting George Haines on the King's highway on the 18th of September last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one cloth jacket, value 4 s. his property .

GEORGE HAINES sworn.

I have been out of place about a fortnight; I went into a public house in Russell-street to have a pint of beer, and I saw the prisoner Shergold; I never saw him before in my life, and he said, Jack, how do you do, and he asked me to lend him a shilling, but I told him I had only eighteen-pence, and he put his hand on the outside of my pocket, and said, here is money, and I told him I would tell him the truth, I had three shillings, and in half-pence I had about three shillings and six-pence then; I lent him a shilling, as he asked me; and in a little time he came to me, and said, I wish you would lend me another shilling, and I lent him another shilling, and in about ten minutes after that he came up to me, and told me he was going to take a room at three shillings a week; and that I should not want for a lodging, or any thing else, and that he was going to receive five thousand pounds in a little time, and I should not want, if I would lend him another shilling; when he had the three shillings, and had drank the beer that he had, he asked me if I would come to Mr. Lewis's with a boy's father and mother that were there, and he said, we could have a pot of beer; I went with him, and we had a pot of beer; when that was drank the prisoner went away, and came again, and his acquaintance that was with him; soon after they came in again, and I staid a little while then; I went away, and on Saturday I saw them again, and staid a little while with them; then I went away, and saw no more of them till Sunday; then I met the prisoner Shergold, and he asked me to go to Mr. Lewis's, and we went into the Long Fields; I saw him again about seven, and the other prisoner was with him then, and I told them I lived with Mr. Combes, Bishop's Court, Lincoln's Inn, and we went that way, and he took me to the back of Lincoln's Inn Gardens, and he bid me go to my master's public house, and order a pot of beer, and change for half a crown, and meet the boy, and send him for another pot; then he asked me if I could take up any money or bacon, or beef, in my master's name; then, says he, could not you steal any thing of a gold watch, or any thing of that kind, I said I would not; then the prisoner Preston said, you bloody b - r, if you will not, you shall strip, or I will cut your bloody melt out; then Shergold laid hold on me, and he could not well manage me, then Preston pulled me, but I was so frightened, I let them pull it off without any more; while I was pulling my jacket off, another that was with the prisoners snatched my hat off; I snatched it back, and they all three made off; I then went to Bow-street to give information.

What are you? - I was errand boy to Mr. Combes; I lived there about half a year; I left my place because I could not wait at table well enough; I am about fiftteen; I never saw Shergold before that time at the public house.

How came you to lend him money? - Because he told me he would pay me again, and he had five thousand coming to him, though he was in distress.

Did you think there was any likelihood that such a fellow as him should have five thousand pounds? - I did not know what there was; I did not know he was a thief.

Where is this Lewis's house that they took you to? - In Red-lion-court, in Russel-court.

What is this Mr. Lewis? - I believe he is a very honest man; he blacks shoes; I only knew the name of one of the prisoners at that time, that was Shergold, I never saw the other before that Sunday night, but I am sure he is the same person; I knew him by sight as well as I know Shergold; I am quite sure of both of them.

Prisoner. Is not the shirt he has on mine? - This is not it, for I took off the shirt that he lent me, and it is now washing; he had one of my shirts, which cost

me six shillings, and he pawned it for three shillings, but I never had a farthing of the money; he lent me his shirt to put on as I had no other.

JOHN SHALLARD sworn.

The prosecutor came to Bishopsgate-street, and gave information that he had been robbed by one Shergold, I knew him very well, and I was after him all day, and I found him at night at Drury-lane Play-house door; the prosecutor told me the same story he has you; I did not take the other prisoner.

JAMES BAYES sworn.

I am one of the patrol belonging to Saint Giles's and Bedford-square, I took the prisoner Preston at two o'clock in the morning; the prosecutor was standing in his shirt at the door of a lodging house in Dvot-street, and he said, that the man that had robbed him of his jacket was gone up stairs, I went up, and took him out of bed; as we were taking Preston to the Justices he said, going along, if the prosecutor would but forgive him he would give him the coat off his back; I said to Preston, you had better tell us what you have done with the lad's clothes; with that persuading him, he told us where the things were; I found the jacket in the house of a man named Palmer, who bought the jacket; he is here.

BENJAMIN PALMER sworn.

I had this jacket of the prisoner Preston; on Sunday about nine o'clock, he asked me to lend him a little money upon it, as he was distressed, and could not pay his lodgings, I said to him, I do not lend any such thing, nor buy on Sunday nights, I said you have stole it, he said, no, it is my own property, but I would not lend him anything upon it, and away he went, and in two or three minutes after he came back and I told him I would give him eighteen-pence for it, and he took the eighteen-pence, and went away.

Are you sure he is the person? - I really believe, to the best of my knowledge, he was the person that brought it; I never saw him before, but he is the same man that came the next day.

Have you any doubt that it is him? - I have not.

Was anybody with him when he produced the jacket? - Nobody.

What are you? - I keep a chandler's shop, and a pawnbroker's, I did do, but I have laid that by; I buy and sell old clothes in Bambridge-street, Saint Giles's.

What would you sell that jacket for? - I offered to sell it the next day for two shillings, and I was bid one shilling; it is worth to the wearer two shillings or half a crown.

Bayes. It is worth about three or four shillings to the wearer.

PRISONER PRESTON's DEFENCE.

I am not the lad that sold the jacket, and at Bow-street that man said it was a man taller than I.

PRISONER SHERGOLD's DEFENCE.

We went to Bishop's Court, the prosecutor took us there to rob his master, and he stripped off his jacket and his hat, and gave the jacket to this lad, who went and pawned it for eighteen-pence; Preston did not pawn it.

Court to Prosecutor. What became of your shirt that Shergold had? - I never saw it since.

Which was the best shirt? - Mine cost six shillings, and his would not pawn for anything.

WILLIAM SHERGOLD , EDWARD PRESTON ,

GUILTY Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-14

922. GEORGE MANNING , alias FRANCIS HILL , WILLIAM NICHOLSON , and MARGARET CADWELL , were indicted for burglariously

and feloniously breaking and entering the dwelling house of William Rose , about the hour of eight in the night, on the 28th day of September last, and burglariously stealing therein, four linen frocks, value 7 s. a linen shift, value 2 s. a looking glass, value 2 s. one sheet, value 2 s. three aprons, value 8 s. one linen gown, value 4 s. two stuff petticoats, value 16 s. three shirts, value 15 s. a pair of stays, value 20 s. a silk cloak, value 10 s. a silk handkerchief, value 2 s. two linen handkerchiefs, value 18 d. three stocks, value 18 d. and one linen tablecloth, value 4 s. the property of the said William Rose .

William Kendrick , an accomplice, ordered out of Court by Mr. Garrow.

WILLIAM ROSE sworn.

I am a poor labouring man , I work hard for my bread, I live in liquor-pond-street, Horn-alley , I am a housekeeper; I lost the things mentioned in the indictment on the 28th of September last, I was not at home when it happened, I know nothing about it; I came home about eight to go to bed, and I found my house door broke open, and my things gone, here is the lock of my parlour door that was broke, there was no mark of violence on the outside door, only opened, I called to Mary Moore , who was locked in, I asked her how she could lay there, and let my house be robbed; she said she was locked in, and then I burst open the door, and took her out of bed by force, and sent for Mr. Isaacs to take her into custody; then I sent for the prisoner Margaret Cadwell , as I suspected her, she lodged in the house; then we went before the Justice.

What did you lose? - The things mentioned in the indictment, I missed them out of the drawers in the parlour; I never found any of them, except one silk handkerchief, on Snow-hill, at a pawn-broker's; the prisoner Hill used frequently to come to the house; I suppose he lodged with some woman in the room.

MARY ROSE sworn.

I went out and locked the door, and carried away the key, I left nobody in my room, the prisoner Cadwell was not at home above stairs.

Were your drawers all safe when you went away? - Yes.

It was hardly dark when you went out? - Just upon dusk, hardly dark.

I suppose your street door in the day time is open? - It goes with a spring lock, I pulled it to, and it was fast.

What time did you come home? - About half past eight, I found my husband at home, he brought the key with him; when I came home I found my room stripped of every thing; here is a list of what I lost, they are the things mentioned in the indictment, they were in my drawers in the parlour; nothing has been found but one handkerchief.

What is your reason for charging the three prisoners? - Because they confessed.

Did you hear them confess? - Yes.

Which of them did you hear confess? - Mary Moore and William Kendrick .

Did you hear any of these people at the bar confess any thing? - No.

MARY MOORE sworn.

I lodge at this house.

How long have you lodged there? - Not quite a fortnight.

Who else lodges in the house? - Mary Welch .

Did you lodge with her? - Yes.

Were there any other lodgers in the house? - Mary Cadwell , all in the same room.

Did any of these men lodge there? - Francis Hill came there to Mary Welch .

Do you remember the night this room was robbed? - Three weeks ago last Wednesday.

Where was you at that time? - Up stairs, in bed.

Tell me what you know about it? - Five weeks ago I was in Gray's-Inn-lane, between seven and eight, Francis Hill and

Kendrick, and another, I do not know his name, came to the street door of the prosecutor's house, and he asked if the landlord was at home; I asked him what he wanted; he made no answer; nobody was upstairs but Margaret Cadwell and I, he stood at the stairs foot, immediately I heard a great noise below, as if the door was breaking open.

How did he get in at the street door? - I do not know; then Francis Hill came up stairs, and he asked for a light; I told him there was neither fire nor candle, and he asked Margaret Cadwell to fetch a candle; and she said she had no money, and she went down stairs, and one of them gave her a halfpenny, I do not know which it was, then while she was gone Francis Hill came to me and said, d - n his eyes he had broke the door in, and he said Bill Kendrick was in the room, and if the old b - r came while he was robbing the room, Bill Kendrick should knock him down; Francis Hill said, if Kendrick was knocked down, he would believe to take him up, while Bill Kendrick brushed; then he went down stairs after a candle came; Margaret Cadwell brought it, and they were in the room about ten minutes after; Margaret Cadwell came up stairs to me directly when they had done, they stood at the stairs foot, and one of them called to Margaret Cadwell to take one of the bundles, which she refused, then they went about their business, and Margaret Cadwell seemed very much frightened, and said she would not stay in the house, I begged she would, but she went away and locked me in, and went into Holborn to give Mary Welch the key.

How many men did you see in all? - I only saw Hill.

Could you distinguish the voices of any more than one? - No.

Do you know whether there were more than one there? - No, I never saw any more than one, I could near more than one speak, but I did not know his voice, I heard only one voice.

Mr. Garrow. You was very well acquainted with Kendrick? - No, I never saw him but once before.

What way of life have you been in? - I am a servant, but I have been out of place for sometime, and I have been in the hospital for the King's evil.

How long have you been out of place? - About twelve months.

In what way of business have you supported yourself during that twelve months? - First one thing and then another, I do a bit of needle-work, and go of errands.

Is that the way you have got your living? - I cannot say but it is.

I will not ask you more about it, because the gentlemen I dare say understand however you are one of the three women that used to sleep with this man? - Sometimes I went to bed at ten o'clock, sometimes I laid in bed all day, when the room was robbed I was in bed all day, because there was no fire, nor I had no gown to put on.

Had there been any talk about breaking into this old man's room? - I heard none.

The landlord suspected you had robbed the room, did not he? - Yes, he carried me before the Justice.

When was it that you first told that story? - That very night, before I went before the Justice, I told the constable of it, he is here.

You told us about brushing by, running away, how long have you been acquainted with that sort of language? - I heard one of the gentlemen say so.

Which gentleman, one of the officers? - Yes.

How long have you been acquainted with Kendrick? - I never was acquainted with him in my life, I was not acquainted with him when he was tried the last time; I do not know how often he has been tried here.

WILLIAM KENDRICK sworn.

Court. Relate what you know of the robbing Rose's house? - Between the hour of seven and eight last Wednesday was three weeks, I was going to my mother's

house in Holborn, I met Nicholson, he asked me where I was going.

Mr. Garrow. I take the liberty of submitting to your Lordship, that there is no evidence against Nicholson.

Court. I hold, that it is regular to hear an accomplice in any stage of the prosecution, whether afterwards it deserves credit, will turn out upon the whole evidence, in which, to be sure, care will be taken to separate, but I cannot at present, cut the evidence to pieces in the course of the narration.

Kendrick. We went up Brook-street, and went to the Barley-mow in Gray's-Inn Lane; coming up Holborn, we met Francis Hill at the corner of Gray's-Inn Lane, and he says, where are you going; says I, nowhere in particular; says he, if you will go with me down to the house where I lodge, the landlord is out of the way, and we can break open the place and get all the property out; I asked this Nicholson whether he was agreeable to go, and he said yes, and all three of us went as hard as we could down to the house; when we came there, there is a kind of a yard about three yards from the street-door that goes in with a little gate-way, and this Hill told us to stop there while he went to enquire whether the landlord was at home; he went upstairs and came down again, and said, no, there is nobody at home, let us go in, and immediately all three of us went up to the parlour door, the lower part, and we all three of us shoved the door open by the force of our hands.

Was the door only put too, or locked? - It was fast.

How did you get the door open? - By the force of our hands, but I could not see then whether the lock was broke; afterwards, says I, we want a candle; Hill went up immediately to Cadwell and says, have you got any candle, no, says she, have you got the parlour door open; says he, come down stairs and he (meaning me) will give you a halfpenny to buy a candle; she came down stairs and I gave her one, and she felt in the dark; it was a new halfpenny by the roughness; she said it was a bad one, and I gave her another, then she returned with a candle and she came into the yard and said, here is the candle, do you want it lighted, and Hill said, what do we want with a candle if it is not lighted, and she went over the way and lighted it, and came and gave it to Hill; she went up stairs; then we all three went into the room and shut the street door, and the parlour doors, then we opened the drawers and took out all the property that is mentioned in the indictment; I packed them up in three bundles; after we packed them up in three bundles, we packed one up in this, Nicholson's apron, and another in a black petticoat; I cannot tell what the third was packed in; we each took a bundle and called Cadwell to take the candle, and I said to her, put one of these bundles in your apron and come along with us; she declined doing that, but took the candle, and told us to wait a few minutes at the bottom of the stairs; the other two men went out, and I waited a few minutes for her coming down, and she did not come down, and I went away and pulled the street door after me, then we carried the property into Leather-lane and into Holborn, and we went to a coach that was in the rank, and put the property in, and carried it to the Windmill-inn, in St. John's-street, Smithfield, and sold the property for thirty-six shillings to one Mrs. Carter that lives up in the gallery; after we had sold it, I happened to put a silk handkerchief that belonged to some part of the property, in my coat pocket; coming down Snow-hill, I felt in my pocket, and said, here is a silk handkerchief that belongs to part of the property; Nicholson said, go in and pawn it; I declined it, and he went in and pawned it at one Mr. Cordey's on Snow-hill, for eighteen pence; and he came out and brought out three six-pences, and he gave us six-pence apiece and kept six-pence himself, and we went to Holborne and we met Cadwell, and we asked her to have something to drink; we told her where we were going, to the Barley-mow, and she came in half an hour, and the landlord would not let her in, he gave her a glass of gin, and she went out, and we never saw nothing of her till she was apprehended; after that we sat there and had

some stakes and beer, and we thought it time to come away; I still had the money in my pocket the things were sold for, and going towards Drury-lane, there was a tallow-chandler's shop open; there was a candle in the window, and they desired me to give each of them their share, and I took out the money by the light of the candle, and gave each his share; then we went down Drury Lane and had a pot of beer and smoked a pipe; then we all agreed to go to Nicholson's lodgings, in Baldwin's Gardens; we all went there, and went to bed; the next morning we got up and went to a public-house, and had some purl, and so it passed for three or four days, till Sunday came, then I was apprehended in bed.

Where was your home? - No. 12, Ely-Court, Holborn.

Mr. Garrow. Mr. Kendrick, you tell this story as easily as a man can read a chapter in the bible, as if it was to your honour; how long have you been engaged in this business? - About a twelvemonth, as far as I can recollect.

Is it not more than a twelvemonth since you was taken up with Berwick Mayton? - He was capitally convicted for privately stealing, I was neither a witness or anything else.

How often have you been in custody since? - I cannot tell, that is an odd question to ask.

You are as often in custody as out? - No, not quite, I cannot tell.

Give a random guess, we will not quarrel for a dozen times? - I cannot give no random guess, I may have been once taken up or so by a warrant.

Do not you know that you have been much oftener at Bow-street than once? - No.

Have you never been a witness against your accomplices? - No.

Are you sure of that? - No.

Did not you keep that handkerchief on purpose for them to pawn it? - It was all a random affair, I did not like to go into that shop.

Why did not you like to go into Mr. Cordey's? - I declined doing it, I had no reason.

Was not your reason for not going in, that they might not be evidence against you.

Who proposed going to Mrs. Carters? - We all know the place because Nicholson, I believe, had never been employed in any such thing before dealt had been about six months.

A ready receiver for anything you carried to her? - I believe so, I believe she does in case we have anything of that kind to give her, I never sold her none.

You only deal in this sort of way? - I do not know what sort.

I suppose if there had been any plate in the house it would have been all the same? We should not have left it behind, Mrs. Carter lives there now, if she was not left behind, I did not squeak after I was taken, I stood out a week, and then I should not have squeaked if it had not been for other people, I thought this woman would have done it, Margaret Cadwell , I know they were taken up a week after I was apprehended, I believe it was the Saturday evening after.

JOSEPH JACKSON sworn.

I heard of the robbery before, but I took Mr. Hill and Nicholson, they were both together in a court going down to the footman in waiting, in Charlotte-buildings, this was on the 8th of this month, between eleven and twelve.

Mr. Garrow. Your information I believe, was against Hill only? - Yes, it was.

Was that after the other fellow was in custody? - Yes.

Was it from him you had the information? - No.

You took Nicholson because he was in company with the other? - I did.

You knew Kendrick of old? - Yes, and I knew Hill too.

I did not ask you that.

- JONES sworn.

I know nothing more than the taking these two men, I was with Jackson.

THOMAS ISAACS sworn.

On the 28th of last month, I received

information that this gentleman's house was broke open, and I took Mrs. Moore she that was in the house, in consequence of my going in she said she thought it was very hard she should suffer for other people; and I asked her what she meant by that, and she said it was such people that did it; the next morning, she told the magistrate, and in consequence I took Kendrick.

- HUTCHINSON sworn.

I was sent for last Saturday was a week at night, by a party belonging to our patrol, I went down stairs, I went to the Black Dog, there were Hill and Nicholson together, Jones and I went to Nicholson's lodgings, and there was found a green coat, which the prosecutor believes the same coat that Hill had on the night the robbery was committed; there was a dirty shirt and a dirty handkerchief, and two or three of them things, but I only brought the coat.

JAMES MACMANUS sworn.

I only went to the pawnbroker's.

JOHN BAXTER sworn.

I am servant to Mr. Cordy, I have the handkerchief which was taken the 28th of September in the name of Jackson, I do not know the person that brought it.

Did you take it? - I do not know.

Where is your master? - He is at home.

Is that your practice to take in things without making any memorandum who takes them; how many people are there in your shop? - Three, two of us take in the things; there are so many persons we see in a day it is impossible to know one single person.

That I grant you, but you might put in a memorandum upon it? - Sometimes I take them in, and sometimes the other man, and if we are busy, we tell the boy to write the bill.

Court. The trade must be suppressed if it is carried on in that manner, it is making the pawnbrokers shops, a nursery for thieves? - Mr. Cordey sent me voluntarily to come.

Jackson. My Lord, I went to tell them to come voluntarily, or if not, I should take out a summons.

Court. It is very easy to make the initial letter of the person's name that takes in the things, then you would always know? - We lent eighteen pence upon the handkerchief.

Prisoner Hill. I leave it to my Counsel.

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

Prisoner Nicholson. I leave it all to my Counsel.

The prisoner Nicholson called eight witnesses who gave him a good character.

Prisoner Cadwell. I know very little about it.

The prisoner Cadwell called six witnesses who gave her a good character.

G. MARDEN alias F. HILL,

GUILTY Death .

WILLIAM NICHOLSON , MARGARET CADWELL ,

NOT GUILTY .

Court to Kendrick. I discharge you without any exhortation, because it will be thrown away, I have no hopes of you, I have no doubt but you will come to the gallows.

Reference Number: t17851019-15

923. WILL VANDEPUT , JAMES BEAMAN , FRANCIS STORER , and DANIEL EAST , were indicted for burglariously and feloniously breaking and entering the dwelling house of Lewis Teissier , Esq. about the hour of eight in the night, on the 3d day of September last, and burglariously stealing therein one bale, containing 160 lb. weight of silk, value 260 l. the property of Francis Bruisset and John Nichols Boishey , in the same dwelling house .

A second count, For burglariously breaking and entering the dwelling house of the said Lewis Teissier , and stealing a bale of silk, his property.

A third count, For stealing the said bale of silk, the property of Bruissett and Co. in the dwelling house of Lewis Teissier .

A fourth count, For stealing the same,

the property of Lewis Teissier , in his dwelling house.

A fifth count, For stealing the same, the property of Bruisset and Co. in a certain out-house belonging to the said Lewis Teissier , and belonging to his dwelling house.

A sixth count, Charging it to be the property of the said Lewis Teissier , in such out-house.

(The witnesses examined apart.)

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

JOHN CLOSE sworn.

I am one of Mr. Teissier's clerks, I remember locking up the warehouse, about twelve at noon on this Saturday, the 3d of September, I deposited the key in the compting house, which joins to the house in Broad-street, it is the other side of the house not within the yard, I did not go to the warehouse any more that day, as far as I know; there was no occasion to go there again that day, I went there between eight and nine the Sunday morning; my business for the day as to that warehouse was over at twelve: on Sunday morning between eight and nine, I found a bale of Piedmont silk was gone, marked B. B. C. No. 7, I cannot tell the weight of it, I suppose about one hundred and sixty or one hundred and seventy pounds; it was with Mr. Teissier before I came to him, the value I fancy is about two hundred and sixty pounds.

Whose property was it? - Francis Bruisset and Co. of Turin, I do not know the other partner's name, I believe it was consigned to Mr. Teissier, but I do not know it.

Mr. Morgan, one of the Prisoner's Counsel. Is twelve your usual time of locking the warehouse? - There is no usual time, sometimes I go in the afternoon, I hung the key up in the compting house, the place where it always hung.

Did you ever see the key afterwards, before you missed the bale of goods? - I did not look for it.

The compting house is open to the rest of the people belonging to it? - Yes.

There are a variety of people come into the compting house during the whole remainder of the day? - No.

PETER FRANCIS DESPOND sworn.

I am butler to Mr. Teissier, No. 22, in Old Broad-street, the warehouse is next to the Excise-office.

What is next on the otherside? - The Old South-sea House; on Saturday the 3d of September, I shut up the gates between six and seven, the ware-house doors were pulled quite close, I do not know whether it was locked or no, I shut the gate and double locked it, and I put the key in my pantry, and double locked the pantry, and put the key in my pocket, and went out; the key was in my pantry as I left it, when I came home between nine and ten, and the maid told me the warehouse door was open.

Mr. James, another of the prisoners councel. I take it for granted, there was nothing particular to induce you to look at the warehouse door this evening more than any other? - No.

You saw it was shut? - Yes.

Whether it was locked or no you cannot tell? - No.

LEWIS TEISSIER , Esq. sworn.

Describe the situation of your warehouse, and how it is connected with your house? - The warehouse is in a yard, of which the wall joins the Excise-office, it is the partition wall over the warehouse and my bed-room; there is a gateway from the street, separate from the door of the house, where the carriage part of my warehouse business is transacted, my parlour is part of the old South-sea House, and the rooms that are over that parlour are not mine, they are lodgings belonging to the South Sea-house, my two compting-houses run from that parlour likewise, making part of the South-sea House a door to the South-sea yard, and to that door people come through a gate in the South Sea-house; this, gate is common to me with Mr. Grindall; he has for a long series of years had recourse to that yard, and his coachman had a key; there is an access

to my warehouse door through my kitchen, but that is only relative to my family, there is no communication between any part of my house and the warehouse.

Court. How is this warehouse held? - It goes with the lease; there is a gate way as I have told you, and over that gateway there is a dressing-room which joins to this bedroom where I sleep, and all the rest of the house is drawing-rooms, and so on, which run into one another; I was out of town when this robbery was committed, I came to town on Monday morning, I had lost a bale of Piedmont silk, B.B.C.No.7, consigned to me from Messrs. Bruisset and Co. of Turin; it was sent to me to be disposed of with eleven other bales; it came to me for 200 weight of Turin, that is always delivered in here for 160 lb.

What might be the value of it? - From 260 l. to 270 l. this is my own-ware-house, nobody has any concern in it, and nobody has a right to go into it unless the people of my own house.

SOPHIA SOUTHTON sworn.

I am servant to Mr. Teissier; I went out on the 3d of September at a little better than half after seven at night, and returned a little after eight; when I returned I saw three men, one opposite the gateway, and one on each side of the street.

What gate do you mean? - The gate that goes into the yard where the warehouse is; the gate at that time was open; I saw the little door open, and I went and knocked at the door, and my fellow servant let me in with a light, I told her there were three men at the gate, and we looked and saw the warehouse-door open; I went to the Rose and Crown and got two porters; they looked all about and they saw nobody; we could not tell what was missing that night till Mr. Close come; the next morning he came and looked over the warehouse, and said there was a bale of silk gone; when I went out for the porters, I did not perceive any man, I ran out in a hurry, I did not take notice; it was not so dark when I came home first but I saw the men.

Should you know their persons again? - No, the two men at the gate appeared to me to be dressed in dark coloured cloth, and one a shortish man.

Mr. Morgan. Are you sure as to the time you came home? - Yes Sir, I heard the clock strike eight as I came up London Wall.

How far was that from your house? - Very near, I was at home in a very few minutes after; the clock struck eight when I got home.

SARAH BULL sworn.

I am one of the servants; I was at home this evening, I went out with a candle, when the last witness came in, I opened the door and she told me the little door belonging to the gate was open; she said there were two men at the gate and one opposite, I went out, and as I was going out to shut the gate, I saw the ware-house door open, that alarmed me much; we returned into the kitchen and locked the door, we went to the front window, and could see nobody, she went to the public-house and got some porters to see what was the matter; she came to the back door.

Is that a usual communication to the house, or do they go by Broad-street? - They come by the front door, because the little gate is always locked at dusk, that surprised me and made me ask who was there.

JOHN COLLINS sworn.

I am one of the porters, I watched in the warehouse all night, nothing happened that night, I examined the warehouse, when the butler came home we saw plainly the marks of the place where a bale was missing, I saw no person on that spot that night but Mr. Grindall's coachman; he was not there a great while.

What do you call a great while? - Perhaps he might be there ten minutes or a quarter of an hour, he might perhaps more.

Court. What time of night was it when you examined the warehouse with Mr. Teissier's butler? - I believe it was near ten.

( John Edwards called.)

Mr. Morgan. He is an accomplice

Court. Have you the record of any conviction against him?

Mr. Morgan. My objection is, that in a capital case like this, this man is an accomplice, and is so acknowledged, and has been stated to the Jury as an accomplice by Mr. Silvester in the opening, thefore, I apprehend your lordship will not examine him.

Court. An accomplice is by law a competent witness, the credit of his testimony is to go to the Jury, that is a rule of discretion that always prevails with Juries upon the ground of common sense, that that accomplice should not have credit unless his testimony is supported; I hold it the most satisfactory way to receive the testimony of the accomplice in the first instance, in order to introduce the circumstances that gave him credit; I can conceive thousands of circumstances that would not be evidence till the evidence of the accomplice is heard.

JOHN EDWARDS sworn.

I was coachman to Mr. Grindall, his coach-house was in the same yard with Mr. Teissier's warehouse.

State to his Lordship and Jury what conversations you have had with any of the prisoners at the bar, and what you have done in their company with respect to any of the property of Mr. Teissier? - The prisoner Storer came to me to my master's stables in Mr. Teissier's yard, about a month or six weeks before this robbery, and asked if all the buildings there were stables, I told him no, pointing to, or touching the ware-house of Mr. Teissier, he said, did I know what goods, I told him I thought it was silk and indigo, he told me then that it would be worth doing, as silk and indigo were very valuable articles; that was all that passed at that time; the prisoner James Beaman and him came to me afterwards, and told me if I would assist them in robbing Mr. Teissier's warehouse I should be a partaker of whatever was taken out of the said warehouse.

Which of them said that? - Francis Storer and Beaman both, they came together; in a little time after, the said Francis Storer and Dan. East came into the yard and asked me for the key of the gate, which I gave them, that might be four, five, or six days after, I will not be certain which; I gave them to Storer, he asked me if I could give him a piece of clay or wax, I told him I could not, he then picked up a turnip and cut it and laid a piece of writing paper on it, and took off the impression of the key upon the paper, and then said Dan. let us go away.

What did he do with the key? - He gave it to me again.

What did he do with this piece of paper? - He took it with him.

When did you see any of the prisoners again? - Some time after, about a fortnight, I saw Beaman and Storer; they came to me into the stable, and frequently took me to the cellar, under the excise office, to drink, but we never sat down there; they brought a key that opened the wicket gate; they desired me to unlock that lock, which I did; it went very hard; they came again, and brought a key, and asked me to draw Mr. Grindall's chariot before Mr. Teissier's warehouse door, and Beaman told me to draw the chariot before the warehouse door, that he might have an opportunity of taking the marks of the lock, that he might not be seen putting in the key to prevent suspicion as there was so many windows, I told him I could not think of doing any thing of the kind, as I never used to put it there; they went away again, and they came again; Beaman came again, and brought a key with wax upon it, and put it into the warehouse of Mr. Teissier's; he then tried it, and said, it was a very good lock, the wax took the impression of the wards of the lock; then he said it was a very good lock, and took the key, and all away with him; a little while afterwards they came to me, and desired to know when it would be best for the warehouse to be done, I told them on Saturday, by reason I should be out of town with my master, the day of the month I do not know; the warehouse was done

on the Saturday evening, I came home about nine; when I came home the alarm was given to me that Mr. Teissier's warehouse was broke open, I heard that at the Rose and Crown, where the key of my stable was left.

How soon after the Saturday evening did you see any of the prisoners at the bar? - The Sunday following, between nine and ten; then I saw James Beaman at the crown at Smithfield Bars; he at that time kept that house.

Were any of the others present at that time? - No.

What did he say? - Beaman said, when I went in, that he, with some others, had got into the warehouse of Mr. Teissiers, and had taken away one bale of silk.

Did he tell you where they went to? - - No.

Did he tell you how they went? - He said they took one bale of silk away in a coach, which they had provided for the same, and there were such and such men with them, it is not right for me to mention their names; and he said there was fourteen pounds five shillings and six-pence coming to me, which he paid me all in light money, which I objected to; he then said, if they did not go he would change them for me, I owed some of the money, and I paid some of it, and he changed me one of the guineas; he said they had done no more than one bale; they were prevented by a woman coming in at that wicket gate, and calling the coachman, and finding no coachman, she went to the back gate, and that disturbed them; and that woman saw three of them, and one of them in a white apron; I saw Beaman afterwards, he told me I was indebted to him two shillings and six pence for my share of lumbering the silk, nobody was present but him and his wife.

What is lumbering? - I do not know, he did not say.

Did he tell you what sort of silk it was? - No, he did not tell me where he went, he shewed me a double-barrelled pistol out of one of his pockets, and said, if any of the porters had come during the alarm he was ready for them.

Mr. James. What do you say your name is? - John Edwards .

Be so good as to favour me with some of the other names by which you have been called; what are your common nick names? - I used to have the name of Jubilee Jack , by wearing a little round hat; I never went by any other name but that.

Do you mean to swear that? - Yes, that I never went, only by that name, and the name of John Edwards , I will swear that.

I understand you say you have lived as coachman with Mr. Grindall? - Yes, about four months.

Where did you live before? - I drove the Shrewsbury coach before.

How long ago was it when you drove the Oxford coach? - I never drove the Oxford coach.

Do you remember driving any coach in which there was a little accident of a parcel being lost? - No.

Do you remember being in custody on charge of stealing a parcel? - No, never in my life; I defy all the world to say I ever was before a justice or a court; I never was in custody for stealing a parcel from any coach of which I was the driver, or of any other coach; I came from prison here, I cannot tell the day I went to prison, it was on a Thursday after the 3d of September, about a fortnight.

What is the reward which is given by act of parliament for the conviction of persons guilty of burglary? - I do not know.

Do you mean to swear that upon oath? - I do.

Will you swear that? - I will.

What! you never perhaps heard of such thing? - I never was in a court in my life, if I suffer along with the prisoners I will say nothing but what is truth.

Do you mean to say likewise that you do not know the reward that was advertised by Teissier? - Yes, I know that reward, but that is not to me, it is for apprehending and taking.

How did you know that such a reward was offered? - By seeing it in the Public Advertiser.

When was that? - Every day since the robbery was committed; I saw it the next morning after.

The reward is one hundred and fifty pounds on conviction, and two hundred pounds more if full information should be given to the satisfaction of the Jury; is that so? - I do not know.

Do not you know at this moment that a greater reward is to be given if a full plump round story is told than merely if you come to give evidence? - I will say no to that; I do not swear out of fee or reward; I do not swear to take the men's lives away for the reward.

Why did not you discover the robbery the next morning? - Because I was in danger of my life; I was afraid of being shot; I put it off six weeks, and told them I would have nothing to do with it till they forced me to do it; I was apprehended before I made any discovery.

What were you taken up for? - Upon suspicion of having been concerned in this robbery.

Then it was you gave the information you are reciting now? - Yes.

Upon your oath, did not you mention the commission of this robbery as a thing easy to be done by other persons besides the prisoners at the bar; mind the answer, and mind the question, if you do not answer that question, as I think you ought, I will give you a name to put you in recollection? - No, Sir, I never did.

You swear that you never have had any conversation about the commission of this robbery previous to the time of its being committed, except with the prisoners at the bar? - I never had.

Had you no conversation of that kind with a man of the name of Bray? - I had not.

You fixed on Saturday, as most convenient for effecting this robbery? - I did.

You say in your evidence, that one of the prisoners picked up a piece of turnip, and cut it, and put some writing paper upon it, and took the impression off the key, and then said, Dan let us go, did you see the impression? - I gave the key, and saw the impression taken of, I never looked at the paper.

How can you tell that any impression was made? - Because he looked, and said this will do.

Then you saw a piece of paper put on the turnip; you say that one of the prisoners demanded something for lumbering the goods? - Yes.

Do not you understand that term? - I do not.

You could not conceive what it meant? - I could not.

You did not give him the half-crown? - Yes, I did.

What, you gave him the half crown for lumbering without knowing what it was? - Yes, I did.

Court. Where did you make your information? - Before Justice Blackborough five days after I was committed, about seventeen days after the robbery.

Mr. Garrow. You was not the apprehender of any of these persons? - No.

JOHN SAY sworn.

I am a Hackney coachman, on the 3d of September, I was at the stand at Corn-hill, about a quarter after eight, I was hired by a man, I should know him I dare say.

Look about? - I cannot say I see the man here.

Look about you? - No, I do not see the man here as I know of.

Have you ever seen the man since? - No, Sir, never.

Did you ever see him before? - I cannot say, I may have seen many people before.

Did you never see the man that called you that night? - Never before or since, I was hired by a man, he took me to Broad-street, he went on the coach box, nobody was in the coach at that time.

What part of Broad-street? - The corner of a court, I cannot say I know the

name of the court, there is a fruiterer's shop at the corner.

How near is that to the Excise-office? - Close to it, almost opposite to it; when I had been there about two minutes, the man came to me, and ordered me down Winchester-street, I went down about four doors on the left hand, the man on the box went over the way to speak to two men that were standing by the Excise-office rails.

Is that near the gate-way? - The Excise-office gate is very nigh it, I stopped there on the left hand, and waited there about a quarter of an hour, I was feeding my horses and somebody came and put something into my off door, and shut up the door again, and the man that was on the box before got up again, and told me to drive down London-wall, down Coleman-street, up the Old Jury, down Queen-street, down Thames-street, then to Puddle-dock, to the White Bear.

Who keeps that house? - One Mr. Nodes.

When you came to the White Bear, what did you do? - The man got off the box and he opened the door, and I got off the box to let the man out with something that they had in the coach it seemed to be a bale of something, but I did not know what it was, I helped to carry it in, and the other two men, we had a glass of brandy in the bar, it was put in, and they ordered me to turn about, then two men came out and ordered me to drive into Widegate-alley, Bishopsgate-street, we stopped at the corner of Catherine Wheel-alley, and staid there about half an hour, then they came back to me in company with a third, they all got into the coach, then we went back to Nodes's, and I stopped at the door about a quarter of an hour, I went into the house, and I asked them if they were going to discharge me, they said no, they should want me again.

What were they doing in the house? - I cannot say, they were busy among themselves; these three men were by themselves, and another man in the back room with them.

What had they with them? - They had the bale withinside Mr. Nodes's bar, when they went in they asked me to lend them a knife, I told them yes; they cut the ropes and things, and threw them, as I think, into Mr. Nodes's bar.

What was in the bale? - I do not know, it was somewhat, they shewed it about, I cannot tell what it was, it appeared to me to be yellow, but I could not distinguish the colour, it being dark.

Was it this colour? - I cannot say, they had plenty of candles, but it is hard to discern such a colour at night-time, then they took a brown bag out of the coach, and put the contents of the bale into the bag, and put the bag into the coach again, and I carried them to Wentworth-street, Petticoat-lane.

Who went there? - Two people.

Only two? - Only two, then they took it out and went away, and told me to wait till they returned, they were gone, I suppose a quarter of an hour, when they came back they ordered me to drive to Mr. Nodes's, which I did, then they said, come in and take your fare, and I had a glass with them, I was there the value of ten minutes, and they gave me six shillings, and discharged me; the second time I was in the house ten minutes, and the first time when I gave them the knife to cut the package, I was seven or eight minutes; there were seven or eight people in the back room; I do not know any one of them.

Look about and see if you know them? - As I am upon my oath I do not know any body there.

JAMES NODES sworn.

I keep the White Bear in Thames-street.

Do you remember any persons coming to your house in a coach on the 3d of September in the evening? - Yes.

How many persons? - Three.

Look round and tell us which they are? They are all there one after another, Mr. Beaman came first, Vandeput and Storer came in at the front, John Say , the coachman, and East, came in at the side door; they brought in a large bundle, they put it

down on the outside of the bar, in about a quarter of an hour Beaman came in and joined company with them.

Did they take their bundle into the parlour with them? - No Sir, they left it at the outside of the bar, it was a large bundle as big as a sack, the package was a kind of package such as they pack cloth in, of coarse cloth, it was tied with a rope, they staid after Beaman came in some time, but Vandeput and Storer went away in the same coach; they were gone about half an hour; they came back and brought a person with them whose name is Farmer, and they went into the parlour; Beaman and the other continued there after the others came back, here was a skain of silk produced in that parlour which I heard them say was taken out of that bundle.

Court. Who said it came out of that bundle? - The four prisoners; it was of a yellowish colour to the best of my knowledge; it was candle-light, but something of that colour; I heard some conversation that Mr. Farmer had agreed to give half a guinea a pound for it.

What did they do after that? - Then they returned and cut the cords on the outside of the package, and put it in a large bag which they had in the coach, some of the cord they took away and some they left behind, and that they desired me to burn; there were three of them went away in the coach, Mr. Farmer followed the coach, and East went home a little in liquor; he did not go in the coach.

Have you any doubt in point of certainty that these are the men? - These are the men that were in my parlour, all four of them.

You, I believe, did not observe the marks on the package? - I did not, I afterwards saw some of the prisoners at Bridewell, that was Storer and East; they asked me if any thing had transpired, I said nothing that I knew of; they asked me who told me they were there, I said Mrs. Beaman, then came in a person that whispered them, and they told me the subject of that whisper was, that nothing could affect them.

Had you at any subsequent time any conversation with Beaman after this robbery was committed? - Yes.

What was that? - He shewed me two picklock keys that he said did the business; they were large keys, as big as street-door keys.

Mr. Morgan. Where did you come from just now? - Out of the room just by.

That will not answer my question; where have you resided now, for a few days before you came here to-day? - In New Prison; I have been there almost a month.

Perhaps on this account? - Yes, I fancy so.

Where is your home that you have now? - At Puddle Dock; I lived there about two months; I kept the Gentleman and Porter in Ball-lane, Spital-fields.

There are no thieves thereabouts? - That was the reason I left it.

What! because it was an honest neighbourhood? - Because it was not; I lived there about a year and three months.

You had not the good luck to be prosecuted during the time you lived there for harbouring thieves? - I never had a word said to me; I always kept the house quite clear before that; I kept the Little Lion in the Borough; I never was inside this place before in my lifetime.

I am very sorry you was not here a long time ago; when they brought this bale and put it down, did you know them before that time? - Yes.

Was either of them in the silk way? - I knew but very few in the silk way.

Did any of the prisoners deal in silk? - - Not that I know of; I have seen them all before, but not often.

Did not you know that not one of them had anything to do with silk? - Not before it was brought to my house; I did not know anything of any of their businesses.

Now, you have been telling us about the ropes, and the outward case being cut, who cut them? - I did not cut them.

Who did? - The prisoners.

All four? - No, not all four.

What did they desire you to do with the case and the ropes? - To burn them.

What was done with them? - They were burnt.

Did you see them burnt? - I saw them while they were burning.

Who put them on the fire? - My wife, I was backwards and forwards.

Why did you suppose they desired the case and the ropes to be burnt? - Because I did not believe they were come honestly by.

Court. How many times before this had you seen these men? - I had seen them three or four times at this house to drink a pint of beer, and I had seen them at the other house, but not lately; I had been out of the other house three months, I know all their persons, I am not mistaken, I know them all particularly well.

ANN NODES sworn.

I am wife of the last witness, on the 3d of September, the prisoner, the man on the right hand, and one that stands there, came in first, and the tall one Beaman came in afterwards, they came in with the coachman John Say , they brought in a bundle, and put it on the outside of the bar, it was marked B. B. C. in a round ring, two B's at the top, and a C. at bottom.

Was it in that form? - Yes, they called for some brandy and water, and went into the parlour, and Mr. Beaman came after and joined company with them, then they unpacked it, and put the contents of it into a brown bag, I was in the bar and saw them do it, and they took it away in a coach.

Are you sure these are the men? - I am sure as to their persons.

Mr. James. I suppose you have a perfect recollection of all that passed? - No, Sir, I did not hear all that passed, I was in the bar, they did cut the ropes the outside of the bar, and put it into a brown bag.

Did you see anything likewise of the burning of the bands? - They left them behind, I burnt them, they were of no use, I could not cut off the knots.

Was that the only reason why you burnt them? - Yes.

Now, pause a little, recollect, if you mean to say so seriously upon your oath? - Yes.

You mean to swear that? - Yes.

Did you do it of your own accord, or had you any directions for doing it? - They said they were good for nothing.

Did they say any thing else? - They did not desire they should be burnt, as I recollect.

Had you any conversation with your husband on the subject? - None at all.

Did he happen to see the burning of the bands? - Yes, after they were flung on the fire; he did not say any thing to it, he did not think they were of any consequence.

Therefore you burnt them as you would do any other cords? - Yes.

No other reason upon the face of the earth? - Certainly not.

RACHEL POULTNEY sworn.

I am servant to Mr. and Mrs. Nodes at the White Bear; I remember some persons came there on Saturday the 3d of September in a coach, one was Frank Storer , and the coachman Say came in with them, and two more came in at the fore door, and the coachman and Storer at the other; they brought a parcel like a package.

Was it tied with any thing? - Yes.

How was it tied? - With a cord across and across.

Where did they put it? - The backside of my Mistress's bar.

Did any body else come afterwards? - James Beaman came afterwards and another came in.

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

Reference Number: t17851019-15

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 19th of OCTOBER, 1785, and the following Days;

Being the EIGHTH 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 VIII. 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 W. Vandeput, J. Beaman, F. Storer, & D. East.

What part of the house were they in? - The parlour; my master and mistress served them, I did not; I saw a kind of stain of silk like orange colour, that came out of that package.

Was it like this? - Yes.

What did they do with this package as you call it? - They cut off the outside package and the ropes.

What became of them? - I do not know.

What became of the inside? - They took a brown bag out of the coach and put the bundle into it, then they put it into the coach, and the coachman went away.

Mr. Morgan. Did you go to the coach with them? - No.

You staid in the tap-room? - Yes, to wait on the customers, I did not go out with the men when they took the bag, nor when they fetched the bag.

Then how came you to say that they took it out of a coach? - Because the tap-room door stood open and I saw them take it out.

What covering was it in? - Straw colour.

A piece of cloth? - Yes, pretty large.

Was it matting or cloth? - It was like a mat.

It would not do to put down at your street door to wipe your feet on? - It was not such as that, my mistress said she burnt it.

Did you hear any thing said about burning? - No, my mistress told me she burnt the large outward wrapper as well as the bands; I do not know the names of all the prisoners, I know the name that one is called by, but I do not know that it is his name, his name is Frank Storer , I know all their persons if I see them.

But you do not know their names? - No.

Mr. Garrow. Look round and see if the men are here? - They are the four men that stand there.

Are you sure of it? - Yes Sir, upon my sacrament oath; I lived with my master and mistress before he came there; I lived above half a year at the Gentleman and Porter, I saw these men three or four times before.

Where? - Two of them two or three times at this house, and two or three at the other; at this house I saw East and Vandeput.

Have you seen them often enough to know their faces? - Yes, my Lord, I have.

JOHN LUCY sworn.

I am the constable of Clerkenwell, I apprehended, the 15th of September last, Daniel East and Francis Storer , at Clerkenwell Close, they were together in the street on the 24th of the same month, I went to Mr. Beaman's house, I searched for him, and I found he was not at home, and on his bed's head I found this pistol loaded, double barrelled, it was loaded with these balls, it was upon a ledge behind the bed's head.

In what room? - In the bed-chamber one pair of stairs, front room; on the 26th of the same month, on information, I went with four other officers to Narrow street, Lime-house, on information that Beaman and Vandeput were there, we waited there about two hours, and we secured Beaman, Vandeput made his escape, I saw him coming up to the door, but as soon as he saw us he made his escape, the other officers pursued him and brought him back to the public house, that is all I know; there was some conversation in the coach about the pistol that I found, Mr. Beaman, begged that I would not produce it in evidence against him before the Magistrate, he thought it woud aggravate the offence, and he and Vandeput said they had shipped themselves on board to go to America, and were to go off that night.

Mr. Silvester. We have done.

Court. William Vandeput , you have heard the charge against you, and what the witnesses have sworn, this is the proper time for you to make your defence.

Prisoner Vandeput. I know nothing at all about the matter, I am totally innocent, and it is for the sake of the very great reward they want to take away my life; I am a seafaring man; I belonged to a ship at the time.

Do you mean to say that you was not at Nodes's house? - I was not at Nodes's house, nor know any thing at all about it, nor know not where his home is.

Have you any witnesses? - No, my Lord, I have no witnesses; I have nobody in England belonging to me.

You must have some place where you lodge; you must have some connections? - I lodge in Wapping; all the witnesses I can give is to myself; I have no witnesses; I am a seafaring man; I can bring nobody to my abilities at all.

You must have been employed in the ship? - I belonged to the Fair American that then lay in Limehouse Hole when I was taken, and the ship wore down the same day I was taken; and to bring a parcel of people out of the house where nobody but sailors and girls live, would be of no use.

Court to Prisoner. Daniel East , what do you say of yourself? - I have a person here that knows Mr. Nodes very well, and knows I was on board the General Carter, and cast away; I have been three times to Gibraltar; I worked at my business since.

JAMES BEAMAN 's DEFENCE.

I am intirely innocent; at the time he apprehended me he told me he had taken this pistol; I am a gunsmith; I told him he might produce it, for it was brought to me to have a key made to it to screw and unscrew the barrels, but I have nobody to prove it, nor can I find that person that brought it; he has been once at my house, but my not being there he went away; I was not at Nodes's that night, being the first night of Bartholomew Fair , I was at home, I want to call Mr. Pitt, Mr. Akerman's servant, who knows this coachman.

Mr. Morgan. I wish you would be easy, and leave it to your councel.

Court. Your councel do not think that witness will be of any service to you, but if you wish to have him called I will not hinder you, but as you have put yourself into the hands of councel you will judge whether you should follow his advice or not? - To be sure I must.

PRISONER STORER's DEFENCE.

I am intirely innocent; I know nothing about it.

Have you any witness to call? - No, my Lord.

ALL FOUR GUILTY , Death .

Tried by the first London Jury before Mr. Baron EYRE .

Reference Number: t17851019-16

924. ROBERT RICHARDSON was indicted for feloniously stealing, on the 4th of October , one pair of ash oars, value 10 s. the property of Richard Roberts .

(The case opened by Mr. Litchfield)

JACOB SELBY sworn.

I am a waterman belonging to the Custom-house, to the inspectors on that day, on Saturday evening I locked the door, and made it fast, it was last Saturday was four weeks, it might be the 17th of September; it was about eight when I left the skiff, on the Monday following I found that some oars had been lost between ten and eleven.

What oars were missing? - Oars marked one and two; on Monday morning I missed the oars, and I enquired at several pair of stairs for them; they were fastened to the boat by a chain, and I pulled at the lock to see if it was fast.

Whose boat was this? - Mr. Roberts's.

Mr. Garrow, Prisoner's Counsel. And if you lose any, you are answerable to Mr. Roberts for his oars? - Not that I know of.

Do you know the young man? - I do not.

WILLIAM WALL sworn.

I came from Blackwall on Saturday evening about seven or eight o'clock, on the Monday morning I was told they were lost, I wrote a paper to Mr. Cole, and they were found.

WILLIAM COLE sworn.

I am a constable; about three weeks ago I went to the prisoner's, there I found a pair of oars.

Did you go to search for these oars? - Not particularly for them.

How came you to take them? - I had them described; I found them in the prisoner's yard; there is a sort of pent-house goes over them; the house is in a place called Brewer's Yard, Shadwell, about forty yards off the river; these are the oars that I found there; they were at the top of the pent-house; they were put over the necessary, the broad arrow is plain upon them; they laid as all watermen lay their oars; not covered at all; I found them on the 4th of October; but I had information from Mr. Wall three or four days before.

You went there and he was sent for? - Yes.

Was he sent for or not? - I cannot say.

Who came back with him? - I cannot say.

Did not you see the little girl that assists in the family come back with him? - I do not recollect it.

Mr. Roberts's name I see now is upon these cars, burnt in? - Yes.

He is one of the greatest boat builders in town? - I believe he is.

To Selby. Are these the oars that you left in the house that night? - Yes.

Jury. Were they in the same state when they were lost as they now are? - There was none of this plaining then.

Is the plaining over the name? - Yes.

(The oars deposed to by Mr. Roberts.)

Mr Garrow. Now as to that mark at the further end of the oars may it not have been worked out? - No Sir, it is plained out.

Cole. He said he found these oars in the river, and brought them home.

Did he not say he expected them to be advertised? - No.

Did not the prisoner say at the Justice's that he had a witness that saw him pick them up? - I did not hear that, I heard the Justice say, if he had any witnesses for his defence they were to come for that to another court, but I did not see any witness there.

PRISONER's DEFENCE.

I had a fare about five at King James's Stairs up to Billingsgate, I went over to Horsleydown, and between Wapping Old Stairs and Union-stairs, a man called sculler, and these oars lay, I picked them up and carried them home; at my third hearing I found this man who was then just going to the West Indies, and I told the Justice so.

What is the man's name that saw you pick them up? - He is a foreigner and belongs to Norway, I do not know his name, it was a very odd name, he is gone to the West Indies in a ship named the Hope;

when the girl came and fetched me, she said that four runners wanted me, I came home directly, they asked me whose these oars were, I told them they were mine till I got an owner, says he, I have got an owner, and I will send you away for this.

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

GUILTY .

To be confined six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-17

926. JOSEPH BOLOUS was indicted for feloniously stealing, on the 24th of September last, two mens cloth coats, value 30 s. one silk waistcoat; value 8 s. one cotton waistcoat, value 4 s. one pair of black silk breeches, value 4 s. one pair of casimere breeches, value 7 s. four linen shirts, value 15 s. three pair of silk stockings, value 20 s. three pair of woollen blankets, value 20 s. one silver watch, value 40 s. one pair of stone knee buckles, one gold enamelled ring, value 15 s. one gold enamelled shirt buckle, value 8 s. one deal box, value 18 d. the property of John Adams .

JOHN ADAMS sworn.

I came to town on the 24th of September, in the Norwich coach, to the Swan with Two Necks in Lad-lane ; the first time I saw the prisoner was in the yard, plying as porter; I had a box and a parcel, which I took from the coach, and the prisoner and another man wanted to carry it to the Castle and Falcon in Dowgate-street; they began to hand it, I desired them to let it alone; I immediately took it to the gate of the inn, there stood a hackney coach, he said he was hired, I asked him to take care, and look at my box while I went and called another coach, and he said he would, and I went away to call another coach, and I had not gone a hundred yards till I saw another coach, which came, and when I returned back the box was gone; the prisoner was upon the spot when I left the box, within three yards, I called a hackney coach, and came back, the box was not two minutes out of my sight; I asked the hackney coachman where the box was, he said it was gone; two fellows had run away with it; I was rather flurried, and I was directed by a milk woman to go to Aldermanbury; a man said the box and the man were in custody; I went within a quarter of an hour and found the box and the prisoner in Queen's Court, Basinghall-street.

Prisoner. Whereabouts did you see me and the other man in the yard? - Opposite the Compting-house door, the office-door, where they transact the business for the coaches.

ELIZABETH FREELAND sworn.

I keep the White Bear Tap in Queen's Court; the prisoner came in, and called for a pint of beer, he had the box and parcel in his arm, and put it down upon a chest in the yard, nobody was with him, and my husband came in, and he asked him to drink, he gave the pint of beer into his hand, and set off without paying for the beer, or taking any care of the parcel, he looking down the court, saw a few people gathered together at the bottom of the court, a young man came up, and enquired after him, and he was taken; this is the same man that brought the box and parcel in, I saw him pitch it down, it was in less than ten minutes.

Prisoner. I was in the house, I do not remember seeing the gentlewoman.

WILLIAM FREELAND sworn.

I saw the box in the yard, and the prisoner by it; I saw him came into the tap, and he asked me to drink, and he went directly down the court, and he went into Fore-street, and in less than a minute a young gentleman that is here now came running in, and told me, and we pursued him, and took him; when we took him I said young man, you have not paid for your pint of beer, and he said he had had no

beer there; I am quite sure it is she same man.

JOSEPH HUNT sworn.

I was coming down Aldermanbury, and asked what was the matter, and I pursued too, and in Basinghall-street I took him.

JAMES PRIOR sworn.

I saw a concourse of people assembled together, and asked them what was the matter, and they told me that was the man that had stolen a box and parcel from the Swan with Two Necks; I took the prisoner into custody, and the moment the owner came he said, that is the man that stole my box and parcel; says I, should you know your box and parcel again if you saw it, he said yes; he told me the contents.

Prosecutor. This watch was in the box; here is the gold ring, I know it by the maker's name, I do not know the number; I know the knee buckles, and I know my clothes and every thing perfectly well; my linen and stockings were all marked; I know the box and the things.

PRISONER's DEFENCE.

If you will believe the word of a man, I never was at the gateway at all, I was going towards Moorfields, and a man asked me to carry this box to Basinghall-street, and he would give me a pint of beer and six-pence, he bid me go into the public house, and he would go and fetch a coach, I went there, and nobody came; I had no money to pay for the beer; I went and left the box, and they came after me, and took me.

GUILTY .

To be transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-18

927. JOHN ALLISON was indicted for feloniously stealing on the 28th day of September last, one double rimmed bridle, with two bits, plated with silver, value 10 s. the property of Vincent Newton ; Esq ; privily in the stable of John Fidler .

HENRY WHEELER sworn.

I sent Thomas Smith up to Mr. Calvert's with the horse, the saddle and bridle were in the stable of Mr. Fidler, they were the property of Mr. Newton, it hung in the stable, facing the gate, I saw it in the stable in the afternoon about two o'clock, it was missed about half an hour after, I believe.

How long was it before it was found? - About an hour, it was found at Justice Walker's, I was sent for and saw the bridle there.

EDWARD TREDWAY sworn.

I saw the prisoner running across Red-lyon-square as fast as he could, with the bridle in his hand; Mr. Hector was with me, and we both ran after him and overtook him in King's-gate-street, Holborn; I asked him where he got that; I saw a crest upon it; he said he had brought it of a man that goes to the Haymarket, and sometimes to Smithfield; I said, can you shew me the man; he hesitated a little, then says I, you must go with me to the roundhouse; he said, you know me, take my word and I will appear at night; I told him I would not: and we went and enquired for the owner, and Mr. Wheeler came up to Mr. Walker's and brought the bridle.

What became of the bridle at the time? - I took it from the prisoner, I gave it to Mr. Hector.

JAMES HECTOR sworn.

I was with the last witness when this happened; I have nothing more to say than what he has said; I overtook the prisoner with the bridle, I have had it in my possession ever since.

THOMAS SMITH sworn.

I saw the prisoner go down the yard and come up again, and never spoke to anybody, it was in the middle of the day, but I cannot rightly tell the hour, as near as I can tell it was between one and two; I did not see the prisoner go into any stable, I did

not perceive he had anything in his hand, the bridle was missed soon after; I went up and I happened to hear of this; the prisoner went directly as if he was going to the stable to speak to somebody, I never saw him before, but by his thickness and his cott, and everything he is the same man; there were fourteen or fifteen saddles in that stable, nobody was in the stable.

Court to Wheeler. What day was this? - Wednesday.

You went up to Mr. Walker's - Yes.

You did not see anything of this man before? - No.

Where was you when this bridle was lost? - Gone up to Mr. Lechmere's with his horse and chaise, there was nobody in the stable, I live over the stable myself.

(The bridle deposed to having the crest.)

PRISONER's DEFENCE.

As I was coming up Hog-lane, Shoreditch, I met a young man who dealt in bridles, and I bought this of him, his name is Jack Williams : my witnesses are gone home.

GUILTY, To the value of 4 s. 10 d.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-19

928. WILLIAM HICKS was indicted for feloniously stealing, on the 5th day of October , one silk handkerchief, value 2 s. the property of James Croft , Esq.

JAMES CROFT , Esq; sworn.

On the 5th of October, going along Tower-street , I felt a man at my pocket, I saw my handkerchief fall, and my coachman picked it up.

PETER MARSHAL sworn.

My master missed his handkerchief on the 5th of October, I took the prisoner, and the handkerchief dropped from his apron, as my master was getting into his coach.

(The handkerchief produced.)

PRISONER's DEFENCE.

I picked up the handkerchief at the coach wheel.

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-20

929. JONATHAN HOPKINSON was indicted for that he not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 9th day of August last, with force and arms violently and feloniously did make an assault in and upon one Ann Chambers , spinster ; and then and there violently and feloniously against the will of the said Ann, her the said Ann did feloniously ravish, and carnally know, against the statute .

Ann Chambers , Isabell ambers, and Mary Chambers , were called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-21

930. SAMUEL SEYMOUR was indicted for feloniously stealing on the 8th day of October , half a pound weight of loose tobacco, value 8 d. the property of James Strachan , James Mackenzie , and John Also .

ALEXANDER GLENNE sworn.

I was landing tobacco of the prosecutors on the 8th of October, and I saw him take some tobacco from one of the hogsheads, while he was supporting it as a porter,

I found about half a pound upon him, he said it was the first offence, and hoped they would excuse him.

Prisoner. I found it upon the ground.

Court. Can you speak with certainty to the prisoner's taking it? - I think I saw him take it, it was a small quantity.

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

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-22

931. MARGARET THOMPSON was indicted for feloniously stealing on the 27th day of September last, three quart pewter pots, value 4 s. one pint pewter pot, value 1 s. the property of John Hoskins .

The parties called upon their recognizance and not appearing the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-23

932. JOHN BARLOW was indicted for feloniously stealing, on the 10th day of October , twenty-eight yards of baize flannel, value 20 s. the property of William Bennett .

The prisoner was taken with the flannel upon him, it stood on the steps at the door, there were two pieces on the other side of the door.

Prisoner. I found it on the ground.

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

GUILTY .

Whipped .

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

Reference Number: t17851019-24

933. JAMES GRAHAM was indicted for feloniously stealing on the 24th day of September last, two cloth coats, value 6 s. one cloth surtout coat, value 4 s. one pair of breeches, value 10 d. one pair of nankeen ditto, value 12 d. one pair of leather shoes, value 12 d. one other leather shoe, value 3 d. a leather pocket book, value 12 d. the property of John M'Dougle .

JOHN M'DOUGLE sworn.

I live in East Smithfield , I know the prisoner, I did not know him before the robbery, I deal in second hand clothes , I was coming home the 24th of September, I had a pint of beer, and I met with the prisoner, I said to my wife we will go home and go to bed, that was between nine and ten; says the prisoner, God help me, I have no where to go to, I have travelled from Liverpool, I have not a halfpenny to pay for a bed; says my wife, let him go home and lay with us; mine is a private house, he went home with us and we put some clothes over him, he seemed to be asleep, I locked the door, and put the key on my bureau-bedstead, and there it was in the morning, my wife went to bed; in the middle of the night he drew the staple and got the bolt undone, when I waked he was gone, and he took the things mentioned in the indictment, I found the things at a woman's house who dealt in such things, and she returned part of the things, but I have not got the surtout nor the shoes, I am sure they are mine, I took the prisoner in Ragfair, my wife was here last night, but going home she had a little dispute with a woman, and they were both put into Wood-street Compter.

Court. Make an order for her to be brought.

Mrs. M'DOUGLE sworn.

The prosecutor's wife confirmed his evidence.

(The things deposed to.)

Ann Chambers called, and not appearing, her recognizance was ordered to be estreated.

PRISONER's DEFENCE.

The prosecutor saw me in a public-house, and I told him I was cast away in Liverpool and he took me to his house, whilst sitting in the box, this woman said, I think I know your face, I said, you may have seen me in many parts of the world, she said she had been a bomboat woman at Portsmouth, and I recollected her, I told her I was to receive some prize-money on Friday, and she said, I will help you as far as I can, and she gave me these clothes, and charged me on the peril of my life not to tell her husband.

Court to Prosecutor. Did he tell this story before the Justice? - At the second hearing he did.

Is this story true? - It is all false.

GUILTY .

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

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

Reference Number: t17851019-25

934. THOMAS BRADFORD was indicted for feloniously stealing on the 21st day of September last, one small horn cup, value 1 d. three sixpences, value 18 d. the property of John Richardson .

ESTER STEWARD sworn.

I live at Mr. Richardson's at Islington , he keeps a chandler's shop , on Wednesday the 21st of September the prisoner came into our shop between nine and ten in the morning for change for a shilling, I said, I believed I could give him change, I went to the till and I missed some silver, and I told him he had it, and he said he had not, and I told him nobody else had been there and he must have it; he said there was a young man at the door who saw him come in, and he went to the door to speak to the young man as I thought, and he threw away a horn cup out of the street-door, I saw him throw it away, a horn cup what the companies drink wine out of on the Lord Mayor's day, this cup stood in the till, I went and picked up the cup, he stopped about, and said he would not go away unless I would give him the shilling again, he went a little way but he was not out of my sight a minute, I told him I would not give him the shilling because I knew he had eighteen pence of mine, a gentleman coming by enquired what was the matter, and he gave charge of the prisoner and the other man, and he was taken to Mr. Cogan's at Islington, and three sixpences were found upon him, one of the sixpences was a very particular one and I could swear to it, when the prisoner came first I was gone down stairs, and when I came up again I found him in the shop with his left hand in his breeches pocket, and I could see the print of the horn through his breeches pocket, the till was withinside the counter, and he was on the outside when I saw him, I can swear to the horn cup.

JAMES BROWN sworn.

I searched the prisoner before Justice Cogan, I found one sixpence, which fell out of the knot of his handkerchief on his neck, it laid there, I immediately searched his breeches before the Magistrate and found thirteen pence three farthings in copper, and one sixpence in one pocket, in the other pocket I found four or five shillings and another sixpence.

(One sixpence deposed to, being very much battered.)

PRISONER's DEFENCE.

I was going along, I went in to get change for a shilling, and a little girl went in along with me, the gentleman came up and said I took the cup out of the till, I said I had not, and she bid me go and I would not without the shilling, I am a weaver.

Where do your friends live? - In Old-street, they are here.

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

GUILTY Of stealing the cup, value one penny .

Court. If the prisoner's friends will undertake to take care of him, order him to be privately whipped and discharged: the Jury being inclined to shew him favour, I will follow their example.

Tried by the second Middlesex Jury, before Mr. Baron EYRE .

Reference Number: t17851019-26

935. MARY GOUTERY was indicted for feloniously stealing on the 8th of October , two silver tea spoons, value 4 s. the property of Thomas White .

MARTHA WHITE sworn.

I am wife to Thomas White , I lost two silver tea-spoons on Saturday the 8th of this month out of the bar, my husband keeps a public-house , the prisoner used our house frequently for a pint of beer, I had not been gone out five minutes, and I turned back and heard the spoons gingle in her stays, and I took them out.

(Produced and deposed to.)

JOSEPH HALL sworn.

I have had charge of the spoons.

PRISONER's DEFENCE.

I picked them up.

Prosecutrix. They were in a corner cupboard.

GUILTY ,

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

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

Reference Number: t17851019-27

936. ELIZABETH SHAW was indicted for feloniously stealing, on the 8th of October , one silver watch, value 10 s. the property of Richard Keene .

HANNAH KEENE sworn.

I lost my husband's watch off the chimney piece, I live in Whitechapel , it was the lower part of the house, the prisoner c ame in about a quarter before eleven, for a couple of rabits, I told her she might have them for what I knew, but when my husband came home, I would let her know, she gave me a shilling, and insisted upon my fetching her a dram, and while I was gone, she went, and the watch was gone, she did not stay for her change; I am sure the watch was there when I went out it hung up, I looked just before to see what it was o'clock, I never got it again; the pawnbroker is here, where she went to pawn it.

Did you know the woman? - I never saw her but twice before.

Did you know her name at that time? - Not till after.

How did you find her again? - She had been wandering about, and she had pawned some things of her ready furnished lodgings, and she wanted to take them out, she was taken up about three that afternoon at the Black Horse, in Lemon-street.

WILLIAM TAYLOR sworn.

I live in Ayliff-street, Goodman's-fields, the prisoner offered a watch to pledge to the best of my knowledge, last Saturday was se'nnight a little before twelve, it was a silver watch, I took it into my hand, and gave it her back again directly, I did not examine it, I did not give her any answer I told her I would not take it in of her.

PRISONER's DEFENCE.

I went to buy a couple of rabbits the person I was looking after was sick, the prosecutrix was cleaning some pigs chitterlins, I gave her a shilling, I came out of her room, and she locked her room door, I went out of the alley for some whiting and some sand, going up Whitechapel, I pawned the watch with Mr. Taylor, which was my own watch, it was at nine in the morning and this woman, did not lose her's till eleven, I went with it and run back again, I was coming for my change and a kidnapping man that kidnaps soldiers, took me in the afternoon, and they used me extremely ill, I did not think I should

be tried to day, Mr. Taylor knows it was at nine.

Court to Prosecutrix. Did you lock your door when you went out? - I locked my door, and left my key in.

Where was she? - She was in the other room next the passage where the rabbits were.

Prisoner. I went out with her.

Prosecutrix. She did not.

NOT GUILTY .

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

Reference Number: t17851019-28

937. JAMES WORTHY was indict- for feloniously stealing, on the 24th of September last, five silk handkerchiefs, value 20 s. the property of Richard Richards .

BARBARA RICHARDS sworn.

I keep a small shop, some chandlery, some stockings, and some handkerchiefs, on the 24th of September I lost five handkerchiefs from a show board in my shop, I was sitting in a back room behind the shop, somebody called stop thief, and the prisoner was stopped and brought back in two minutes with five silk handkerchiefs in his bosom, they were mine.

CHARLES BROWN sworn.

I took the prisoner with the handkerchiefs.

(Produced and deposed to.)

PRISONER's DEFENCE.

I picked up the handkerchiefs in a piece of paper, I am a sailor, I have no friends within fifty miles.

GUILTY .

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

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

Reference Number: t17851019-29

938. MATTHEW MAXWELL was indicted for feloniously stealing, on the 30th day of December, 1783 , two dimity waistcoats, value 7 s. one silk waistcoat, value 7 s. the property of Charles Rodden .

CHARLES RODDEN sworn.

I keep the King's Head public house in Saint James's-street , I have known the prisoner for about two years and a half, he lodged in my house; he is a hair dresser ; in December, 1783, towards the latter end of the month, I lost the things mentioned in the indictment from a room where the prisoner lodged; they were taken out of a chest of drawers.

Was it locked? - I cannot be particular, I wore the sattin waistcoat, which I have since found, on the Sunday before; the prisoner had been breeding a disturbance, and I went to look at my clothes, and three waistcoats were missing; I did not see them put there; in the evening, when the two young men came from work, that is, the prisoner and another that lodged with him, my wife enquired about the waistcoats, he said he knew nothing of them, my wife then told him that we could suspect no other person but one of them two, and we begged them to get another lodging; the other young man went away, and sometime in the week following the prisoner took another lodging; I forbid him the house, and he did not come there for some months, about six weeks after that a gentleman that is present wore one of my waistcoats in my house; my wife first saw it, and said it was very much like my waistcoat, and the gentleman was very angry, and soon after left the house; it had some gold edging put round it after it went from me; about six weeks ago I saw the waistcoat again on this gentleman's back at my house that I now live in, in Dean-street, Fetter-lane; upon this we suspected the prisoner; this gentleman's name is Egan; I met him again in Sydney's Alley; I saw him have the waistcoat on; I asked him to drink a pint of beer; says I, George, you have used me very ill; you have worn that waistcoat out; that is mine, he said I do not know it was yours,

but it was some time after I had it he said that the prisoner gave him the duplicate; he went and took it out of pawn, then I thought it was not safe for me to mention it in the street with him, for fear he should go out, and I went to Mr. Hyde's, which is just by, and brought an officer to take Egan up, then he swore Maxwell gave him the duplicate; the waistcoat had been scoured, there was a mark in it, but the mark is gone, here has been a mark put in it since, that is, K. J.

Prisoner. Why did not you detect this waistcoat when you first saw it? - Because there was some gold lace upon it, and I was not sure of it; since I have seen it a second time I have been informed of it, there was one Conner who lodges in the garret, and Egan swore before the Justice that he asked the prisoner how he came to let him have a waistcoat that he did not come honestly by, and the prisoner told him he had the duplicate from Conner.

How do you know that is your waistcoat? - There was a mark in it, but it is now out.

Jury. There is no mark in it, it is a common pattern.

Prosecutor. It was marked with an R. with common ink, with a pen.

Court. Then that would not wash out without leaving an iron mould.

GEORGE EGAN sworn.

I am a gentleman's servant, the last gentleman I lived with was Sir Richard King , I am now out of place, I have left him about three months about December, 1783, I was one day at dinner at the gate in Stafford-street, where the prisoner was, and the prisoner came out of doors; it was a very wet day; his foot slipped, he fell down, and dirtied himself very much, I took him home with me, and I sent him some clean clothes to put on, he was so very dirty.

Did you live with any body then? - I did not, he slept at my lodgings that night, the next morning, when he was going to put on his clothes, he told me, if I would accept a duplicate of a silk waistcoat he had in pawn he would make me a present of it, he gave me the duplicate; it was three months after before the waistcoat was taken out of pawn, then I took it out, as near as I can recollect, it came to seven shillings; it was not a new waistcoat; it was a very good one; there was a taylor with me when I took it out of pawn, and I happened to have some gold binding by me, and I had it put round to make it look smarter; about six weeks after I went to the prosecutor's house in Saint James's-street; Mrs. Rodden came into the parlour where I was, and said, that waistcoat looks very much like one my husband had stolen from him; I found myself somewhat confounded, and I told her she behaved very rude; and the first time I met the prisoner afterwards I asked where he got that waistcoat that he had given me the duplicate of.

What name was it pawned in? - I do not recollect.

How came you to keep the duplicate so long? - I was out of place, and it was not convenient to me to take it out of pawn before.

Jury. When the waistcoat was challenged, did they say there was a mark? - No, nor I never observed any mark upon it; the prisoner said he had the duplicate of a young man that is here, whose name is Conner, and I will venture to say there never was a mark on this waistcoat in this world with ink; I had the waistcoat, and wore it, and went into the prosecutor's house, I dare say forty times, with the waistcoat on, and they never claimed it; after that, I may say with truth, I have been there an hundred times.

Was your coat open? - Yes, twenty times, an hundred times; after his wife said it was like his, she came afterwards and asked my pardon, she said the ground of it was a lighter green than that which her husband had lost.

Was the husband by at the time? - Yes, I heard nothing transpire concerning the waistcoat for a year and an half; but about five weeks ago I went into the prosecutor's house again, the waistcoat had got greasy, and the lace was tarnished; I took it off and had had it scowered, when I went in this time the prosecutor's wife said it was very

much like her husband's: I said I had the duplicate, I took it out of pawn: I met the prosecutor in Sydney's alley, and I had the waistcoat on, and he asked me to have a pint of porter; he said George you use me extremely ill concerning the waistcoat; says I, I had the duplicate of the waistcoat of Maxwell; he wanted somebody to fetch a peace officer; I said I would go to any Justice he thought proper; he left me in the house, and went down to Justice Hyde's; Justice Hyde gave an order for apprehending the prisoner, I went with a peace officer, and the prisoner was taking a glass of punch with some friends, where they had a dinner; I asked the prisoner if he recollected giving me a duplicate of a waistcoat; he said yes, he got the duplicate from Conner, and in consequence of that he was committed.

JOHN CONNER sworn.

I am a gentleman's servant, I know nothing about the waistcoat nor the duplicate.

How long have you known Eagan? - Between three and four years.

Long, before this time? - Yes.

Court to Eagan. Had you seen Conner from the first time your waistcoat was claimed till it was taken from you? - Yes.

Did you ask him about the duplicate? - I did, and he said he knew nothing about it.

Conner. I wanted to go with Eagan to search for the prisoner, at the same time, Eagan desired I would mention nothing of it, as he thought there would be no more about it.

Eagan. I said it would only bring us into trouble, and I beg you will say no more about it, I do not want to have any piece of work about it; there was one particular I forgot to mention concerning the pawnbroker, when the prisoner was brought before Justice Hyde the pawnbroker was sent for that the waistcoat was pawned with, the prosecutor was present, he was asked by Justice Hyde did he know any thing of the waistcoat, he said no he did not, for he had fifty of those waistcoats in the course of a month, and it is impossible to tell one waistcoat from another.

Court to Eagan. What became of the prisoner, has he been always to be seen, and always in the way? - Yes, I never knew he was out of the way ever since I first knew him in London, which is between two and three years.

Prosecutor. I have met him accidentally, he has been once or twice in the house afterwards, I never said anything to him after he left the house.

Jury to Prosecutor. Does the prisoner owe you anything? - Yes, he does, four or five shillings.

Eagan. You told me nine shillings, the other day.

Prosecutor. It may be so; I told him if he would go out of the house I would never ask him for a shilling.

Court. Did you ever ask him for this money since? - No.

PRISONER's DEFENCE.

I lodged in this house, there was a great resort of vagabonds, I and another young man that worked with me remained there about a fortnight or three weeks, they continually had speaking clubs of chairmen and all sorts; we did not approve of the lodging, and so we left it; the prosecutor said, what fault have you to find with your lodgings; I said, we are disturbed, we cannot get up in time to our work; his wife said, she was sorry we were going: you will find my character good, I know nothing of the waistcoat.

Court. Did they voluntarily leave your house, or did you make them leave it? - I made them go.

Conner. I never knew the man more than seeing him at a public house, we had a pint of beer, I was in the hospital at the same time, and there was very little hopes of my recovery; he was told that I never should come out; I afterwards went to Dover, to the Royal Hotel, and lived there about two months; I went from thence to Ireland for seven months, with a gentleman, and on my return to this kingdom

the waistcoat was talked of again, and I said it was a very hard case, Eagan came to me five days after I left the hospital.

Did you ever give the prisoner a duplicate? - No.

Did you ever pawn a silk waistcoat? - No; I desired Eagan to come directly with me, to go to the prisoner to know whether he would say so before my face; no, says he, I will not, drop it; I went to the hospital about a fortnight or three weeks after this affair happened, I was very bad.

MATTHEW MAHON sworn.

I am a gentleman's servant, I have known him about a year and a half, a very honest man, I happened to be taking a pint of beer at the prosecutor's house when Mr. Egan came in, and Mrs. Rodden challenged the waistcoat, he denied it, and many words happened, and he went away, afterwards Mrs. Rodden said, if I could swear to any thing I could swear to that, but I think there is something different in the colour or spots, and if I could swear to any thing thing I could swear to Conner's tak- taking it; the prisoner is a civil, good natured, sober, honest man.

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

NOT GUILTY .

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

Reference Number: t17851019-30

939. MATTHEW DELL was indicted for feloniously assaulting Sarah the wife of John Peverill on the king's highway on the 1st day of October , and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, one pair of linen sheets, value 20 s. three pillow cases, value 3 s. two linen shirts, value 12 s. and three linen aprons, value 6 s. a cotton night cap, value 6 d. one linen ditto, value 4 d. and one diaper towel, value 4 d. one handkerchief, value 4 d. two cambrick half handkerchiefs, value 8 s. one muslin half handkerchief, value 2 s. the property of the said John .

The witnesses examined apart by Mr. Garrow's desire.

SARAH PEVERILL sworn.

I was robbed on the first of October, between eight and nine in the evening, in Beech-lane , I had a bundle of linen across my arm, it was snatched from me, I was carrying it to one Mrs. Davis, I had had it to wash, the prisoner snatched the bundle off my arm and another came and gave me a push after the man took the bundle, and they both run away, the man that took the bundle only snatched it, he did not do any thing else, I cried out stop thief as loud as I could, I ran after them, I followed them into Red Lion Market, I got sight of them there, then they ran into Whitecross-street, I only prove the property.

Mr. Garrow. How long was the person that took your bundle out of your sight before he was taken? - Half an hour, it was between eight and nine.

A pretty dark place? - Under a lamp.

Which of the thieftakers told you that? - I was present.

Have you never said it was very dark? - I have not.

Where did you first see the prisoner after you lost your bundle? - Where he was taken.

Where did you first see him? - In Cooper's-alley, where the bundle was found.

In the public-house? - Before they were taken into the public-house, when he was taken into the public-house I was desired to point him out, I did point him out.

Did not you, upon your oath, first point to somebody else? - No.

Was he sitting in a box with other people when you went into the public house? - He was.

I ask you upon your oath, whether you did not point to the man that sat next to him first? - I did not.

How was this man dressed? - In a long white leather apron, a light coloured greatcoat and light coloured lank hair.

All that you observed while he snatched your bundle? - Yes, I was flurried.

How long might he be with you snatching the bundle? - It might be the space of a minute or two, he stepped by me before he snatched the bundle from me, and stopped me.

In what manner did he stop you? - He walked by me.

What account did you give the Justice about it? - A very true and just account.

What did you say? - I subscribed the man.

Did not you say before the Justice that you believed he was the man, and that was all that you said about it; for Heaven's sake where do you live, where do you come from? - I know where I live.

Do then tell us, for that seems to be all you can tell us? - My abidance is in Bud's court, Bristol-alley, Bunhill-row.

What are you? - I am a poor married hardworking woman.

JOHN GILBERT sworn.

I was coming out of my lodgings, the corner of Sun-alley, the prosecutrix was crying for the loss of her things, and I lighted her up the alley, some people belonging to the court were looking for the prisoner with lights, he was found in a shed, I saw the bundle lay between two casks over a shed of Mr. Randal's in Cooper's-alley, and the prisoner was on the other side of the bundle between four beer puncheons.

How near was he to the bundle? - As near as I can guess about a yard and a half from the bundle, I jumped off the beam I stood on, then I got over and saw the prisoner there, I put the bundle into the woman's apron, the prisoner was brought over, and I took hold of his collar, the prisoner desired we would not collar him, we took him to the Cherry-tree in Whitecross-street, and a constable was sent for, nothing was found upon him, the woman went with me to the Rotation-office, there the prisoner denied any knowledge of the bundle; Hines took the bundle.

Mr. Garrow. This good woman tells us she is a married woman? - Yes.

When did you give her the note of hand about the reward? - About what reward.

Who is the butcher? - He is at the door, John Hutchinson .

Where was it that you and Hutchinson and this woman's husband had the conversation about the reward? - That was last Sunday at the Bull.

Was Hyam by? - No.

What he was to be cheated of his share then? - I do not know, the butcher was not there with me, the husband came to me on Sunday, and said he would subpoena me, then I asked him who was to pay me for my trouble, and he said he would give me a note of hand for my trouble, if I would give him a note of hand for the share of the reward, and he said, if I would give him a note of my hand, he would give me a note of his hand the same, I did not sa y that I would do it, I did not say any thing at all to him.

You have said he was concealed there, now I ask you whether he was not there upon a natural occasion? - I cannot say.

Did not you know by certain symptoms? - No, I did not.

Was he not undressed in part? - I did not see him.

Pray who are you Mr. Gilbert? - I am a servant in Red Lion market.

JOHN HUTCHINSON sworn.

I took the prisoner between the butts.

Where were the butts? - In Mr. Ambler's yard, they were in his warehouse, just adjoining to his yard.

Could any body go in? - Not without getting into a place seven feet high.

How was that shed shut up? - It was locked up, I saw the mark of his foot where he got over, there was room to get over the top of the door.

Did you see where the bundle was? - Between the butts just by.

Mr. Garrow. That was under the shed too? - Yes.

Was you with Gilbert at Peverell's last Sunday? - I was at the public house, and he came and spoke to me.

Was Gilbert there? - Not along with me.

That was the time that Gilbert promised you the note of hand? - I told him I lived a hundred and sixty miles from this place, and I had stopped all this while, and said I should be very glad to be satisfied, he said, how can I satisfie you, I am but a poor man, I cannot satisfie you till it is over.

How much of the reward was he to give you when it was over? - He was not to give me any, he said, if the prisoner was cast he should have the reward, and would give me so much a day, according to my earnings, and I would not agree to it.

You would not give up your part of the reward? - No Sir, I said I would not have any hand in it.

You was to have your part of the reward? - If the prisoner was cast I was to have my part as well as the rest, and if he was not cast then I was to have nothing, unless you gentlemen please to give me something.

JOHN BRISCOE sworn.

I was coming up Whitecross-street; the first of October, between eight and nine, I heard the cry of stop thief; I immediately saw the prisoner run out of Red-lion Market into Whitecross-street, with a bundle under his arm, he was taken in Cooper's Alley, but there were so many stood in the Alley I could not see him, but I remarked his white leather apron, and his white lank hair; he was taken into a public house, and there was a kind of an attempt to rescue him, and he was taken to the Justice; I am sure he is the same man.

THOMAS HYAMS sworn.

I had this bundle at the Rotation-office, where I carried the prisoner; it has been in my possession ever since.

Mr. Garrow. Why did not you go out with the rest of the witnesses? - I was not desired to go out.

Court to Prosecutrix. Is that your bundle? - Yes: the sheets are marked, the bundle contains the things mentioned in the indictment, they were delivered to me to wash.

Do you know the person of the prisoner at all? - Yes.

Do you know whether he is the man that stopped you? - Yes.

Are you sure of it? - Yes.

Is he the man that snatched the bundle, or gave you the push? - The man that snatched the bundle.

Have you never said that you did not know the person, that it was too dark to see them, and that they run away? - I never did.

Prisoner. When I was brought into the public house there was several sitting in the box, and the prosecutrix was asked who was the person, and she pointed to another person, then Hyams said directly no, that is the person, then she said I had a pair of white trowsers on.

Court. Can you give any account how you came into this shed? - Yes, my Lord, I was easing myself.

JOHN METCALF sworn.

I live in Red-lion Market, I am a taylor, I live with my father, he is a taylor.

Do you remember the evening this good woman was robbed? - Yes, I was in the two pair of stairs, I heard the woman cry out below that somebody had robbed her, I opened the two pair of stair window, and I saw her cry out, somebody came to her, and asked what sort of chaps they were that robbed her, she said she did not know, she said one of them ran down the Alley, and the other across the market, somebody said to her, should you know either of them again, Oh! dear, I do not know that I should, she said, for I am ruined; it was a star light evening, and she stood under a lamp; there is a lamp adjoining to the house.

The prisoner called two witnesses to his character.

GUILTY Of stealing, but not violently .

Transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-31

940. JOHN HURLEY was indicted for feloniously stealing, on the 24th of September last, two men's linen shirts, value 4 s. the property of Sarah Hall .

SARAH HALL sworn.

I live in New James street, Manchester-square ; I lost these shirts the 24th of September, out of my kitchen, about two I found the prisoner in the kitchen, with one of them concealed under the washing stool, the shirt was just by him, I left it at the top of the great horse in the same room.

Was he a stranger? - Yes.

Can you tell how long he had been there? - No.

Where had you been? - No where but in the sore kitchen, which is adjoining to it.

How could he get in? - He might come in through the sash window which opens into the yard, he might either come in at the sash window, or over the wall, I do not know which; the shirt is here; it is marked D. P. my son came in before the prisoner got from under the stool, I made no alarm till he came, then he made him come up.

THOMAS HALL sworn.

On Monday the 24th of September last, my mother said, here, here, I went into the kitchen, and pulled the prisoner from under the stool; the prisoner is the person.

PRISONER's DEFENCE.

I was standing in Oxford Market, and there was a gentlewoman came to buy some fish, and she told me to take it, and she would give me two-pence, and coming back a woman was looking at the window of the houses, and I asked her who she wanted, she said Mrs. Smith, and asked me to enquire for one Mrs. Smith, a washerwoman, the stairs being dark, I tumbled just by the washing stool, I was not found under the washing stool; I work at plaisterer's work, my mother was here yesterday, she did not think my trial would come on to-day; my father is at home; I am between twelve and thirteen.

Jury. How far was the horse from the stool? - A very little way, quite close.

GUILTY .

Recommended to mercy by the Jury.

Court. How long have you been in prison? - Since the 23d of September.

Will your father, or any of your friends, come and speak for you? - I expect my mother.

Privately whipped , And to be sent to his father and mother.

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

Reference Number: t17851019-32

941. MARY LUDLOW was indicted for feloniously stealing, on the 19th day of September last, one cloth coat, value 10 s. one waistcoat, value 14 s. a pair of leather shoes, value 1 s. a pair of buckles, value 6 d. one silk handkerchief, value 3 s. and two linen ditto, value 2 s. the property of George Little .

GEORGE LITTLE sworn.

I am a taylor ; I have known the prisoner seven or eight years by sight; she lived three hundred yards from me, on the 18th of September, about eleven, this prisoner picked me up in the street, and I went home to her lodgings, and I agreed to sleep with her all night; I gave her three shillings in money; about half after three she waked me, and asked me where my clothes were, I said I was surprised at the question; I told her I put them on the table; says she, your coat and waistcoat are gone; where are your shoes, I told her I put them under the bed, I immediately got up, and she turned up the bed, there was no shoes, nor buckles, and my handkerchiefs were gone, I never heard any more of them.

Was she in bed with you when she waked you? - No, she was not.

Did any other people lodge in the same room? - No, it is a room by itself? when she told me the things were gone, I asked her, what is become of them; she

said she did not know, and if I had any suspicion of her, I had better call the watch; I gave charge to the watchman, and she was committed; I have never found any thing at all, she declared herself innocent of the affair.

Do the people of the house let rooms to other people? - No, it is a room on the ground floor by itself, there is no passage through the room.

PRISONER's DEFENCE.

I was going home last Sunday was a month very late, between eleven and twelve, I took a piece of candle to the room facing where I live, and this gentleman was drinking, I sat myself down about five minutes, he bid me stop, he said he wanted to speak to me; he followed me out in the entry, and asked me where the young body was that he lived with, I told him I did not know; but she was in bed with another man; I came down to the woman along with him, she told him she was not at home; then he asked her for something to drink, I went out and fetched them a quartern of liquor, this gentleman drank, and went out in the yard, and staid half an hour, then he came in and asked me, as he could not find his own young woman, if I would sleep with him; I told him no, I thought it was very ungenerous, as he had a young body of his own and a child; he chucked me on the bed, I had been drinking, I had not power to get up, I fell asleep, I waked and the window was wide open; I called the watchman to search the place; I am as innocent of the things as the child unborn; I have known him for above ten years; I have lived six years in the parish where his father and mother lived.

Does that window open directly to the street? - Yes, Sir, it is about as high as from this board from the ground; I do not know where he put the clothes, I had been drinking, I was really so much in liquor I could not tell; he laid across the bed, with his breeches and stockings on.

Prosecutor. She had not been into bed o my knowledge, I locked the door before I went to sleep, there was no window open at all when I waked; when I went to bed I fastened the door myself, and locked it, and put the key in my right hand coat pocket.

Jury. Was you sober? - I was not when I went into that place, I was much in liquor at the first of it.

Court to Jury. You observe she staid in the room, and went and fetched the watchman.

Court to Prosecutor. How long have you known this woman? - About eight or nine years.

Was the woman in liquor? - I cannot tell.

NOT GUILTY .

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

Reference Number: t17851019-33

942. JAMES FORD was indicted for feloniously stealing, on the 25th day of September , three silver teaspoons, value 7 s. and one glass smelling-bottle, value 3 d. the property of William Stoughton .

WILLIAM STOUGHTON sworn.

I live in Charlotte-street, Rathbone-place , I am a tin-plate worker and brazier , the prisoner came to my house with one Captain Kirkland , to dine with me; Mr. Kirkland lodges in my apartments, it was about two o'clock; I understand that the prisoner was an intimate acquaintance of the Captain's, they went up stairs; Mrs. Kirkland came down to me, dinner was near ready, and asked me if it was agreeable to ask the Captain's friend to dine with me that day, as it was a very wet day; I never saw the prisoner before, Mrs. Kirkland sometimes boards with me, I said, if you think there is sufficient for dinner, I have no objection; she said, I dare say there will, if not we will send for something for the servants, in about half an hour dinner was brought up stairs; the prisoner seemed to make himself very agreeable with

the Captain, I really thought he was a particular acquaintance of the Captain's they were talking of being on board together, and the prisoner said he was on board when Prince William Henry was on board, soon after this, dinner came upon table; we dined in the dining-room which Mrs. Kirkland rents of me; after talking a few words after dinner was over, we drank some wine together, the Captain wished to go down, and the prisoner said, I think myself rather sleepy, and he went to set down on the sopha by a child of mine; he seemed to be quite drowsy; I went out and said I will come home to tea; when I returned in about two hours, Ford was not there; and I heard there was a spoon or two missing, and I said, I dare say it is among the things; the prisoner never returned; when the Captain awaked he sent for me, and told me there is some spoons missing, and I went to the prisoner's apartments, No. 46, in upper Mount-street, Grosvenor-square; I knocked at the door, and the landlady of the house opened the door, I asked if Ford was within; she said she believed he was, but he was in bed; this was the same evening, about nine; she called him several times; nobody answered, I went upstairs, in company with Captain Kirkland , and we knocked at the door several times, and his wife said who is there, she got out of bed and opened the door, she went into bed again; then we went into the room; says the Captain why did not you return to tea? says he, I went home; says the Captain, why did not you bring the three spoons? says he I have no spoons; the other said, if you do not produce them, I will charge the watch immediately, he got up and opened the drawer out of a chest of drawers, and pulled out the three spoons, which I shall now produce to you; I was close by at the time; they were mine, there is the cypher upon them, here is the fellow to them, I swear to them; I missed a smelling bottle, which the constable has, which I missed the same time from my apartments.

This man was a stranger to you? - I never saw him before in my life.

What was he? - He represented himself to be a seafaring man, the Captain had a direction in his pocket to know where to find him.

Where do you suppose these teaspoons were taken from? - I saw them at dinner time; my little boy generally eats with a spoon; and there was never a one laid for him, I goes to the cupboard where these spoons lay, and I took one from the four and left three, and the others were afterwards missed; the others were in the cupboard when I left the room.

Mr. Knowles, Prisoner's Counsel. How was the prisoner when he came in, did he appear in liquor at all? - I believe he had been drinking.

I believe he drank a good deal too while he was at your house? - They might drink in the whole company about two bottles of wine.

Who were there? - A gentleman that lodges and boards with me, my wife, Mrs. Kirkland, the Captain, and the prisoner.

The ladies did not drink much wine of course; do you happen to know who you left in the room? - Mrs. Kirkland left the room, and my wife was up and down stairs, the prisoner said he was very sleepy, and sat upon the sopha.

Was not your little boy by the side of him? - Yes.

What age is he? - Two years and an half.

Did not you observe the child playing with the spoons? - No.

You did not hear at the prisoner's lodgings whether the prisoner's wife put the spoons into the bureau? - No.

CAPTAIN KIRKLAND sworn.

I know the prisoner is the man that stole these spoons of Mr. Stoughton.

I understand he came there with you? - Yes.

How long did you know him? - I never knew him before that day, I came from the Hungerford coffee-house, where I laid all night, I had been the night before at Oliphants

getting this hat, I had a bill of Exchange for fifty-five pounds some odd shillings, which I wanted to deliver to my agent, and going to Lime-street, Leicester-fields crossing the street over to the Haymarket, I found the prisoner going up the street, and asked him the nearest way to Lime-street, Leicester-fields, which he said, he knew perfectly well it was not all out of his way, that he was going that way, and that he would conduct me; we went there, and at the corner of the street, he asked me to have some wine and water, I said, I had no objection, at the same time, I would go to my agent's, and deliver my bill, and return, which I did, and from that time I went from house to house, till such time as the man endeavoured to get me intoxicated, with that we came to Mr. Stoughton's house, there the prisoner, at the corner of this house gave me his direction

"No. 46.

"Upper Mount-street, Grosvenor-square,

" James Ford ;" and in giving me his direction, he told me Edward Ford , so I put an E. down, and in contradiction to that, he told me his name was not Edward Ford, he invited me to dine with him, and he told me he had a fillet of veal, I said, I was very glad to dine with any body in the sea line, I would; he came to Mr. Stoughton's and dined, and I told him I was obliged to go to Mr. Stoughton's at any rate, and I begged of him to conduct me down there, as he had to Lime-street, when we got there, Mr. Stoughton and a lady that I knew were sitting at dinner, and I asked the prisoner to take a dinner along with me, which he readily accepted of, after dinner we had some wine; I found myself fatigued, and I wished to lay down, and I left him in the dining room, and did not return till I was informed by the prosecutor these things were gone, then the prisoner was gone out of the house.

Did you go with Mr. Stoughton to his lodgings? - Yes, I found him there, and I made him get out of bed, and deliver them to Mr. Stoughton, he opened the drawer, and took them out.

Mr. Knowles. You were not very sober then, and I believe you are so much used to get drunk, that you do not know when you are sober? - We had been drinking at two or three different houses.

Did not you find the prisoner by that direction which he gave you? - Yes.

I believe this drinking of your's brought you acquainted? - It did not, our acquaintance proceeded from our going to the Haymarket.

The reason you did not dine with this man was because you gave him an invitation to dine with you? - Yes.

Do not you know that the prisoner was so intoxicated, he knew nothing about it? - No, I do not remember anything of the circumstance, I begged he would excuse my laying down.

Was he denied to you at all? - Yes, he was denied insomuch the woman of the house said, that I could not see him, that he was in bed.

She did not deny his being in the house? - No.

JAMES PARKE sworn.

I am a constable, I searched the prisoner in the watch-house, after I took him into custody, and I found this smelling bottle in his waistcoat pocket, I asked him how he came by it, he said he did not know.

Prosecutor. I cannot swear to it, I only swear that one was missing, that is all I know.

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

Reference Number: t17851019-33

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 19th of OCTOBER, 1785, and the following Days;

Being the EIGHTH 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 VIII. PART IV.

LONDON:

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

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of James Ford .

PRISONER's DEFENCE.

On Sunday morning I was coming from the vestry clerks, near Charing-cross, on my return I met this gentleman, he asked me his way to Lime-street; I said, I would shew him, I walked with him to the end of Lime-street, then he asked me if I knew where he could get something to drink, I said, there was a public house at the corner, he wished some brandy and water, I condescended to go along with him, I told him I should rather not drink, he pressed me several times to drink; I said, if I did drink any thing, it must be white wine and bitters, he called for a gill of wine for me, and he drank the brandy and water, he went to his agent's, and I had a second gill of wine, then he produced a letter, where there was a woman's address, that lived at a hair-dresser's, in Glanville-street, going along it rained, he went into a public house, and called for pen, ink and paper, wrote a letter or two, then he drank some white wine and water, then he went to No. 13. in George-street, where there were two or three women, I waited sometime in the passage, I sent him several messages, at last a woman opened the door to me, and the Captain was laid on the bed with his clothes on, and a woman by the side of him, I waited ten minutes longer, he then seemed to be at a loss, where to go, I told him that I had some roast veal at home that day, and he was extremely welcome to dine with me; he called for a coach, and drove to that gentleman's house, in Goudge-street, then he introduced me up stairs, and introduced a decanter of brandy, I was quite intoxicated, prior to this I gave him my address, and there he found me; the woman of the house I presume is here, who can support every thing I say respecting of this; I came home, and as soon as I came home, I was immediately put to bed: I found when they left me in the room at the prosecutor's house, there was a female child left in the room with me, how I came by this property, I do not know, the Captain went and deserted me, and laid on his own bed, and how I got home I cannot tell; here are several respectable characters who have known me twenty years, and never knew me guilty of the smallest thing, till this unfortunate affair; when they came to charge me with this matter, these gentlemen had both been in the room a considerble

time before I came to my senses, they drew out all my clothes, in consequence of that I searched my pockets, I immediately resigned them to that gentleman; from nine in the morning, or thereabouts, I had been drinking brandy and wine and bitters, till he was so drunk, he was obliged to go to bed in his boots, and it was not extraordinary that I should be drunk.

Court. Do you desire Mr. Stoughton should be asked in what manner the spoons were produced? - Yes.

Prosecutor. I have related it already; immediately as the Captain had told him about the spoons, he began to laugh, the Captain said he would not be laughed at, he said I have none, he immediately jumped out of bed, opened a chest of drawers, put in his hand, whether in a pocket or not I do not know, and produced the spoons; then he downed on his knees, and begged pardon, and hoped I would not prosecute him.

GRACIA JACKSON sworn.

The prisoner lodged with me, he was strongly recommended to me by a person that had known him a many years; he came home at night intoxicated in liquor, which I never saw him before, between ten and eleven the prosecutor and another gentleman came and knocked at the door, and asked if Ford did not live there, I said, yes, I said, I believed they were both in bed; they desired me to go up with Captain somebody's compliments, but I cannot tell his name, I went up first and knocked at the door, and the prisoner's wife is very hard of hearing, and I could not make either of them answer, I came down again and said they were both of them fast asleep; the Captain then desired me to go up with a light which I did, the prosecutor said I will wake them, after sometime his wife came to the door, and asked what the gentlemen wanted, the Captain said, Captain such an one wanted to speak with him, she said it must be a mistake; the prisoner lay on his left shoulder, the Captain to the best of my knowledge, went and shook him in this manner, and said Mr. Ford awake! he opened his eyes, and could not for sometime make out what it was, Mrs. Ford desired me to withdraw, which I did; they came down stairs soon after, when the Captain came down stairs, I said to him, Sir, I am affraid here is some eruption, what may it be; the Captain asked me how Ford behaved, I told him he was exceedingly well recommended, he came to me on the 17th day of September, that was the 9th day.

Mr. Knowles. When he came to your house in the evening, do you think he had any sense of what he did? - I do not think he had, I do not from my heart, he could not get up stairs or scarce go along the passage.

Mrs. WILLINGTON sworn.

I have known the prisoner between two and three years, I never heard any thing of him but a very honest character, he has lived with Sir William Wake , and Sir Thomas Burton , I believe he was discharged from the service of Sir Thomas Burton when Lady Burton died, and since that he has been in the country to see his friends, he bore a very good character as far as ever I heard.

Court. Had you any opportunity of hearing any thing about him? - I am a laundress and I washed his linen all the time.

Do you know whether he was ever at sea? - No Sir, not to my knowledge, he always paid me very honest.

- PALLARD sworn.

I have known the prisoner about sixteen months, he has lived servant with Sir William Wake , he has lodged at my house in the capacity of valet and butler, I never knew any harm of him.

- STOBIN sworn.

I live in Adam-street, Portman-square, I have known him between three and four years, he lived with me about six or seven months, he behaved very genteel, I never saw him in liquor, he always paid me, I thought and found him an honest man.

- FISHER sworn.

I live in Saint Alban's-street, I am a fruiterer and green-grocer, I have known the prisoner nineteen years, two gentlemen lodged with me and the prisoner was servant to one of them, he was very honest and sober, I never saw him fuddled, I always heard a good character of him.

Do you know whether he has ever been at sea? - I never heard that he had.

- MOULD sworn.

I am a hair-dresser in Oxford-street, I have known the prisoner eight or nine years, as good a character as ever I heard of a man in my life, according to his profession as a servant, much respected by people that knew him, I have known him in several places of trust.

- LEWIS sworn.

I am a hair-dresser, I have known him about eight years, I have always understood he was a very honest man, I never heard any thing to the contrary in my life, I have known many acquaintance of his, he always bore a very good character as a very honest man, he was a gentleman's butler.

- TIMBERLY sworn.

I live in Oxendon-street, I am a wax and tallow chander, during the time I have known him he has lived in families I have served, and I never heard any thing to the contrary, but he was a very honest man.

Court to Stoughton. You said something in the course of your evidence in conversation between the captain and him, of the captain's saying you must know me? - He said he was on board the Warwick, captain Elphinstone, at the time that Prince William was on board the ship, the captain immediately replied, then you must know me, for we laid anchored off there by her, you must know me said he, I visited at the port frequently.

GUILTY .

Transported for seven years .

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

Reference Number: t17851019-34

943. JAMES ROOK and JAMES JORDAN were indicted for that they, on the 22d of September last, feloniously did assault one James Stewart on the King's highway, and did then and there demand his monies, with a felonious intent his monies from his person and against his will, feloniously to steal, take, and carry away .

JAMES STEWART sworn.

On the 22d of last September, I was coming home through Wellclose-square , about half past ten or rather better, it was on a Thursday night; the two prisoners came up to me, one laid hold of one side and the other of the other side, they said,

"it did not signify, money they wanted, and money they must have.

"They took hold of me by the lappels, they said no more to me; I thought of laying hold of them, and calling out watch, but upon a second reflection, I threw my arms against one, and extended them, and drove the other against the wall, and called out watch, with that one of them recovered himself and gave me a stroke under the eye, which gave me a black eye, they ran, and I after them, and by Nephine-street, one of them turned down, and two or three watchmen were gathered together, and they took Rook, and I went after Jordan.

Are you sure the other man is the same person? - I think he is the same.

Can you undertake to swear positively that he is? - I certainly can now or I would not have sworn at first, he was not out of my sight five minutes before he was brought to the watch-house, it was a moonlight night.

Are you quite sure of Rook's person? - I think it is the same person.

Thinking alone is not sufficient, can you undertake to say with certainty it is the same person? - I positively can.

JOSHUA GRAHAM sworn.

I belong to the liberty of the Tower of London, on the night of the 22d I sat up to look after the watchmen, I sat the watch at ten, and I went out at the half hour with

the watchmen, not the way that he went but another way, and I was up at the further end of Grace's alley, talking with another officer; and I went into a house about five minutes, and then the man was gone from the box, I went to the watch-house and went in, and they said they had got a man, a thief, I enquired who gave charge, the prosecutor said he did; the prisoner Jordan was then in the watch-house, and he said he charged him with intent to rob him and assault him; I took him and searched him and found nothing upon him but a shut knife, a pocket knife, and I think I recollect nothing but two sixpences or two shillings, I know one of them had two shillings and the other had two sixpences and some halfpence; before I had done searching him Rook was brought in, the gentleman said directly that was the other, he could positively swear to him; nothing was found upon him only a common knife, and some silver.

GEORGE TYLER sworn.

On the 22d of last month about half after ten or better, I heard a great noise crying out watch, I went and looked down Grace's-alley, and I saw the prisoner Jordan crying stop thief, and the prosecutor was after him, and he came up and said he was the man, and positively he could swear to him.

What did he say the prisoner did? - That he offered to rob him.

LLEWELLIN JONES sworn.

I heard a noise and I ran after the prisoner Rook, he cried stop thief, and in Virginia-street a man came out, one of the watchmen hit him over the leg, and I came up and took him, he said do not use me ill for I have hurt nobody, I said, what did you run for, he said there were a good many run as well as me; I took him to Wellclose-square and put him in the watch-house, there was the prosecutor, who said directly, that is one of the men that stopped me.

Mr. Garrow, Prisoner's Counsel. My Lord, I beg leave to trouble the Court with a few observations on the indictment; I have forbore to ask a single question of any of the witnesses, because it seems to me to be the shortest way to take your Lordship's opinion at this stage of the business: this offence, or rather the offence intending to be described in the indictment, arises on an act of parliament made in the 17th and 18th years of the late King: and from the preamble of that act coupled with the enacting clause of it, it seems to me to be clearly decisive that this indictment cannot be sustained; it recites, that many of the King's subjects have been put in great fear and danger, and that the punishment of such offenders, (that is, of offenders who assaulted the King's subjects with intent to rob, and put them in fear and danger of their lives) was not sufficient. My Lord, I am perfectly conscious that I am addressing myself to a Court that know perfectly well what is meant by assaulting and putting in fear, and that it constitutes a highway robbery; now this preamble says, this is with intention to rob; those acts of parliament therefore were not intended to protect persons from bare larcenies from the person, but were intended to meet a new species of offence, where persons with arms, or by violent menaces, or by force, which might on persons of a firm and found mind produce such terror as to cause them to part with their property, did assault the King's subjects with intent to rob; and the legislature thought that this was an offence fit to be punished in some severer sort; therefore they inflicted the sentence of transportation: then the entering clause goes on to say, that this penalty should apply to persons who should either with offensive weapons, or by menaces demand any money or goods, with felonious intent to rob, or commit robbery upon such person or persons to whom such menaces should be applied. My Lord, my objection is first, that there is no menace of the sort described by this act of parliament in this indictment.

Court. You have dropped one part of the act of parliament, which adds

"or shall by any forcible or violent manner demand" these are the words upon which the present indictment is framed.

Mr. Garrow. Then, my Lord, in the first place I take the liberty of saving, upon this evidence it is entirely impossible for the Jury to find that there has been an assault in a forcible or violent manner; the evidence of the prosecutor was this, that he was either met or overtaken, or found himself in the way of the prisoners, and one of them made use of this expression,

"money

"we want, money we must have." Now I need not state to the Jury that that expression is perfectly equivocal, it is the language of threat, of menace, or the language of supplication, of indigence in the mouth of a beggar; there is no sort of pretence that this was accompanied by any force, or by any indication on the part of the person asking, that he intended to distinguish his application from that of a beggar; a man earnest for a bit of bread, might address the person of whom he fought relief by laying his hand on any part of the body, and most naturally on the shoulder of such person; But still, my Lord, I have a clear and palpable objection, because the indictment states this, and this only, because it states that it was with a felonious intent his monies from his person and against his will feloniously to steal, take and carry away; that is the description of a simple larceny. I take the liberty of observing that it was not to protect persons from simple larceny, but from that higher offence, and in order to the constitution of which, there must be a threat applied to the person from whom the money is demanded: this indictment does not state in the words of the act of parliament, that this was with intent to rob or to commit robbery; and it seems not to have been enough for the legislature to have contented itself with one expression; but left any man of less sense than all those who constitute this Court are blessed with, should mistake; the legislature seems to have been anxious to have pinned down the sense, and to have marked its meaning so, that no man could possibly mistake it, for it goes on to say,

"with intent to rob, or with intent to commit robbery," marking it as contra-distinguished from an attempt to commit simple larceny. My Lord, I contend on the part of the prisoners, that it is incumbent on the prosecutor to pursue this act of parliament in its very letter; he has not done so, he has not charged that they did it with a felonious intent to commit a robbery, or that he meant to take his goods forcibly or violently: I do not mean that the indictment should necessarily have found in it, the words with a felonious intent to rob him, or to commit robbery; but this I contend, it is clearly and indispensably necessary, that upon the indictment there should be a clear and unequivocal description of an intent to commit an highway robbery: now here is a clear description of an intent to commit larceny, but I defy any man with legal notions about him to say, here is the description of a highway robbery: your Lordship knows there must be fear, or at least there should be such a personal attack upon a man that a firm man might be put in fear, and part with his property, or have it taken from him; and this indictment describes it to be with a felonious intent, feloniously to steal, take and carry away his goods; that is a clear description of larceny. My Lord, I am ashamed to have taken up the time of the Court so long, I conclude with submitting to the Court, there must be a clear designation of an intent to commit a robbery.

Court. I will first leave it to the Jury, and if any doubt is entertained, I will mention it to the learned Judges, and if they entertain any doubt, the case shall be reserved. I think it would be more correct if the words by force or violence were added: as to the other point, if the Jury are of opinion the prisoners meant to beg and not to rob, I shall direct an acquittal.

Mr. Garrow. My Lord, I have no objection to your Lordship's purpose, and I am sure, that after what I have experienced so often of indulgence, I shall be forgiven if

I make this observation: I observe that the mode in which it might be attempted to reconcile the indictment to the statute is this, by taking in the whole description that might be collected out of the indictment; but I shall take the liberty of submitting to this Court, that you cannot look further back than beyond the word intent, I take it that the other is a distinct part of the offence, that is, the assault, in a forcible and violent manner, of demanding money: the other part the Jury are bound to find, namely, that it was with a felonious intent t o rob, that feloniously, and against his will, and by force, they took the goods: therefore, it seems to me as if it was impossible to couple the two parts of the indictment, so as to make up one perfect whole to satisfy the act of parliament.

The prisoner Rooke called two witnesses, who gave him a very good character, and said he was a midshipman on board the Bellamont East Indiaman.

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

JAMES ROOKE , JAMES JORDAN ,

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-35

944. JOHN CLEVERLEY was indicted for feloniously stealing, on the 14th day of October , fifty-six pounds weight of French plumbs, value 27 s. and one deal box, value 6 d. the property of Morris Thomas .

MORRIS THOMAS sworn.

I am one of the watchmen of the quays, I take care of the merchants property; last Friday morning the prisoner came down Smart's Quay, next Billingsgate , I told him it was not a proper place, therefore he must depart, he went away rather unwillingly, it was about half after three; he had a box of plumbs; I am answerable for all sorts of goods that are lost, I have paid above a hundred pounds for deficiencies.

Jury. Do you know the marks? - T. M. with F. P. at the bottom.

Court. Do you know what the cargo is that you are watching always, whether they are plumbs, currants, or raisins? - Yes.

How are you paid? - Half a crown for every twenty-four hours, which is but five farthings an hour.

GEORGE THOMAS sworn.

I am employed by my father to look after this fruit, and last Saturday was a week, between seven and eight, the prisoner came down and got in where these French plumbs were, I got a lanthorn, and got him down, on Sunday morning he came the second time, and attempted to go up there, and I again drove him away, I saw no more of him till I saw him at the Justices; I knew him to be the same man that I had seen loitering about the quays before.

EDWARD DOUBLEDAY sworn.

I took the prisoner with this box; he was put into the prison which joins to the watch-house, and he broke into the watch-house, and made himself a fire by himself, and locked the people out; when we went to take him to the Justice's, he boated for an hour; the box was owned by Thomas; this is the box; he would not go to the watch-house, he said he was going to his lodgings.

Prisoner. I do not know what they say about it, I am sure.

What countryman are you? - An American.

What did you do with that box? - I was going to take it home to my lodgings.

Where did you get it? - I got it down pretty nigh down the Custom-house Quays somewhere, where he says, I believe.

How came you to think you might take a box from that place and carry it to your

lodgings? - I was walking about several times, and saw the watchmen all asleep, and I thought they were not fit to take care of things, I had not a half-penny worth of bread, and I thought I would try what I could do with the watchmen, such watchmen as go to sleep, I did not mean to rob any further than to take the box, I did not mean to sell it, nor to make a property of it, only to see if I could frighten the watchmen a bit; I shipped in Captain Califf 's ship; he was the owner of the ship; I was kicked out of doors, and taken up by the watchmen, by half a dozen of them, armed with cutlasses, they told me I was mad; I walked myself about, and saw what was going on, and I thought it was better to walk about than to sorve Caesar, or any of his works; I have been to sea seven years this last summer, the beginning of September I came there in the Friendship, Captain Samuel Milford .

Where is that ship now? - I believe she is in the river, if I do not mistake.

How long have you been on shore? - Almost a twelvemonth, I was on board a vast many ships working them out, lumping; I always paid my way, I lodged in one place for ten months, they told me I was mad, and sent thousands of people after me to murder me.

Court to Morris Thomas . Did you know this man before? - I do not know that I saw him before that morning, but he is well known to be upon the quays before.

George Thomas . I have seen him frequently there, I never saw him work nor ever saw him go to work when they called to work.

Watchman. He got into the watch-house and there he fastened himself in, and made himself master of the watch-house, and made a great fire.

Jury. Are they all the same numbers? - No, various numbers, but the same marks.

Court to Thomas. Was you on duty that night? - I was, the whole night, I turned him off the quay that morning.

GUILTY .

Recommended to mercy by the Jury.

To be fined 1 s. and imprisoned one month in Newgate .

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

Reference Number: t17851019-36

945. JOSEPH OSBORN was indicted for feloniously stealing, on the 20th of September last, six razors mounted with silver, value 21 s. six horn box combs, value 1 s. three other combs, value 6 d. six pair of curling irons, value 2 d. one case for a razor and strap, value 6 d. one tooth pick case, value 1 d. a powder box, value 3 d. a small inlaid box, value 6 d. a shaving box, value 3 d. one other box, value 6 d. one pincushion box, value 3 d. a rouge box, value 3 d. four bundles of long hair, value 5 s. one German steel razor, value 4 d. two pair of scissars, value 4 d. one tortoiseshell case, value 6 d. one pot of orange pomatum, value 3 d. one pot of soap, value 2 d. one sheet of court plaister, value 3 d. fifteen pair of rollers, value 12 d. a silk rose for the hair, value 2 d. one pair of stockings, value 6 d. one wash-ball, value 2 d. two powder machines, value 6 d. six tortoiseshell combs, value 5 s. six tortoiseshell combs, value 5 s. and six tortoiseshell buckling combs, value 5 s. the property of Charles Sharpe .

CHARLES SHARPE sworn.

I live in Fleet-street , I am a perfumer , at the time of the robbery I was at Cambridge, I can only prove some part of the property.

THOMAS BISH sworn.

About the 20th of September last, I was at breakfast at Mr. Wright's in Fleet-street, and their bar-maid came in, and said, a

man had been enquiring for Mr. Sharpe, knowing him I went out, and he described the young lad, and I went to Mr. Thompson, the constable, and took him up to Mr. Sharpe's house, I took the prisoner who was Mr. Sharpe's boy, and we went and searched his box, and we found the things mentioned in the indictment, the prisoner then told us of a lad named Riley, we went and found some more goods in his box, in a court in Leadenhall-street, the prisoner's box was in a garret in Mr. Sharpe's house, locked, he had the key in his pocket; here is a list of the things found in his box which was written at the time, they were delivered to the constable.

EDWARD PARMINTER sworn.

A man came into our shop, and brought in some combs, which he said he had of our boys, I took the combs, and the man's direction, he lives in Bishopsgate-street, I have not his name, I took Riley's direction, I saw these things found in the prisoner's box, the box was locked, the prisoner had the key.

JOSEPH THOMPSON sworn.

I was sent for on the 20th of September, to Mr. Sharpe's by Mr. Bish, and searched the prisoner, and in one of his pockets I found this new machine; I then found the key of his box in his pocket, and I found the things which I produce, in his box, and likewise this bunch of keys, one of these keys opened a many of Mr. Sharpe's drawers.

Mr. Sharpe. In January last, I had an accident of fire in my house, and a coat was lost, in the pocket of which were these keys, I apprehended they were destroyed, the boy was only with me five weeks, consequently he must have had them from some other servant.

WILLIAM RALEY sworn.

I have known the prisoner about nine months, the things that were in my box were given me by the prisoner at the bar.

Where did you live? - I live with Mr. Cotton, in Fenchurch-street, a picture-frame maker.

What was you to do with these things? - I was to sell one dozen and an half for the prisoner, and the rest he gave me to keep for myself.

Court to Sharpe. Can you swear to any of these things? - I can swear to some of the things that were found in the boy's box, these razors have my name upon them, but I cannot positively swear to them, here is a powder box, marked by one of my clerks, and a pair of stockings marked, I know them perfectly, all the things that are here are the common run of stock.

PRISONER's DEFENCE.

A great many of these things were given me by a porter that lived at Mr. Sharpe's, not all of them, he persuaded me to it.

Mr. Sharpe. The porter has absconded, the prisoner came to me an errand-boy and general servant, I had an exceeding good character of him from Mr. Lloyd, an attorney, in Chancery-lane; and indeed I am induced to believe that what the boy has told you is true; I do not doubt but the keys were given him by this porter, and he induced him to take the things.

GUILTY .

Mr. Raley: My Lord, I am the father of the witness Raley, a lad whom I have brought up with the greatest tenderness, I have done all I can for him, I am very sorry to see him in that situation; I wish him now to receive that reproof that may penetrate his mind, I am father of a large family, eight in number; I cannot admit him into my house, but I will put him into a place of safety up at Hoxton; I have advised him to go to sea, I will get him a birth.

Court to young Raley. I am very sorry, young man, to hear this account of you from your father, you must have behaved very ill indeed; you have had great good fortune in not being yourself prosecuted, you ought to have been prosecuted, and if

you had, the evidence that came out to day, would have involved you in the same guilt, and the same disgrace with this unhappy young man; and I hope if you have any feelings, that his fate, and my public exhortation to you, will have some effect upon you, and that you will not go on in practices, which in all probability must bring your unhappy father with sorrow to the grave, as well as draw down certain destruction upon yourself; you will be delivered into his care, submit to that restraint that he imposes upon you, and to that course of life which he thinks fit to mark out to you, and endeavour by your future conduct to deserve that he may forget what is past, and that you may become an useful member of society.

Mr. Raley the elder. I return your Lordship many thanks.

Mr. Keys, foreman of the Jury. My Lord, it is the wish of the Jury to recommend the prisoner to mercy, as supposing he may have been drawn in by the porter, and as that witness, young Raley, appears to have been a partaker in the guilt.

Court. Gentlemen, the thing that alarms me, is the example; because put it to your own breasts, you all carry on trades in the city of London, and you are all obliged to entrust your property to your servants: I have therefore always held a very strict hand over this particular crime, because it seems to me, as if men's property depended intirely upon never relaxing the punishment due to servants that rob their masters; now having said this to you publickly, if you still wish this boy should find favour, I for one will not oppose it, though I cannot heartily approve of it.

(The Jury did not repeat their application.)

Transported for seven years .

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

Reference Number: t17851019-37

946. THOMAS ENGLAND and MARY DAVIS were indicted for feloniously stealing on the 8th of October , one silver watch, value 40 s. a steel chain, value 6 d. a seal, value 6 d. a key, value 1 d. the property of Samuel Christie .

SAMUEL CHRISTIE sworn.

I live No. 24, Piccadilly, I lost my watch, I was going up the Haymarket , soon after ten, I saw the prisoner Davis assaulting a man that keeps a stall of different things on the left-hand side going up the market, it was on Saturday week, I crossed the way and she took a look at me, she had hold of the man by the collar of the shirt, and shaking him about, and she broke a lamp that shewed the light over his goods, he was calling out for the watchman, and she let go of him, she looked at me and was using the most infamous language that ever proceeded out of any body's mouth; she caught hold of me by the collar of my shirt, she said at that time, you took the Jew's part and you struck me, she pulled me by my breast and the collar of my shirt, and I endeavoured to undo her hand from my shirt, and I found I could not without tearing my shirt all to pieces; if you would only allow me to speak on I will tell you more particularly, and when I found that I thought I felt somebody touching me over the waistband of my breeches; she pulled me almost to the ground, and drove my hat off, then I suspected the robbery, because she pulled in so desperate a manner, I called out, Oh my watch! before I had put my hand down; there were a great many people gathering at the time, the man (prisoner) was before the woman, I saw him before it happened, I called out all along, my watch is gone that very minute.

How came you to think of your watch? - Why I suspected from this, from her hands being at my neck, to my knowledge the man never put a hand to me.

Did you feel her hand at your watch, or any thing of that sort? - No, I cannot say I did, when she was dragging me down I certainly felt something move.

You say the man did nothing? - Not to my knowledge, but I was so busy with the

woman that I do not know, but however the woman had hold of me while I was robbed of my watch.

Then you cannot tell whether she took it or who took it? - No, I cannot, but I am sure it was taken while she held me, and was dragging me down to the ground.

What became of your friend the Jew that you had released from her? - He was standing by.

Did not he help you as well as you helped him? - He was minding his goods I believe, the woman endeavoured to make her escape, and by the assistance of the man prisoner and some others, was out of the hands of the watchman, I believe twice, if not more, I caught hold of her twice, she wanted to get away, she got my thumb in her mouth, (Ah you need not laugh, the marks are here yet,) I secured her till two or three watchmen came up, I never got my watch again, it was a silver watch.

Do you deal in watches? - No.

What business are you? - I am a taylor in business; I do not know the maker's name of my watch, nor the number, it was to be brought to me by a person that knew it, but they have not, then the woman was searched for the watch at the watch-house, nothing was found, I am sure this Mary Davis held me while I was robbed of the watch.

What was she doing to your friend when you came up? - He was shoving her off desiring her to go from his goods; they have a stall against the side of the house, with buckles, watch-chains, and keys, and different things.

Court. Why did not you get out of her way? - I did not suspect I should be catched hold of and robbed, I was not afraid of my watch at first, till she almost dragged me down on the ground, she pulled me down with such despair, that caused me to suspect a robbery.

Was you there by yourself without any assistance? - Not one that I knew was there; the prisoner England obstructed the watchman taking her to the watch-house, he told the people not to meddle with the woman, but to let her take her own-part, while she had hold of me.

Mr. Garrow, prisoner's counsel. They did not know you was a taylor? - No.

The people had a mind to see a battle between you? - I do not know, but it was no battle, at least it was a disadvantageous one to me when I lost my watch; I am flee before God and my own conscience to declare that I was held by her when I lost my watch.

The fact is, that you like a fool entered into a squabble with this woman, in defence of poor Mordecai, and got a good beating, and your thumb bit, and lost your watch? - His name was not Mordecai, you are mistaken there, his name is Solomon.

So you came up in the Godspeed, let the Jew loose, and engaged with this Christian female; did not the people think it was good fun to see the taylor and the woman engaged together? - I am not to be brow beat, though you may suppose yourself a very wise man.

- KENDRICK sworn.

Saturday sevennight I was coming down the Haymarket, I was standing with Mr. Solomons the Jew, asking the price of a pair of buckles, nobody was nigh us, she came up to me and behaved very indecent, and went to the Jew and behaved so to him, and the Jew puined her away, and told her to go away about her business; then she came the second time to him, and she ran to break his glass, and he caught her hand before it came down on the glass, it was a shew glass which stands with things in at the side of the public-house; then she broke his lamp, then he asked her what she meant, and she said what are you going to kill me, rob me or murder me, she made very bad oaths, and raised a mob, and called me very bad names, then Solomon sent for the watch and charged her, then the prisoner England came up and said, gentlemen consider it is a woman, do not ill use her, that was all the words I heard him say, and the prosecutor came across over the way, then she caught hold of him, and said, you bl - y thief, you have knocked me down twice, she

caught hold of him by the frill of the shirt, and shook him till the watchman was ringing his rattle, and I went down to seek for assistance, and I heard the prosecutor call out, I have lost my watch, I never saw the prosecutor before, when I heard the prosecutor call out I have lost my watch, I directly turned round and saw the man-prisoner stand pretty close to the woman, but I did not see him do any thing to the prosecutor, nor did I hear the prosecutor charge him with doing any thing to him.

JAMES BARBER sworn.

I am a watchman, I heard a noise, I went there, and when I came the prisoner Mary Davis was striking Solomon who keeps a hard-ware stall, I went to push her away, and told her to go about her business and not make a disturbance there; she charged Mr. Solomon for using her ill, and Mr. Solomon said watchman I charge you with that woman; the prisoner England came between us and said, let the woman go , I said, do not you interrupt me in my duty, stand off, and I pulled the prisoner Davis towards me; all of a sudden she seized the prosecutor by the breast in this manner, then in a very small space of time after, she seized him by the collar, and he cried out, I have lost my watch, then a croud came and separated us, when she was in the croud she cried out England, England, take my part, do not see me hurt; after the woman was in my custody he said, do not use the woman ill, take her to the Justice, or to the watch-house, or something of that sort; she was searched by the watch-house keeper's wife, and nothing was found upon her; the very instant she seized him the watch was taken away, I do not know by whom, I did not see the man at the time it was done.

Mr. Garrow. How long has this poor fellow been in custody? - On Saturday night the 8th of October.

FRANCIS HILSLEY sworn.

I am a carpenter, I heard the watchman's rattle and heard it again, and heard murder cried, the woman had the man by the collar, and she cried out murder, and she charged the watch with him, at the time she had hold of him she called out, England do not see me hurt; all this was before the watch was lost.

How long was it after that, before the man said he had lost his watch? - She quitted his pocket and took him by the hair of the head, and she got his head almost between her legs.

Jury. I think it is a pity to go any further.

BOTH NOT GUILTY .

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

Reference Number: t17851019-38

947. JARVIS BRADBURY was indicted for feloniously stealing, on the 20th day of September last, six pair of iron hinges, value 3 s. the property of William Corvan .

WILLIAM CORVAN sworn.

I live in Bishopsgate-street, I am an ironmonger , I lost these things the 20th of September, I found the prisoner in my shop by my counter, I asked him what he wanted, he said a pennyworth of bell-staples, I put them into a paper, and gave them to him; he was going away, my servant seeing him going away, went and took the parcel from between his legs as he was going out, there were six pair of hinges in the parcel.

MARGARET STORY sworn.

I saw the prisoner put his hand, and take something, and took it from between his knees.

Prisoner. I know nothing of it.

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

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. Baron EYRE .

Reference Number: t17851019-39

948. THOMAS BAND was indicted for feloniously stealing, on the 18th day of

October , ten pounds weight of old brass, value 5 s. the property of Edward Pistor and John Pistor .

EDWARD PISTOR sworn.

I am in partnership with John Pistor in an organ manufactory , I cannot ascertain the time when we lost this brass, it was found in the house of Mrs. Hobson last week; I know it to be our property; the prisoner was a workman of ours; we employed him frequently.

MARGARET HOBSON sworn.

I live in Petticoat-lane, I keep a smith and brokers shop, I bought the brass of the prisoner at the bar at different times, I do not remember the weight.

John Perrot produced some brass he bought of the prisoner.

Prisoner. I know nothing of it.

The prisoner called three witnesses to his character.

Court to Mrs. Hobson. Did he ever deal with you before? - Yes, about half a year before; I told Mr. Pistor what sort of a man he was.

GUILTY .

To be transported for seven years .

Tried by the first London Jury before Mr. Baron EYRE .

Reference Number: t17851019-40

949. JOHN ADAMSON and BURGESS TRANTER were indicted for feloniously assaulting Michael Dalley on the King's highway, on the 24th of September last, and putting him in corporal fear and danger of his life, and feloniously stealing from his person, and against his will, six shirts, value 20 s. thirteen stocks, value 10 s. the property of David Carr , Esq ; four men's shirts, value 10 s. four neck handkerchiefs, value 2 s. one pair of worsted stockings, value 6 d. the property of Allen Robinson .

MICHAEL DALLEY sworn.

I am thirteen.

Do you know the nature of an oath? - My mother told me if I should tell an untruth I should go to the bad place.

And do you know that you are liable to be punished by law, and be sent to gaol? - Yes. - I was sent out with a basket of things on a Saturday night, a good while ago.

How long ago? - A good bit ago.

Was it three weeks or a month, or how long? - I believe it was, my mother is a washerwoman, I was going to carry some things to Mr. Cart, No. 33, Norfolk-street in the Strand, and some things belonging to his footman; I was sent about half after six, I had knocked at the door, and somebody came and snatched the basket out of my hand; my mother gave me a particular caution before I went out, and I held them very fast all the way, but when they snatched it I was obliged to let it go; I do not know rightly the person, he was dressed in blue, I took hold of him, and held him, he had the basket, so he fell down off the curb-stone, and I fell down too, so he got up again, and took hold of the basket, and ran round the corner, and gave it to a man that stood there; they ran different ways, and I followed him that had the clothes, I cried stop thief, and a footman stopped him, so he threw down the basket and ran away; I picked up the basket and the clothes; he was not taken at that time, I took the clothes home to Norfolk-street, and by that time they had taken the man.

Do you know whether the men they took were the same men? - No, Sir, I did not see his face.

WILLIAM WOODWARD sworn.

I heard the little boy cry stop thief, and I pursued the prisoner Tranter out of Norfolk-street; he had the basket of linen before him, he ran down Howard-street; I struck him, and he dropped the basket, by his stopping I missed him; I turned round, I cried stop thief; he was never out of my sight two yards all the time, I am sure he was the man that ran with the basket.

Where did you first see him? - In Norfolk-street;

I saw him run from the gentleman's door with the basket in his hand, I think it was near the gentleman's door, and the same man had the basket all the time.

Did you see any other man? - No.

THOMAS WALLDEN sworn.

I took the prisoner Tranter; I was in the Swan in Arundell-street with a few friends in the tap-room, I heard a great noise, and I saw the prisoner fall down under the gate-way, he jumped up again immediately, and ran towards an alley which goes into Essex-street, I ran after him and caught him round the waist, I saw him have nothing at all; I did not see Woodward, he came up in three minutes after; when I took the prisoner he might be about one hundred yards off.

JOHN ATKINS sworn.

I apprehended Adamson; I apprehended Williams first on suspicion of this robbery, through the information, I believe, that Sears received, Williams was admitted an evidence as an accomplice, he acknowledged he was concerned in it himself at three different times.

Court to M. Dalley. Was the man in light coloured clothes in sight of the door when the man snatched the basket? - I should think he could not, the first man that took the basket got away.

JOHN WILLIAMS sworn.

Do you know any thing of this prisoner Tranter? - No, I do not.

What do you come here for? - I was taken up upon suspicion of this robbery.

Who do you come to give evidence about? - Nobody; I was greatly terrified, the man that took me told me to make a confession, and they told me if I did not I should be hanged, and if I did I should go to gaol for a few days, and be admitted as an evidence, and have good victuals and drink, and a bed, and a shilling each day, and part of a great reward; after I made this confession they desired me to sign it, which I did.

Who was it told you this? - The man that took me, Sears I believe his name is.

Was Atkins present? - Not at the time this man told me this.

How came you to confess you had been a party in the robbery? - I did not confess any further than they told me to say, they told me that if I did not I should be hanged, if I did I should receive victuals and drink, a bed, and a shilling a day, and part of a great reward; Atkins told me that this Adamson was taken, and if I did not swear to him I should be hanged; the next time they asked me if I had any money, and Atkins gave me eighteen-pence, and told me to stick to what I had said; my friends told me to tell truth, and said what a sad thing it was to tell lies, this is the truth I tell now upon oath.

Court. You know you have taken an oath, you know the consequence if you speak falsly? - This is the truth, I positively swear it.

Court. Let Williams be remanded to Newgate, till this matter is further enquired into.

Atkins. My Lord, the other man that attended is here on purpose to explain this matter, we were not bound over.

Court. I shall desire Mr. Hodgson, the short-hand writer, to make out a copy of this evidence, and give it to Mr. Shelton, that it may be sent to Sir Sampson Wright.

Court to M. Dalley. I think you say that Tranter was not the man that took the basket from you? - No, it was another man.

And that the man that received the basket was round the corner? - Yes.

Court to Jury. In strictness of law in this case, I think both the prisoners ought to be acquitted on this indictment, without putting them on their defence, there is no evidence whatever against Adamson, and Tranter appears to be the receiver; a

man must be actually present, aiding and abetting to constitute him a principal.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-41

950. MARIA CRAWFORD was indicted for feloniously stealing on the 24th day of September last, one silver watch, value 20 s. one chain, value 6 d. one seal, value 6 d. another seal, value 2 d. a pair of jean breeches, value 2 s. a pair of stockings, value 12 d. a pair of shoes, value 12 d. a pair of buckles, value 18 d. and seven shillings in monies numbered , the property of William Thomas .

And STEPHEN GOULD was indicted for feloniously receiving, on the same day, the same watch, chain, and seals, knowing them to have been stolen .

WILLIAM THOMAS sworn.

On the 24th of September in the morning; I awaked in my own lodging, and I missed my watch, which hung over my head, and my breeches, shoes and stockings and buckles were gone, and seven shillings.

What time did you go to bed? - About two.

Drunk or sober? - In liquor; I cannot be sure the prisoner is the woman that slept with me.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-42

951. JOHN DAVIS was indicted for burglariously and feloniously breaking and entering the dwelling house of Nicholas Bond , about the hour of one in the night, on the 15th of October , and burglariously stealing therein 40 lb. weight of mutton, value 12 s. his property.

The prosecutor not being able to swear to the mutton, and there being no evidence but the prisoner's own confession, and which was obtained from him under promise of favour, he was ACQUITTED .

Tried by the second Middlesex Jury, before Mr. RECORDER.

Reference Number: t17851019-43

952. SARAH HARRIS was indicted for feloniously breaking and entering the dwelling house of Thomas Batley on the 7th of October , between the hours of six and seven in the forenoon, Prudence, the wife of the said Thomas, then being therein, and feloniously stealing therein one man's hat, value 10 s. one shirt, value 12 d. two aprons, value 2 s. one pair of shoes, value 3 s. two pair of stuff shoes, value 8 s. one woman's bed-gown, value 6 d. the property of the said Thomas .

THOMAS BATLEY sworn.

I went out between six and seven to my work, to my shop opposite, on the 7th of October, and I observed that the latch catched; in a few minutes after there was an alarm of this robbery, and my son ran after the prisoner, and brought her back with the things in her apron.

(The things deposed to.)

THOMAS BATLEY , jun. sworn.

The apprentice gave the alarm, and I pursued and took the prisoner about two hundred yards off, with the things in her apron.

- WESTON sworn.

I saw the prisoner open the door, and go in and come out again, I am sure of her for she had but one stocking on.

PRISONER's DEFENCE.

I was coming by that man's house, and

a woman was standing at the door, and she asked me to carry these things.

GUILTY. Of stealing the things, but not of breaking the house .

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

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

Reference Number: t17851019-44

953. ANN TAYLOR was indicted for feloniously stealing on the 14th day of October , two cotton gowns, value 30 s. a stuff petticoat, value 6 s. one cotton petticoat, value 3 s. five pair of cotton stockings, value 5 s. five linen aprons, value 5 s. four muslin handkerchiefs, value 1 s. one muslin cap, value 1 s. a black silk cloak, value 5 s. a pair of woman's stuff shoes, value 2 s. a pair of metal shoe buckles, value 1 s. four muslin handkerchiefs, value 2 s. one linen ditto, value 6 d. seven linen clouts, value 2 s. two shifts, value 4 s. one dimity bed-gown, value 2 s. two yards of thread lace, value 6 d. one linen night-cap, value 6 d. the property of Lewis Cracknell , in the dwelling house of John Nightingale .

ELIZABETH CRACKNELL sworn.

I am wife to Lewis Cracknell , I live in Broad-street, Grosvenor-place , my husband is abroad, I am a lodger in the house of John Nightingale , on Friday last I lost the things mentioned in the indictment, I missed them about half past ten, out of the three pair of stairs back garret, I went out about seven, and I came in about half past ten; the prisoner had slept with me from the Wednesday night, when I came home she was gone, and the key was in the door, I had part of my goods again at her lodgings, at Mr. Green's a cheesemonger, in Henrietta-street, on Saturday morning; this was Friday; I found out where she lodged by an acquaintance of her's; I found there, a black cloak, a stuff petticoat, and a cotton gown, a linen gown, another cotton gown, four aprons, four pair of stockings, one bed-gown, seven clouts, one pair of shoes, one pair of buckles, four handkerchiefs, one nightcap, one cap not made up, four handkerchiefs, and one small box.

Was any body with her in the room? - No; Mrs. Nightingale went with me:

(The things deposed to.)

I lost nothing more besides what is in the indictment; I have not found the rest of my things.

Mr. Garrow, prisoner's counsel. Be so good as to tell me what had passed between this young woman and you before she produced the things? - She produced them to Mrs. Nightingale, I was not present.

Had you made her any promise that she should not be hurt? - No.

Did you make her any promise yourself? - No.

How long has your husband been abroad? - Five months.

How long have you been married? - A year and half.

Where was you married? - At Acton.

RUTH NIGHTINGALE sworn.

The prosecutrix lodges in my house, the prisoner came in about seven, and made an excuse to comb her head, and we never saw any more of her till the next day, when we found the property on her; I gave her the key to let herself in about seven.

Mr. Garrow. What passed between you before she produced these things? - Nothing at all.

Had you no conversation? - None in the least, I went into the room and asked her how she came to take the property away, she made me no answer; I said, what have you done with the things, deliver them up, she said she would.

Did you tell her it would be better for her? - I never did; I asked her where the remainder of the things were, and she said she did not know.

SAMUEL PACE sworn.

I apprehended the prisoner, and saw these

things in the room, as we went in the coach I asked her where the rest of the the things were, and she gave me two duplicates of two small parcels, one for a shilling and another for eighteen pence; there is a pair of stockings, a handkerchief, and two aprons, they are among these things.

Prisoner. I leave it to my councel.

Court. What way of life have you been in? - I have been brought up by an aunt.

How old are you? - Nineteen.

- EXTON sworn.

I live at Knightsbridge, I am a butcher, I have known the prisoner from a child, I take her to be eighteen or nineteen, I paid for her schooling at Uppingham in Rutlandshire, about six or seven years, she has been in London five or six years, I never heard any thing against the character of the child till this time, her aunt has kept her very genteel.

Mrs. TAYLOR sworn.

This unfortunate young woman is my niece, I have supported her and paid for her schooling, she has been in London to the best of my knowledge four years come March, she has been in one service, she has been almost chiefly supported by me, she has left that place above a year, I have had her to keep these seven months, she has not left me above two months, I never had any complaints of her conduct as to honesty.

Court. Do you know how she happened to fall in with this Mrs. Cracknell? - I do not know.

Had she got into any bad connections? - I am not clear as to that.

The prisoner called two more witnesses to her character.

GUILTY, 39 s.

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

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

Reference Number: t17851019-45

954. JAMES SCOTT , THOMAS PICKERING , and SUSANNAH JOHNSON were indicted for feloniously coining a farthing, against the statute , October 7th .

(The case opened by Mr. Silvester.)

WILLIAM BOWYER sworn.

On the 7th instant, between five and six in the afternoon, I went on an information to Widegate-alley, Bishopsgate-street , to Scott's house, I went in at a window from a back-yard, and then down stairs into a back kitchen, and there I found a door fast that went into a front kitchen, Morant who was with me, knocked at the door, they asked who was there, he said, a friend; I opened the door, and the three prisoners were close to the press, the two men were without coats or hats, the woman without a bonnet or cloak, but in her usual dress, there were a large quantity of blanks on one side the press, with a die set, and several farthings on the other side; these I took from under the press; the men were dirty, the woman had on a white apron, I heard Clarke say when he looked at her hands, I am very sorry for you.

Mr. Garrow, prisoner's councel. There was some brandy? - Yes.

Had you any of the brandy? - No; the woman said she came to give them some brandy.

SAMUEL MAYNARD sworn.

On the 7th of October, I went to this house with Mr. Clark and some other officers; Bowyer and Morant and me went down through Scott's house, through the shop into his kitchen; Morant knocked at the door, they asked who was there, he said, a friend, Bowyer laid hold of the door and strove to wrench it open, I stood exactly in the middle of the door, and as it split down I saw the woman (Mrs. Johnson she called herself,) get up by the press, the men were on each side of the press; she then stooped right before Pickering, I laid hold of him, there were a great many blanks struck on one side and the other.

Mr. Garrow. Did you drink any of the bra ndy? - Morant had a little, and I had a drop.

It was very good I hope? - There was a bottle of brandy there, and there it was left.

Where was this? - In London.

Where did you carry the prisoners to? - To Bow-street.

So you gave Guildhall and the Mansion-house the go-by? - I went according to orders.

JOHN CLARKE sworn.

I went to Widegate-alley, on an information which was given to Bow-street, that there was coining in a house adjoining to the prisoner Scott's, and that the way of going into that house, was through the shop, through the kitchen, and to throw up the window, and go into the adjoining cellar at the yard door, and we should find the people at work; being lame I was not so nimble as I formerly have been, and the other officers went in first, I left the prisoner in custody, and went and searched, I saw the three prisoners, the two men were without clothes, the woman without a cloak or bonnet; there were dies fixed in the press, and a quantity of blanks: I was then curious to look at the woman, and I said then, and I say now, I was sorry to see any woman in that situation, I examined the woman, and I have not a doubt -

Mr. Garrow. I must stop you, you are the last man I should stop; but I should object the same if my Lord Mayor was a witness? - I have not a doubt, Sir, but you would object to my Lord Mayor: I am sure the woman had been handling of copper.

Did you examine her hands? - I did indeed, and I repeated the words to her, good woman, I am sorry for you!

Were her hands dirty? - They were.

Court. Were her hands black as if she had been handling copper? - There is no doubt, it is certainly a fact, there was a mark where the blanks and things had been handled.

Describe in what manner this business is done? - There were three people in the cellar, they were locked up, when those springs are in, and the press runs up to the screw, it comes to its purchase, and these springs raise it up again, therefore it must require more strength than if they were in the press; here are the two dies that were fixed in the press at the time, and a quantity of blanks: there is a hole sunk in the earth, in order that the press might not come over their head, therefore they are covered in the earth, that the fly of the press might have more effect.

How many people are employed at this business of coining? - The only practice that has been proved in this Court, is three, one each end of the fly, and another to feed the press.

Mr. Garrow, Prisoner Johnson's Council. Do you know anything of the practice of coiners in making farthings, but by hearsay? - I do not.

Then you do not mean to swear that farthings are not sometimes made by coiners without the assistance of a third person? - It is impossible for me to swear that.

How were the woman's hands, dirty? - Her left hand was dirty in the palm, and all the way up.

Do you remember her shewing her hands to the Magistrate, and saying they were clean? - I do.

And she said that, therefore, she could not be employed in coining? - She did.

Then did you say to her, your hands were dirty, but you have wiped them on your apron? - No, I did not.

Had she any opportunity of washing her hands? - No.

Prisoners Pickering and Scott. My Lord, we are both guilty, we would not wish to give the Court any trouble, but the woman is innocent.

The prisoner Susannah Johnson called one witness to her character.

JAMES SCOTT , THOMAS PICKERING ,

GUILTY .

SUSANNAH JOHNSON , NOT GUILTY .

The two prisoners, Scott and Pickering, having been once before convicted for a similar offence, and had the benefit of the clergy, the Counsel for the prosecution prayed that judgment of Death might be passed upon them pursuant to the statute.

(The record of the former conviction of James Scott , read by the Clerk of the Arraigns.)

Court to Scott. You hear this plea, on the part of the Crown, which states, that you have before been convicted of felony, and prayed the benefit of the statute, which has been allowed to you; the law is, that no person can twice claim that benefit; therefore, it avers that you are the same person to whom the benefit of clergy was allowed on a former occasion; you have a right to deny that fact.

Mr. Garrow. I recommend it to you to deny that there is any such record, and that if there is, you are not the person.

Prisoner Scott. I any those facts, I am not the man.

Court to Prisoner. When the Jury are called over, you have a right to object to any of them, if you will.

The Jury called over, and not being objected to, they were sworn as follows.

"You shall well and truly try the issue

"joined between our Lord the King, and

"the prisoner; whether the prisoner at the

"bar, James Scott , was convicted of felony

"at the Old Bailey, on Wednesday the

"16th of October, in the twenty-second

"year of his present Majesty's reign, and

"whether he is the same person that was

"tried and convicted, and received the

"benefit of his clergy."

Mr. Garrow examined the counter plea, and observed a variance, the record of conviction saying, the prisoner was tried before Sir George Nares , Knt. and the counter plea stating only Sir George Nares , and it went on to state that he was tried upon an indictment, for that one William Voteer , late of the liberty, & c. without giving the Court that tried that Voteer, any jurisdiction to make that enquiry.

Mr. Garrow My Lord, the plea varies from the record, but that is not all, it does not state by force and arms, there is a difference in the essential part of the record; the conviction set out in this plea, may be a conviction had at York.

Mr. Silvester. The counter plea does not profess to state the indictment.

Mr. Garrow. It says upon an indictment for that, & c.

Mr. Silvester. The counter plea has nothing to do with the jurisdiction in this record, it does not profess to set forth the whole record of this man's conviction, but states the fact, that the prisoner has had his clergy once.

The Court reserved the objection.

JOHN TOWNSEND sworn.

Do you know Scott? - Yes, perfectly well.

Was you present in Court here when he was tried? - I was, it was in January Sessions, 1782, I put him to the bar myself, he was tried with Isaac Voteer and Dean.

Is that the same man? - Yes.

Mr. Garrow. Do you know whether he was acquitted? - I heard the Court pass sentence immediately, of a fine of one shilling, and twelve months imprisonment; the Court passed sentence immediately, on account of the lameness of Isaac Voteer .

Court to Jury. This is a novel prosecution, the general law of the kingdom most undoubtedly is that what is called the benefit of clergy, shall not be allowed to any man twice: in all cases of felony, excepting where it is expressly taken away by act of parliament, by the common law of the kingdom the benefit of clergy was allowed; the reason and origin of which began in times very different from the present, and when the church enjoyed very peculiar privileges as distinguished from the laity; the privilege in question, was in fact the benefit of clergy, for it was a privilege peculiar to those in holy orders; distinguished from others, that

though the punishment of the law was death to men in general, yet they had the privilege of not suffering death, in those cases where another man would: in process of time the humanity of the government, and the liberal principles of the law, extended that privilege, by fiction and implication, to all those who could read, for that was considered as a sort of test, and the question whether the culprit was a clerk or not was extended to the enquiry, whether he could read or no; so much of the original of it was retained down to the very modern period; but women were not entitled to this very valuable privilege, for it could not be presumed that they could be clerks in holy orders, and therefore women were allowed to be executed: but by acts of parliament in more modern times, the benefit of clergy, which is and ought to be, if allowed at all, allowed without distinction, and without any reference to the cause of it, was allowed to all persons who committed simple felonies, and taken away from particular offences; and the law holds it shall not be taken away by any act of parliament, even where the law says he shall suffer death, unless the words are added without benefit of clergy; so that, as the law now stands, every man found guilty of any crime from which the benefit of clergy is not taken away, shall, upon praying it have it: but the law says, that though this indulgence shall be once allowed to a man that commits a lesser felony, he shall not be repeatedly intitled to it, and that he shall not be entitled to it a second time: the prisoner Scott has been convicted by your former verdict of an offence for which he is intitled of right to demand the benefit of his clergy, and he has so demanded it by praying the benefit of the statute, to which, say they, on the part of the crown, he is in a situation that does not entitle him so that privilege, for he has received that benefit once, therefore we object to its being allowed to him another time; and they have put into court a plea, which states, that he was tried for felony, and convicted, and prayed the benefit of the statute, which was allowed him, and they say that the said James Scott now at the bar, whom you have convicted, is the same, and by conclusion of law cannot be entitled to it again: James Scott denies that, he denies all the facts in the plea, he says further, if there was any such conviction, he is not the same person: the record is now produced and read of the conviction of a James Scott , upon which some questions of law arise, about which it is unnecessary to trouble you, because your verdict will not affect those questions one way or the other: Townsend swears the prisoner is the same James Scott , you are therefore to decide whether the evidence of this witness is sufficient to satisfy you that the James Scott at the bar, is the same man that was before tried, which is the only question for you to decide; if you find that he is the same man, and if the proceedings are sufficient against him, he will receive judgment of death; if you have any doubt he is not the same man, you will say so, and in that case he will receive a sentence, such as the offence may deserve upon the indictment, on which he was before convicted.

Mr. Shelton, Clerk of the Arraigns. Gentlemen of the Jury, do you find for the Crown or the prisoner?

Jury. For the Crown.

Mr. Garrow. If your Lordship pleases, that the sentence may be respited.

Court. Certainly.

GUILTY, Death, Sentence respited .

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

Reference Number: t17851019-45

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 19th of October, 1785, and the following Days;

Being the EIGHTH 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 VIII. PART V.

LONDON:

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

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of J. Scott and T. Pickering.

Mr. Shelton to Thomas Pickering . Hold up your hand, you stand convicted of felony, what have you to say for yourself why this Court should not give you judgment to die according to law.

The counter plea read and examined with the record by Mr. Garrow.

Mr. Garrow. My Lord, I submit that after this is filed, and read to the prisoner, the Court will not suffer the Crown to correct it.

Court to Prisoner Pickering. Do you deny the truth of this counter plea or admit it? - I deny it.

The Sheriff returned the same Jury.

(The Jury sworn.)

- FRYER sworn.

(Produced a copy of the Record.)

This is a true copy.

Mr. Garrow. My Lord, here is an objection in this case, which seems to me to be fatal, it is said that it was presented in manner and form following, it is essential to that, that it should be after the twentieth day.

Mr. Silvester. The whole of it is surplusage.

Court. Gentlemen of the Jury, in this case you will not be troubled with the trial of the issue, for the plea put in is clearly wrong in point of law; therefore I am to direct you to find the verdict for the prisoner.

Verdict for the prisoner.

Court to Prisoner. You have had the good fortune to escape the danger under which your companion still labours, by a mere mistake in point of law, which I am bound to allow you, but with an admonition, that you will avoid the danger in future, which you have subjected yourself to, and which it might have been expected you would have avoided after your first conviction; but unhappily for you it has proved otherwise, and you have brought yourself into a situation by which you would have forfeited your life, and that with great justice; but under the circumstances that have occurred,

your sentence is to be fined 1 s. and imprisoned twelve months in Newgate .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-46

955. WILLIAM WOODWARD and WILLIAM HARDING were indicted for feloniously stealing, on the 8th day of September last, one box, value 6 d. one silk gown, value 3 l. a printed cotton gown, value 20 s. a petticoat, value 20 s. a muslin apron, value 6 s. four handkerchiefs, value 15 s. one silk handkerchief, value 5 s. one guinea, value 1 l. 1 s. and one shilling, the property of Jane Morris , spinster, in the dwelling house of Sarah Lunn .

The witnesses examined apart at the request of Mr. Peatt, prisoners Counsel.

JANE MORRIS sworn.

I lost a box of clothes on the 8th of September, at No. 59, in Jewin-street ; I lodged there, it was in the parlour; I was out, I returned between eight and nine, the box was gone; I left the person I lodge with, Sarah London , at home; my room door was not locked.

Mr. Peatt. What is your landlady's name? - Sarah London .

Mr. Peatt. My Lord, I beg leave to observe it is Lunn in the indictment.

Court. That objection goes to the capital part of the indictment beyond all doubt.

Prosecutrix. I found one gown at Mr. Berry's in Aldersgate-street; I never found the box; and at Mr. Cordy's, I found two yards of silk belonging to the gown; I took up the woman that pawned these things; the prisoner Harding was taken up that night, and the other the next day.

JOHN CORDY BAXTER sworn.

Produced a silk gown pledged for 18 s. in the name of Mary Harding , on the 9th of September, in the forenoon.

Prosecutrix. I know the silk, I am sure of it, because of the colour, and there are just two yards of it.

PHILIP CROCKFORD sworn.

Produced a chintz gown, pledged in the name of Mary Richardson .

RUTH RICHARDSON sworn.

I live with the prisoner Harding, I pledged this gown at Mr. Berry's; I received it of the prisoners in my own room, they came in together, I saw nothing else brought, there were two gowns, a piece of silk, and an apron; I pledged the apron at Mr. Cordy's, and the silk gown and the piece of silk; I returned the money to Woodward; I asked where they got them, they bid me ask no questions; I pledged them because I knew Harding would beat me if I refused to pledge them.

GEORGE PRETTY sworn.

Produced a gown pledged by Ruth Richardson .

(Deposed to.)

Prisoner Woodward. I leave my defence to my counsel.

PRISONER HARDING's DEFENCE.

I know nothing of the things, they were delivered to me by a friend, and I came to ask that young woman to pledge them.

The prisoner Woodward called three witnesses to his character.

The prisoner Harding called three witnesses to his character.

BOTH GUILTY Of stealing . Fined 1 s.

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-47

956. The said GEORGE WOODWARD and WILLIAM HARDING

were again indicted for feloniously stealing, on the 10th of September , four pair of woman's stuff shoes, value 10 s. two pair of leather shoes, value 7 s. 6 d. the property of Jarvis Adams .

BOTH NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-48

957. JOHN BREWER and JOHN BURMAN were indicted for feloniously stealing, on the 22d day of September last, eight bushels of malt, value 30 s. the property of William Clarke .

WILLIAM CLARKE sworn.

I am a seafaring man , I have lost some malt out of the Endeavour sloop, of which I was master, she laid at Lady Parsons's stairs, Wapping , on the 22d of September; I was on shore about half after seven at night, and at about eight I went to bed, and after I was in bed about half an hour, I thought I heard some noise upon deck, I immediately came up and looked forward, and saw two of my own lads with one man and two watermen, in a boat along-side, robbing the vessel; they had been letting down three sacks of malt in this boat, I saw them let down one sack, what was in the sack I cannot swear to; I heard one of my men, which is the prisoner Burman, say to another, go into the boat and receive the sack, for fear he should row away and not pay us; then the man at the bar and another waterman had the boat-hook fastened on to my shroud; I wrung it out of his hand and I struck it in between his shoulders, and I held him fast some time; then the man I had struck took up a scull and struck at me which made me loose my hold, I had nothing but my shirt on, and he got away by main strength; the two watermen, one of which is the prisoner Brewer, ran away with the corn in the boat; I took my own servants on shore, and the young one told me who had the corn; I took my own man Burman, and another on his evidence: I know the man at the bar, I am sure he was the other waterman; they had three sacks when they rowed away: I found two sacks of malt, and some more in a basket, at a baker's in the Borough; he said he bought it, I asked him of whom; I told him I should take both him and the malt, for it was mine; there was no mark on the sacks, but I lost a quantity of malt; I found Brewer, and asked him what he had done with the malt he robbed me of the night before; he said he had sold it to a baker.

WILLIAM WHITEWAY sworn.

I took the prisoner Brewer, I went to a baker's, in the cellar, there we saw some malt, which the baker said he had bought of the prisoner Brewer; I took the prisoner just before, and brought him to the baker's, and he confessed there he had sold it to this baker; he said he had bought it of the lads, he would not acknowledge to the stealing of it.

JONATHAN WARREN sworn.

I belong to the sloop, so did the prisoner Burman; I was concerned in handing this malt over int o this boat; it was a waterman's boat, I do not know the waterman, Burman had been persuading this lad to get it; I handed over eight bushels and a half, which was the three sacks; the prisoner Burman was in the boat, the prisoner Brewer was the purlman; my master caught us handing over the third sack; I am certain sure this is the man, he has been on board us before.

Why did you let this bad man persuade you to rob your master, is not this the high road to the gallows? - This lad said, if I would be ruled by him, I should always have a shilling in my pocket.

If you are ruled by him, you will come to be hanged: how old are you? - Fourteen.

Prosecutor. Burman is about twenty-two, he has been a very bad lad.

PRISONER BREWER's DEFENCE.

The accomplice called me, and I thought he wanted purl, and he told me he wanted to speak to me; somebody happened to come out of the cabin, and he says call by and by, so I shoved off; he came there after dinner, and took this opportunity and called me along-side again, he said there will be a couple of sacks for you if you come along-side at eight; says I, what must I give you? says he, eight shillings a sack; it was agreed on; he says mind and do not disappoint me; there were eight bushels and a half, so I hired a waterman that came up from Deptford, and he would not go for less than five shillings; after I came along-side, the boy was upon deck, he said, come put the boat under the bows, you shall have it directly, he jumped in the boat, and I gave him eleven shillings that night, I was to give him five shillings more the next morning; I am from Dantzic; so the master came upon deck, and he could not see how many sacks there were, for I put my great coat over them; the master came and held the boat with the boat-hook; I rowed away with the grain, and landed and got it carried to -

Court. Are you aware that you are confessing that you stole this malt? - No, I never was on board the ship.

Do you think that that subterfuge will be of any use to you; you go and deal with boys, do you think you are not a thief? - I never was on board a ship.

You may be a thief and never be on board, so the Jury will presently tell you.

PRISONER BURMAN's DEFENCE.

I never got the corn, it was the evidence.

The prisoner Brewer called two witnesses to his character.

BOTH GUILTY .

Each transported for seven years .

Court to Prosecutor. What have you done with the man that bought the malt? - He was committed to Newgate, and Mrs. Clarke was bound over to prosecute.

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

Reference Number: t17851019-49

958. SUSANNAH MARTIN was indicted for feloniously stealing, on the 24th of September last, three cotton valens of a bed, value 2 s. two curtains, value 7 s. a pair of linen sheets, value 12 s. a blanket, value 3 s. a tea-kettle, value 2 s. a candlestick, value 1 s. a looking-glass, value 3 s. one pair of tongs, value 6 d. two flat irons, value 1 s. 6 d. the property of Thomas Godfrey , being in a certain lodging room let by him to the said Susannah, and to be used by her with the said lodging, against the statute .

JANE GODFREY sworn.

I am wife to the prosecutor, the prisoner lodged a week at our house, I missed nothing till she was gone away, then I missed the things in the indictment; these things were in her lodgings when I delivered the key to her; she went away and took the key; I found part of the things at the pawnbroker's.

JOHN MASON sworn.

Here is a pair of sheets, a tea-kettle, a candlestick, and looking-glass, pawned by a woman that frequently came with the prisoner, for the prisoner, I knew her for five months.

(The sheets deposed to.)

- TAMSTONE sworn.

I am a broker, I had these things of the prisoner, I knew her, I bought things of her which I knew to be her own some years back; here are two curtains, and the valens.

Prisoner. The prosecutrix promised upon the word of a woman to take out the things for me, and I was to pay her a shilling a week; I only left the curtains and valens with the broker for a little money;

I did not sell them, he promised to return me the curtains if I would let him have connections with me for the seven shillings; I said no, I would not, he swore an oath, and said, I had better think of it; I said you have a wife and family.

Thompson. I was out in the morning when these curtains were brought to my house, I came to my door, the prisoner was in my shop, and another with her, there was a neighbour's daughter at the door who heard every word, and would have bought them if I had not; I did not know the prisoner at first; I agreed to give her 7 s. for the curtains and valens; however, when she went out one of the neighbours observed something, she said, and the two women whispered together, I heard nothing, I was going to a sale, I went to the stable-yard, and stood at the door of an old acquaintance, and saw the two women come together; my wife said, this woman use to come past our door sometime ago in a miserable condition.

Is the account she gives true or not? - It is not true, not a word of it.

GUILTY .

Privately whipped , and imprisoned twelve months in the house of correction .

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

Reference Number: t17851019-50

959. ELIZABETH WEST and MARY CONOLLY were indicted for feloniously stealing, on the 13th day of October , one stuff shoe, value 6 d. and one silver shoe-buckle, value 8 s. the property of Sophia Stokes , spinster .

SOPHIA STOKES sworn.

I work at my needle; I lost my shoe and buckle, I got my shoe again, but not my buckle; it was brought me by a watchman, who is not here, I was at the Waterman's Arms, drinking with a friend in Wapping-street , between eight and nine, I cannot positively say, that this woman took my shoe and buckle; I was sitting on the bench; I slipt my shoe down at heel, and these two women were just by, and I immediately missed my shoe and buckle, a seafaring man said he saw them take it, but he is not here.

JOHN HARRIS sworn.

Last Friday was a week I bought a buckle of the prisoner Conolly; I am a watch-maker and silversmith, I am sure it was the prisoner, I did not know her before.

What buckle is it? - A silver buckle; on the Thursday night, I bought it on the 13th.

Court to Haris. What time did you buy it? - About seven.

Recollect the time as well as you can? - It was some where about seven o'clock.

Stokes. I missed my buckle between seven and eight, I missed it instantly.

What was you drinking? - Part of a pot of ale.

Harris. The prisoner Conolly came to me to know if I could make a fellow to that buckle by Saturday night, I told her it was impossible; I live a quarter of a mile off; I told her it would come to thirteen shillings; the prisoners were both in company, I would not buy it the first time they came, and they came again, and a young man with them, and said, I had no occasion to fear, for he gave them the buckle.

(The buckle produced, and the fellow of it by the prosecutrix)

PRISONER CONOLLY's DEFENCE.

I was coming out of the house, and I kicked the buckle and shoe before me, and this young woman followed me, and we went and sold it about half an hour after, I asked twice whose buckle it was, and nobody owned it, so then I went out of the house.

BOTH NOT GUILTY .

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

Reference Number: t17851019-51

960. THOMAS KING and WILWIAM JACKSON were indicted for feloniously stealing on the 9th day of October , six live geese, value 30 s. two live ducks, value 2 s. the property of William Saffield .

WILLIAM SAFFIELD sworn.

I live at Hillingdon , I lost six geese and two ducks, the geese and ducks were all killed, I said how they were marked before ever I saw them, I saw them at Mr. Whitehead's house.

JAMES WHITEHEAD sworn.

I live at Acton, I am a publican; on Monday morning the 10th of October, I saw the two prisoners passing the road for London, King had a little small basket, and Jackson had a large bag on his back with six geese and two ducks in it, they were dead, I made the prisoner put down the bags and there were the geese and the ducks, we took the prisoner Jackson and the things, King threw down his basket and ran off, and I sent a young man and a horse after him, and I sent another man or two on foot, and he was taken at Turnham-green, the prosecutor saw them and swore to them, he spoke of the marks before he saw them; he had some quinces in the basket.

PRISONER KING.

I had been at Becclesfield and the other prisoner, and we found the bag with the geese and ducks.

BOTH GUILTY .

Transported for seven years .

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

Reference Number: t17851019-52

961. JOHN WOOD was indicted for feloniously stealing on the 20th day of September , one sow pig, price 28 s. the property of John Thornton .

JOHN THORNTON sworn.

I lost a sow pig on the 20th of September last, I saw it the same day about eleven before my door, on the outside with another, I did not miss it till night, I found the pig in Wingfield-street at the prisoner's, in the house on the further end, on the side of the bed, it was alive; I described it as a white sow, I asked him if he had such a one, he said he lost one but it was a black and white one, and had found it again, I asked him to let me look at that pig which he had, he said he would give me his word that was not the pig, I asked him to let me look at it, it was penned up in a little close place, he opened the door about half way, he said, you see the pig is not yours, immediately my white sow rushed out from behind the black and white one; it was a place parted off with some kind of laths, I did not take particular notice, it was closed off from the rest of the room, I called him a d - nd rascal, he then said it was a woman's sow, and soon after that, he said it was his own, he said he bought it of a man in a green coat, I said it was mine, and to convince him she would run home to my house, he said that was no proof, for a strange sow would run into any body's house, there was a mark in the side as if it was intended for Smithfield, he lived from me above half a mile, or three quarters; he desired me to let it rest a few days while he got the dealer he bought it of, I immediately went to the Rotation-office in Whitechapel, and brought back an officer to his house, I then offered to let it loose, and he said I should have it without that, on Monday he brought several people out of Petticoat-lane to swear to the sow, that they sold it him, strangers that I never saw in my life, I let them all look at it, and none of them would have any thing at all to do with it, but left him; I am perfectly convinced it is my sow, I have no mark, but I know it by the ring, I knew it immediately as I saw it, the sow is now at my house.

By what marks do you know it? - It is all over white, except a little black over the eye, I cut the string loose, it was home five

minutes before me, I am sure the prisoner said he had but one pig at home, and that was black and white.

WILLIAM WASTE sworn.

I live at Mr. Grant's in Whitechapel-road, -

(The other two witnesses desired to go out by the Court.)

Waste. I was in my master's shop, and I saw the prisoner driving this sow along between eleven and twelve in the forenoon, on the 20th of September, it was about a dozen doors from the prosecutor's house, I heard my master ask him what he was going to do with the sow, he said he was going to catch it and take it home, a woman said I will give any man a pot of beer that will catch it, my master said he could catch it in five minutes, but he said it was not his.

Did your master know it? - I do not know that he did.

JOHN BUD sworn.

I know this sow, he had had it three months, I saw it after it was lost, it was the same sow, I live next door to the prosecutor, I saw it every day.

- ANDREWS sworn.

I apprehended the prisoner, I knew him, the stye was a place made up by the side of the room, I did not know that he kept pigs, he said, he bought the pig at Smithfield, on the Friday before, this was Friday the 23d; on Monday the prisoner appeared, and brought a young man that he bought it off, and that man gave such a slight account of the matter, that he was detained till six in the evening, and in going over the way the young man said, he would fetch his father, when the evening came no body came to speak for him, neither father or son, upon that he was committed.

Did the man say he sold Wood the pig? - He said he did.

PRISONER's DEFENCE.

I have the man that sold the pig to me.

Court. Let the prisoner's witnesses be examined separately.

JOSEPH INGRAM sworn.

I live in Old-street-road.

What are you? - A dealer in hogs.

Did you ever sell a pig to this man? - Never in my life, I sold his wife a pig, it may be a month or five weeks ago from this time, I know his wife by sight, I sell some thousands in a year.

Did you ever see that pig since? - Never.

You was not shewn this pig of the prosecutor's? - No.

What sort of pig was it? - I really forget, it was eighteen shillings, or eighteen shillings and sixpence, I believe it was a white one, as near as I can guess.

Was it black and white? - I cannot certainly say, but I believe it was a white one, there might be some black spots.

Where did you sell it to her? - In Smithfield market; I was subpoened this day by an old woman.

ELIZABETH MUNDAY sworn.

I live in Three-tun-alley.

What are you? - I deal in the streets, fish or any thing for an honest living; I saw the pig that John Wood bought on Friday the 16th of September; he lost it, I went with his wife to look for it, we could not find it, when we came home the old sow had come home before the new one; I was not with him when he found it, I saw him afterwards bringing it down the alley, between eleven and twelve, I live close by him.

Who desired you to come here as a witness? - The prisoner, I have been several days.

When did he desire you to come? - I cannot particularly say the day.

Where did you see him when he desired you to say so? - I had been to see him in the prison, I went along with his wife, as we were neighbours together.

THOMAS COLLING sworn.

I live in Dorset-street; I am a butcher

I bought a pig and gave eighteen shillings and sixpence for it, I cannot justly say the day, it was on a Friday, it was lost on a Saturday, I bought it at Smithfield, it was a white pig, as they informed me, I never saw the pig.

Court. What is the prisoner? - He sells things in the street.

Prisoner. I have a gentleman to give me a character, but his wife lays in, and he cannot leave her.

GUILTY .

Court. Under the particular circumstances that attend your case, the sentence of the law is, that you be fined one shilling and discharged.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-53

962. ROBERT ROBERTS and GEORGE RANKIN were indicted for feloniously stealing, on the 18th day of October , one hundred pounds weight of butter, value 3 l. the property of Thomas Wilcox , and Robert Wilcox .

THOMAS WILCOX sworn.

Who is your partner? - Robert Wilcox , I only speak as to the property.

GABRIEL JOHNSON sworn.

Last Tuesday evening, I saw the two prisoners, I saw Rankin with a cask of butter on his shoulder, in Newgate-street, going from Cheapside; Rankin had the butter, I turned round and followed them; Rankin pitched it down by the Horse-shoe passage, Roberts helped him down with it, Rankin sat upon it, and wrapped his coat round it, the other went away towards Cheapside; I went over to Mr. Clement's, and Mr. Holmes came with me, I asked Rankin to get up that I might look at the marks, Rankin said he did not know what it was, he was left in charge; and as I was standing, Rankin struck me over the the head, and ran off, I called out stop thief! Mr. Holmes ran after him, and he was stopped and brought back, I am sure he is the same man, the other was gone; a coach came to the Horse-shoe passage to take up the butter, and the coachman asked what he was to take up, Roberts afterwards d - d his eyes, and said if ever he got clear of this, he would do for me.

- HOLMES sworn.

I found the prisoner Rankin at the end of the Horse-shoe-passage, waiting while Roberts was gone for a coach; and I followed him and saw him stopped in St. Paul's Church-yard, I am positive to the man.

What became of the butter? - It was left in Newgate-street till the next day, he never was quite out out of my sight, he was then taken to Guildhall; I observed the marks.

(The cask produced and deposed to.)

Court to Wilcox. Do you know the cask? - I do, it is marked T. R. No. 155, it was sent by our carman between two and three o'clock on Tuesday.

JOHN EVANS sworn.

I am the carman, I was bringing two casks of butter from Marybone, from a gentleman who did not approve of it, I was bringing it back to Mr. Wilcox, I lost it between St. Paul's chain, and Watling-street, I first missed it in Watling-street, near the corner of Friday-street.

THOMAS WARREN sworn.

I heard the cry of stop thief! I went to St. Paul's Church-yard, and there I took charge of the prisoner Rankin, the prosecutor said he should know the other man if he saw him.

PRISONER RANKIN's DEFENCE.

I was coming down Newgate-street, and I met a porter who asked me to help him down with his load, I am not able to stand under such a load myself, he said he would call a coach, and I sat down upon the cask by his desire, that was my defence before.

PRISONER ROBERTS's DEFENCE.

I know nothing about it, on the day that this happened I was at a public house waiting for a young man that was bringing me home a pair of shoes, I never was out of his company till between eleven and twelve that night.

JOHN WES T sworn.

I live in Water-lane, Black-friars, I am a shoe-maker, the prisoner gave me a pair of shoes to mend last Saturday, I was to have brought them home on Monday night, but did not; I took them to the Crown, at Smithfield-bars, on Tuesday afternoon, rather before five; the prisoner Roberts was there, and we staid there till eleven, I never parted company, I was with him all the time, I never was out of his company.

Who else was in company besides the prisoner and you? - One William Marsh .

Did he come with you, or was he with the prisoner? - He went with me to carry home the shoes.

Did you find the prisoner Roberts there or did he come in after you? - He was there when I went in.

How came you to stay so long? - I do not know, I was in company, I went home at eleven my usual hour, there might be five or six in company with the prisoner.

Men or women? - No women at all, all men.

Did you sup there? - Yes.

What had you for supper? - I had a slice of bread and cheese.

What had the prisoner for supper? - I do not recollect.

What had Marsh? - I do not recollect there was anything else but bread and cheese for supper.

What had you to drink, beer or spirits? - Beer, I do not recollect I had anything but beer.

Was there any spirits called for by the company? - Not to my knowledge.

Who went away first? - We all went away together, I saw no more of them.

Was the landlord at home? - He was not at home all the time.

How do you know he was not at home? - Because he was in a different place, he was in Newgate, if I must speak plain.

What was he there for? - That I do not know, I did not understand that he was there till that night I went there.

What is the landlord's name? - James Beaman .

WILLIAM MARSH sworn.

What are you? - I am a smith.

Where do you live? - In Baldwin's gardens.

Do you know the prisoner Roberts? - Yes, very well.

Do you know the Crown at Smithfield-bars? - Yes.

Was you ever there? - Yes.

When? - Every night this week, and most part of the day, it is a house I frequently use.

Do you know the landlord? - Yes.

What he that keeps it now? - One Crabb has kept it within this day or two.

Who was the landlord when you used to frequent it? - James Beaman .

Where is he? - I believe he is in trouble.

What trouble? - I cannot say, I believe he is in Newgate about some silk, I think I have heard say.

Did you ever see the prisoner Roberts at that house? - Yes, on Tuesday night.

How came he there? - He was drinking there in the same box that I was.

Who did he come in with? - He came in by himself, I saw nobody with him.

Did you see him come in? - Yes, I did, and I asked him to drink.

How long had you been there before him? - I was there all day from about ten in the morning.

Did he join company with you when he came in? - Yes.

What time did he come in? - Between four and five.

How long did he and you stay there? -

We stopped there till eleven I suppose, or it might be something more.

Were any body else in company? - Yes, there were three or four more.

Who were there? - There was one Joseph Dean , he is at the door now, and one William Jenks, there were several in the tap-room, but nobody else that I knew in company with me and the prisoner, there were about four of us in company, there was a man that went by the name of John the footman, I did not know what his other name was, this is the man.

(Pointing to John West .)

How long did he come in before the prisoner? - The prisoner came in a good while before West.

When did West come in? - About six o'clock I believe it might be; I cannot rightly say, I believe it to be between five and six.

Did anybody come in with him? - No.

How many women were there in company? - I do not recollect ever a one.

What, not the whole evening? - No, they might come in backwards and forwards, but never to set down.

What had you for supper? - Nothing.

Had anybody anything? - Not that I saw, nobody had anything to eat while I was there.

Who went away first? - We all came away together; I was acquainted with West before, he came there about some shoes.

How long was the prisoner out during that time? - I never knew him out, not at all, only to make water, and in again.

You were there a considerable time before the prisoner? - Yes, I was there at ten in the morning, I was not out till I came out for good at eleven, I came in between four and five, and the prisoner between five and six.

Then it is not true that you went with West to help him to carry the shoes home? - I did not.

You did not come in with West? - No.

That is not true? - No.

What did you drink, beer or spirits? - Beer, and several three penny worths of gin and water.

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

BOTH GUILTY .

Court. In the first place let these two witnesses West and Marsh be committed to Newgate.

Court to Prisoners. You have both of you been convicted upon very satisfactory evidence which has perfectly convinced my mind, as well as that of the Jury, of your guilt; and from the circumstances of this case, you appear to be extremely improper and dangerous men to be suffered to go at large in this country, to have an opportunity of plundering your innocent fellow citizens; it is therefore necessary for justice, and the public safety, that I should send both of you out of the country; but I think it necessary to make a distinction in your cases now, though there was none before, for I consider the guilt of Roberts as greatly aggravated by the perjured defence he has set up in a Court of justice; I have always kept a very strict watch over perjured defences set up by witnesses, and I have thought it my duty to put these witnesses into a mode of receiving the punishment they have deserved; but I have also thought it right in all cases to increase as much as the law will permit me, the punishment of those offenders who have dared to set up such a perjured defence; for the mischief of the perjury does not merely stop in the perversion of justice in that single trial in which it is produced, but it has a tendency to deprive innocent men of the benefit of that sort of testimony, and to render it suspected even if true; these sort of defences have been so frequent, that the moment they are mentioned they are looked upon with a jealous eye, both by the Court and Jury, and the consequence of which may sometimes be to pervert the truth on the other side, and to render it not worthy of that attention it might deserve. The

sentence of the Court therefore is, that you Robert Roberts be transported to Africa for the term of seven years, and that you George Rankin be transported for the term of seven years to such place or places as his Majesty with the advice of his privy councel shall think fit to declare and appoint .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-54

963. WILLIAM CASELEY was indicted for feloniously stealing on the 6th day of October , one wooden box, value 1 s. five teaspoons, value 12 s. 6 d. a tablespoon, value 8 s. a silver punch ladle, value 6 s. a pair of stays, value 14 s. a cap, value 2 s. an apron, value 1 s. nine children's linen caps, value 2 s. four shirts, value 1 s. two clouts, value 1 s. one child's dimity robe, value 2 s. the property of John Holman Deverell , in his dwelling house .

And JAMES SCOTT was indicted for feloniously receiving the same goods, on the same day, knowing them to be stolen .

JOHN HOLMAN DEVERELL sworn.

I live in Whalebone-court, Bell-alley , on Thursday the 6th of October I went to take a walk about five in the evening to the Shepherd and Shepherdess, and on my return I heard that I had been robbed during my absence, and I suspected the prisoner Caseley.

How came you to suspect him? - Knowing his indifferent principle; he was about my house frequently, not employed by me, but he had free access to my house to eat and drink; I took him up with one Hillman, and in Hillman's pocket was a piece of flannel found, that was locked in the box that was stolen from my premises: I got a search warrant to search Scott's house; when we went there, the property was first denied by Mrs. Scott, but Mrs. Scott said that Mr. Caseley and Mr. Hillman were in the cellar with her husband, and we found in the house all the things mentioned in the indictment, the stays and cap were thrown out of the window into a gutter, and a child's bedgown and other things were thrown out of the window into the gutter.

JAMES MILNER sworn.

I searched Scott's house and found these things.

What is Scott? - He is a cheesemonger in Widegate-alley, Bishopsgate-street.

(The spoons and punch ladle deposed to, marked I. D.)

Prosecutor. There were two Stock receipts for 3 per cent. consolidated Bank Annuities in my house when I went out.

WILLIAM WILLIAMS sworn.

I saw the prisoner Caseley come in about half after seven, at one Knap's in Angel-alley, at the George, and Hillman was with him, he brought in a box and strove to open it with his hands to lift it, he pulled out a key and tried to unlock it, but the key would not go in; in about three or four minutes they went out together and took the box with them; they were gone an hour and a half, and the prosecutor was waiting for them, as soon as he saw them he pitched them both into a box and charged the watch with them; about two or three in the afternoon I went to Scott's with a search warrant, and the officer went up stairs and brought down this bundle.

Hannah Horne , the prisoner Scott's servant, saw Casley and the other man come in with the box and go down in the cellar with Scott.

The two watchmen confirmed the finding the things at the house.

Prisoner Casley. My Lord, my wife lives with the prosecutor, she and him went out.

Court. What, is she his servant? - No; he took her from me, she is my lawful wife, I have six or seven children by her, I have three children living now, it was unknown to me some time where they were, and yesterday

was fortnight she contrived to go out with him that I should take this property, and she would follow me with the rest as soon as she conveniently could; this is a fact, this man took my wife, and her properly was in this box, which was the stays and cap and other materials; as to the spoons, that this man says were his, before ever I knew that she cohabited with this man, she brought them to the house, six months before, and said they were her property; I disposed of them to Mr. Scott as such.

Court to Prosecutor. What do you say to this? - What he says concerning his wife, is doing his wife a deal of injustice, he is ruining his children, I took two of them out of Shoreditch work-house, and teach them the fear of man and the fear of God.

Court. But what do you keep the wife too? - Yes; do not think that I want to distress the man of a wife; no! I took that woman as a prostituted being from the street.

So you took her to keep her from prostitution? - I do my Lord.

Have you any children? - No; but I keep three of this man's, as they say; supposing I do live with his wife, they ought not to rob me, if I have done wrong there is a court of justice for me; these things were always in my possession, the box was mine, the punch-ladle was given me by my uncle, the linen was for the children of my first wife.

What age is this woman that lives with you? - I suppose she is about thirty.

She may have more children and it may be useful to keep the linen? - It will be so.

How long has this woman been with you? - About two years; this man has had free access of my house, they were always as intimate as could be, as far as the cupboard, but nothing further.

And so you kept these things to supply the children this woman may bring you? - Yes.

I suppose you know, if you convict this poor fellow of this offence he will be hanged, and you will have no more trouble? - No, my Lord.

Court. Let us hear no more of such a story as this; your time is too precious Gentlemen to be wasted upon such a tale as this.

Jury. My Lord, we are perfectly satisfied.

BOTH NOT GUILTY .

Tried by the first London Jury before Mr. Justice NARES.

Reference Number: t17851019-55

964. JOHN FARROL was indicted for burglariously and feloniously breaking and entering the dwelling house of Jane Morgan , spinster , about the hour of three in the night, on the 1st of October , and burglariously stealing therein one woollen jacket, value 5 s. one linen jacket, value 2 s. a pair of stuff shoes, value 12 d. a pair of buckles, value 6 d. a pack of cards, value 2 d. her property .

There being no evidence, the prisoner was ACQUITTED .

Tried by the first London Jury before Mr. Justice NARES.

Reference Number: t17851019-56

965. MARY BURCH was indicted for feloniously stealing, on the 12th of October , one cotton gown, value 8 s. one petticoat, value 8 s. one bed-gown, value 12 d. a pair of stays, value 2 s. a cloak, value 5 s. a cap, value 4 s. a hat, value 2 s. the property of Charlotte Brand , widow .

CHARLOTTE BRAND sworn.

The prisoner robbed me and stripped me of my clothes, on the 12th of this month I was coming home and accidentally I met the prisoner somewhere in Oxford-road , I cannot tell where she met me, I went home with her, but I cannot tell what part she met me in no more than the court.

You are a stranger in town? - I came from Spain but I have been in England going on these two years, I was born in Spain

my father is English, my mother is Spanish, I was brought up among English people, I live at present in Great Saint Andrew's-street.

Where had you been? - I went to see an acquaintance of mine that lived in Bird-street, I went home with the prisoner and I could not sleep all night, the prisoner spoke to me by my name, I saw her once before, she asked me to go home with her and lodge with her till morning, I was glad of it to go out of the rain, for I was all wet, and I went home with her and staid all night, in the morning I got up and I was not very well, and she said strip off all your clothes and lay down and get a sleep, you are in an honest house, I stripped some of my clothes off and kept some on, I was afraid to strip them all off, though I was not afraid of robbing me, but I thought it was not proper that I should strip.

Was any body there but her and her child? - No, but I do not like a woman to strip; in the morning I did strip off my clothes, and when I fell in sleep, she left me naked all but my shift, I waked, I looked all about, I was locked in, I made myself easy, I could not keep my eyes open, I was quite heavy, and somehow I was not very well, and so at night she came home and she told me to go about my business, and turned me out in my shift, and I cried out murder, and they got blankets to cover me.

Are you sure you was sober that night when you went to sleep? - I was sober enough; the constable found the clothes where they were pawned, they were found on the Tuesday, the prisoner was taken up the same night.

- FREEMAN sworn.

I took the prisoner to the watch-house, and found the things at different pawnbrokers; the prisoner said she pawned them to get a breakfast; no promise was made her.

The different pawnbrokers produced the things which they took in, some of the prisoner, and some of her daughter.

(Deposed to.)

PRISONER's DEFENCE.

On Sunday night, at one o'clock, I met the prosecutrix, and a man with her, they asked me to recommend them a lodging, I said I did not know I could; they asked me where I lived, and went home with me, and the man that was with her sent for two pots of beer and a quartern of gin, they desired to have my bed, and the man staid till about six, then he went away, and she sent me for a pot of hot, which cost eight-pence, and half a pint of gin, which cost four-pence; after that she sent her cap and her stays by my child; I did not know she sent them.

GUILTY .

Privately whipped , and imprisoned six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-57

966. CHARLOTTE SPRINGMORE and MARY HARRISON were indicted, for that they, on the 30th of September last, in the King's highway, in a certain public street called Catherine-wheel-alley , unlawfully, wilfully, maliciously, and feloniously, did make an assault upon Susannah Edhouse , with intent to burn, spoil, and destroy her clothes, and did spoil, burn, and deface, a certain garment of her the said Susannah, being one cloth cotton gown, value 10 s. her property, being part of the apparel which she had on her person, and then wore .

A second count, for making an assault on her, with intent to spoil and deface the garments and clothes of the said Susannah, and then and there spoiling and defacing the same.

(The case opened by Mr. Silvester.)

SUSANNAH EDHOUSE sworn.

I live in Wingfield-street, opposite Catherine-wheel-alley, at the sign of the Black Swan, a gin shop, and public house, at nine o'clock on Friday the 30th of September, I was crossing the way, the two

prisoners were standing together at the usual place, and Mary Harrison and Charlotte Springmore said to one another, there are so many fly whores now it is impossible for a public where to get her living; they said so because I live with two single men, and they said a great many words which are scandalous to mention, and they immediately followed me down the Alley; the prisoner Springmore had chucked something at me before on that evening, and therefore I turned my head over my shoulder, and kept looking behind me; just as I got to the corner I saw Mary Harrison throw something upon me, and out of a cup or small slop bason on the right side of my clothes, and I clapped my gown together; I shewed it to my master, and the gown was burnt very much, my master threw cold water upon it directly; the constable has the gown.

(The gown produced, burned through and through.)

Mr. Garrow, prisoner's counsel. Are these holes in consequence of that stuff being thrown on? - Yes.

What are you? - I am only servant, I am not mistress.

A little bit of jealousy, I suppose? - I never had any words with them.

Who was it that told you that you could not do any thing to them for burning your clothes in the house? - One of the clerks at Hick's Hall.

At that time had you made any complaint of any thing being thrown upon you in the street? - No.

This is a gin shop? - Yes.

I am afraid these women consume a great deal of their money there? - What they wanted they had.

Do you remember their coming in on the evening when this happened? - Yes, they followed me in directly.

What did they do with this cup or bason? - Springmore had it in her hand when I came in.

Was Mr. Wawill there? - Yes, he is a tallow-chandler.

Did not you say your own was buret but did not know by whom? - No, I did not, I went to the Justice, and made my complaint, and the women were discharged.

Then Mr. Wawill went to the Justice after? - Yes.

And Mr. Wawill was very angry with the Justice for discharging them? - Yes.

Court. What complaint did you make at first to the Justice? - About this burning my handkerchief on the Monday night before, and on the Friday night following, that was the complaint I made to the Justice.

You went there by the advice of Mr. Wawill? - Yes.

How came you then not to tell the Justice of what they had done in Catherine-wheel-alley, this had happened in Catherine-wheel-alley before you went to the Justice's? - Yes.

And did you tell the Justice of this that had been done in the Alley when you went? - Yes.

Are you sure of that? - Yes.

Recollect yourself; was not the gown that you have produced burnt in the manner it is by what they did in the house? - No, there were these small holes burnt in the house, but not those large ones; I am clear in that; I had the gown on when I went to the Justice, I told him that some part was burnt in the house, and the remainder in the street at nine in the evening.

Mr. Silvester. Who was the Justice? - Justice Staples in Whitechapel.

ABRAHAM WAWILL sworn.

I am a tallowchandler in Wentworth-street, Spital-fields; as I was returning home from Whitechapel through Catherine-wheel-alley, about nine, I met Susannah Edhouse with some beer in her hand, and the two prisoners at the bar behind her, I then passed them, and went to the public house where this girl lives, the Black Swan in Rose-lane, which is three doors from my house, and my house is opposite Catherine-wheel-alley, across the road, I went into the

bar, and set down with the landlord, and had a pint of beer, and before I drank any of the beer I saw these two girls go out of the tap-room, and in five or six minutes the prosecutrix came in and said the two prisoners had burnt her again, upon which I said, then they burnt you when I passed you, for one of them had a small cup in her hand, the girl came into the bar where I was, and the master took up the gown, and it burnt his fingers, and turned them quite yellow, and I took it up, and it burnt my fingers; I says to the master, sure there is some law for this, or else we shall all be burnt; so I went to Mr. Quarril's, and he says, go and take them, and keep them as felons; there is no occasion for a warrant, for I have no warrants, or else I would make out one, so an officer came back, and the prisoners were sitting in the Swan tap-room, and they were taken to the watch-house; and the next day at twelve, I went to the Excise-office to pay my duty, and when I returned I saw them at large in the streets, which rather surprised me, and I went up to Mr. Staples and enquired into it, and they were taken up again, and they were committed; when the girl came in and said she was burnt, it shot into my head directly.

Mr. Garrow. You did not see them do anything with the cup? - No.

I have your examination here, in which you positively swore that you saw them throw it? - Upon a second recollection, I said I saw a movement of the hand, which you will see in the second examination.

(Reads his examination.)

"I saw either the said Charlotte or Mary

"throw some liquid out of a cup or earthen

"vessel upon the clothes of the said Susannah

"Edhouse."

How long have you used this gin-shop? - I have used it for beer these four years; the two prisoners stood over there.

They were unfortunate prostitutes, that were great nuisances to you? - Yes.

You wished to get rid of them? - Yes, they have a right to be got rid of.

Certainly, by legal means, but not by bringing prosecutions, which they do not deserve.

Court to Prosecutrix. I think you told me that your head was turned round, and that you saw Mary Harrison throw something upon you? - Yes.

How long since have you recollected that? - The very moment it was done.

But you had forgot it the next morning at the Justice's? - I said the same words there.

(Reads.)

"The said Charlotte and

"Mary followed her into the said alley,

"and there one of them, which I cannot

"say, as they were walking arm in arm,

"having a teacup in her hand, threw

"something upon her clothes, which she

"felt."

Mr. Garrow to Wavil. This prosecution is carried on by a company of linen-drapers? - It is.

Court. This story is visibly mended, is anybody here that was present at the Justices the first evening? - Andrews was.

- ANDREWS sworn.

I am a constable, I went with the young woman to Mr. Quarril's, she told her situation, and shewed her gown; he said, there was no occasion for a warrant; she said that these two women she saw in the alley, and that they threw some stuff upon her out of the cup; she first complained that something had been thrown in the house, and burnt several holes, and then she said in the alley afterwards, they threw some stuff upon her.

Did she say that upon your oath? - Yes.

Are you sure of that? - Yes, I was present before Mr. Staples, whon they were discharged.

What did she tell Mr. Staples the first time she was examined before him? - Mr. Staples discharged them on account of there being no evidence.

What story did she tell him? - She told him the same as now, she told him before in the house and in the street.

Mr. Garrow. Wawill was not examined then? - No; this was about twelve o'clock on the Saturday, then they were discharged, then they were taken up again and Mr. Wawill attended.

Jury. Did she say that either of these parties threw it upon her? - She mentioned Mary Harrison , and said they were arm in arm together.

BOTH GUILTY .

Court to Prisoners. Prisoners, you have been convicted of an offence which is of great malignity and evil consequence to the public, and this being the first instance of a trial of this kind in my remembrance here, and the court having before them persons who stand in that situation you do, for we are now at liberty (though I wished not for it to make any impression on the minds of the Jury before,) to take notice of your very abandoned character and conduct; I therefore think I shall do justice to the public to enforce this law in its severity, and therefore the sentence of the Court is, that you and each of you be transported for seven years to such place as his Majesty by the advice of his Privy Councel shall think fit to declare and appoint .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-58

967. JOHN SIMMONS was indicted for that he, on the 22d of September last, 30 lb. weight of lead, value 2 s. belonging to Samuel Spooner , affixed to a certain dwelling-house of his, feloniously did rip, cut, and break, with intent to steal .

The WATCHMAN sworn.

Between the hours of three and four in the morning the prosecutor called watch, watch, three or four shoes, the prosecutor called me and the prisoner was there with some lead, and the prisoner said he did it for want.

PRISONER's DEFENCE.

I was coming home, and somebody chucked up my hat there, and I went for it; what I said to the watchman was, because I was frightened.

Jury. My Lord, some of the Jury are not satisfied, unless the prosecutor was here.

Court. You hear, Gentlemen, he was taken in the fact, and owned it directly.

GUILTY .

To be whipped and imprisoned six months .

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

Reference Number: t17851019-59

968. THOMAS BRETT was indicted for feloniously stealing on the 19th of January last, nine dead fowls, value 10 s. the property of John King .

The prosecutor and witnesses called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Reference Number: t17851019-60

969. WILLIAM SMITH , otherwise NEWMAN , was indicted for feloniously stealing, on the 26th of September last, twelve paste shoe-buckles set in silver, value 10 l. the property of John Tirbett , in his dwelling house .

JOHN TIRBETT sworn.

I am a jeweller in St. Martin's-court , I lost several paste buckles set in silver, value 10 l. they were in my shew-glass, in my shop, which is a part of my dwelling house, I never saw the prisoner before, my wife found twelve of them again in my presence, they were found under the shew-glass; I saw the prisoner with his hand in the glass case take the buckles out, I fastened him, and he dropped the property immediately, that was about eight in the

evening, they were dropped on the ground in the street.

Was his hand out of the shew-glass, or in the shew-glass, when you caught him? - Out of the shew-glass; a bullock was drove through the court, and he was one of the followers; my wife only took them up, I saw her take them up.

Did he break the glass, or did he open it any way? - I cannot say whether he opened it or no, there were three shew-glasses broke at that time, they were whole before.

PRISONER's DEFENCE.

I had been up in Holborn, the bullock was coming along, and run after us, and going through this alley the bullock broke the windows, and knocked down this gentleman's shew-glass, I was eating an apple at the time, and the gentleman came and said I had been having my hand in at his shew-glass; he immediately took me into his shop, and the butcher that was standing by said I did not touch anything.

Court to Prosecutor. Did the bullock break the shew-glass? - I believe he might part, but not the whole.

ROBERT LAMB sworn.

I saw the prisoner drop the buckles out of his hand; the bullock was not then come so far as the shew-glass.

Prosecutor. I believe that I mistook, I believe the bullock was gone past.

Lamb. I believe it was gone past, but I saw the prisoner drop the property, I am sure of that.

Prosecutor. Lamb came up the instant that I collared him.

ROBERT MALER sworn.

I live with Mr. Tirbett, I saw the prisoner's hand in the shew-glass, taking the things out; I believe it was broke before.

Jury. Where was you when you saw his hand in the glass? - At the shop door.

Court to Prisoner. What are you? - A cooper.

Jury. Was the shew-glass thrown down by the ox? - No.

Jury to Prosecutor. Was your stall board out according to act of parliament? - Yes.

Then this glass was beyond that? - Yes.

GUILTY. Of stealing, but not in the dwelling house .

To be imprisoned twelve months in the House of Correction .

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

Reference Number: t17851019-61

970. ESTHER DAVIS was indicted for feloniously stealing, on the 6th day of October , one linen handkerchief, value 3 s. one gold watch, value 20 l. one gold chain, value 8 l. two keys, value 4 s. four stone seals set in gold, value 3 l. the property of George Snowdon , privily from his person .

The Prosecutor not appearing, the prisoner was ACQUITTED .

Reference Number: t17851019-62

971. CHARLES KINROSS was indicted for burglariously and feloniously breaking and entering the dwelling house of Esther Casson , about the hour of eleven in the night, on the 19th day of October , with intent her goods and chattles in the same dwelling house then being, burglariously to steal .

(The case opened by Mr. James.)

ESTHER CASSON sworn.

I live at No. 17, Nightingale-Lane , I have never been well since my husband was killed, he is the officer that was killed at Covent Garden; we were all sitting at the kitchen fire, there was James Steward , James Barlow , and Elizabeth Wood , it was about half after eleven on the night of the 19th of November, we have a half door before the street door, a hatch that was shut, I am positive it was shut, and the door on this side the hatch was shut, and locked; and suddenly as we were sitting

by the fire, I observed both the doors, with a great rush come against the wall of the passage, the street door is about eight yards from the place where I was sitting, I had an opportunity of seeing the door burst open, I jumped up immediately, and the prisoner was at the kitchen door in the house, and I seized him by the collar, I discovered the prisoner immediately after the door was broke open, I said to him, you villain, are you come to rob me, what brought you into my house, and my gown being long my lodger could not get out behind me to take them, because the place is but narrow, the other men were outside of the door coming to rush in upon me, my lodger went out into the street, as I thought to take some more of them, but he returned, and the prisoner was trying to get from me, and he forced the prisoner into the kitchen, and called watch, and he was taken into custody, I keep lodgers, seafaring men, I had two at that time, but they were both in bed.

Did you know the prisoner before? - All the knowledge I had of him, was by his passing the door, we have two bad houses near.

Jury. Please to put that question very close to the prosecutrix, whether she does not know the prisoner before?

Mr. Knowles, prisoner's counsel. I was going to ask that question? - I have seen him pass before in bad company, but I never said a word to him.

I believe at this time you was in high conversation with several of your lodgers? - We were in conversation.

Were not you speaking rather loud? - No, Sir.

Could not any body going by hear you? No, Sir, they could not.

The lights were not out? - No, Sir, thank God.

You have seen this man before? - Yes.

Do not you know what he is? - I do not look upon him to be good.

That is no answer, do you know what he is? - I do not.

Has not he frequently played a tune to you? - Never in his life.

Will you swear that? - Yes.

Do not you know this man is frequently playing opposite to you on the clarinet? - Yes, but that is not to me.

Court. Do you know that this man plays upon a musical instrument, near your house? - He never played to me, I have seen him playing in the open street.

As you knew him as playing about, are not you convinced by his being in your neighbourhood, that he knew you too? - Yes, he knew me to be a woman of property.

Was not he very well acquainted with your person? - No, Sir, he was not, why should I make him acquainted with my person.

I did not ask you as to any improper acquaintance; did not he know you in the street, when he met you? - I am a person that have lived near twenty years in that parish, and have always lived in credit.

Do you think that he has had an opportunity of seeing you often in the street, as well as you saw him? - Yes, Sir, I say so.

At the time this matter happened, did not a great many of your neighbours tell you who he was, that he was there upon a frolick? - No, Sir, never.

Has not this gentleman told you so? - Upon my oath no such thing, not Mr. Dick, never opened his mouth upon the subject.

He did not make any demand of your money at that time? - No.

JAMES STEWART sworn.

I was in this kitchen on the 19th of October, I went down into Sun-yard for a pot of beer, on my return home I shut the half door to, and the whole street door goes to with a kind of latch, and I shut it on the half lock, it was about half after eleven, we were sitting talking by the fire side, and in a minute both the doors came slap in, Mrs. Casson being nearest to the door, she flew up and caught the prisoner by the collar, I thought to get past her, and apprehend some of the rest; but I could not, I got entangled in her gown, and did not see the prisoner

till she had him by the collar, I pushed him into the kitchen.

Mr. Knowles. You lodge there? - Yes.

Do not you know that she and her neighbours are frequently quarrelling together? - I do not know that, I am at home but a little while, I do not know what is between her and anybody, I know there are people in that neighbourhood that do not wish her well.

Do not you know that there is great enmities between her and her neighbours? - Yes, there are, through that gentleman that stands alongside of you; John Davis , and Jack Homan by name, now lodges there.

What! has he changed his name; what was his name formerly? - There is nobody else there now, there was me and James Barlow were sitting in the room, and the prosecutor and the servant.

How many men lodged in the house? - Three; we were sitting by the fire, talking, when he came in, all of a sudden the door burst open; they burst in all at once.

Jury. Was there any violence made use of; was the staple attempted, or lock? - No, Sir, not that I saw, but on the wood work, opposite the lock, some of the paint is rubbed off, as if some instrument had been used to pick the lock.

Who did that, you cannot tell? - No.

Court. Did you observe the lock before? - Yes.

Was the paint off before? - No.

When did you see it before the man came in? - The paint was not off before the door was burst open; not at any time that I saw.

Court to Prosecutrix. How did he come in? - He forced in when the door was forced open.

What answer did he give you? - He shook and I shook.

Prisoner. Did not I come with my instrument in my hand, and ask you if you wanted a tune? - Nothing of the kind, upon my oath; I never saw any instrument till the next morning at the Justices.

(N. B. The prisoner had his clarinet in his hand upon his trial.)

ELIZABETH WOOD sworn.

The last witness went out for a pot of beer about eleven, and Mrs. Casson said, have you fastened the door, and he said yes; nobody was out at the door after till that man was catched in the entry, all of a sudden the door made a great noise, as if it had been the hatch, she jumped up, and catched him fast by the collar, and said, you rogue, are you come to rob me; Stewart went to jump over her, and catched his foot in her gown; there were several at the door, but I do not know who they were; I never saw the prisoner till my mistress got hold of him, I did not observe the manner in which the doors were burst open.

Mr. Knowles. Your mistress and her neighbours are not upon very good terms? - I do not know.

You do know? - I know there is a bit of a quarrel between Mr. Dick and my mistress, but not the prisoner; I have seen the prisoner very often, he is constantly in the neighbourhood, playing in the street, or in that gentleman's house, or at the Crown, we were all talking together; our light was not out, we never burnt but one candle.

You know that your mistress knew that young man? - She has seen him very often, it is impossible to be otherways, he is so often there, I have seen him playing in the streets.

Were not the public houses open in the streets at that time? - I do not know.

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

Reference Number: t17851019-62

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 19th of OCTOBER, 1785, and the following Days;

Being the EIGHTH 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 VIII. PART VI.

LONDON:

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

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Charles Kinross .

Court. Attend to my question, does your door shut so very fast that you cannot see whether there is any light in the house or not? - Not except there was a glimmer, it scareely did, according to where the candle stands, but I never looked to see.

Court. It was a very moon shinenight that night? - I cannot say.

Prosecutrix. It was light, for you could see across the place, for there is not a glimmer of light could be seen through my door.

James Barlow called, but did not answer.

Court. Gentlemen, I do not know whether I need trouble the prisoner to make any defence.

Jury. My Lord, we are very well satisfied.

NOT GUILTY .

Tried by the second Middlesex Jury, before Mr. Justice NARES.

Reference Number: t17851019-63

972. JOSEPH FARRINGTON was indicted for feloniously stealing, on the 3d of October , one silver watch, value 10 s. and one steel key, value 1 d. the property of James King .

JAMES KING sworn.

I lost my watch in Halfmoon-alley, Bishopsgate-street , but who took it I cannot say.

Did you see your watch snatched? - Yes, but it was done so suddenly that I could not tell who it was, it was one single snatch; I think the person must follow me, and come abroad side of me, and then turn back and run, there was only one person, I turned and ran, and two men were taken, and somebody went and fetched the prisoner, he was fetched in three quarters of an hour, or an hour, I cannot say, they were all searched, and the watch was found on the prisoner; I was present when it was found, I am not sure whether it was in his breeches or in his pocket, I could not swear to the watch; I have had it seventeen or eighteen years, and it had a very remarkable string, and the person that cleaned it last there is his direction where he lives, I would not swear to the watch, nor did not, I have not the least doubt in the world but it is my watch, because of the man's name that cleaned it last; the string is very remarkable, it was a bit of waste stuff which I had, and I plaited it; the person that

cleaned it his name is Richardson, watch and clock maker, Fore-street.

Had your ever noticed the maker's name or number? - No.

Had you often opened the watch so as to take notice of anything? - Not very often, it was a watch that I put into my pocket when I go into the country a fishing, and sometimes I have it not in my pocket for six months together, the glass and hour-hand have been broke since I lost it.

Do you think you can be sure of the string? - It is made of a bit of scarlet brand, such as is used for stays, I suppose there never was such another string, from the glimpse I had of the prisoner I do not think it was him that took it, I think it was a taller man, and one of the men that were taken first was a taller man.

I think you said also you did not observe more than one person in sight at the time? - No, only one person, I turned immediately.

In following that person did you get any glimpse of him again? - Not at all, it is a long alley, I believe he was stopped in the alley, but there was not light enough to see at any distance.

Mr. Peatt, prisoner's council. Is the man that cleaned your watch a journeyman? - A master.

I suppose he does a good deal of business? - Yes.

I suppose it is usual to put the name and directions in the cases of all watches? - I believe it is.

With respect to that string, you know strings are various, like people's fancies, and such a string might, for what you know to the contrary, be put to fifty watches? - I did not say there never was such a string.

No, clearly not, though it is not usual, yet it is possible that fifty other persons have put such a string to their watch? - I will not say they would not.

You have already said that whosoever it was that snatched your watch you had just a glimpse of him, and thought him rather taller than the prisoner? - Yes.

- SPENCER sworn.

I was sitting at my own door about half past nine on Monday night the third of October, and there was an alarm of stop thief, I ran directly, two men ran by and I stopped them, I took one, and one Brown took the other; Mr. King came upon two minutes, or less, and said he was robbed, I took the two men to Bishopsgate-street watch-house, and searched them; they said they knew nothing of the watch, and Mr. King said he thought one of them was the person, but he could not swear to one of them; he gave charge of them; I took them to the Poultry Compter, and being informed of the prisoner, I found him at the Ship Ale-house, Shoreditch; I asked him if he had the property, he said nothing; I brought him to Mr. King; Mr. King said he did not know whether it was him or no; said Mr. King, have you got any watch, and when he came into the public-house he said, d - n my eyes, Mr. King, if I had known it was you I would have robbed one hundred before I would have done you; says Mr. King, have you got the watch, says he, I do not know; come with me and I will take you where it is; says I, you must not go out of my custody, he desired to go into a private room, for he wanted to speak to Mr. King; we went up into a room, and he said, shut the door, I was going to order somewhat, and I saw him clap his hand to his breeches, as if he was going to draw something, he would not be searched, I took him up in my arms and laid him on the table, and took the watch out of his fob on the right hand side, Mr. King said he thought he should know his watch again; he described it as a small sized silver watch; says I, is that your watch, yes, says he, it is the string I made myself.

Mr. Peatt. I suppose there was a good many people in the alley when you took these two people? - Yes.

You only suspected them from their running, I suppose? - Yes.

JOHN DENT sworn.

On Monday the 3d of October, I went

into this public house, about half after nine, and I saw three young men drinking together till half past nine, then they went on together, and in about five minutes there was the cry of stop thief; I ran out, and just as I got there some people were running, and I went up and saw two of these young men who had been drinking, I knew them again; I went and told the people of the public house, and the maid knowing them, we found out who was the third, and we took him to the watch-house; when he came to the public house, he saw Mr. King, and he said is it you, d - n my eyes I have robbed an hundred people, and I would rob an hundred more before I would rob you.

Mr. Peatt. You do not know what the prisoner did after he left the public house? - No.

STEPHEN JONES sworn.

I was sitting at the Marquis of Granby's door, and I heard the cry of stop thief; I met Spencer, and assisted in taking the two men, and having information of the prisoner, we took him, and found the watch upon him.

Do you know the prosecutor, Mr. King? - Yes, so far as this, I had carried silk to his house; he lives in Horse-shoe-alley, at the sign of the Crown, he is a silk weaver, I have carried many bales of silk to him.

Court to Mr. King. Did you know the prisoner personally before? - I never saw him but once before, he might know me, my Lord, because his father lives in a house that I have.

PRISONER's DEFENCE.

As I was going down Bishopsgate-street, a young lad came up to me, and asked me to buy this watch, and two men came across the way, and I said, I do not think you came honestly by this, he immediately run away, and I was so confused I did not know what to do; I went to the Black dog in Shoreditch, and told all the people how I came by it, and shewed it in the tap-room, and many people might hear of it in the neighbourhood; I said a chap wanted me to buy this watch, and the people at the public house told me my best way was to take it up to some officer or other to advertize the watch, and I had not been out of the house two minutes before I was taken.

Have you anybody to prove this? - I think I have people here.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-64

973. JEFFERY CALLEN and CALEB WARREN were indicted for feloniously stealing on the 18th day of October , thirty-seven pounds weight of lead, value 3 s. belonging to James Davis , and affixed to his house .

JAMES DAVIS sworn.

I received information that the two men were getting lead from my house, I went to the house where I had the information, that the lead was carried to, and I saw the master of the shop, which employed the man, and described the men, and told him the matter, he seemed at first to take little notice of it, but I being a ward beadle, I said he should abide the consequence, then he said there were a bricklayer and a labourer at work at the top of the house, they were called down; they first denied the fact, but afterwards they owned that they had taken the lead, they were at work at an empty house that was lately Mr. Bell's, the house was next door but one to mine.

Did you make any threatening that you would send them to the Compter if they would not confess? - Nothing of that sort, they offered to replace it, but I would not left them.

There were no promises or threats? -

None at all; I went up to the top of the house, I did not chuse to venture out, but one of the workmen went, he is not here.

WILLIAM HAGGETT sworn.

On Tuesday evening last a little after five, I was sitting at the window at work, at the upper part of the house, and looking through the window, I saw two men on the roof of the house, next to that which was repairing; I looked at them, I saw one of them get on the prosecutor's house, and the roof being so narrow he could not walk on it, he got astride on the roof, and hitched himself on, when he came close to the chimney he slid himself down, and there was a large sheet of lead, which lay between the roof of the house, and the chimney, he began to pull that off, then I watched him, and he had like to have been down in the street, he slid down half a yard till his foot catched at an arch of the chimney, then he recovered himself and went to it again, and got it quite off, then he folded it up, and handed it to the other prisoner, and he put it into the garret window.

Had you an opportunity of seeing these men? - Yes, I looked through the window, and to be more particular, I opened the door of the leads of our house, and then I could see them more perfectly, they are the two prisoners, I am sure of it.

How wide is the street across that you saw them? - It is Fish-street hill, it is not a broad street.

Court to Davis. What quantity of lead was taken? - Thirty-seven pounds, I saw it weighed, I saw the lead in the house down stairs, I did not compare it.

PRISONER's DEFENCE.

I was ordered by my master to repair this first old house, to make that tyling good, and so I was going along the gutter and I saw this bit of lead lay so I took it up, and put it into the garret window for safety till my master came.

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

The prisoner Callen called one witnesses to his character.

BOTH GUILTY .

Each to be confined six months in the House of Correction .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-65

974. FREDERICK BELK was indicted for feloniously stealing, on the 14th day of October , one yard and a quarter of serge, value 18 d. the property of the united company of merchants trading to the East-Indies.

A second count, laying it to be the property of George Archdale Lowe .

GEORGE ARCHDALE LOWE sworn.

On Friday the 14th instant, I was called down from dinner, I am a packer , this serge was instrusted to my charge by the company, I saw the prisoner in custody.

JAMES MILLS sworn.

About two on Friday, the 14th, one of the men called me out of the compting-house, and told me that they found a piece deficient, I ordered the prisoner to be watched.

HENRY DESSE sworn.

At three o'clock last Friday was a week, Mr. Mills ordered me to stand behind a pile of long ells, and the first piece the prisoner took in hand he cut, then I acquainted Mr. Mills, and he came and found it in his breeches.

(Produced.)

PRISONER's DEFENCE.

I am an elderly man, it is the first time I ever was arraigned at any bar whatever, I hope you will take compassion on my family, as I am troubled with an asthma, and have been so ever since I have been confined.

GUILTY .

Mr. Lowe. I beg leave just to observe, that in consequence of the prisoner's having

cut this piece, I thought it my duty to unpack great part, and I had the misfortune to find one hundred and two pieces cut in this manner, and from many concurring circumstances which amount to absolute proofs, and leave it beyond a doubt, they were cut by the prisoner.

Court. You do right in telling it me now, and in not telling me before; it is a very bad offence; what age is the prisoner? - Fifty-one.

Court to Prisoner. You have been convicted on the clearest and most decisive evidence, such as excludes all possibility of doubt; if gentlemen employed in business of this nature cannot put a trust in those whom they must necessarily employ under them, the hazard in such as would disable any body from carrying on business; so that it is extremely necessary to the public that such practices should be put a stop to, and there is great reason to believe you have carried on this to a very great extent, therefore you are a very proper person to punish as an example to others; the sentence therefore of the Court upon you is, that you be transported beyond the seas, for the term of seven years, to such place as his Majesty by the advice of his Privy Council shall declare and appoint .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-66

975. WILLIAM KELLY was indicted for feloniously stealing, on the 16th day of October , a cloth coat, value 6 d. a waistcoat, value 6 d. a shirt, value 1 s. a handkerchief, value 2 d. a pair of shoes, value 6 d. a pair of shoe buckles, value 6 d. a clasp knife, value 6 d. a purse, value 1 d. and one shilling in money , the property of Terence Egan .

TERENCE EGAN sworn.

I laid next room to the prisoner at a lodging house, and he took away the things in the indictment, I pursued and took the prisoner with the things under his arm, these are the clothes I have on.

WILLIAM CONNER sworn,

Confirmed the above witness.

Prisoner. I bought every half-penny worth that I had.

GUILTY .

Transported for seven years .

Tried by the Second Middlesex Jury before Mr. Justice NARES.

Reference Number: t17851019-67

976. MARY (the wife of Joseph) BARKER was indicted for feloniously stealing, on the 29th of September last, five yards of printed cotton, value 17 s. 6 d. the property of Mary Lawson .

NOT GUILTY .

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

Reference Number: t17851019-68

977. ANN SMITH was indicted for feloniously stealing, on the 26th day of September last, five yards of printed cotton, value 5 s. the property of John Mackey .

FRANCIS UMPAGE sworn.

I am servant to the prosecutor, I was going round the window of the shop, and I saw the prisoner looking in at the door, when she had opened the door, she snatched a piece of print, and was going away with it, I cried stop thief, and she immediately threw it down, I stopped her at the door.

JOHN FRENCH sworn,

Produced the cotton.

(Deposed to.)

Prisoner. I only went to look at it.

GUILTY .

To be imprisoned six months in the House of Correction .

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

Reference Number: t17851019-69

978. ELIZABETH FOX was indicted for feloniously stealing, on the 3d day of October , one silver watch, value 40 s. one key, value 1 d. one stone seal, value 1 d. one muslin neckcloth, value 6 d. one pair of buckles, value 1 d. one guinea, value 21 s. and five shillings in monies numbered , the property of Joseph Lewis .

JOSEPH LEWIS sworn.

I am a coachman , I was robbed on the 3d day of this month, in the morning, I was asleep; I was going down Field-lane, on the 2d of October, about eleven at night, and I met with the prisoner, and she said my dear to me, and so on, and asked me if I would go along with she, I said, I did not care, so I went to her lodging, in Blue-court, Saffron-hill , and I asked her what I should give her, and I gave her either a shilling or eighteen-pence to sleep with her, I says to her, now you be honest and call me up at four o'clock, I must go to my work; she promised she would, so I went to bed with she, nobody else was in the room.

Was the door shut? - She fastened the door after her, I went to bed between eleven and twelve, and I awaked at half after four, and she was gone, the door was pulled too but not fastened; I lost the things mentioned in the indictment, and one bad shilling besides; I lost also my knee-buckles; I went out in the morning, and locked the door after me, and took the key till I found the watchman, I gave him the key, I never got my watch or my money, my knee-buckles were found upon her at the watch-house; she had half a guinea and some silver, she was found in the same bed the next morning.

- CONNOR sworn.

I am watchman on Saffron-hill, on the 3d of October, at five in the morning, the prosecutor came to me and shewed me the door where he had been robbed, No. 20, in Blue-court, Saffron-hill, he said he had lost his watch and money, and the next evening, we went and took her in her room, and brought her to the watch-house, she was searched by me and the prosecutor, and he found a bad shilling upon her which he said he knew, and his knee buckles were in her pocket.

(The knee buckles produced and deposed to.)

PRISONER's DEFENCE.

I was not at home from Sunday evening till about eleven on Monday morning, I was over in the Borough.

Court to Prosecutor. Where had you spent that afternoon? - At Acton.

Where was your own lodging? - In Thames-street.

You had been drinking I suppose? - Very little, I was no way in liquor.

Then you had not even that apology for your conduct? - I thought she would have behaved better.

It would have been well, if you had behaved better; you employed your Sunday very ill, Sir; did you drink any thing with her? - Nothing at all.

Are you quite sure she is the woman? - I am quite sure.

Court to Prisoner. Have you any person to prove that you was in the Borough? - No.

GUILTY .

To be imprisoned six months in the House of Correction .

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

Reference Number: t17851019-70

979. WILLIAM HOW was indicted for feloniously stealing, on the 19th day of October , two pounds weight of American leaf tobacco, value 3 s. the property of Samuel Guest .

THOMAS BREUDER sworn.

I saw the prisoner catch at some tobacco, and when he saw me he dropped it, it was loose.

Prisoner. I had no intention of stealing

it, it is a rule to have it down by the side of the cask, I was at work there.

GUILTY .

Whipped .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-71

280. FRANCES JACKSON was indicted for feloniously stealing on the 11th day of October , one quart pewter pot, value 12 d. the property of Thomas Hitching , the elder.

The prosecutor saw the prisoner take the pot, pursued and took her; the prosecutor's son saw her take the pot and drop it.

GUILTY .

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

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-72

981. THOMAS RIDGE was indicted for feloniously stealing on the 5th day of October , one linen handkerchief, value 10 d. the property of a person unknown.

JOHN STAPLETON sworn.

I saw the prisoner take the handkerchief from a gentleman's pocket, and secured him; he dropped the handkerchief: the gentleman said he believed it was his handkerchief, but he was going out of town, and could not stay to prosecute. There were two or three more with him.

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-73

982. ELIZABETH SLACK was indicted for feloniously stealing on the 1st day of October , four pewter plates, value 2 s. and one half pint glass, value 4 d. the property of John Harrison .

JOHN GIBBS sworn.

The prisoner came into the prosecutor's house and had a glass of gin at the bar, she went backwards, and stole four pewter plates off the shelf, as a gentleman told me I ran after her and took her two doors off, with the plates under her arm, she dropped them on the pavement.

(Produced and deposed to.)

Prosecutor. I took a half pint tumbler out of her pocket, I saw her brought back and she confessed every thing.

PRISONER's DEFENCE.

I have known old John Harrison twenty one years, and have always used his house, but not this gentleman, the prosecutor, I always behaved well, I never was accused before, nor ever arraigned before; I hope I am in a court of justice and mercy; I work honestly for my bread, but I have been sick with a fever and ague, and very much distressed; I shall be fifty-two if I live till St. Stephen's day.

GUILTY .

Court to Prisoner. Where do you belong to? - My husband's parish is in the county of Cumberland, Whitehaven.

To be privately whipped and passed to her parish.

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-74

983. THOMAS PAINTER was indicted for feloniously stealing on the 18th day of October , three pounds weight of

moist sugar, value 1 s. the property of William Collier .

The witnesses examined apart at the request of Mr. Garrow, prisoner's councel.

JOHN BRADSHAW sworn.

I am a watchman at the Custom-house, I had charge of a lighter of sugar, and on the 18th instant, a few minutes before four, this prisoner boarded the lighter, and went into the lighter, I found him in it, he said he belonged to it.

Mr. Garrow. Is that true? - Mr. Collier told me he did.

JOHN BLUNDELL sworn.

I had charge of this sugar two nights, and there was a little cavity in one of the head pieces of the hogsteads, when they gave the charge to me; when Mr. Bradshaw had taken the prisoner, he called to me, and then the sugar was not as it was, the headpiece was broke in, and a great deal of it out, he said he belonged to the lighter.

Prisoner. I am a lighterman, I work for Mr. Collier, he is here.

Court. Who conducts this prosecution? - Mr. Bradshaw was bound over to prosecute.

WILLIAM COLLIER sworn.

The prisoner has been in my service three or four months, he had the care of some lighters; he conducted himself always faithfully and honestly, with the greatest care and propriety; his character is that of an honest well-behaved man; I had much rather have had a loss in trade than this charge against this man; I would trust him with anything I have of my own; from the time a cargo is on board the ship, which is three or four months, casks get rotted, and when there are three or four tiers, the pressure on the ground tier may force out a head, I have seen it frequently; sugar is frequently spilt in the lighter before it is unloaded.

- BOND sworn.

I am a lighterman, the prisoner served his time to me, he was always a very honest faithful servant to me, I have trusted him with many valuable cargoes, I never heard the least complaint of him.

CHARLES GARDNER sworn.

I am a butcher at Dock-head, I have known the prisoner twelve months, to the best of my knowledge he was always an honest industrious young man, he is a lodger of mine, a regular well-disposed young man.

Are you able to say that he is a good young man? - I am.

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-75

984. WILLIAM BYRNE was indicted for feloniously assaulting Benjamin Hatton , on the King's highway, on the 17th day of October , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, seven guineas, value 7 l. 7 s. and two silver watches, value 4 l. his property .

BENJAMIN HATTON sworn.

On last Monday night or Tuesday morning early, I was robbed about the middle of the night, at a place called Chick-lane ; I am quite a stranger here in London, I was coming from a public-house at the bottom of this lane, and I was going to my lodgings in Smithfield, the Golden Lion; it was some time between eleven and one; I had had some liquor, but I was not to say drunk, I was in liquor, I suppose about half drunk; as I was going up this street, this prisoner takes hold of my collar, and he says come along; he came across the street, I was on the left-hand side of the street he was on the right-hand and just crossed and met me, there were two others after him, I had just the glimpse of the two others, but I could not see who they were, they took me into a court, I think they

called it Phoenix Court, there they tripped up my heels and threw me down on my back and searched my pockets.

Did the others assist him? - Yes, they put a handkerchief upon my mouth; but I was so frightened I could not call out, I expected to be murdered, they were not half a minute, they riffled my pockets and then ran away; I got up and went to my lodgings, I rung at the wrong door of my lodgings, and a man came and set me right.

How did you know the prisoner? - I was drinking with him the day before, I had been walking about and called in at this house, and dropped into conversation with this man.

Did you know him when he first laid hold of you? - Yes.

Are you sure he was one of the men that did absolutely rob you? - He is the man that caught hold of me.

How long had you been in company with him on the Sunday? - I suppose two or three hours.

Had you seen him at all on the Monday? - He shewed me to my lodgings on Sunday night, and I treated him with some beer at my lodgings, and he said, if you will come down to the same place to-morrow evening, I will spend a shilling with you, you seem to be a jovial companion, and such like as that.

Did you go out the next evening? - Yes, and I found him at the public house, with his head asleep on the table; I did not see him at first, and I says to the people of the house where is my old friend, and they said that is him laid asleep on the table; so I roused him up.

What time of the evening was that? - I suppose it was ten, I cannot say to half an hour; I said to him, you promised to treat me with a shilling to-night, come where is your treat; oh! says he, if you are that sort of a man, I will have no concern with you, so he got off into another seat; I do not recollect anything else passing that night at the public house, I was not in company with anybody particularly, those that were in company were strangers to me; and he got up from the table we sat at, and went to another.

Are you sure he is the man? - I never saw two faces but what there was some difference in them, but I am sure he is the man, it was moonlight.

Any other light than the moon-light? - There were lamps in the street, there was not much lamp-light, there were a few lamps.

Was it by the moon-light, or by the lamp-light that you saw him? - I suppose it was by both, there was a lamp nigh.

When you saw it was the man that you had been so well acquainted with, did not you say something to him? - No.

How came that? - I was down so quick.

Why did not you ask your old friend what he wanted with you? - The street is not further across than from me to you.

What did you loose? - Seven golden guineas and two silver cased watches.

How came you to have two watches? - One was my own, and the other was one I had of a person that lives in Montgomeryshire, and I lent him a little money upon it, he is a Welch drover; I keep a public-house, a malt-house, and am clerk of the parish; I live at Alvly, in Shropshire, about six miles below Bridgenorth, on the river Severn side.

By the account you have given of yourself, you was very much in liquor? - Yes, I went by accident into this house in Chick-lane.

Were your watches ever found again? - No, not that I ever heard of.

Prisoner. Ask him what dress or hat I wore when I made this attempt, as he says, on his person? - He was dressed shabbily as he is now, but particularly as to his clothes I cannot tell.

What hat had he on? - A little slouched hat on.

A round hat? - A slouched hat we call it.

WILLIAM CONWAY sworn.

Between twelve and one on Monday night,

or early on Tuesday morning, I observed a noise at the door near Cow-lane, in Smithfield; I was at the Three-tons, talking to Mr. Roberts, the constable; I immediately repaired to the corner of Cow-lane, and I observed a man knocking at the Golden-Lion door; says I, my friend what are you doing there, they will not serve any liquor to-night; he hesitated some time before he would give me any account of himself; he said he was a lodger; then said I, my friend, come round to the other door, and I will get you entrance; he rang at the bell, and the master looked out of the window, and asked who it was; and he came down, but before he opened the door we asked him where he had been; he said he had been robbed of seven guineas, and two watches; I asked him where and when, he would not give me any intelligence where, but says he, it is very near; the master of the house laughed at his being robbed, and thought it was a joke for him, or similar to that; the prosecutor was rather inclinable to liquor; I examined his clothes, and they were all dirty behind, as if he had fallen on his back.

Was not he drunk? - He was not to say drunk, he was rather intoxicated in liquor.

What are your ideas of being drunk? - He was not so drunk but he was capable of giving a proper answer, he was sensible drunk; if he had informed Mr. Roberts and me where he had been robbed at first, we might have gone and taken the people, and found the property perhaps, but he was near a quarter of an hour at the door.

JAMES WALLIS sworn.

I was applied to on Wednesday morning, being constable, by the prosecutor telling me he had been robbed; I heard where the prisoner lived, and where he worked, I went to take him, and he was not at his lodgings; I went to his master; I asked if one Mr. Byrne was there, and the man said yes, and the prisoner heard me, and said I am the man; he came into the street, we had a little conversation, the prosecutor stood a few yards off, because he would not be seen, says he, this is the man; says I, be positive, do not go to make a mistake, he said, I am positive he is the man; the shop-mate came up, and I said to Hatton, was the shop-mate in company, he said, no, he did not know him, but he was positive of Byrne; I have enquired of this prisoner, and he bears an extraordinary good character, by every body that knows him, he did work in the street where I live; I know the public house very well, I believe it to be a very bad one, I do not think it is much frequented by people of good character, the landlord appeared for him before Justice Blackborough, the prisoner was searched, and he had but one penny in his pocket, he had nothing upon him.

Were his lodgings searched? - No.

Why not? - The Justice gave no orders to search them.

Why did not you? - I did not know I had any right, as it was in the county; the apartment was locked, and I did not know I should break it, as it was out of the city, I am a city officer.

Why did not you ask the man for the key of his apartments, and see whether he would have given it you? - I did not, I was remiss in that.

How came you not to bring him to a city Magistrate? - Because he was taken in the out-parts, in Gray's Inn-lane.

STEPHEN THOMAS sworn.

On Wednesday morning about half past nine, the master of the Golden Lion came over to me, and the prosecutor said, are you a constable, I said no, I am one of the patrol of St. Sepulchres; says he, I have been robbed, and I believe I should know the party if I saw him, so I went with him and the officer, and took the prisoner in Gray's Inn-lane, at work in a cellar, we brought him up, the man did not seem in any ways confused, the officer told him what he was charged with.

PRISONER's DEFENCE.

My Lords, and Gentlemen of the Jury,

the first of my acquaintance with that gentleman there, was on Sunday evening before last Monday, I happened to be drinking in this public house, another man and I, and we scarce sat down to have another pint of beer, but in came another shopmate of his, we had several pints of beer before this man came in, he sat on the opposite side of the box, and he called for a pint of beer, and he said, does any of you know where I could find a bit of victuals, yes, says I, there is an eating-house up there, he went out and brought in four-penny-worth of meat, he eat some, and put the rest in his pocket, his pint of beer was out, we wanted to have another pint of beer between ourselves, so he said my good fellows, if it will be agreeable, I will be one penny, and let us have a pot; it is all agreeable, says one in company, he said will you have any more, I said no, my money grows short; so this gentleman asked me, says he, my good fellow, I am a stranger here, lately come to town, I wish you would see me safe home, I said to my shopmate let us go, we went and conducted him safe to his lodgings, and at the public house where he lodges, we were going to part, and he says come in, and I will treat you with a pot of beer, says I, come that is good fellowship, and he was sixpence to our four pence halfpenny, and we had three pots of beer, and I told him if you are so good as to come down to-morrow night, I will treat you with a part of a shilling's-worth; and he came down the next night, and said to me, you d - d rascal, says he, are not you ashamed to get intoxicated, says I, did I ever rascal or abuse you, and if you are such a fellow as that, I will sit no longer in your company: (Gentlemen, I hope you will excuse me, I am rather choaked) this man called an oyster woman, and he behaved somewhat impudent, and the landlord threatened to turn him out, he went out of the house, and we three sat together drinking for upwards of an hour after, and my witnesses can testify the same, and also the landlady's servant maid.

Court to Hatton. When this man went home with you on Sunday night to your lodgings, was there any body else with him? - Yes, there was another man with him, and another came to him.

Court. Let the prisoner's witnesses all but one withdraw from the Court.

MARY WILSON sworn.

I live at the corner of Holborn hill, next Chick-lane, the Crown and Anchor, a public house, I am the landlady.

Have you a husband? - Yes.

Is he here? - No, he is not, because he was in another room that night, and did not see any thing of the business.

Do you know the prisoner? - I do.

How long has he used your house? - These four months occasionally.

Do you know the prosecutor on this charge against the prisoner? - I do not, I never saw him before Monday night last, I saw him then come into the house, and have a pint of beer, and I gave him change, and he drank it and went out.

How long was he in your house? - I take it my Lord, as nigh as I can guess, it was between nine and ten.

What time did he go away? - Rather before eleven.

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

Had he only one pint of beer while he staid? - Only one pint.

Who was he in company with? - He sat drinking with a woman that comes in with oysters, the woman had a pennyworth and they put it into the pot.

Did you see him speak to any body else, while he was there? - I did not.

Was the prisoner at your house that night at all? - He was, an d came in about five, or rather before five in the afternoon.

How long did he stay? - Till half after twelve.

Who was he in company with? - Nobody, till about eleven, then two of his shop-mates came in, and they had two or three pints of beer, and drank together.

He had three pints of beer? - Yes.

Was that before or after the prosecutor went away? - It was after he went away, they came in after he went out.

Did the prisoner go out at all before they came in? - No, he did not go out from five till half after twelve, I was in the bar and I could see the tap-room; I am very sure that he did not go out.

What had he been doing from five till eleven, when his companions came in? - He had been asleep on the table, I was in the tap-room melting some butter, and he was standing by the fire; and I said, Byrne you will fall, and he said, that will not hurt you, no, says I, but it may you; and he went and he sat down, and leaned his head upon the table.

What had he been doing till nine? - He had been doing nothing but sitting, he had one pot of beer when he came in, that was all till his shop-mates came in; he was in liquor when he came in, and after that pot of beer, he was very much in liquor, and slept on the table, with his head on the table.

Do you know who the two men were, that came in with him? - They are waiting on the outside of the Court now.

What are their names? - One's name is Hall, and the other's name is White.

Who did he drink his first pot of beer in company with? - I do not recollect, yes, I do, one Smith that works at a shop opposite to Jackson's, a stove-grate maker, he is not here.

Had the prisoner any supper that night? - Nothing at all, the prosecutor had a slice of bread, and eat some oysters.

You would be likely to remember it, because he would pay you for it? - He had nothing from me.

Had either of his companions anything? Nothing, then his two companions came in both together.

Who went away first, the prisoner or his companions? - One of his companions went away with the other, and the other, went away with him.

Which was it that went first? - White.

How long did Hall and the prisoner stay afterwards? - About a quarter of an hour, as nigh as I can recollect, they went out together.

You did not see the prosecutor and the prisoner speak together at all that night? - No, I did not.

Was that Monday night the first time you had seen the prosecutor? - It was.

Where were you on the Saturday night before, was you at home? - On the Sunday night he was at our house, and I went out and staid out to supper; my husband told me on Monday morning, that the prosecutor had been there on Sunday night and there had been some disputes about religion between them, in the tap-room.

Had the prosecutor frequented your house before that? - Never to our knowledge, he had never been in our house before the Sunday night.

Then you was not well acquainted with him? - We had no knowledge of him, any further than his coming in the second time to drink his beer.

Did you know where he came from? - No, I did not know any thing of him.

Did you know his name? - I do not know it now.

Pray, how could your husband tell you on the Monday morning, that he had been at your house on Sunday night? - He could not tell me by his name, any further than such a sort of man had been there on Sunday night, and they had some disputes, and when he came on Monday night, the servants told me he was the same man, that is all I know about it.

Prisoner. My Lord, the prosecutor has said, I had a slouched hat on when I robbed him, now when I came in, and went away, I had no hat on.

Court to Mrs. Wilson. Did you observe that? - I do not know that he had any hat on; to the best of my remembrance, I do not remember he had a hat on; and when he went out at half past twelve I let him out, and he asked me for a penny candle, and a man in the house went with him to the corner where he lodges, he lodges in a

court opposite to us, he works in Grays-inn-lane; I do not remember he had a hat on, and I do not really believe that he had any hat on.

EDWARD WHITE sworn.

I live at the sign of the Angel, Upper Ground, Southwark, I am a basket-maker.

Do you know the prisoner? - Yes.

How long have you known him? - I cannot recollect particulars, I suppose I have known him for about two or three years.

Do you remember being in company with him on Sunday last? - I was not on Sunday, I was on Monday.

Where? - At the sign of the Anchor and Crown, the corner of Holborn-hill, Chick-lane.

What time did the prisoner come in? - I found him there.

What time did you go in? - I went in near as I can recollect about a quarter before ten.

Where was the prisoner then? - He was sitting in the tap room, and I and one Thomas Hall went in together, I found the prisoner and the prosecutor sitting together, I went into an adjacent box, and never spoke either to one or the other.

Did Hall join them, or stay with you? - He joined the prisoner and the prosecutor, they were discoursing about religion, they were rather at variance; Hall did not stay long with them before he came into my company.

How long did the dispute continue between the prisoner and the prosecutor? - It might be about a quarter of an hour; Thomas Hall, went up to William Byrne the prosecutor, and told him that I was there, and in a quarter of an hour, Byrne came into my company, and left the prosecutor sitting with an oyster woman.

What time of night was that when the prosecutor joined your company? - According to my recollection it was about eleven when the prisoner went out.

How long was it after Byrne came to you, that the prisoner went out? - He was out almost immediately.

About what time of night was it when the prosecutor went out of the house? - I had no watch about me, nor there was no dial in the tap-room, but as near as I can recollect it was about eleven when he went out of the house.

Did you go out with him? - No, Thomas Hall staid behind, I left the prisoner there at the public house, when I went away, and I staid so long that as I went along Fleet-market, I looked at the clock, and it was very near half past eleven, I could see by the light of the moon, then I left the prisoner William Byrne there, and Thomas Hall with him.

What had you for your supper? - I had nothing, I had supped with Thomas Hall before I came there.

Who supped with the prisoner then? - I do not know.

Did you see him sup? - He did not sup while I was there.

What beer had you, and he, and Hall together? - I believe, my Lord, I had a pint of beer before the prisoner came and joined me, and then we had two pints afterwards, I paid two pints and left them to pay one, and what they had afterwards I do not know.

How came you to take notice of this dispute about religion? - My Lord, I heard that the prosecutor and the prisoner were to meet at this house this evening, and when I supped at Thomas Hall's, he said, after we have supped, suppose we have a pint of beer together, and go down to this house, and see William Byrne , and while I was there, I heard them discoursing about religion, I had the newspaper in my hand, I spoke to nobody, and knowing the prisoner, I heard what he said, and William Byrne said you called me a rascal and rogue, and I do not know what for; I think the dispute was about religion, I wonder that I should take so much notice as I have, not knowing what I should be brought to.

Did the prosecutor appear to be sober or

in liquor? - When he went out, he was very much in liquor.

Was the prisoner drunk or sober? - He was in liquor.

THOMAS HALL sworn.

Court. Let Mrs. Wilson and Mr. White go out of Court.

Hall. I live in Frogmore-court, Charter-house-lane, I am a basket maker; I have known the prisoner to the best of my knowledge, about two years and a half, he is a basket maker.

Can you remember being in company with him any particular evening lately? - Yes.

When was it? - To the best of my knowledge, a quarter before ten, on Monday evening last, at the Crown, on Saffron-hill.

Where did you meet with him on that evening? - I had not seen the prisoner after that morning ten o'clock, he was then going over the water; I met with him in the evening at the Anchor and Crown, he was there at the same time I went in.

What time was that? - To the best of my knowledge about a quarter before ten, Edward White was with me, an acquaintance of mine, of the same trade.

Was the prisoner there then before you went in? - At that time, my Lord, he was.

Who was he in company with when you went in? - He was in company with the prosecutor.

Did White and you join him directly? - I will speak with your liberty, and you Gentlemen of the Jury, I went in and called for a pint of beer, and asked Byrne how he did, he seemed to be somewhat in liquor; I then spoke to the prosecutor, seeing him there the Sunday afternoon, the prosecutor asked me to drink out of his pint of beer, and I drank with him, Edward White was close by me, he did not speak to the prosecutor, because he did not know him, he spoke to Byrne, and I hearing some words between the prosecutor and the prisoner, I went and called White who was in my company; and Byrne told the prosecutor, says he, if I had not been drinking with you, I should not have taken your behaviour, you have used me very scurvily, you have called me rascal.

Had they been drinking together then? - I did not see them drink, but to appearance they had, and they were in company then; upon this the prisoner left the prosecutor, and came into my company and White's.

What became of the prosecutor then? - To the best of my knowledge, he went out, and to the best of my knowledge, I spoke to the servant, and speaking, that man came into the back yard, it was thought he had gone out of doors, and there was a pint of beer called for, and he refused paying for the pint of beer, and the servant told him it was necessary to pay for all beer that is brought in here, as it is brought in, and the maid servant insisted upon it's being paid for, she took it away the first time, and brought it by desire the the second time, and to the best of my knowledge, he paid for it and had it, he did not drink with me, only once, he was not with Mr. White at all in company, and in a quarter of an hour, he went out, he was with an oyster woman after Byrne left us, and she asked him to give her some beer, she had a penny worth, and put it into his pot, I believe the prosecutor might be in the house half an hour, from the time they entered the house, which was about a quarter before ten, I speak by computation.

Then he went out a little after ten? - Yes.

About what time as near as you can judge? - As near as I can judge it might be twenty minutes past ten.

Did the prisoner go out with him? - The prisoner was not out of the house, till I left the house, he was with me in company all the while to the best of my knowledge.

How long did you stay? - About two hours or upwards, I speak to the best of

my knowledge, when I parted with the prisoner, and when I got near home, the watch then went just half past twelve.

Then you staid till after twelve? - Yes, at Mr. Wilson's where the prisoner and the prosecutor were.

Did the prisoner and you come away together? - Yes White went away half an hour before I went, he living over Blackfryars bridge.

Had you any supper at this house, at Wilson's? - Edward White went with me, I work in Gray's-Inn-lane, with one John Mayton , he went with me to my apartment, and supped of a bit of roast beef.

Cold or hot? - Hot.

Was any body else there? - Only my wife.

Had you any thing else besides the beef? - Potatoes and sauce.

Then it was after you had supped, that you went to this public-house? - White called upon me at Mr. John Mayton 's, where I work with one Robert Wise in company, Wise and White and me went to the Bell ale-house, then Wise left us, and White went home with me.

Court. Call White in again.

Court to White. I think I understand you, that Hall and you went together to this Anchor and Crown, at the corner of Chick-lane? - Yes.

Are you sure you went together? - Yes.

Where did you meet with Hall that evening? - I met with him at the place where he works in Gray's-Inn-lane, at Mr. Mayton's, I met with him there first, it was about dark, I went from thence to his dwelling, there I supped.

Did you go immediately to his apartment? - No, we went from where he works, to the sign of the Bell, which is near where he works.

Was any body else with you? - There was one man with us, he did not go to Hall's apartments, I supped there, we had a piece of beef for supper, and some potatoes, nobody in company with us but his wife.

Did you speak to Byrne at all, before you sat down in the box when you went into the Crown? - No.

You do not recollect that you did? - I did not I am sure.

You are quite sure? - I did not ask him how he did, Hall only did, I never spoke to William Byrne till he came to me, neither did he know that I was there till he asked Thomas Hall whether I was there or no.

How long after Byrne came into the box to you and Hall was it before the prosecutor went out? - As near as I can recollect he went out about eleven, he came once to the entrance of the door, he did not come into the tap-room, but what he said I cannot recollect, he said something to the servant, to nobody else that I know of; he went out into the passage, whether he went out of doors I cannot tell, he went out of the tap-room, I observed him at the door, but what he said I do not know; he went out and never came in again that evening.

Court to Mrs. Wilson. Was you at the bar and the tap-room the whole of that evening? - I was not the whole evening, I was backwards and forwards about my business.

I think you said you did not see the prosecutor and prisoner speak together all that evening? - No, I did not.

Do you remember whether the prosecutor came back again after he went out at all? - I do not, he went to the door and called Peggy, as I observed before, and I told him there was no Peggy there, and he was rather troublesome, and I desired him to go about his business.

Did he pay for all the beer he had? - He had one pint, and he scrupled to pay for the beer before he had it, and I ordered my servant to take it away, and he paid for it, and I changed him a shilling.

Had he been out before that, do you recollect? - I do not know that he had.

Court. Let White step out a moment.

Court to Hall. You and the prisoner went away together? - Yes.

Did you go home with him? - He and I parted at the end of his court, I bid him

good night, and he wished me the same; and he said he should be up the next morning early.

What sort of hat had the prisoner on? - I cannot tell that.

Can you recollect whether it was a cocked hat or a slouch hat? - I cannot charge my memory really.

What sort of hat did he usually wear? - Sometimes a cocked hat, and sometimes a round one, I cannot tell which he had on that night.

Do you remember anything particular about his hat at all? - I do not.

Do you remember his hat having been blown in the dirt? - No.

Do you remember whether he had a hat or no? - Yes, he had a hat, to the best of my knowledge, but I cannot tell whether it was a cocked hat or a round one.

Are you sure he had a hat? - To the best of my knowledge.

Court. (Call in White again.) Do you remember anything particular happening about the prisoner's hat that evening, whether he had a hat, do you remember any thing said about it? - He had never a hat while I was there, I did not observe a hat, I did not see him with a hat at all.

ELIZABETH SMITH sworn.

I live at Mrs. Wilson's, and have done so five months.

Did the prisoner use to come to your house often? - Yes, several times since I was there.

Do you remember his being there last Sunday evening? - Yes, he was in company with several in the tap-room, but I cannot say with who particularly, on the Sunday evening.

Do you recollect how long he staid there, or when he went away on Sunday evening? - I cannot say particularly to the time.

Who did he go away with? - I cannot say particularly.

Do you recollect his being there at all on the Monday evening? - On Monday evening he was there from five till half past twelve.

How came you to recollect so particularly the whole of the time he was there on the Monday evening, and not be able to tell the time he was there on the Sunday evening? - May be I might not be there.

Yes, you say you was, but when he came, who he was in company with, and when he went away you cannot say; then how came you to charge your memory so particularly with the Monday evening? - Very likely I might be busier on the Sunday.

Were you so, I do not ask you what you might be? - I remember on the Monday, Mr. Byrne went out at half past twelve, that I am very sure of.

He came in about five you say? - Yes.

Who came in with him? - I cannot rightly say who was with him, any further than he was drinking with Mr. Hall, or Mr. White to the best of my knowledge.

Which of them did he come in with at five o'clock, recollect yourself now? - I cannot tell particularly, I know I saw them drinking together.

What all three? - Yes, I think so.

How soon after the prisoner came in did you see them drinking together? - I cannot tell to a minute.

I do not want you to tell to a minute, but how soon? - To the best of my knowledge they all three came in together.

Did you serve them with beer? - I drew one or two pots for them.

For them? - Yes.

How long did White and Hall stay there? - I think to the best of my knowledge Mr. White went away about eleven, or a little before, and Mr. Hall went home with the prisoner.

Who else was in company with them in the course of the evening? - I cannot recollect any particular person; there was a gentleman drinking, but whether he drank with them or not I cannot particularly say; I remember one person having a pint of beer, my fellow servant drew it, and a slice of bread.

Who was that person? - I think to the best of my remembrance it was the prosecutor, but Byrne I do not remember

his drinking with him, or eating anything with him on the Monday night.

What time did the man come in, do you recollect? - I believe it to be about ten, or near upon ten, I cannot rightly say.

Where was Byrne when the prosecutor came in? - I think, to the best of my remembrance, he was asleep, with his head on the table, when the prosecutor came in.

Where were Hall and White then? - I think Hall sat at a table by himself asleep at the time; I think he was asleep too.

Where was White? - Mr. White, I think, was gone, and Byrne and Hall were both a sleep; I think so, to the best of my knowledge they sat at different tables; there was a woman came in with some oysters at the same time, and this gentleman bought some oysters, but how many I cannot say, and he eat some, and gave some to my fellow-servant to take into the kitchen, and in a few minutes he called for the oysters, and he went to the door after the oyster-woman, and called Peggy, and he went out after her, but whether he knew her I cannot say; I cannot say whether I saw him and the prisoner speak together, but to the best of my knowledge he did not.

How soon did Byrne awake again after the prosecutor went away? - I believe he slept very near upon the time, he went home, and Mr. Hall too, and Mr. Hall went home with Mr. Byrne, and I saw him to the end of the court where he lives, I cannot say how far he saw him; I did not go with him, he said he would go to see him home.

Then you do not remember White, Hall, and Byrne drinking together, after the prosecutor came in? - No.

What they had was before? - Yes, to the best of my remembrance, I think so.

Who desired you to come here as a witness, my girl? - Come here as a witness! I only came here to speak what is the truth.

But who desired you to come to speak the truth? - My mistress got me to come.

When was you first told it would be necessary for you to come here, and speak about this? - I come to speak no otherway than the truth.

No, no, I am not questioning that, but when was you first told? - On Saturday last.

Who told it you then? - My mistress told it me.

Who was in company then? - My mistress, master, and me.

Were not the other witnesses Hall and White there? - No.

Upon your oath were not they at your master's house on Saturday night last? - Last Saturday.

Upon the oath you have taken were they or were they not? - Mr. Hall, I think was.

And Mr. White both? - I cannot rightly tell you, I am sure Mr. Hall was.

Now upon your oath was not Hall and White, and your mistress, and your fellow servant, and you all together at your master's house on Saturday last, enquiring what each of you was to say, and telling what each of you knew of this business? - No, Sir, upon my oath there was no such thing.

You swear that? - I will swear that, I can swear it.

Who told you that you must fix the time from five till half past twelve? - I spoke as near as I could.

Who have you talked with on this business? - Nobody, but my mistress and master thought it would be proper for me to come on this business.

Who is the prisoner's attorney? - I cannot tell, I have never seen him, I will be upon my oath to it.

How came it then that you so particularly recollect the time that the prisoner came and went away that particular day and no other? - May be I might be minding my business more one day than another.

Had you ever seen the prosecutor before Monday night? - I never saw him before the Sunday night, then the prisoner and prosecutor were drinking together.

How long were they together as you recollect that evening? - I cannot say particularly.

Do you know which of them went away first? - I cannot take upon myself to say not positively, nor whether they went out together I cannot tell, not positively.

Do you remember how much beer the prosecutor had on Monday night? - One pint, and a slice of bread, to the best of my remembrance that was all.

Then he did not stay long? - He was not above an hour, he might or might not be more, I cannot tell you.

Did he pay for that pint of beer when he had it? - No, he did not, for there was a dispute about his paying for it, he would nor pay for it before he drank it; my fellow servant drew it, and he went to the bar and paid for it himself.

What is your fellow servant's name? - Her name is Amey Garlick.

AMEY GARLICK sworn.

I have lived at Mrs. Wilson's five months.

Do you know the prisoner Byrne? - Yes.

How long has he used the house? - I cannot be positive to say how long he has used it.

Do you remember his being at your house the Sunday before last? - Yesterday was a week I remember very well, and on the Monday.

Who was he in company with on Sunday? - Along with that gentleman on Sunday evening, the prosecutor.

Which of them went away first? - I cannot take upon me to say which went away first on Sunday night, I cannot be positive to say which went out of our house first on the Sunday.

Did they come in together? - I believe it was about the dusk of the evening when they came in.

Did they come in together? - As far as I know.

Did you see them come in? - I will not be positive, but I saw them there together about the dusk of the evening.

How long did they stay? - It might be an hour or more, I will not take upon me to say.

Did you see them go away? - No, I do not remember.

Now we will see if you remember any better on the Monday? - Why, I take it, he was at our house about five o'clock on the Monday evening.

Do you know Mr. Hall and White? - By coming to the house, nothing further, I know them by sight.

Were they with the prisoner when he came in, on the Monday afternoon? - No, Sir.

What, neither of them? - No, I know that Mr. Byrne was there on Monday evening.

But did either Hall or White come in with him? - Not that I know of.

Did you see them there at all, on Monday evening? - Yes, both of them, Mr. Hall and White.

What time did you see Hall and White on the Monday evening? - I cannot be positive what time it was.

As near as you can recollect? - I cannot be positive to say, it might be about nine.

Do you mean to say that the prisoner was alone by himself, from five till nine? - I cannot be positive, he was very much in liquor when he was in our house, and slept on the table a good while.

Can you recollect when he first joined company with Hall and White? - He left the prosecutor's company to go into Mr. Hall's and White's company, the prisoner sat down by the prosecutor, the prosecutor came in about ten, as I look upon it.

Was either White or Hall there at that time, when the prosecutor came in? - As far as I know they were.

How long do you think they had been there? - It might be half an hour, or an hour before the prosecutor came in.

Had you served them with any beer before

the prosecutor came in? - I really cannot say.

Recollect yourself? - I served Mr. Hall and Mr. White with some beer.

Did you ever serve them with any beer before the prosecutor came in? - Not to my knowledge.

Can you tell me upon recollection, whether you saw them there before the prosecutor came in or not? - I cannot take upon me to say.

Did you see White and Hall come in? - I cannot say I did, the prosecutor came in nigh upon ten, he called for a pint of beer, and I drew it him, and upon calling for a pint of beer, there was an oyster-woman came in, and he had some oysters.

Who did he set down with? - By the side of the oyster-woman, and the prisoner was on the other side of him, in the same box, laying his head on the table, now and then.

Did they speak together at all? - Yes, but what they said I cannot say.

Was the prisoner asleep or awake when they came in? - He was asleep, I did not hear what passed between them.

How long did the prisoner stay in that box by the prosecutor? - Why, I look upon it when the gentleman went out of our house, that it was about eleven.

Did the prisoner stay in the box where he was sitting with the prosecutor, till the prosecutor went away? - I think the prosecutor awaked Mr. Byrne.

Now, after Byrne awaked, did he continue to sit with the prosecutor till the prosecutor went away? - I cannot say whether he did or not.

Where was Byrne when the prosecutor did go away? - In our house, in the tap-room.

When the prosecutor went away, was Byrne the prisoner in the same box, or was he in another? - No, I think he remained in the same box till the prosecutor went away.

Did Byrne remain in the same box, when the prosecutor went away? - I cannot take upon me to say.

Why cannot you remember that, as well as that he went away exactly at half past twelve? - Because there was nobody in the house, but this Mr. White, and Hall, and the prisoner.

When did the prisoner first join company with Hall and White? - That I cannot tell.

Was he in company with them at all? - Yes.

How do you know he was? - He took part of three pints of beer.

How do you know that the prisoner, and White, and Hall were together? - So far as this by Mr. Hall's going home.

Do you know whether Hall and White and the prisoner were at all together in company at your house? - I cannot take upon myself to say.

Can you say whether Hall and White were in company with each other at all or not? - Yes, they were together.

What, can you say that? - Yes, I think they were to the best of my knowledge.

Did you see them, together or did you not? - Yes, Sir, I really think I did.

I ask you positively, whether you saw them there at all that night? - I tell you I saw them there, but I cannot say whether they were altogether.

Were these two together? - Mr. White and Mr. Hall were together in our tap-room.

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

Reference Number: t17851019-75

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 19th of OCTOBER, 1785, and the following Days;

Being the EIGHTH 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 VIII. PART VII.

LONDON:

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

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of William Byrne .

Then you cannot venture to say whether the prisoner was with them or not? - I cannot take upon me to say, I will not take upon me to say, when Mr. White went away, Mr. Hall went out at the same time that Mr. Byrne did, I saw them both go together, and Mr. Byrne had a candle at the bar, I can take upon me so far as that.

How long before that had you seen them together? - I cannot say how long.

Then the sum of your evidence is this that you can swear positively, that the prisoner came there at five o'clock, and went away at half past twelve, and that Hall and he went away together? - Yes.

But nothing else you will venture to say? - No, I will not.

Now, who told you to say that? - Nobody.

Can you swear that? - I can be clear in that as day-light, that nobody at all told me to say so, indeed.

Do you know when the prosecutor went away? - I think he went away a little before we put our shutters up.

What time is that? - We put our shuters up at eleven, or a little after.

Did you see the prisoner there after the prosecutor went away? - Yes, Sir, I did.

You are sure of that too? - Quite positive of that.

Did you see Mr. White there after the prosecutor went away? - No, Sir, I did not.

Then you cannot say, whether White or the prosecutor went away first? - I cannot take upon me to say that.

Did you see Hall there after the prosecutor went away? - Yes, I did not see Mr. White after the prosecutor went away, to best of my knowledge.

What beer had the prosecutor while he was there? - I think to the best of my knowledge, he had a pint of beer, and a slice of bread.

Had he any more do you think than that? - Not to the best of my knowledge, and he had a penny-worth of beer that he pour-into his pint, but that he had with the oyster-woman; I served him with his penny-worth of beer, and his slice of bread.

Did he pay for it directly? - Yes.

How, with half-pence? - I think, Sir, to the best of my knowledge, it was a shilling he gave me.

Did he pay for it before he had it or after? - No, after he had it.

Do not you usually ask for the payment before? - Yes, but he scrupled paying for it when I asked him for it.

Court to Prisoner. Have you any more witnesses except to your character? - No, my Lord.

Court to Prosecutor. Have you any knowledge at all of the two people that were with the prisoner when they stopped you in Chick-lane? - No, I have not.

None at all? - No, Sir, I should not know them if I were to see them ever so, because they came like behind me.

Should you know the young man that went home with you and the prisoner on Sunday night? - Yes, that was Hall I think.

Had you any conversation or dispute with the prisoner on the Monday night, except about the shilling that you wanted him to treat you with? - No, Sir, he got up directly, and went to another box, I do not know who he went to.

Do you remember Hall and White being there? - I cannot say.

You cannot speak yourself, with any certainty to the time that you left the house? - No, Sir, I cannot, it was between eleven and one; it was between twelve and one, as they tell me, when I got home to my lodgings.

WILLIAM CRUTCHWELL sworn.

I live at Shadwell, I am a basket-maker, a master and house-keeper, I have known the prisoner about four years, the man worked for me near a year and half, and he always bore the character of an honest man, I never knew nor heard any thing to the contrary of him.

Do you know any thing of Hall and White? - Yes, I know the men, they have neither of them worked for me.

Do you happen at all to know what character they bear? - I never knew any bad character, I only knew them in the trade, I never heard amiss of them, I have knewn Hall many years personally, I never heard any thing amiss of them in my life any further than drinking at times.

JOHN MAYTON sworn.

I live in Gray's-Inn-lane, a basket-maker, the prisoner has worked for me two years, I am a housekeeper, he is a very honest man, and a very careful servant; Hall is a servant of mine, and has been four or five years, he is a very honest man; I know White, he never worked for me, but I have heard his character as a very honest young fellow.

RICHARD BURDY sworn.

I am a basket-maker in Surry, I am a house-keeper, the prisoner worked for me, about four months about two years ago, he is a very honest man as far as I know, I never saw any otherways by him; I have heard talk of Hall; I know White, he served his time in Water-lane, he is a very honest man, he served his time with one Mr. Bannister.

ELIZABETH DONALDSON sworn.

I live in great Hind-court, Chick-lane, the prisoner lodged with me, and has done so for two years the 1st of August last, I never heard anything but he was honest.

Ann Foster . I am a house-keeper, the prisoner worked for me in my husband's time, I carry on the basket-making business, he was a very honest man while he worked for me.

SARAH AVELYN sworn.

I live on Saffron-hill, I am a lodger, my husband and this Mr. Byrne were drinking together this Monday night from ten, and I was there, and the prisoner was very much in liquor when we went away, it was at Mr. Wilson's, the corner of Chick-lane.

Do you know the prosecutor? - I saw him sitting with a gentleman in mourning, but I did not take notice who it was.

Do you know whether it was that gentleman? - Yes, I believe it was, but I cannot take upon myself to say, he was sitting with an oyster-woman.

Do you know Hall and White? - No.

Did that gentleman speak to him at all? - Not while I was there, they were not at the same table.

Then he did not go up and speak to Byrne, when he came in and awakened him? - No, not while I was there, Byrne was awake when I was there, he was not asleep.

You went away about ten? - Yes.

Is your husband here? - No.

ELIZABETH PAPPS sworn.

What are you? - A publican; I live in Chick-lane, I have known the prisoner three years, and the other two, they are all three very upright, very honest, very just, and paid me every farthing, and that farthing too.

Who do you speak of? - The three basket-makers, I mean Mr. Byrne, Mr. Hall, and the other gentleman, I forgot his name; Mr. White I have known for three years, they have a club at my house.

Which of the three that you have been giving a character to is the prisoner? - Mr. Byrne; they never use my house much only when they have a club, which is once a fortnight.

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17851019-76

985. THOMAS OWEN was indicted for feloniously stealing on the the 1st of October last, a feather bed, value 18 s. a flock bolster, value 2 s. two pillows, value 3 s. one pair of pillow cases, value 3 s. a pair of linen sheets, value 8 s. a blanket, value 1 s. a coverlid, value 9 s. the property of James Cockill .

MARGARET HOSKINS sworn.

I live in Green-Bank, by Wapping-church , the prisoner took the key of my room out of my hand at a public house, and when I went home between ten and eleven, I found the door open, and the padlock open hanging on the staple, and the things gone; I am sure my goods were all in the room when I locked it, and that this man took the key; the goods were as mentioned in the indictment; the prisoner was a slight acquaintance of mine.

You meant he should go to your room, and stay there for you? - No, I did not.

He did not take the key against your will? - He did, I did not like to make any noise or disturbance; I did not lodge there above two or three days; the goods were the property of the prosecutor.

Mr. Knowles, Prisoner's Counsel. What may your employment be? - I am a poor unfortunate girl, driven to it by distress; I am willing to do anything in an honest way.

You first found the young man in the passage of the public house? - Yes, I had no quarrel with him.

Did not you break his pipe? - No.

Will you say you did not give him the key into his hand? - No, I never did, he took it out of my hand, I said I wanted no disturbance, I wanted the key.

Did not you give him the key, that he might sleep with you? - No, I gave myself up till the matter was found out, I told them they might do as they liked.

Did not they put you into the watch-house? - Yes, this man never appeared with the key.

In the morning did not this man after having made enquiries for you, come to the watch-house? - It was pa st two in the afternoon, he came to see me, he came into the watch-house, and I stopped him.

Did not you tell him Mr. Cockill would make it up for three guineas? - I never did.

JAMES COCKILL sworn.

I live at No. 1, in Black Horse-yard, the girl had been my lodger about three or four days before this affair happened.

What room had she? - It is only at room on the ground floor, the things in the indictment were a part of the furniture of that room, this witness came a little

before eleven on that night, to let me know that the things were gone; I went in, and the room was stripped, this is the padlock, which was unlocked; I know nothing of the prisoner but what she told me, I never got any of my goods again.

Mr. Knowles. I believe you know that padlock may be opened with a rusty nail? - I do not know.

Is that a common padlock? - No, it is not.

JANE COCKILL sworn.

I let the room on the Thursday to this woman, on Friday she came, I never saw her, on Saturday I came there, and the door was locked, about half after ten she came clapping her hands, and said she was robbed, and had given the prisoner the key.

Court. Did she mention the name of Owen that night? - Yes, twenty times.

Did you go after Owen that night? - We took him on the Sunday, he came to see her, I was sent to the prisoner, and he gave me the key, then he was charged on the Monday, he offered to pay for the half of the things, if she would pay the other half; I never found any of the goods; he said to this woman, that such and such people had sold the bed for fourteen shillings.

PRISONER's DEFENCE.

I leave it all to my councel.

Court. But will not you give the Jury some satisfaction with respect to this key, whether you did take it, or how you came to take it? - I was rather disguised in liquor when she offered the key to me, she wanted me to take it, but I would not.

JAMES PRITCHARD sworn.

He came into this house, and the woman came in, and struck the man and broke his pipe, and she threatened him with a warrant, she did not see him for three or four days, then they made it up over a quartern of gin, that was the 23d or 24th of last month, I will not be sure which.

Was that the day before he was taken up? - No, it was two evenings before, the man and her agreed to go home together, and in the presence of me she gave him the key of her room, she said she was going out, and should be back in a short time, and if he wanted to go home there was the key; I never saw her give him the key afterwards, on the Saturday following, she came into the tap-room again, wanting the man to go home with her, which he would not, he was in this house from the hour of eight, till within a quarter to eleven, when he went home with another woman that he has lodged with me these two years past; being in liquor, the woman says he staid there till very nigh eleven on the Sunday, and on the Sunday after we had dined he came and asked me to go to see this woman here, I do not know her name, and as we were going down to her house a woman asked him if he was going to see Peggy; says the woman she is in the watch-house, and he and I went there, and as we went to the watch-house she detained him.

What is the prisoner's character? - As far as ever I saw he behaved extremely well, he is a seaman.

THOMAS BRASSETT sworn.

The prisoner was a lodger with me in my house, after he came home from Greenland, I have always seen him behave with sobriety, and I have let him have money at different times.

Where was he that Saturday night? - I do not know.

JAMES READ sworn.

I saw this woman give him the key on Saturday night, between eight and nine, I am sure she gave him the key in the taproom.

Court. What did she give it him for? - I cannot say, she gave him the key, and said he might go home if he liked; the prisoner is a seaman, and has a very good character for what I know.

MARTIN SMITH sworn.

On Saturday I was with the prisoner,

he was then in the tap-room, I had been to draw some beer, coming up I found the prisoner with his arms round the woman, desiring her not to strike him; I desired peace, and after he let her loose he flew at her again; I desired her several times to be quiet, but she would not, and she said she would have a warrant against him, and about one or two afterwards I saw one of the officers come in with her, he said he wanted Thomas Owens , but the rest of the lodgers told him to keep out of the way; I believe on the Monday she came down, and one persuaded another, and she said she would make it up, and they made it up, and had a quartern of gin; but she came in again and saw him with a woman, that was, I believe on the day before he was taken up, and she seemed to be jealous, and she said she would fix him one way or the other; at that time she had not the warrant against him, because he had settled the warrant; about a quarter before eleven, or half after ten, he went out, and she said are you coming home, and I saw them both go away together from the door; I never saw anything of him to bear a bad character.

ALICE POTTINGER sworn.

I know the prisoner, I remember the time when he was taken up, he asked me in to drink, and he detained me till almost eleven o'clock; I asked him to go home and sleep at my house, and I would make him up a bed, being in liquor; and he went out about eleven in the morning; I cannot say I saw this woman there, I was in his company from six till I believe a quarter before eleven, and he went home with me.

NOT GUILTY .

Reference Number: t17851019-77

986. THOMAS HOPKINS and HENRY DICKSON were indicted for feloniously stealing, on the 7th of October , five yards of hempen cordage, value 5 s. the property of Robert Martin , and John Wiltshire .

ROBERT MARTIN sworn.

I am in partnership with Mr. John Wiltshire , I lost the cordage mentioned in the indictment; it is about ten yards long, I know nothing of the prisoner, Gray the officer came to me, hearing we had lost some.

JOSHUA GRAY sworn.

I am headborough belonging to the liberty of the Tower; I sat up this night, and going home in the morning at five o'clock, I perceived two men with a burden, it was rope they each had on their shoulders, I asked them how they came by it, they directly made a struggle, and flung it off their shoulders, and ran away, and a watchman brought one of them back, I am positive the prisoner he brought back was one of the two, he was admitted King's evidence, and upon his information the prisoners were taken and committed, the prisoner Dixon and the evidence had the property on them, the other man was not one.

(The cordage produced.)

Prosecutor. I believe it to be mine, I cannot say positively.

(Deposed to by Robert Chisolm who whipped it.)

JAMES WRIGHT sworn.

I am a watchman, I took the evidence.

HENRY SHAFTOE sworn.

On the 6th of this month in the evening I got in company with the prisoner Dixon and another that is not taken, at the Blakeney's Head, in Back-lane, we staid there till past ten at night, and he said to me, will you go with me, I told him yes, and we went from there down to Tower-stairs, there we got a boat, and went down to New Crane, and cut one headfast away from a barge, we came up again to Billinsgate, and had a pot of beer and some bread and cheese, and came down again above the Hermitage, and cut two headfasts more away; and in the tier of craft below we cut another, we got on shore, and walking

up Shorter's-street, this gentleman stopped me and Dixon, with the property on our shoulders, we had each of us two; I knew Dixon before, I knew Hopkins, but did not know his name; this is the first time I ever was confined in my life; Hopkins had the scull on his shoulder, when he was stopped.

PRISONER HOPKINS's DEFENCE.

I went into this public-house to get a glass of peppermint, as I have generally in the morning before I go to work, I met two of my shipmates, I met with them as the officer took me.

PRISONER DIXON's DEFENCE.

I am lately come from Greenland.

The prisoner Dixon called one witness to his character.

THOMAS HOPKINS , NOT GUILTY .

HENRY DIXON , GUILTY .

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

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

Reference Number: t17851019-78

987. ELIZABETH WATSON was indicted, for obtaining one piece of Irish cloth, value 50 s. the property of John Wiltshire , upon false pretences, with intent to cheat and defraud him thereof .

JOHN WILTSHIRE sworn.

About the latter end of July, the prisoner came into my shop on Tower-hill , but I do not recollect the day, she came to purchase some goods in the linen way, she said my name is Watson, you recollect me, I immediately shewed her some low Irish cloths, then some finer of the same widths, she said she was recommended to me as being in the retail way, supposing me could do better than going to a wholesale house, though she was recommended by her friends to go to the wholesale house; and she asked me if I would allow her discompt, I told her it made no difference, if I put on the discompt I must charge her rather more, and she agreed to buy them at a ready money price, she looked up various other articles after of Irish cloths, I shewed her some table clothes, she begged to have a proper assortment, for she had taken a shop about three months, and she mentioned several people, one or two in particular; I asked her where she had taken a shop, she said, in Paradise-street; I asked her how long it was a shop, whether it was a shop before, she then said, she resided there; I asked her how long, she

said, about three months; I asked her wh she dealt in particularly, she said in the millinery way, and in the linen drapery way in a small degree, but she had friends, and hoped she should do very well; after the table cloths she asked for some handkerchiefs, and indeed a regular assortment all the way through, she looked out I suppose to the amount of fifty or sixty pounds; she then wished to see a remnant of fine Irish, I shewed her two or three cut quantities of fine Irish, she said it was for a particular customer, and begged I would be very particular in that, for she wanted to shew it that afternoon, I at length found a bit that pleased her, and which I thought was very good, I told her I would send it in with the other goods, she said her children wanted to go to school, and begged I would let her take it with her, and make a bill out, and send them altogether; can you send them, says she, this afternoon, and she would pay for that Irish, when the other goods were delivered to Paradise-street, Rotherhithe, in the morning; I rather hesitated letting her take it, out of a degree of complaisance, I told I would rather send it; no, says she, I shall take a boat, it is no trouble, I will take it, if it is agreeable to you; she behaved in such a manner that I would not offend her, I rather run the hazard of letting her have such a quantity of Irish, I did not suspect she was such a kind of a woman; and she went out of the shop with it; I sent the goods the next morning, she described the house to me within two or three doors of the lane, where in fact she lived; I went down myself into Paradise-street, up and down, and looked at every house, and went likewise to Paradise-row, and I saw no such thing as she described, there was no such shop of the kind that she mentioned; I made some few enquiries there, and there was no such person, only one person shook his head when I enquired after her.

Did you enquire whether she had any house or shop in Paradise-street? - I did, but I could find no house or shop in that name, nor there was no such person lived there.

Did you enquire of anybody that was likely to know, such as the parish officers? - No, I enquired of two poor inhabitants, then I asked this linen-draper, supposing him to be most acquainted; here is one of the inhabitants here.

When was this woman taken up? - I accidentally met her myself the Saturday before the sessions before last, in Rosemary-lane, I knew her again perfectly well, it was about six weeks before that she had been at my shop.

Did you stop her then? - I did, in the street; she begged I would not expose her; a few people began to collect in consequence of what I said; I took her into a house, and I began to ask her how she could, a woman of her appearance, deceive me in that manner; she said she was drawn to it by a bad husband, she had lived extremely well, but was plunged into distress by very unhappily placing her affections on a very bad man, who had left her with two children; she appeared very sorry and had never done the like before but to me, in consequence of what I had heard, I enquired about it, and had it been distress, I would have acted otherwise; I afterwards went for an officer, and had her committed.

FRANCIS HOLDSWORTH sworn.

I live at the end of Paradise-street, and have lived there six months, I know the neighbourhood well.

Do you know any woman of the name of Watson that keeps a linen-draper's shop there? - No.

Has there been any such within the last six months? - No, I was born there.

Can you undertake to say with certainty that there never was a person of the name of Watson kept a shop there? - There never was any shop in that street.

Are you clear of that? - Yes.

PRISONER's DEFENCE.

My Lord, I met with Mr. Wiltshire, and went with him, I staid for some time, I staid till past four o'clock then I went

voluntarily to his house, he promised me favour; I have a very large family, and am now ready to lay-in, and my distress is very great.

Have you any defence to make as to the charge itself? - None at all, I certainly had the cloth.

Have you any witnesses to attend to your character? - They attended at the Old-Bailey, but I do not suppose they are here.

GUILTY .

Court to Prisoner. How many children have you? - I have eight children.

(The prisoner had one child with her about four years old, and said she had another, a twin.)

How long has this woman been in custody? - About six weeks in the Poultry Compter, till last week, she is now in Newgate.

Court to Prisoner. Elizabeth Watson , you have been convicted upon very clear evidence of an offence of a very dangerous tendency, and the Court, the Lord-Mayor, and myself feel a very considerable difficulty from the situation in which you stand, you appear personally to be by no means an object of favour, because not only this offence has been very clearly proved, but there is too great reason to suspect it does not stand singly, but that you have made a practice to defraud honest and industrious tradesmen and housekeepers, who are to gain their livelihoods, of their property under a false and groundless pretence; it is an offence against the public, and we feel ourselves bound in point of justice not to let such an offence pass unpunished, we dread the effects as an example; at the same time your present situation, being far advanced in pregnancy, render imprisonment to you of unusual severity; we are therefore inclined to take that circumstance into our consideration, as far as consistent with public justice we can, and on that ground, and on that ground alone it is, that we have determined greatly to mitigate the severity of that sentence, which in justice we should otherwise be bound to pronounce against you, it would not have appeared to me, nor I believe to his Lordship, by any means proper to have dismissed you with a sentence of less punishment than twelve months; but that sentence might be attended with consequences even dangerous to your life; and that of the unborn infant; therefore we shall in this particular instance, in compassion to that situation, and regard to the risque of your own life and your insant, mitigate that sentence, and content ourselves with sentencing you to such a term as with what you have suffered will make but three months; that is, that you be imprisoned in the Poultry Compter six weeks , and we hope that compassion which has been shewn to your situation, will be an additional motive to you not to return to your evil courses, for you are now very well known, you are known to this court; and if brought here again, no situation will be sufficient to excuse you from exemplary punishment.

The said ELIZABETH WATSON was again indicted for obtaining goods, value 42 s. the property of William Lane , by false pretences .

Court. The prosecutor on account of her situation does not appear to give evidence.

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17851019-79

788. THOMAS CONNER was indicted for obtaining, on the 8th day of May, 1784 , one hat, value 16 s. the property of Richard Donn , upon false pretences, with intent to cheat and defraud him thereof .

WILLIAM BUCK sworn.

I am an apprentice to Mr. Donn, the

prisoner came to me, I cannot tell the day of the month, nor the month, he said he came from my master's house, and said he came for a hat that was delivered by mistake, and he would bring another hat directly, and I gave him the hat; Mr. Morfet is a hatter and hosier, and he had sent a hat home by his servant, my master deals with him, and had a hat of him that day between five and six, and this man came in about a quarter of an hour after it was brought home.

How was the prisoner dressed? - I cannot tell, only his hair was tied behind, and he was a pock-freckled young man.

How long was it before he was taken? - About a year and a half, and better.

Did you never see the lad before? - No.

How can you possibly undertake to swear to a stranger at a year and half distance? - By his hair I can swear positively to him.

You can? - Yes.

RICHARD DONN sworn.

I live in Coleman-street, I know nothing further than I had a hat sent home which was lost; Robert Morfet is not in town.

Is there no witness from his house? - None at all.

Court. Independent of the length of time which alone would have been sufficient proof to induce you to doubt the boy's recollection, here is no evidence at all to the material part of the charge against him, for there is no proof Mr. Morfet did not send him.

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17851019-80

989. THOMAS ROBINSON was indicted for that he, on the 1st day of October , having in his custody and possession a certain false and fictitious paper writing, purporting to be directed to Mess. Harris , Prescott , and Howard , Bow Church Yard, and to be a letter and memorandum requesting them to give the bearer four pieces of Irish linen at about 4 s. per yard, did obtain the same by false pretences .

JOHN GROOMHERD sworn.

I know the prisoner, and I am very sorry it has fallen to my lot to appear against him, but if he had not, in all probability I must have taken a trial in his stead; I have seen the prisoner eight or nine times, I do not know what he is, I am a ticket porter; on Monday, the 30th of last September, about twelve at noon, the prisoner came to the Temple-gate, and he says, porter, will you go and do a job for me this afternoon about four o'clock? I said if I was in the way I would; he said, he would call at that time as he was going away, but he turned round, and says, porter, I have recollected myself, it will suit better for you to go at three; I did not see him that day, at all, on the next day, on the first of October, he came about half after twelve, I was looking down the Inner Temple lane, and about half way down I saw the prisoner, he put his fingers up and I came to him, says he, now can you do the job you was to do yesterday? I said, if you please; he took me down through the Temple in Temple-street, Whitefriars, then he pulled out this note, and gave it to me; I am sure this is the note, I had it from the prisoner; now says he, go according to the directions of this note, and you will receive a parcel, and bring it to me, at the Pied Horse, in Chiswell-street, and if you should be there before me, wait, but if I am there before you, I will wait till you come; I looked at the note, and I saw it was directed to Mess. Harris, Prescott, and Howard, linen drapers, in Bow Church-yard; the note was wafered; I told him I would go immediately, I was going, and he said, porter, I want to speak to you, if they should ask you where you come from, say you came from No. 5, Moor-place, Moorfields, I went with the note, and gave it, as I found

afterwards, to Mr. Prescott, I believe he went into the compting-house to read it; in about five minutes he came out, and said, porter, did the gentleman mention what price he would give? I said, I do not know, he told me to come for a parcel, and bring it to him at the Pied Horse in Chiswell-street; he said very well, he would go and look them out immediately, and I must give that justice to Mr. Prescott to say, that there is not a tradesman in the city of London could look out a parcel quicker than Mr. Prescott did, but it was not the same sort that the prisoner sent for, Mr. Prescott went to look out the parcel, he did produce some linen to be sure, but it was a great deal smaller than the prisoner sent for, and of a different quality, for instead of looking out the four pieces of linen, he looked out a white night cap, which was on the head of a constable, who took me into custody; now says he, my friend, I shall take care of you, till you find out the person that sent you, I was defrauded out of several dozens of handkerchiefs by a note similar to this hand-writing; I cannot say, my Lord, but what I was a little ashamed, but when I recollected myself I said, I know nothing of it, I am innocent, I came in my profession as a ticket porter; says he, I do not know that; says I, I belong to a society, which the present worthy Lord Mayor is president of, it is called the Guardians; and if I had ever been concerned with any swindler, I must never look them in the face any more; he asked me who I knew belonging to the society, I mentioned many respectable characters about Cheapside; Alderman Plomer is our governor; we give two securities of fifty pounds each; says I, if you detain me here, it will not be the way to find out the person, you had better let the constable go with me to the Pied Horse in Chiswell-street; then Mr. Prescott had a consultation whether he should send any linen, but it was agreed, that it should be a parcel of waste paper, tied up in the form of a roll, for me to carry under my arm, that if the prisoner saw me he should not think any thing was amiss; then it was agreed for me to go, and the constable and his assistants, I was to walk first, and they were to walk behind me, Mr. Prescott was to come behind at some distance, and the constable and his assistants were to go into the tap-room, and take no notice of me, and I was to go in, and go to the bar, and enquire for the gentleman; accordingly we went, and I went in first into the tap-room, I called for a pint of beer, and asked the gentlewoman at the bar, if there was a gentleman there waiting for a porter that had been into the city about some Irish linens; she desired me to sit down; says I, I had rather not, I will go to the door, and may be I may see the gentleman one way or the other, I went to the door, and I had no sooner come there, than on casting my eyes across the road, I saw the prisoner standing in Moorfields, he saw me and held up his hands, I held up my hand, and held up the parcel, he seemed to be very well pleased, then he came forwards out of Moorfields into the middle of the road, and I advanced and met him at the right hand corner of Chiswell-street, where there was a penthouse, and we went down there; says he, well! (and smiled) you have got it; yes, says I, you villain! and I have got you; and I took him by the collar, and I turned round, and saw the constable about ten or twelve yards off, I held him fast, and gave them a beckon, they came up, he trembled, and said, what is the matter? then I delivered him to their charge.

What did he say for himself? - He said very little, he said what was the matter; we went into the Pied Horse, and Mr. Prescott came in, then it was agreed to take him to Mess. Rogers and Co. at No. 5, Moor-place, whose names he had presented; we all went in together, Mr. Rogers came first, he said he knew nothing of the handwriting; the prisoner was present; Mr. Rogers said he knew the defendant, that he was formerly a clerk in their compting-house: I am sure this is the note.

(The note read, directed to Mess. Harris, Prescott, and Howard, in Bow Church-yard.)

"Mess. Rogers and Bromfield present

" compliments to Mess. Harris and Co.

"requesting they will give the bearer four

"pieces of Irish linen, value about 4 s. and

"inclose bill of parcels, as they are going

"on board immediately."

"Moor Place."

Mr. Peatt, Prisoner's Councel. You are a porter at the Temple gate? - Yes.

You are a city porter then? - Yes, I had seen the prisoner about a twelvemonth ago, but never above eight or nine times in my life, I had not a great deal of conversation with him.

Did not the person explain the nature of the business? - No, Sir.

You was under some apprehension for yourself if you had not found out some person to fix this upon? - I was detained.

When you came to Chiswell-street, I believe your fears would have been realised if you had not found some person to fix this upon? - I fixed on the right.

The party was not at the Pied-horse? - No, I know the man again.

Pray, Sir, as you have been extremely tenacious concerning your character, has it ever been your misfortune to be suspected of any little depredations yourself? - Yes.

What was the result of that suspicion? - Not felony, I never was tried in my life, I was in custody for an assault, and it was ordered up by a general release.

WILLIAM PRESCOTT sworn.

I remember the last witness coming to me with a note, I have had the note in my possession the greatest part of the time, and I have put the initials of the house upon it, this is the note that was brought by the porter which has just been examined; I suspected it, because we received a similar note in July, and delivered goods in consequence; when I received this note, I went into the compting house, to compare it with the note I had received before, and it appeared to be the same hand writing; upon that I immediately sent for a constable.

Upon your detaining him, what story did he tell you? - He said, he knew nothing of the contents of the note, he totally denied it; he said, he knew the man that gave it him, and could bring several reputable people to appear for him, and convinced me thoroughly that he was not concerned, and he told me where the man was to be found.

Mr. Peatt. You know nothing of the hand-writing, but that it bears a resemblance to one you formerly received? - That is all.

DANIEL DENSON ROGERS sworn.

Is that your hand writing? - No.

Is it your partner's? - No.

Do you know the hand writing at all? - I think it resembles the prisoner's hand writing, he was once a clerk in our house, I have frequently seen him write.

Do you believe it to be his hand writing? - It has a very strong resemblance, it is not the hand writing of any body now in the house.

Did you ever send for these goods? - No.

Mr. Peatt. How long is it since the prisoner served you in quality of clerk? - About two years.

Did he seem conversant in the management of business? - He was very clever at business.

You considered him as rather an intelligent young man? - Certainly.

How did he behave in that capacity when he was with you? - He was very clever in business.

Do you recollect giving any verbal order respecting these things? - No.

SIMON COOKE sworn.

I am a constable, I went with the porter; the first time I knew the prisoner, to take notice of him, was underneath the farriers shop, the porter had stopped him.

PRISONER's DEFENCE.

The note that was carried, was not my hand writing, nor was it received for me, the man that has given this evidence to day is in the habit of giving evidence: my education at school gave me an opportunity of

forming many connections, which disappointment in my family have rendered me unable to support, I have known the Duke of Richmond better than three years, I was introduced to his Grace by the Honorable Mr. Lenox, on my returning from Gibraltar, where I was all the siege, I was recommended by the Duke of Queens-borough, I went out as clerk.

Jury to Groomherd. You took a note from a stranger, and undertook to deliver a lie, and to say that it came from No. 5, Moor-place? - In my profession, I tell more than a hundred lies in a week; gentlemen frequently give me a letter, and, say, porter, you must say you came from the Change, when I came from Covent Garden.

The Jury desired to withdrew and returned with a verdict,

GUILTY .

Court to Prisoner. You have been convicted by the verdict, by a very attentive Jury of this fraud; and I am now at liberty to say that I entertain no doubt in my own mind, that the Jury have selected the truth of this case from the evidence; the offence is of a very dangerous nature, a person who has lived in a situation of credit as a clerk to a house of character, making use of the name of that house to obtain credit, and defraud them of their property, is an offence the most difficult of all others to guard against, and which therefore ought to be watched more particularly, and punished with more severity; for few kinds of fraud are more dangerous, and more prejudicial to trade, and it seems to me that there is very little distinction as to your guilt, between the attempt you made by the note you wrote and sent by the porter, and the completion of that guilt, which depended upon the credit that note might obtain with Mr. Prescott, for the delivery of the goods; the Court therefore think they should not discharge their duty to the public, and afford the protection which they owe to the trade of this great City, without sentencing you, which they now do, to be imprisoned for the space of twelvemonths, in his Majesty's gaol of Newgate ,

Court to Groomherd. You have cleared your character from all imputation.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851019-81

990. JOSEPH JEFFERY SMITH was indicted for wilful and corrupt perjury at the last Session, at the Old Bailey, on the trial of Jane Langley and Mary Finn .

The record of the conviction read and examined by the Court.

EDMUND HODGSON sworn.

Court. Read the whole of the prisoner's evidence from your short hand-notes.

The Short-hand Writer here read the evidence, as in the seventh part of the Sessions Paper of the last Session, page 1071.

Court. Was Smith sworn? - I do not remember the man.

ROBERT ROBINSON sworn.

I remember Smith being sworn as a witness upon the trial of these two women.

Did you hear him give that evidence that was stated by Mr. Hodgson? - Yes.

Did he ever make you any such offer of making it up for four guineas, as is therein mentioned? - Yes.

Where was it? - At the Brown Bear , East Smithfield, I think it was the first of August.

What did he offer to you? - Four guineas.

What to do? - To make it up, and not appear against the prisoner.

Who was present? - Mr. Burton, and one Brown that was along with me.

Prisoner. Ask the man whether it was the first of August or no; I think I heard in the indictment, it was on the first of August, I was not in London on that day,

I was in Chelsea, I went out on a day's pleasure, my wife, and me, and my master's daughter, from the morning till nine o'clock at night.

Court to Robinson. Recollect what time of the day it was? - It was in the afternoon about two or three.

What day of the week was it? - It was on Thursday, I believe.

Endeavour to fix the time as well as you can, what day was you robbed? - On Friday evening, the 29th of July; on Monday the 1st of August I took the prisoner, this conversation was the Thursday following.

- BURTON sworn.

I was present with Robinson, after the Justice committed the prisoners; we went to the Brown Bear , and had sixpenny-worth, and the prisoner and another man came in, and the prisoner and the other man, both said, they would give four guineas to make it up.

Which of them said so? - They both said so several times.

Not both together? - One after the other.

Did the prisoner ever say so? - Yes, I am clear in that.

What did he offer Robinson the four guineas for? - Not to appear against them, and I went to the Justice myself and asked him.

Do you recollect where this was? - I cannot really say, it was on Thursday.

Are you sure of that? - I am.

Prisoner. Did you see me offer any money? - No, I did not see any money at all.

Did not Brown say to Robinson, if the girls and I could make up four guineas, will you be agreeable to make it up? - He asked me if I should take it.

Was that after the offer by Smith? - Yes.

Court to Robinson. How came you to think that it was the third day after the robbery that this conversation passed? - It was the day they were fully committed, was on a Thursday.

PRISONER's DEFENCE.

My Lord, I do declare, I never offered him any such money, I had no such money about me, this Brown and I went over to the Brown Bear , where that man and Burton were together, we fell into discourse; Brown was gone to the Justice's a long while, and Mr. Burton wanted to go home, I said, I will give a step to see them; but it is very false that I offered them the four guineas.

Where is Brown? - I sent after him but he could not be found, he lives in Wapping, I have some friends here to give me a character, I never was in a prison, and it was the first oath I ever took, and I hope it will be the last.

CORNELIUS CALLAGAN sworn.

I know the prisoner, he has worked for me thirteen months, I have known him about fifteen years, I never knew any thing bad by him.

JOHN SMITH SHEPHERD sworn.

I have known the prisoner fourteen months, all I have seen by him was his going to his master's house, and I always saw him industrious and at work, he lives in my neighbourhood.

Prisoner. I did not come for the sake of reward, nor was I hired to come; I lost four or five days besides my imprisonment, I have been five weeks in Newgate, I never was before any Magistrate before, since I have known what life was; this is such a disgrace to me, that if my master will not take me again, I must go and leave my native country.

GUILTY .

Court to Prisoner. You have been convicted of a crime which is one of the most dangerous to society of any that can be committed: perjury, in all cases, is a very heinous, and a very dangerous offence, it

takes away the only security that the law can provide for the due administration of justice, which is the civil power in criminal prosecutions; and it appears to me that a perjury in criminal cases, is more criminal than in a civil trial, where property alone is concerned: this offence of perjury, in behalf of a prisoner, is somewhat less than that against a prisoner; for where that produces conviction in a capital case, it appears to me to fall little, if anything, short of the guilt of murder: but still this is a very high and dangerous offence, for the consequence of it is to endeavour to interrupt the course of Justice, and to screen the guilty from punishment; and it has this further tendency, to render all testimoney on the part of the prisoners suspected: you have in the course of your defence, made one observation which appears to be a just one, and which points out to the Court very distinctly the line of their duty in the present case, and that is, that by this transaction your character has been taken away, so that you will not have an opportunity of obtaining your living in this country, and must be obliged to go abroad; that marks out the line of conduct for the Court to pursue; and, therefore, the sentence of the Court is, that you be imprisoned for one week in Newgate , and then transported beyond the seas for the term of seven years, to such place as his Majesty with the advice of his Privy Council shall think proper to declare and appoint .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17851019-82

991. RICHARD DREW was indicted for wilful and corrupt perjury .

The witnesses called, and not appearing, the defendant was ACQUITTED .

Reference Number: t17851019-83

992. JOHN JOHNSON was indicted for uttering a counterfeit shilling to one Elizabeth Shaw as a good one, knowing it to be false and counterfeit .

There being no evidence the defendant was ACQUITTED .

Reference Number: s17851019-1

The Sessions being ended, the Court proceded to give Sentence as follows:

Received sentence of death 12. viz.

William Vandeput , Daniel East , James Beaman , Francis Storer , James Nesbitt , John Isaacs , John Davis , William Shergold , Edward Preston , George Manning , otherwise Francis Hill, Michael Smith , and William Powley .

James Scott did not receive sentence of death, his case being referred to the opinion of the twelve judges.

To be transported for seven years, 27.

Robert Simpson , Maria Hamilton , John Henderson , William Hicks , Joseph Bolus , Jeremiah Shepherd , John Arnold , John Allison , James Rooke , James Jordan , John Ford , Jarvis Bradbury , Thomas Band , Joseph Osborne , Matthew Dell , John Brewer , John Burman , Thomas King , William Jackson , Robert Roberts (Africa), George Rankip , Charlotte Springmore , Mary Harrison , William Kelly , Joseph

Farrington, Frederick Belk , Thomas Ridge .

To be imprisoned one year in the House of Correction. 6.

Judith Reading , James Graham , Sarah Harris , Susannah Martin , William Smith , alias Newman, Henry Dickson .

To be imprisoned six months in the House of Correction. 14.

Robert Richardson , Mary Goutrie , James Worthy , Ann Taylor , Mary Burch , John Simmons , Ann Smith , Elizabeth Fox , Jeffery Callen, Caleb Warren , Frances Jackson .

To be imprisoned one month in Newgate. 1.

John Cleverly .

To be whipped. 5.

John Barlow , James Graham , James Worthy , John Simmons , William How .

Fined 1 s. 4.

John Wood , John Cleverly , George Woodward , William Harding , William Morrow , alias Murray, a capital convict, received his Majesty 's pardon, on condition of being transported for life to the British settlement in the Bay of Honduras.

The trial of Messrs. Goodrige's and Evans, for forgery, was postponed till next sessions, the validity of the will of Mr. Sawtell being still depending in the Commons.

The trial of Zachariah Bevan for forgery was postponed, on the ground of a will, being also in litigation.

Reference Number: a17851019-1

Mr. HODGSON

RESPECTFULLY returns his most grateful Thanks to his Employers and Pupils, for the preference they have thought proper to give to his Mode of teaching and writing SHORT-HAND, which he flatters himself is at once as concise and correct as any other System; he continues teaching in four hours, by four lessons, the whole necessary Instructions in this much approved Art. He also takes Trials and Arguments with the utmost Care, which are copied so expeditiously as to be sent home the same Evening, if required.

Mr. HODGSON (without the smallest Imputation on the Systems of his Cotemporaries, whose Merits he chearfully acknowledge) pledges himself to take nothing for his Transcripts, if any Gentleman who solicits a Cause, or the Council whose Arguments he professes to take, are not compleatly satisfied with his Performances.

No. 35, Chancery-lane.

N. B. HODGSON'S IMPROVED TREATISE ON SHORT-HAND, price only 2 s. 6 d. being a sufficient Instructor of itself: and also his new Publication, entitled,

"SHORTHAND

"CONTRACTIONS, adapted to every System of Short-Hand; to which are added,

"a Comparative Table of Short-Hand Alphabets, and two Extracts by way of Specimen;

"with two Copper-plates annexed," are sold by J. Walmsley, Chancery-lane, and also by Bladon, Matthews, Egerton, Almon, and all the Booksellers.

Letters (post paid) from Purchasers of either of his Books, directed to Mr. Hodgson, No. 35, Chancery-Lane, will receive immediate Answers.


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