Old Bailey Proceedings, 14th December 1785.
Reference Number: 17851214
Reference Number: f17851214-1

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 14th of DECEMBER, 1785, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. THOMAS WRIGHT , LORD MAYOR OF THE CITY OF LONDON

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. 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 THOMAS WRIGHT , LORD MAYOR of the City of London; the Honourable EDWARD WILLES , Esq; one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Serjeant at Law, 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.

Samuel Smith

William Holme

Robert Walker

Samuel Roberts

John Payne

Richard Reilly

Joseph Lambert

Owen Jones

Edward Rogers

Samuel Coombes

Thomas Walter

Daniel Laurence .

First Middlesex Jury.

John Dorman

John Finney

* John Slunt

* Allis Peter Pettit served part of the first day in the room of John Slunt .

Thomas Finney

Humphry Sidenham

+ James Dennivet

+ John Taylor served part of the third day in the room of James Dennivet .

James Paul

Charles Wilbraham

Edward Chesterton

Adrian Maskins

John Walsh

Andrew Stirton

Second Middlesex Jury.

William Folkard

Wynn Ellis

William Ostliff

John Irons

John Stedman

William Bond

Adam Maclane

William White

John Best

James Hillier

Thomas Knight

John Reynolds

Reference Number: t17851214-1

1 CHARLES SEYMOUR otherwise MOORE was indicted for feloniously stealing, on the 21st day of November last, two woollen cloth coats, value 3 l. one sattin waistcoat, value 10 s. one silk and cotton waistcoat, value 10 s. one woollen cloth waistcoat, value 5 s. two pair of woollen cloth breeches, value 20 s. one pair of shag breeches, value 10 s. one pair of silk breeches, value 10 s. six pair of silk stockings,

value 20 s. one pair of thread stockings, value 12 d. six linen shirts, value 40 s. three linen handkerchiefs, value 3 s. one pair of leather boots, value 5 s. one man's hat, value 8 s. two leather pocket books, value 5 s. the property of Edward Poore the younger, Esquire , in his dwelling house .

A second count, For feloniously stealing, in the dwelling house of the said Edward Poore , the younger, Esq; one promisory note, called a Bank Post Bill for 48 l. marked No. M. 7985, dated 18th of August, 1785, signed by John Greenway for the Governor and Co. of the Bank of England, by which at seven days sight was promised to be paid that his solar Bill of Exchange to Edward Poore , Esq; value received of Thomas Herne , indorsed by the said Edward Poore the elder, the same being the property of the said Edward Poore , the younger, and then due and unsatisfied to him the proprietor thereof, against the statute.

EDWARD POORE sworn.

When I am in town, I live in chambers, there is but one stair-case to the chambers, and they do not communicate, there are two keys, a separate key of each room, there are no duplicate keys of either room; the prisoner had been in my service occasionally for six weeks at Salisbury, not in my house, but at London, I took him to sleep in the chambers, he lived there a fortnight: on Monday the 21st of November, at six in the evening very nearly, I left my chambers, and left him in the chambers; I had at that time, put into my cupboard by the side of the chimney, in which I usually kept valuables, two pocket books, one including the other, and the inner pocket book including a Bank post-bill, value forty-eight pounds, which will be produced and sworn to, which I had received about a week before in a letter from my uncle in Wiltshire, who was the indorser; and there was another bank bill that is not in the indictment; I had taken out the pocket book that morning and examined the contents, I had not taken it from my person till I put it into the closet, I left the prisoner at six and told him I should return about eleven; I did not return till some time towards twelve, upon my return, I found the door of my own chamber fast, nor could I find the key; I found the door of the upper room fast, the outer chamber door, and after some search I found the key of that upper room (there was only one key to it, which was in the prisoner's custody) and I found that key thrown into a window of the staircase; I then proceeded into his room, and looked for his box where he kept his things.

Was his door also fast till you found that key? - Yes, I found his box was removed, that gave me the first suspicion of a robbery, I sent the porter of the Inn to call up a smith to force open the door of my own apartment, that I might get in; he easily forced the outward door, it was only once locked, I then went into my room; I observed first that my cupboard door was forced, the lock was forced from the door so as to hold by only two of these screws; it had not been unlocked, but was intirely forced out, and so opened; I discovered that my pocket-books had been taken away from the shelf upon which I had left them; I examined my drawers, of which the prisoner usually kept the keys, and the drawers were opened, they were usually locked, and the key in them, and a considerable quantity of clothes and linen were gone, and on a small table near my fire-place, I found this iron chissel, and at the same time I found a hammer, which I believe belonged to my chambers; I found two or three papers of no consequence, but I knew they had been left in my pocketbooks that were in the cupboard; one was a card to see my Lord Bute's house, the other was a paper of no consequence, which I knew, which appeared to have been separated from the pocket-book, and it was in the outer pocket of the book; the next morning I made the earliest application to the public Office, and as I had a compleat description of my bank post bill, I went to the bank, and stopped the payment; and I went with some officers on Thursday the 24th, in search of the prisoner to Bath,

and at about eight in the morning at the three Tons at Bath, I found the prisoner with two men sitting in a room there, he was dressed in my coat and waistcoat, one of the officers pulled off his neckcloth and shewed me which was mine, he had a shirt on which appeared to be mine, and Jealous found upon him a pocket-book which is not mine, but which did contain this pocketbook which is mine, and which I swear to, that did contain my notes; in my presence also were taken from the prisoner twenty-one guineas, and two shillings and sixpence, which were then acknowledged before the magistrate to be part of the cash for the notes; the remainder of the property will be proved.

Court. I need hardly ask you, Sir, knowing your professional knowledge and caution; whether before he said that, you said anything to him? - I said nothing to him, and I take it for granted the officers are too much used to propriety in business, to do anything of that kind.

CHARLES JEALOUS sworn.

I went with Mr. Poore to Bath, and at the three Tons I found this coat and waistcoat on him, and one handkerchief round his neck, and the other in his pocket; I then asked him before Mr. Carpmeal, where the remainder part of the things were, and the young man told me he had sent them to Staines, at the Red Lion, and we came up in the mail coach in order to call for them, and found most of the property at Staines; he told us, that a pair of boots of his master's and his own coat were at the Golden Cross, Charing-Cross, and in his own coat was found a key which I believe to be the key of the chamber door.

Mr. Poore. It is the key of my chamber door, this coat and waistcoat were on his person when he was taken, they are my property, this coat I swear to.

What do you take to be the value of the things you lost? - I suppose ten pounds.

Jealous. Mr. Carpmeal searched him, and the money that was found upon him he acknowledged to be the produce of the note of forty-eight pounds.

THOMAS CARPMEAL sworn.

I found the money upon him, which he owned to be part of the forty-eight pounds that was stolen, the money was twenty-one guineas and a half, and two shillings and six-pence; he acknowledged that to be part of the forty-eight pounds note that he had changed of Mr. Poore's; he said he took the note out of Mr. Poore's room.

Did he give any account of the remainder of the forty-eight pounds note? - He had bought a horse at Bath, the night before we got there, which he had given twenty pounds or guineas for.

ISAAC PADMAN sworn.

On the 22d of November which was the Tuesday, Mr. Poore came to me, and acquainted me with this robbery, and likewise described the post-bill that was taken away, and desired me to stop it, for it had not been accepted; on the Wednesday about eleven, perhaps near twelve, I cannot precisely say, it was brought for acceptance by Mr. Holt, and I caused it to be stopped, this is the identical bill.

(Deposed to.)

Read. Signed J. Greenway.

Court. This bill varies extremely from the bill described in the indictment, it is signed J. Greenway.

Mr. Chetham. We lay it to be signed and subscribed by John Greenway , not with the name of John Greenway .

RICHARD WATKINS sworn.

On the 14th of November, about nine or ten at night, the prisoner came to me to open the lock at Mr. Poore's, No. 23, in the New Inn; I went with him, and I could not open it, and he said his master wanted the tea things out, and I bent some of the wards of the lock so that Mr. Poore's key would not open it, and in the morning he came to have something to straighten

the wards of the lock, and he called me a puppy, and said I had spoiled the lock; on Monday night the 21st of November, between nine and ten at night he came and asked me for a chissel, I fetched him my master's chissel; I offered to go myself, he said it was of no use, for I could not do it; I lent him this chissel, I am sure it was this chissel, here is a piece broke off.

PRISONER's DEFENCE.

My Lord, according to the laws prescribed by my country, I have pleaded not guilty, to a crime of which I am certainly guilty; perhaps to the bench, and the surrounding audience, it might appear a subterfuge, was I to affirm, that at the commission of the crime I was totally deprived of my reason; about six days before that, I did come to that boy desiring him to open a lock, for I knew that there were valueables enclosed in a closet, which I opened afterwards; he could not open it then; afterwards Mr. Poore's key would not open it in the morning; he accordingly desired me to go and have the mistake rectified; I went, the boy came, or at least the servant ; they opened the lock, it was then in my power to take the things that were there, but returning reason told me it was wrong; on his going out he left the pocket-book, I saw him put it in; I cannot account for it, I was wholly deprived of reason, justice, and every thing; but after the commission of it, when I reflected, I was then prompted to restore the book to its primitive state; and I would then, if it had been in my power have restored the notes, but I found it was impossible; I knew the attempt would loose my character, and I was then tempted to proceed as I did; I fled, I knew not where, I went in the very mouth of justice, I took no precautions that the most uneducated thief would have done, and the moment I was taken into custody, remorse of conscience told me I should immediately disclose the whole, I did so, as far as was in my power. This morning I was surprised at my trial coming on, or I should have desired a gentleman to have attended to my character, which has to this moment been totally untainted, and has been always regarded, not only in a proper but an estimable light: at present I have nothing more to say.

GUILTY , Death .

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

Reference Number: t17851214-2

2. JOSEPH LEONARD and GEORGE WILSON otherwise JACKSON were indicted for burglariously and feloniously breaking and entering the dwelling house of John Dickins , about the hour of eight in the night, on the 2d day of December , and burglariously stealing therein, two cloth coats, value 20 s. one pair of black silk breeches, value 7 s. one black silk waistcoat, value 2 s. three pair of nankeen breeches, value 20 s. six linen shirts, value 20 s. one waistcoat, value 12 d. two linen waistcoats, value 3 s. one pair of iron shoe buckles plated with silver, value 6 d. one cotton gown, value 10 s. one petticoat, value 2 s. one white sattin cloak, value 2 s. one ditto, value 2 s. his property; two cloth coats, value 5 s. one great coat, value 2 s. one shirt, value 3 s. one handkerchief, value 1 s. one pair of napkeen breeches, value 1 s. two waistcoats, value 2 s. the property of Joseph Ball , in the same dwelling house .

A second court, For stealing the same goods, on the same day, in the dwelling house of the said John Dickins .

(The Case was opened by Mr. Silvester.)

ANN MURPHY sworn.

I am servant to Mr. Dickins the attorney , No. 8, Holborn-court, Grays-Inn , on the ground floor, between eight and nine I heard a double knock at the door, I went to the door, the prisoner Leonard asked me if Mr. Dickins was at home, the other prisoner was behind him, he did not speak to me; then Leonard asked me if Mr. Dickins was at home, I said, no, he

immediately drew out a pistol, and I said, O Lord! and he said hush, immediately; then he laid hold of my arm, and told me to go in; I said I would not, and he told me if I did not, I was a dead woman; from thence we come into the room, and the other prisoner followed him, and then the prisoner Leonard held his pistol and stood over me in a corner of the room, and bid me stand still; then Wilson took a great coat that hung behind the door, from thence he went to the book-case, and took out two coats, one a green one, and the other a grey coat, and from thence he went to the desk, and took a black cloak and a pair of stockings, and ran up immediately to me, and told me he would tie my arms behind me, and stop my mouth if I was not quiet, and I told him he should not; and from thence he opened the bed chamber door, and went through the bed chamber door, and through the kitchen to the parlour door, then he took a pair of wet nankeen breeches off the line, and a striped waistcoat, and a wet shirt that was not finished, out of the pan; from thence he went into the bed-chamber, and opened three or four drawers, and out of one of them he took half a dozen shirts that were doubled up for ironing, he threw them down on the floor to make a bundle of them.

Did you see him do all this? - I heard him open the drawers, when I was in the next room; and he took a pair of black sattin breeches, and a black sattin waistcoat, and half a dozen neck handkerchiefs, and there was a new coat of my master's, and a black coat of my master's hanging up at the side of the bed-chamber, and a dark muslin gown.

Look at the two young men at the bar? - I am sure them are the two young men that entered into the door, I am very sure, because they bid me hide my face, and I told them I would not, and I looked in their faces all the time they were with me; the prisoner Leonard was brought back to me in ten minutes, I did not see Wilson till the next morning, but I am sure he is the same man.

Had you a light? - I had.

What became of the light while they were riffling the places? - There was another candle in the window, and he lighted it, and Wilson was with me while the other was in the bed-chamber with the other candle; they had nothing over their faces, I looked in their faces all the while, and I am sure of them; they might be in the chamber a quarter of an hour, but I am sure they were the men.

Was the door open or shut when they forced you in, and went in with you? - Wilson staid behind and shut the door, while Leonard held the pistol to me, that I should not make any alarm.

JOHN DICKINS sworn.

I live at No. 8, Holborn-court, Grays-Inn; on the 2d of this month, between eight and nine, I heard a double knock at the door, the girl came and asked me, if I should be at home to anybody, I told her not at that hour; she then went to the door and opened it, it was locked withinside, I then heard a man enquire if I was within, and in the space of a second or two, I heard the girl cry out, O Lord! I got from the chair where I was sitting by the fire, the door was close to me, and I saw the prisoner Leonard with a pistol at the girl's head, and I saw another man with him, but I cannot say it was the prisoner Wilson; for I did not observe him so much; the girl had a candle in her hand, I immediately thought of making my escape, there are two rooms, there was a bolt under the lock at each door, I bolted it, I then threw up the sash of the window, and got out into the Duchy Court, where my chambers look into, my chambers are on the ground floor, I then went into the Duchy office, and made an alarm from one of their windows which looks into Coney-court, and we called, porter, porter, a long time before we made anybody hear, upon their coming to us, I told them there were thieves in my chambers, and begged of them to come; I then went back to the window, and saw the candle on the table,

and the door shut; in about a quarter of a minute I thought I heard the girl cry out, I sent somebody to put too my outward door on the outside, which had a staple and a hasp, and I understood afterwards, it was put too by a boy that was there, and I found the door made fast afterwards; in a few minutes afterwards Mr. Jones, the porter, and a lamp-lighter, went into the chambers at the window, and I went to the window and saw the prisoner Leonard come along very deliberately, he was in a scarlet coat, and had a pistol in one hand, he came up to the window, and said now for it, and held the pistol; he run into Gray's Inn-lane, in five minutes he was brought back again, Leonard got out and he run towards Grays Inn-lane, I saw the prisoner Leonard in my room, and I saw the property, it was my property part of it.

Court. The only view you had of the prisoner Leonard, was by looking through a key hole, and when you saw him in the window? - I have no doubt of his being the man I apprehended, these are my shirts but they have no marks, they have been in the possession of the girl ever since; they were not carried out of my chambers, only taken out of one room into another; I value the two coats at twenty shillings, and my shirts, I value at three shillings, a piece, here are almost a new pair of black sattin breeches, I value them at seven shillings, I believe I put in the waistcoat at two shillings in the indictment; I suppose upon the most moderate calculation the things are worth five pounds.

JOHN JONES sworn.

I am one of the porters belonging to Gray's Inn; on the 2d of December, about twenty-five minutes after eight, I heard the cry of porter; and as there had been some little time before, a depredation in a gentleman's chambers, I went to the Duchy office, I went to the outward door of Mr. Dickins's chambers, by their desire, and found the door secured; I then came round to the window with Mr. Stephen Hilton , and went through the two rooms, and opened two rooms, and opened a slide of the door, and immediately the prisoner Wilson presented a pistol to me, and told me if I stirred hand or foot, I was a dead man, I am very clear it was the prisoner Wilson, he had a candle in one hand, and a pistol in the other, I saw the other prisoner to my right, Wilson fronted me immediately, I could not defend myself, the men rushed by, and Leonard held a pistol at another man's breast, and they rushed from us out of the room, they went out of the window.

Court. Are you positively sure that these were the two men? - I am very clear to every thing that I have declared.

Did you observe the things that were in the room? - Yes, the room was strewed with things and linen, there was a quantity that was close to Wilson.

Were they in the two rooms, or in the room where they were? - In the room where they were.

STEPHEN HILTON sworn.

I am the lamp-lighter, I went into Mr. Dickins's chambers, I went to the window, and I went to the fire place, and got hold of a poker; Jones unbolted the door, and the maid came out of the bed room, which was the first room we entered into; and in a room fronting it there was a light, we went abreast of one another as near as possible, and as soon as ever the whole body was in the room, the prisoner, Mr. Leonard, presented a pistol at my side; and the other was with Jones, and he came to me, and he thrust me up against the wainscot, and made his escape out of the window, and the other ran after him.

Jury. You think no other but what these are the two men? - Think no other! I am sure of it, because there is nothing in the world against it, but what they are the men.

But has you an opportunity of observing it, that they are the men? - Certainly I had.

Have you any doubt of it? - None at

all, one run into Gray's-Inn-lane, into a little court; he was taken first, that was Leonard.

GEORGE MILES sworn.

I keep a green-stall in Gray's-Inn-lane, No. 36, about half after eight, the 2d of this month, I heard the alarm of stop thief; I heard the thief was gone down Pinner's-court, which is about twenty yards from Gray's-Inn gate, I went down with a lanthorn, and I saw Leonard coming up, the court is no thoroughfare; Leonard said to me that the man was gone over the wall; I held up the lanthorn, and said I believe this is him; and presently Captain Smith in the Inn, at whom he snapped a pistol, said he was the man; I said there is a pistol in his pocket; the gentleman took it out of his pocket, and snapped it, but it did not go off; this is the pistol.

Was the pistol loaded? - Yes, with slugs, two slugs, but no powder in it; there was nothing but the two slugs and some paper.

Court to Murphy. Are these the pistols? - I cannot be sure whether these are the pistols, but I know they held pistols to me.

- LLOYD sworn.

I live in Fox-court, Gray's-Inn-lane, I took the prisoner Wilson on December the 2d, between eight and nine, going from work, between Fulwood's-Rents and Gray's Inn gate; I heard the cry of stop thief about thirty or forty yards from this place, I saw the people run across towards Middle-Row, and I immediately ran after them, and when I came to Staple's-Inn-buildings, they said he was gone up there, I then proceeded up the buildings, and the prisoner was among the crowd; a young man said that is the man, he has a pistol in his hand, I did not then see the pistol; I immediately seized hold of his left hand, and asked him what he had in his hand; he said nothing; I immediately took the pistol out of his hand; the pistol was loaded with slugs and powder, I did not see the priming, but a gentleman the corner of the court said, I will draw out the priming in case they should do one a mischief.

- PARSONS sworn.

I found these buckles and these stockings on the prisoner Wilson, on the 2d of this month, in his right-hand pocket.

(Deposed to.)

Prosecutor. I am positive to the buckles, I know them by one of the teeth of the chapes, I had a pair of such buckles, they were in my shoes in my chamber; I had my boots on then.

Murphy. I am very sure these are the buckles that I saw Wilson take out of my master's shoes, I told him they were not silver, he had no occasion to take them, and he took out another buckle, and I told him the same, and he dropped one of them, and put these buckles in his pocket, and these stockings; he came and told me he would tie me, and put his hand over my mouth; I told him I would not be tied by him, nor yet my breath should not be stopped by him; I am sure they are my master's stockings.

Prosecutor. I am sure they are my stockings, I know them by the mending.

PRISONER LEONARD's DEFENCE.

I have only to say, I know myself to be guilty of the fact; and as this is the first time I ever committed anything in my life, I hope your Lordship will grant me some mercy, and some little time to repent of my sins.

Mr. Justice Willes. What way of life have you been in? - I have been a gentleman's servant .

- FAIRBANK sworn.

The prisoner has lived with a friend of mine, Mr. Meggison, in Hatton-Garden, I think upwards of two years, he behaved then very honest; he has been at my house I suppose 150 times; I told Mr. Meggison to come here, but he declined it; I looked in just by chance, and hearing that declaration from the prisoner, it had an effect on

me. I believe he has left Mr. Meggison about six or seven months.

EDWARD SMITH , Esq; sworn.

He was in my service seven months lately, he left it the 1st of November; I have intrusted him with valuables in bank notes and other matters, and money; I had not any doubt of his honesty till this circumstance; I should have given him the character of a perfect honest man, there seemed an indolence about him, which I attributed to his suffering in America; he suffered in his health, and he could not ride well, these are the reasons for which I parted with him; but I kept him in my service nearly two months after I wished to part with him; because I conceived him a worthy man, and that he should not be turned out of service at a time when the town was empty; and when he left my service, I gave him permission to come and take his victuals at my house till he got into service.

What part of the town do you live in? - Charlotte-street, Portland-place; I had an equal good character of him from Mr. Meggison; and he has only served two since his return from America, or in the West-Indies; and he was an officer's servant in America, and has been serving in the navy; I understand he was led away by an improper connection after he left me.

Court to Prisoner Leonard. Was you enlisted in America? - No, my Lord, I was an officer's servant.

Court to Prisoner Wilson. Have you any thing to say? - My master is gone abroad about two months; there was a gentleman said he would come, but I believe he is not come.

BOTH GUILTY , Death .

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

Reference Number: t17851214-3

3. GEORGE DUNSTAN was indicted for feloniously breaking and entering the dwelling house of Elizabeth Bagshaw , widow , she being therein, about the hour of twelve at noon, on the 24th of November last, and feloniously stealing therein nine pair of silk stockings, value 54 s. and ten pair of ribbed cotton stockings, value 30 s. her property .

ELIZABETH BAGSHAW sworn.

I live in North Audley-street, Grosvenor-square ; I keep a hosier's shop , I was at home the 24th of November last, I was in my parlour behind my shop, my shop door was fastened, I was just got in from the shop into the parlour, to sit down by the fire; this was about twelve at noon; the door was on the latch, it was not locked, it is a whole door, a folding door.

Court. The whole door was latched? - Yes; I heard mention of the door being open, I immediately rose up and went into the shop, and I saw the prisoner with two of my bundles of stockings in his hand, just taken off the window; they contained what is mentioned in the indictment.

Court. What may be the value of the stockings? - Three pounds: I immediately ran to the door, and another man attempted to hinder me from coming out; I said you rascal, and ran out, and cried out stop thief; the boy was stopped with the stockings.

JANE LOW sworn.

I saw the prisoner come out of the shop with the two bundles in his hand, I was on the area steps, I was going down from the area steps, I swear to the boy, I saw him run away with the bundle.

Prisoner. I never was in the shop, a man gave them to me to carry.

THOMAS RANNS sworn.

I was coming along North Audley-street, and I heard this gentlewoman halloo out, stop thief! and I followed him, and I took him with the stockings.

(The stockings produced and deposed to.)

THOMAS WATERS sworn.

I saw the boy when the stockings were

upon the ground: he was taken in the passage; that was the bundle; here are two bundles.

- BUTCHER sworn.

I heard the prosecutrix had been robbed, I came out of my own shop, and went into her's, and the prisoner was taken to the watch-house, with the bundles; and from thence to the rotation-office; he was searched in the watch-house, these are the bundles: the bundles were opened at the watch-house, about twelve at noon.

Court to Boy. How old are you? - Almost fourteen; my father had sent me out with some work to sell, and as I was coming along home up this street, a young fellow was at the door, and he had on a striped coat, and he called me on one side, and he asked me to carry them to the public-house at the corner, and stop for him; I was going along, and I heard the cry of stop thief; I never was in the shop.

THOMAS APLETREE sworn.

I have known the prisoner upwards of three or four years.

What is his father? - A child's pump maker; I never knew any thing dishonest of the boy in my life, I would trust him with untold gold; I have trusted him at houses where I have been at work; I take him to be fourteen or fifteen.

HENRY STEEL sworn.

I have known him about eight or nine years, I always took him to be as pretty a boy as ever went of an errand, he worked for me; his father is a shoe-maker.

MARTIN JONES sworn.

I have known him from a child, I never knew him guilty of a dishonest thing in my life; he worked with his father.

What is his father's character? - A very honest man; he has lived in the place now thirty years.

SARAH ROUND sworn.

I know him to be a very honest lad, I have known him seven or eight years, I am a child's pump maker.

MARY WILSON sworn.

I have known him about five years, I never heard anything against him.

ELIZABETH APLETREE sworn.

I have known him ever since he has been in petticoats, I remember when he was christened; I always knew him to be a very honest lad, and worked very hard, and his parents are honest too.

GUILTY, Death .

He was humbly recommended to mercy by the Jury, and the Judge added on account of his age, and as it appeared that he acted at the instigation of another person .

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

Reference Number: t17851214-4

4. THOMAS SCRIVENER was indicted for feloniously stealing, on the 2d day of December last, one warrant for the payment of money, signed under the hand of Godschall Johnson , dated the 28th of November, 1785, value 10 l. 3 s. 1 d. by which he did direct George Prescott , Geo. William Prescott , Andrew Grote , George Grote , William Culverden , and John Hollingsworth , by the name of Messrs. Prescott and Co. to pay to Mrs. Martha Young or bearer 16 l. 3 s. 1 d. the said warrant being the property of the said William, and the same sum payable and secured by the said warrant being then due and unsatisfied .

A second Count, For stealing the same thing, only calling it a bill for payment of money instead of a warrant.

WILLIAM YOUNG sworn.

I live in Holborn , I am a butcher , I lost the draft mentioned in the indictment, I had it on the 2d of December, it was left on the compting-house table, I have seen the the bill since, Mr. Prescott has it now.

HENRY CLAYTON sworn.

I live with Messrs. Prescott and Co. I have a draft of Mr. Johnson's, it was brought to me on Saturday the 3d of this month.

Did you take it in? - I paid it.

Who brought it? - A woman.

You do not know her I suppose? - I cannot swear to her.

The bill read and examined with the indictment, signed Godschall Johnson, 28th November, 1785:

"Messrs. Prescotts, Grotes, Culverden,

"and Hollingsworth, pay Mrs. Martha

"Young or bearer, 16 l. 3 s. 1 d.

Court to Prosecutor. Look at the draft, is that the draft you lost? - Yes.

You have not received any money for it? - No.

SARAH YOUNG sworn.

Court. Look at that note? - I know this is the draft I received from Mr. Godschall Johnson 's housekeeper, on the 28th of last month, I put it into my pocket book, it remained there till the 2d of this month, and then I put it out of my pocket, to make a payment with other bills, as I keep a butchers shop, and I omitted putting it up again, I believe I laid it on the compting house table, it was between three and four, she compting-house is a little place out or the shop, I missed it on the Monday, I brought I had put it into my pocket book again, and looking for it to make a payment, I missed it on Monday, the 5th, I sent for a constable to take u my servants, I suspected the prisoner because he came in to the day book, which was in the compting-house, some money was found upon him.

EDWARD LUCAS sworn.

On the 5th of this month, Mr. Young sent for me, and said he had been robbed. I went to apprehend the prisoner, and I took him going up to the gallery in Drury-lane, Play-house; I brought him back and told him that his master had charged me to take him into custody, I took him up on the 5th of this month, about eight; I brought him back to Mr. Young's, and I went up stairs to look over his box, and in his box I found three pair of new shoes, two pair of new buckles and other things, and he told me if I would send up for his mistress, he would tell her the whole business, Mrs. Young came up, I was present, and when she came up he said -

Court. Before you tell this did you advise him to send for his mistress? - I told him, says I, young man, all the servants at present have their characters at stake, they will all be discharged, and it is a pity they should if you have the draft, and it looks very suspicious.

Was that all you said? - It was, I called up his mistress, that was Mrs. Young that is here, and he told her he hoped it would be a warning to her, for leaving her draughts and her money about, that he had taken the draught and got the cash for it, that he had sent one Mad Jack to receive the money, a coachman; I then went and took the man into custody that went to receive the money, and a woman that went with him; here is a small bit of paper, where is put down how he expended a great deal of the money that was after he was apprehended, and the remainder, he said, he had lost at gambling, I found 1 l. 8 s. 2 d. upon him.

Court to Mrs. Young. When you was sent for, what did you say to him to induce him to tell you the truth of the matter? - I did not ask him any questions, I made him no promises, he owned he had taken the money, and said he hoped it would be a warning to me.

Prisoner to Lucas. Did not you promise me that if I would confess having the draft I should be forgiven and nothing said against my character?

Lucas. No, my Lord, I do not recollect ever saying any thing of that sort to him, I only told him that the rest of the servants characters stood at stake, as nigh as I can recollect; I told him this, that it was a pity, if he had taken it, that the other people should lose their characters,

that they would all be turned away; then said call up my mistress, call up my mistress.

Mr. Justice Willes. You say that you do not recollect that you made him any promises, are you sure? - Yes, I am sure, any further than what I have told you.

THOMAS TIBBS sworn.

I saw Lucas take the prisoner, I came with him and the prisoner to Mrs. Young.

Did you hear what passed up in the garret? - Yes.

Tell us what it was. - We went up stairs, Mrs. Young desired us to go up stairs to see if he had anything in his box, and Mr. Lucas told him, says he, young man, it is a sad piece of work if you know anything of it, it is a sad thing the other servants should lose their places; but as for making any promises, I heard none, he seemed a good deal confused, and said, call my mistress, and she came up; and he said, Mrs. Young, I beg you will take care of your cash and drafts in future.

Prisoner. Was not you by when Mr. Lucas promised me that? - I did not hear it.

Did not you hear him say, if any body came after my character, my mistress would take no notice? - No.

Court to Prosecutor. Is your shop a part of your house? - Yes.

JOHN BUN sworn.

The prisoner asked me to go to the bankers for him, I went, and going along I met with that young woman, and I asked her to go with me; she was to have fifteen guineas and eight shillings and one penny, I did not know whose draft it was.

Whose house did you go to? - A banker's in Threadneedle-street, on the left hand.

ELIZABETH THORP sworn.

I am acquainted with John Bun , I knew him a very little while; on Saturday coming along I met him, he said he was going to the bankers to change a note, he asked me to read it; says he, I thought it had been a bit of paper, he told me what it was, I came and told the young man, he said it is not much further, I went with him to the bankers in Threadneedle-street.

PRISONER's DEFENCE.

I found the note on Saturday evening between three o'clock and five, on the shop board; my mistress's name is Sarah Young ; this note was made payable to Martha Young ; I was not positive, therefore, that it was hers; they promised me if I would tell where it was, they would forgive me.

Court to Mrs. Young. How long has he lived with you? - About three or four months.

Court to Lucas. I put it again to you, the man's life is at stake, did any thing pass between you that could induce him to make this discovery? - Nothing more than what I have already told you.

Prisoner. Mr. Tibbs was by and heard it said.

Tibbs. I never heard any such thing.

Court to Mrs. Young. Is William Young your husband? - Yes, my second husband; I have lived in that house seventeen years.

Court to Clayton. Do you know Mr. Johnson's hand-writing? - Yes.

Have you seen him write? - Yes.

Mrs. Young. I have taken many of his drafts, and stood by while he has wrote them; that is his hand-writing.

GUILTY, Death .

He was humbly recommended to mercy by the Jury .

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

Reference Number: t17851214-5

5. THOMAS HARRIS and THOMAS LAYTON were indicted for feloniously stealing, on the 13th day of November last, five ewe sheep, value 50 s. and one wether sheep, value 10 s. the property of William Ginger the elder.

(The case opened by Mr. Garrow.)

WILLIAM GINGER , Jun. sworn.

I live at Stanwell with my father, I counted the sheep on the 6th of November, in the field, there were nine score and four, I did not count them again till the 13th, then there were ten missing, seven ewes and three wether sheep.

Have you seen any of these sheep since they were missing? - Yes, I found them on Clapham Common, in the possession of Mr. Lane, on the 7th of December.

How many did you see? - Seven, six ewes and one wether.

Were these sheep that you saw on Clapham Common your father's sheep? - They were, I knew them by their make and features.

Had they any ruddle mark? - Very little.

What country were they? - Some from Hounslow, and two from the west country.

Court. Let us know a little how long you have been acquainted with the features of these sheep, how long have you had them? - I bred them all but two, I bred five of them.

Do you keep your father's sheep? - I follow them at all opportunities I have.

And out of nine score and odd that you have, you can speak with certainty to the features of particular sheep that you have lost? - Yes.

Are you sure of that? - Yes.

Are there no marks to have known them by if you had not known their faces? - No.

HENRY FLY GINGER sworn.

You used to attend these sheep of your father's? - Yes, there were nine score and four; I did not count them till the 13th, I missed ten, there were six ewes, two wethers, and two lambs.

You missed these on the 13th? - Yes.

How soon after did you see any of these? - Not till the 7th or 8th of December, I think the 8th, I saw them near Clapham Common, in the possession of George Lane .

Did you know these sheep again? - Yes.

Were they your father's sheep? - Yes.

How did you know them? - I knew them by their countenances, by following them and attending them ever since they were lambed.

You have a perfect acquaintance with their faces and make? - Yes.

Have you any doubt now of their being some of your father's? - I am positive that they are.

Could you have picked them out of a flock of strangers? - I have been used to sheep these twenty years.

The fact is, that you are so well acquainted with their faces that you can swear to them any where? - Yes.

Court. There is one thing that I have observed both you and the last witness have said, that you did not miss them till the 13th, till you counted your sheep? - No.

Now, if you had so perfect an acquaintance with the faces of all the sheep, I should have thought you might have missed them without counting them; as if a number of men come to a place every day, you might miss two or three without counting them? - We do not so strictly look over them every day as that.

Now for instance, a captain of a company who sees all his men every day and knows all their faces, will miss four or five of his men without counting them? - I was not constantly with them every day.

Were you with them between the 6th and the 13th? - Yes I was, but it was towards the dusk of the evening, a lad that we have to assist was with them, a little lad, so that I did not see them much within that time.

Do you know either of the prisoners? - Yes.

Who was Layton, did he live in your neighbourhood? - No, about four or five miles off, he was a labouring man ; Harris lived at Staines, that may be two miles or better, he was a shepherd , I believe hey kept sheep of their own.

WILLIAM GINGER , Sen. sworn.

I saw these sheep that my sons brought

from Lane, I knew them, we have had them so long and put them up, I am positive they were the same sheep, some of them were four teeth and some six teeth, I knew them to be my own, I have no doubt but they were my own.

GEORGE LANE sworn.

Where did you get these sheep that this good man found in your possession? - I bought them at a public fair at Kingston, on the 14th of November, of Layton, I turned them upon the common, I gave eight shillings and sixpence apiece for them, I bought seven, and gave three pounds for the lot, which was six-pence over, he said he brought them from Sunbury Common.

Did he tell you whose property they were? - No, I did not ask him, I told him where I was going to bring them to; I have no other sheep.

Did you ever keep any sheep before? - I never kept but two before, and them I lost; I am no great judge of sheep, I dare say a great many people may know them, and many may not.

Was Isaac Burbidge with you when you bought them? - Yes, I believe I was an hour a buying them, they stood so much on price, I paid the money to Layton.

ISAAC BURBIDGE sworn.

What are you? - I am a labouring man, I saw Lane at the fair, I saw him about them, he bought seven, six ewes and a wether.

Who did he buy them of? - Thomas Layton , I helped to drive them out of the fair, that was on the 14th of November.

How far is Kingston from Stanwell? - About nine miles.

Did you see Harris there? - Yes.

What was he doing? - He was about the penns, I heard him say nothing.

Have you seen the sheep since? - Yes, at Stretham Common, I believe they are the same that Mr. Lane bought at the fair.

Are you much used to sheep? - Yes.

You are a shepherd? - Yes.

Can you swear to the faces of your flock that you have bred? - Yes.

Is there any difficulty in knowing them? - Yes.

You would know your own sheep better than you would know my face to-morrow, would not you? - Yes.

Court. This was at a public fair? - Yes.

There were plenty of people about the penns as well as Harris? - Yes.

Court to Lane. What became of these sheep you bought of Layton? - They are gone home to Mr. Ginger's, I gave the youngest son and Burbidge leave to take them home; they were the same.

PRISONER LAYTON'S DEFENCE.

I had sheep to fair, and this gentleman, the other prisoner, asked me if I had any sheep to fair; I told him I had some few of my own, and he said he had a few, and he asked me to tell them for him, which I did, and gave him the money; I have evidence of it.

SARAH BURBIDGE sworn.

I was at the fair at the time they were sold, and before they were sold; when I went to the fair, my brother or Mr. Layton had just sold our sheep; and there came up a gentleman and asked the price of these seven sheep, and Layton told him nine shillings; and Thomas Harris stood opposite to him, and he beckoned to him what he asked the price; and he asked him what he must take for them, and Harris said eight shillings; and if he could not get that, they must go home again.

Do you know where they brought the sheep from? - No.

Did you see any sheep of Layton's there before? - None but what was my brother's and husband's there were three, I fancy he sold them for my brother, he has sold my husband's several times, he has sold for Mr. Collins, and Mr. Ballinger, the two capital farmers.

Mr. Garrow. Isaac is your brother-in-law? - Yes, the sheep were in different pens hurdled off, I saw the sheep at Justice

Taylor's, I do not know who took them, I cannot say whether they are the same I saw at the fair, my brother helped to drive them away, I thought I knew them again, I think they were the same by looking at them, as I have been about among them.

A man who had bred them and tended them would be more likely to know them again than you, would not he? - Very like, Harris asked Layton what the gentleman bid, and he told him nothing, then Layton asked Harris what was the price if he sold them, and he said if he could not get eight shillings apiece he was to go home again.

PRISONER HARRIS's DEFENCE.

I bought them of a man, and this man took them to the fair for me, I had them of a young man in the neighbourhood this day five weeks, I know him, he brought them to me to have to the fair, but I was so lame I could not go with the sheep, so I got Layton to sell them for me.

Who was the man you took them for? - One Robert Merrick , he lives at Stanwell, I do not know where he is, I had nobody to go for him, Merrick was in custody of the officer and got away.

Was he taken up on your information? - Yes.

Prosecutor. Harris said he never sent any to Layton to sell, nor he knew nothing about them.

How came this other man to be taken up? - This other man went to Layton when he was in the Round-house, and said to Layton, for God's sake do not say where the sheep are gone to, with that I suspected him, and a warrant was sent for to take him up, but they could not find him, he is got off, Harris said he had not them of that man, he said he knew nothing of the sheep.

HENRY HORNE sworn.

I was present when Harris was examined, he said he knew nothing of the job.

THOMAS HARRIS , GUILTY , Death .

THOMAS LAYTON , NOT GUILTY .

Tried by the second Middlesex jury before Mr. RECORDER.

Reference Number: t17851214-6

6. THOMAS SHIPLEY was indicted for feloniously stealing on the 27th day of November last, twelve pair silk stockings, value 7 l. 4 s. one tortoise-shell snuff box, mounted in gold, value 5 l. one base metal ink case, mounted with gold, value 40 s. and one reading glass, in a tortoise-shell case, value 20 s. the property of Richard Warren , Doctor of Physic , in his dwelling house .

Dr. RICHARD WARREN sworn.

Thomas Shipley , the prisoner at the bar, was formerly a servant of mine, he served me in the capacity of footman , and after living with me, two years and twenty days, was dismissed in the month of May, 1784, a little more than a year and a half ago; he was dimissed for a fault, he went out in the evening and staid till two in the morning, got over the iron rails, went into the area and rapped at the window where two servants lay, and was let in, when I was informed of this in the morning, I instantly ordered him to be dismissed, and I never saw him after till I saw him a prisoner in Bow-street; during about five months in the year my family is absent from Sackville-street , at a house I have at Chelsea, from which I came to town every day; during this time the house is under the care of a man and maid servant, who lay in the house, the man and maid are Henry Bradford and Anne Stockdale ; on the 28th of November, in the evening, Mr. Atkins, an attendant at Sir Sampson Wright's office, called upon me, and informed me that I had been robbed; and produced at the same time certain things which upon looking at, I supposed were my property, he produced one pair of silk stockings, a gold ink case beaten to pieces, and several things which I supposed to be mine, which are in Court; and at the same time produced two keys which he informed me, he had been informed by the prisoner would open my bureau, I tried the keys, and found they opened the locks, I then searched, and found I had lost several things; I lost twelve pair of new silk stockings, at 12 s. a

pair, a tortoise-shell snuff box, mounted in gold, in different drawers, of the value of five pounds; a base metal ink case, mounted in gold, a large reading glass, tortoise-shell case; I went directly to Sir Sampson Wright 's and gave my evidence.

Court. Prisoner, would you ask Dr. Warren any question? - No, my Lord.

JOHN ATKINS sworn.

I am a keeper that attends Sir Sampson Wright 's, on Monday the 28th of November, Mr. Heather, a pawnbroker in Long-acre, sent his servant down to the office in Bow-street for somebody to come up, for he had stopped a person, I went up to Mr. Heather's, another prisoner was there in custody of Mr. Heather and servants.

JOHN HEATHER sworn.

I am a pawnbroker in Long-acre.

Did you know the prisoner at the bar before he came to you this time? - No, my Lord, on the 28th of November, between five and six in the evening, he brought me four pair of s ilk stockings to pledge for two guineas, I asked him whose property they were, he said they were his own, I asked him his name, he said his name was Richard Woolley , the stockings were marked R. W. and No. 21, 22, 23, and 24.

Did he offer any thing? - No, I asked him how he came by them, he seemed very angry at my asking the question, and said have you any suspicion of me; I stopped him, and sen down to Bow-street, I was very bad of the gout, and he knew I had sent to Bow-street, and before the constable came he ran away, says he I cannot stay, I will go and fetch the owner of the stockings, a young lad an apprentice of mine, fifteen years of age, whose name is Thomas Law 's, ran after him and brought him back, and in about two or three minutes Atkins came back when the boy brought the prisoner back, I called another servant of mine into the shop, so that he could not get away, I never saw the prisoner before in my life to my knowledge; Atkins took the prisoner to Bow-street.

(The stockings produced.)

Did you receive the stockings from the prisoner, or was it one of your men? - When he first came into the shop I was in the parlour very bad with the gout, but I went into the shop and received the four pair from the prisoner, and this I am sure is one of them, here are the other three pair, they have been in my house ever since, my servant produces them, he had them in his custody.

Doctor Warren. I ordered two dozen, the first was marked 1, 2, 3, &c. the second dozen was 13, 14, and so on; and not being wanted they were put into the drawer.

Court to John Atkins . After you had taken him with these stockings, at Mr. Heather's, you carried him to Bow-street, what happened then? - I searched him immediately, in Mr. Heather's shop, and in his pocket I found this letter, directed to Dr. Warren, that led me to suspect he had robbed the Doctor; the other person that was with me took him down to the office, Mr. Heather desired me to go to the Doctor's; on searching him I found this reading glass, this ink-stand, and two keys; the things were in different pockets.

Doctor Warren. Such a reading glass as this I certainly had, it had no particular mark upon it.

Do you think it to be your's? - I should suppose it is.

Had you it frequently in use? - No, it lay in a drawer, it was bought a year or two ago for one of my sons, for some optical experiments; this was an ink-case, made to hold two pens, and very curiously contrived to hold ink; here was a thing went with a hinge, and the bottom part is particularly made; instead of a cork for the ink, here is a piece of metal so contrived that you need not daub your fingers; these are such particulars that I can swear it is mine; I can swear positively to this; this

I used to carry about with me continually, but went out of town the Saturday preceding the detection of this robbery a considerable journey from town; and not wanting it I left it at home.

What is the value of that? - Ten shillings, he sold the gold of it for half a guinea.

Atkins. Here are two keys.

Doctor Warren. Mr. Atkins informed me these keys would open my drawers; I thought they would, I applied them to the locks, and found they opened the drawers; one opened the bureau, and the other the library; the stockings were in the bureau.

Where was this ink-case? - I left it laying upon the table.

You had not missed this till Mr. Atkins told you? - I had not been come home from this journey above ten minutes.

Atkins. I found three duplicates upon him, which led me to three pawnbrokers, where I found the silk stockings; I first went to Mr. Priestman, in Princes-street; I found two more pawned at Mr. Brown's, all white silk, but numbered differently; I retured to Bow-street, and when I came back to Bow-street the prisoner was crying, I told him the Doctor had missed a gold box, he told me he sold it at a refiner's, in Long-acre, but he did not rightly know the place.

Did you make him any promises? - Nothing at all, he told me voluntarily; I found out where it was sold, at Mr. Plank's, refiner, in Long-acre.

Prisoner. I am guilty of what is laid to my charge, I was very much distressed at the time, and only beg for mercy, I had been out of place a long time.

ISAAC COVERFLOW sworn.

I am servant to Mr. Plank, a gold-refiner, I know the prisoner, the first time I ever saw him was the 28th of November, about four in the afternoon, he came into our shop, and asked me if I bought gold, I told him yes, but then pulled out some gold in a paper out of his pocket, which is a thin stuff; I looked at it, I took a piece out of the paper, and rubbed it on the touchstone, to try whether it was gold, as it was rather a foggy afternoon, the prisoner replied to me as I was rubbing it on the touchstone, I am sure it is gold, for I have tried it in aquafortis.

I should have thought this would have made you suspect him? - I thought he was in the business; after which he says to me as I was trying the other, says he, I should be glad if you will try this bit also, it looks like gold, I have had it some time by me; I tried that, and I told him that was gold; then I replied to him is this your own property, and did you come honestly by it? he said it was his own property, and he came honestly by it; before I weighed it, I said you are sure you come honestly by it; I was very suspicious from the circumstances of these pieces; I asked him, more than that, what it came from, and he told me it came from an old ivory snuff-box, after which he said to me, pray what may be the value of that which came off the bottom of the ink-stand, I put it into the scale, and told him about five shillings or five and six-pence, it altogether weighed about nineteen pennyweights and eighteen grains, the value of all together was two pound fifteen; after which I told him what it came to, he told me is not it worth any more, I said if you think you can make any more of it try it somewhere else, after which he said, Sir, I suppose you will give me as much as it is worth, and you may have it, and I paid him two pound fifteen for it.

Dr. Warren. This bottom of the inkstand fits exactly, these other pieces are part of the ornaments.

Court. I believe I need not trouble you prisoner, to ask you whether you would ask any questions of this man? - No, my Lord.

- PRIESTMAN sworn.

I am a pawnbroker in Princes-street, Soho, I remember the prisoner coming

with some stockings to pawn, the 28th of October, he left two pair, and the 28th of November four pair, they were marked R. W. and some numbers, I am sure it was the prisoner.

What may be the value of these stockings? - About nine shillings a pair, I remember now, he offered to me to sell them at nine shillings a pair.

CHRISTOPHER GATELY sworn.

I am foreman and journeyman to Bicknell and Co. the Doctor bought stockings of us, he had two dozen delivered at different times, the four last pair were delivered June the 4th; from May the 5th, to June the 2d, fourteen pair; they were marked with our shop mark (looks at the pair marked by Heather) this is our shop mark, these are all our shop marks, this is R. W. on the welt, and the figure of the No. under it, they were marked by my wife, I know they were marked before they were delivered.

What do you charge Dr. Warren for these? - Fifteen shillings a pair, there is never a hosier in London, that can charge a reasonabler profit for less.

ROBERT PAYNE sworn.

I am servant to Mr. Brown in the Strand, I never saw the prisoner before he pledged these stockings which was the 28th of November, at the dusk of the evening, he pawned two pair, I am sure it was the prisoner, it was between four and five in the evening.

Gately. Those are ours.

ANN STOCKDALE sworn.

The prisoner is an acquaintance of mine, I lived fellow servant with him for two years with Dr. Warren, me and another servant named Henry Bradford , were left in care of the the Doctor's house, during the time we were in the house; the prisoner frequently called, I saw him on the 27th of November.

Court. Had he admission into your master's rooms? - I always thought him strictly honest, he laid a good deal out of place and I had compassion upon him, and gave him a bit of anything I had, when I was upon board wages.

Had he access to any room in the house? - Not that I know of, I knew nothing of any of the things being lost.

Did this young man ever lay at the house? - Yes, he did.

GUILTY , Death .

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

Reference Number: t17851214-7

7. BENJAMIN ROGERS was indicted for burglariously and feloniously breaking and entering the dwelling-house of James Hazledine , about the hour of six in the night, on the third day of December , and burglariously stealing therein twelve linen bed gowns, value 20 s. his property .

JAMES HAZLEDINE sworn.

I live opposite St. Clement's church , I keep a child-bed warehouse , I keep a house there, and did so on the third of December last; about half past five, on Saturday the 3d of this month, the candles were lighted, and as we were drinking tea, I thought I heard the shop door open, I desired my sister-in-law, Hannah Davis , to see if the shop door was not opened, she went three or four paces into the shop, and then I heard her cry stop thief, I went into the shop, and out into the street and over to the church-yard, there I saw the prisoner running, nobody was running but him, he was running directly opposite our door.

Court. Were the lamps lighted? - Yes, I called stop thief, and he cried stop thief! I took him opposite to St. Clement's Coffee-house, he run round the church, I was quick after him, I never lost sight of him, I brought him back, and asked my sister if the prisoner was the person that took the things, she said, he was; the neighbours gathered

about me, and they knew him, I found nothing upon him.

Was your door shut? - It was, I had been in the shop just before that to snuff the candles.

Did you go to your door at that time? - I did, to see if it was safe.

What induced you to do that? - We generally make a point of doing that when we are at meals.

How long was this after? - I suppose, about ten minutes.

Can you say with certainty that from the time you snuffed the candles, and saw the door to the time your sister went into the shop, no person had been out of that door? - Yes, I can.

Are you shure that no person had been into the shop? - I am sure of it.

How did you examine the door at this time? - By seeing that the latch was safe, and the door was fast.

Did you put your hand on the latch? - Yes, I speak upon certain recollection.

There was no fastening but the latch? - No; I took out my watch while I had the prisoner in the shop, and it was thirty five minutes past five; then he had been in the house about five minutes.

When you were out in the street, could you distinguish people at all, except by the light of the lamps? - No, day-light was too far past.

You have no doubt about the boy's person? - No, the prisoner is the person I brought back.

HANNAH DAVIS sworn.

I am sister-in-law to Mr. Hazledine, about half past five in the evening, it was thereabouts, I cannot say to five minutes, we were at tea in the back parlour, the candles were lighted, my brother said he heard the door open, and desired me to look into the shop, the door was open, and I saw the prisoner come into the shop, put his hand in the window, and take out two bundles of bedgowns.

Did he come completely into the shop? - Yes, the bedgowns lay in the corner of the window, I saw them there half an hour before.

What may be the value of them? - Twenty shillings.

Had they any mark upon them? - Yes.

What mark? - They were marked with the shop mark.

Are you sure you saw him take them? - Yes, I was rather in the shop.

Did you say anything to him? - No, nothing at all.

Were there any candles in the shop? - Yes, there were ten candles in all, I saw his face, as soon as he was gone out of the shop, I called out stop thief.

Did you pursue him? - No.

Did you ever find your property again? A woman in the alms-house picked them up as they lay in the street, she is not here, I saw him take them up from the window, he put his hands across a wire into the window, and took them up, he was brought back in about five or ten minutes after.

When he was brought back to the shop, did you see him? - Yes.

Are you sure that the boy that was brought back to the shop, was the boy you saw in the shop? - Yes.

Have you no doubt? - Not the least doubt, because I saw his face, my brother ran after him immediately, I saw the property about ten minutes after; the woman that brought in the property did not see him drop them, and she is a very elderly woman; I examined the property that was brought in, they are my brother's with the shop mark.

Prisoner. Did you see me open the door? - No, I did not, he was just coming into the shop, he was partly in the shop with the door open.

Court. Do you know who went last out of the shop, before your brother went out? - I do not.

Do you recollect your brother going to snuff the candles? - Yes.

Had any body been in the shop after he snuffed the candles? - I do not know.

MATTHEW SWIFT sworn.

I am the constable that took him to the Justice's, the prisoner kicked and beat and fought and knocked one man down, and tried to knock me down, but I was too heavy for him.

PRISONER's DEFENCE.

I had been at Charing Cross, with my father, he is a coachman, we had been with a fare into Fleet-street; I went back to him with his coach, he said, you may go home, I was coming along the Strand by this gentleman's shop, when the woman was out at the door, and I saw two people run in the church yard, I run after them and cried stop thief! they turned the corner rather before I saw them, and the prosecutor came up and caught hold of me, and said, as there is nobody else a running, you must certainly be the person; I have no witnesses, my father has been here every day, and he did not expect I should be tried to day, and he went away.

GUILTY, Death .

Prosecutor. I wish to recommend the prisoner to mercy .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17851214-8

8. CHARLES KING and THOMAS THOMPSON were indicted for burglariously and feloniously breaking and entering the dwelling house of William Packer , about the hour of three in the night on the 3d of December , and burglariously stealing therein two live fowls, value 4 s. one gridiron, value 9 d. five clouts, value 5 d. one dish-clout, value 1 d. and one iron glue-pot, value 6 d. the property of William Smith .

REBECCA SMITH sworn.

I keep a little house of Mr. William Packer 's, I went to bed about ten, I fastened up the out-house between four and five, it is a wash-house adjoining the back part of the dwelling-house.

Is there any door from the dwelling-house into it? - No, it opens into the yard.

How does the door fasten? - With a lock, I locked it on the outside, and the windows were fast, the next morning I got up about seven, and found the wash-house door broke open, and the two fowls gone.

Did you go out that night after you fastened the out house? - Yes, I went out into the yard between seven and eight, and every thing was safe then, and the door shut, I got up next morning about seven, it was daylight then, I missed the two fowls, they had been there the night before; in the course of the day I missed the other things mentioned in the indictment.

WILLIAM SMITH sworn.

About four o'clock on Sunday morning, the 4th instant, I heard one of the fowls make a noise, I got out of bed and went to the stair-case window, but I saw nobody. On Monday night I heard the men were taken on the morning before, and I went to St. Giles's watch-house on the Tuesday morning, and there I foun d the bag and the things mentioned in the indictment.

Were the two prisoners there? - No. (The glue-pot produced, and deposed to.) I have had this nine or ten years, I had desired my wife to put some water in it to clean it, and when I saw it at the watch-house, some of the water was in it, and the glue was turned into size, I know the pot, it is rather melted at the bottom.

Can you undertake positively to swear to it? - I can.

Should you have known it anywhere? - I should; the other things I will not swear to.

THOMAS YOUNG sworn.

I am a shoe-maker, between six and seven on the 4th of December, on Sunday morning. I was going through Bedford-square with two watchmen, Philip Welch and John Bell , and we met the two prisoners with two bundles in Bedford square, with grates, pokers, shovels, tongs, and other things, cups, saucers, and plates, and dishes, I asked them where they were going, it was hardly daylight, it was between six and seven.

Was it or was it not daylight? - Daylight was coming on very fast.

Was it dawn of day? - Yes, they were before us, and we run after them, they did not run away from us, we asked them what they had got, they appeared rather struck, Thompson, in about a minute, said he came from Hampstead, I asked him where he got these things, and he said his brother gave him them who lived at Hampstead, I told him he must go to the round-house, I took him there as it was after watch hours, I searched them and took the bags, in Thompson's bag I found the glue-pot, the gridiron, the five linen clouts, a dish-clout, and the dead fowl, in the other bag I found the grate and the other things that are not sworn to, and in King's apron I found the live fowl that is now produced here, and the window curtain, with other things.

What did they say for themselves afterwards? - They said they found the things.

PHILIP WELCH sworn.

I was with the last witness, and what he has said is true.

JOHN BELL sworn.

I saw these things found on the prisoners about half an hour after six, it was not daylight.

PRISONER THOMPSON's DEFENCE.

On Sunday morning between five and six we were going up to Highgate to call for a friend there, and between this and Mother Redcap's, in the fields, we saw this bag laying, we opened the bag and saw what was in it, and we staid a bit by it, and nobody claimed it, and we returned home with the things, and were stopped.

Mrs. Smith. I can swear to the clouts, I made them myself out of some old shirts, and the gridiron I know; I know the fowl because the left wing was cut, and it had a cropper crown.

PRISONER's KING's DEFENCE.

We found the things in a ditch.

The prisoner King called one witness to his character.

BOTH GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-9

9. JOHN BATEMAN and ABRAHAM BOYCE were indicted for burglariously and feloniously breaking and entering the dwelling-house of Richard Babington , on the 12th day of December , about the hour of six at night, and burglariously stealing therein, one linen shirt, value 2 s. and one handkerchief, value 2 d. his property .

RICHARD BABINGTON sworn.

I live in Ratcliff-row , on Monday night last I went out about five, I locked the door and took the key in my pocket, I was drinking a pint of beer about twelve minutes after six, and some neighbours informed me that the house was broke open, the neighbours accordingly went and found people in the house, when I got to my house I found the door open, and the back door open, and some of the neighbours in the yard, and a shirt and handkerchief were scattered about the floor in the middle of the room, the shirt was removed out of a box that stood at my bed's feet, below stairs; mine is an almshouse, the prisoners were both taken, I saw the prisoner Bateman behind the door in the house, Boyce was gone down the yard, I did not see him till he was brought back, I locked my door and the key was in my pocket, nobody lives in my house but myself.

Mr. Garrow, Counsel for Prisoner Bateman. How long have you had this house? - Seven years, the bolt of the lock was bent quite double, it was fast when I went out.

Did you search this poor boy? - No, but nothing was found upon him.

ISAAC SAMMES sworn.

I was at this public house, and heard the prosecutor's house was broke open, I immediately with some others went over, there were three before me, I believe, and the old gentleman, I just set my foot on the step, I looked before me, the back door was open, and I went to go backwards to see for them, supposing they were there, and I went to put the door to; and when I went backwards, there stood that young man, there was nothing found upon the prisoner Bateman.

WILLIAM PEACH sworn.

I believe I was the first man that got there, the door was rather shut, and I pushed it open, I saw the prisoner Boyce in the house, there was a little light of the fire, he was rather undetermined which way to go, he went to the back door, and I followed him into a little garden, that belongs to the prosecutor's apartment, and there he stood, and there I stood, and I said to Thompson, here is one, he made no reply he rather sidled to the wall, he was going to get over the wall, I knew he could not get out there, he got over the wall, and I got over after him, then Thompson followed me, and I run up to him, and he stood still, and we took him in the pest-ground, then we brought him back, says Thompson, will you take hold of him, and I will see if there is another; I took hold of him, and said, how could you be so cruel to break open that poor man's house? and he said he did not, and I said yes, upon my oath you did, for I saw you.

JOSEPH THOMPSON sworn.

I went over this wall into the burial ground, and there I saw one of the prisoners, Boyce, I did not see him, till I got over the wall.

PRISONER BOYCE's DEFENCE.

I was going up to Islington, as I was coming by, these men were coming from the public house, and they said, we will have the rascals, we will have them; and I run along with them, and I saw a man go into the garden, I jumped over the wall after him, then they came and took me and brought me out of the ground, and they took and searched me, and found nothing.

Thompson. I was the first in the house.

PRISONER BATEMAN's DEFENCE.

I went in there, a man said he would give me some halfpence to carry a bundle, I went in and he shut the door.

Who called you in? - A tall man, he ran backwards.

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

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

JOHN BATEMAN , GUILTY Death.

He was humbly recommended to mercy by the Jury and Prosecutor .

ABRAHAM BOYCE , GUILTY Death .

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

Reference Number: t17851214-10

10. WILLIAM SIMON BOWYER was indicted for feloniously stealing, on the 4th day of November last, one linen tablecloth, value 8 s. one linen napkin, value 2 s. the property of Nash Mason , Esq ; and two pair of silk stockings, value 20 s. and three linen handkerchiefs, value 6 s. the property of Thomas Sotherly , Esq .

MARY VAUX sworn.

I live at Mr. Mason's, three pair of stockings were taken away, between the 19th of

October and the 2d of November, they were taken from a drawer out of a room belonging to Mr. Mason's house, in Queen's square ; I have seen the stockings since they were stolen, they were Captain Sotherly's stockings; I have seen one pair after they were stolen at the pawnbroker's, and the other pair in possession of the constable.

Do you know anything of the prisoner? - Yes, he is the husband of a cook that lives in the family.

Had he access to the house, have you seen him about the house? - I have.

Had you seen him about that time? - No.

Was you in town or out of town? - In town; I have one pair of stockings here, I do not know that the prisoner of my own knowledge took the stockings. (Looks at them.) I believe them to be Captain Sotherly's, to the best of my knowledge; the table cloth was my master's here is the mark upon it, there are half a dozen of the same, I have it in my possession now, it was left in the housekeeper's room, which is my room; I do not recollect the day upon which it was left, I found this table cloth at the pawnbroker's.

ANN HOLMES sworn.

These stockings are Captain Sotherly's, I marked them myself for the Captain, and put them in a drawer in the housekeeper's room in the evening; and the next morning missed them, on Wednesday morning, the 2d of November; his name is Captain Thomas Sotherly , Esq;

- BARCLAY sworn.

I am a pawnbroker, servant to Mr. Dobey, in Holborn; this table-cloth was pledged for five shillings, about the 4th of November, by the prisoner, I am certain it was the prisoner, I did not know him before, I never saw him but that time.

How long was he in your shop? - He was there at two different times.

Was he dressed as he is now? - I think he was in the same clothes.

And you mean to speak positively to him? - Yes, that is the man, he said they were his own property, and he told me he lived at No. 1, in Thorney-street, he gave me the name of William Bowyer; about a week after he brought these silk stockings, and pawned them for four shillings.

WILLIAM BLACKETER sworn.

I took up the prisoner the 2d of November, in Southampton-court, at a public house, I searched him and found the duplicates of the table cloths and stockings, and I found a pair of stockings and three handkerchiefs inside his breeches pocket behind.

(These stockings and handkerchief produced and deposed to by Mrs. Holmes, as the property of Captain Sotherly.)

Mrs. Holmes. One of the handkerchiefs has the Captain's name, Sotherly, at full length upon it, but I did not mark that.

PRISONER's DEFENCE.

I have nothing to say.

GUILTY .

Transported for seven years .

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

Reference Number: t17851214-11

11. RICHARD COLE otherwise ALLEN was indicted for burglariously and feloniously breaking and entering the dwelling house of John Todd , about the hour of seven in the night, on the 13th day of November last, and burglariously stealing therein, two silver tea-spoons, value 5 s. three table cloths, value 40 s. one diaper ditto, value 6 s. one damask napkin, value 5 s. three damask napkins, value 9 s. one white Marseilles petticoat flounced with muslin, value 20 s. two pair of white silk stockings, value 20 s. one silk handkerchief, value 1 s. and one linen cloth bag, value 6 d. his property .

JOHN TODD sworn.

On the 13th of November, on a Sunday, about two o'clock; I left the house, and double locked the door, I did not return till ten in the evening; I locked the door fast, and I found a neighbour of mine at the door when I returned; I went in, and missed the things mentioned in the indictment, there were many table cloths of other people's property, which were put into that house under my care; I am a smith , and my wife keeps a mangle.

ELIZABETH TODD sworn.

I live at No. 38, Bell-yard, Temple-bar , I keep a mangle, I came home about ten with my husband, and was informed the door was found open.

Was any part of the house broke open? - No, the lock was picked, and when I entered into the place, I missed the things in the indictment, and many more, they are produced by Edward Lucas .

EDWARD LUCAS sworn.

I stopped the prisoner on Sunday night, the 13th of November, at the end of St. John's-street, near Smithfield with this bag and things, I suspected another man that was with him; and he ran away, he had something under his coat, the next was very nigh to him, I caught one, that was this prisoner; he had a large bundle under his arm, wrapped up in a silk handkerchief; I asked him what he had, he said, wearing apparel, clothes for himself, and he was going to carry them home to his lodging; I felt them, and I thought they felt heavy, I said, I shall be glad to look at them, and asked him who he was, and where he came from; he said his name was Allen, and he lived in King's-street, Bloomsbury; and he was Allen's son the bricklayer, who lived in that street, I said, I know Mr. Allen very well; I took him to the Rose-Inn, Smithfield, there I opened the handkerchief, and found it to contain these things. (Produced, and deposed to.) I asked him how he came to tell me they were clothes; then he said he had been to fetch them from the mangler's, I asked him if he had anything else in his pocket, he said no, I searched him, and found two silver tea spoons in his pocket.

(The spoons deposed to.)

Mr. Garrow, Prisoner's Counsel. These tea-spoons and the handkerchief are your property? - Yes.

Whose property are the other things? - Peoples that are here present, none are mine but the handkerchief and the tea-spoons.

They were entirely under your care? - Entirely.

Which of you went out last on the evening of this robbery? - I went out last, pretty near two o'clock in the afternoon, and was not at home till pretty near ten.

And was not your wife? - No.

Was the house left entirely? - It was left entirely, only some lodgers up stairs.

Court. What may be the value of these things, what would you give for all these things? - About five pounds, as they are now.

JOHN ARNOLD sworn.

About seven in this evening, I found the door of Mr. Todd's house open, and knowing them to be out, and my back window looking into their yard, I called assistance; a lodger came down, we went in and searched the house, we found nobody there, the lock was not damaged, and we shut the door on the spring, and left it.

Mr. Garrow. The lock was not broke? - Yes.

Whether it was picked or opened with a key that belonged to it, you cannot tell? - Yes, I saw it about seven.

GEORGE MECHAM sworn.

I was with Lucas, and took the prisoner, I know no more than he did.

SARAH HEARTY sworn.

My husband's name is Benjamin, I know the prisoner, he has lodged in my house nine months, he is a plaisterer , he is a very sober honest young man, always kept very good hours, except the Sunday night he was taken, he never was out all day that

Sunday, till past eight at night, on the day he was taken, in November, I was at home the whole day, I am sure he was not out, it had just struck eight when he came down stairs, I heard St. Bride's clock strike, I did not hear he was taken till past ten that night; when I heard he was taken up, I sat myself to recollect what time he went out, and at seven I went to put my children to bed, and I saw him in his room; my husband is ill, and incapable of coming.

Court. What day of the month was this? - I cannot really say, I did not take notice about that.

Where was he that morning? - He was up stairs, he was at home and at dinner, and he was at home all the afternoon; I saw him at six at night, and a little after eight.

Was he in bed? - No.

Who was with him? - There was his wife, and a woman that he has to attend his wife, that was Mary Conolly .

MARY CONOLLY sworn.

I was a nurse to this young man's wife, I remember the night he was taken up for these things, it was four weeks last Sunday night, I cannot say particularly to the time that he went out, but St. Bride's and St. Paul's had struck eight; we heard of his being taken up about ten; I immediately recollected that he had not been gone out till past eight; Mr. Hearty is an ailing man, and very short breathed; he has the gout, and has not been able to stir out this three weeks.

MICHAEL ALLEN sworn.

I am a bricklayer and plaisterer, the prisoner has worked for me till he was taken up, pretty nigh three months, on the Saturday night I gave him a guinea for his wages.

Court. What sort of character does he bear? - A very good one, he is a very hard working young man, nor never was he known to go drink; as sober, honest a young fellow, as ever was living on this earth.

Court to Lucas. Did he tell you he was Mr. Allen's son? - Yes.

Allen. I live in King's-street, Bloomsbury, when a man comes to work with us, we give him a nick name, and we called him Allen, by that I apprehend he presumed to take my name, he is a very constant good workman.

Mrs. HUTCHINS sworn.

I have known him about a year and a half, he was very good while he was with me, he lodged with me, and was an honest sober man, and kept regular hours.

- WELCH sworn.

I work with Mr. Allen.

What is the name of the young man at the bar? - His name is Dick.

What is his nick name? - Allen, I cannot say how long he worked with my master, he is a sober, honest, industrious young fellow.

JOHN PENDERGRAST sworn.

I have known him about six weeks before he was taken, I knew nothing but what was good; I worked with him at Mr. Allen's, the men called him Allen sometimes.

Court. Two of the witnesses have sworn to his not going out, till St. Bride's clock had struck eight, and I am informed by an Alderman that sits here, that St. Bride's has no clock.

PRISONER's DEFENCE.

On Sunday night, I went out of my house a little after eight, and as soon as I came into St. John's-street, these two men were in pursuit of a man, and when they took hold of me, they asked me what I had in the bundle, and I told them I did not know.

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

Fined 1 s. and imprisoned twelve months in the House of Correction .

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

Reference Number: t17851214-12

12. WILLIAM WILLIAMS was indicted for feloniously stealing on the 26th of November last, six plate coach glasses, value 3 l. the property of Daniel Folkstone .

GEORGE PICKERING sworn.

I am a grocer, I look after the prosecutor's cattle, I receive money and pay bills for him, these six glasses were taken, four out of one chariot and two out of another chariot, which is Doctor Anderson's, the prosecutor pays for them, the frames were left behind, I found them two days after at the constable's of the night, in Queen-street, I tried them with the frames and they fitted very well.

JEREMIAH BRAY sworn.

I am a harness maker, I went with the prosecutor and tried the glasses, and they fitted; these glasses were in the chariots on Saturday, I saw every carriage in the range of coach-houses, the glasses to the front were up, and I saw the string project out.

PHILIP WELCH sworn.

I stopped the prisoner, with six glasses, the 26th of last month, before twelve at night, in Holborn, they were not in frames, they were under his arm without the frames, he passed by me, and I looked at him and called him, he made me no answer, so I followed him and asked him what he had, he said glasses, he brought them from the grinders in Newtoner's-lane, he said he was going to his master's, I asked who was his master, and he refused to tell me, I asked him his own name, and he refused to tell me; somebody passed by and looked at the glasses and said they were old, and the prisoner said what has that gentleman to do with it, nothing says I; and he asked me if I would have a glass of gin, I saw no watchman, and I thought he would break them, so I said I do not care if I do, so I took him into Feather's-court, and there was a watchman, and when he saw the lanthorn he would go no further, he offered me six-pence, and bid me spend it as I chose, I called the watchman to my assistance, and I took care of the glasses.

SAMUEL SMITH sworn.

I am watchman in Featherstone-buildings, the last witness and the prisoner came together, the witness called out Smith, and I took he prisoner into custody with the glasses. The prisoner gave the glasses very quietly, and I took care of the glasses, he fell down and I fell down, he got up and ran down Featherstone-buildings, I ran after him and he was taken, the prisoner said the thief was gone down Hand-court; the prisoner is the same man I had first in custody with the glasses.

THOMAS WELCH sworn.

I am the other watchman, I took him.

WILLIAM LOWE sworn.

I am constable of the night, I know, nothing more, I have had the glasses ever since.

(The glasses produced and deposed to by Mr. Pickering.)

Mr. Bray. You may look over ten pounds worth before you find six fit as these do.

PRISONER's DEFENCE.

I kicked against the glasses and broke off one of the corners, and was taken with them, I told the watchman that I found them in Newtoner's-lane; they threw me down and beat me very much because I ran away to save the blows.

GUILTY .

Transported for seven years .

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

Reference Number: t17851214-13

13. JOHN alias JAMES MURRAY was indicted for that he, well knowing that one William Lindsay deceased, had served our Lord the King, as a seaman on board his majesty's ship the Burford, and that certain wages and pay were due to him at the time of his death for such service done by him on board the said ship, did appear before Doctor

Ducarel, then surrogate of the worshipful Peter Calvert , L. L. D. with a paper partly printed and partly written, with the mark of the said William thereunto subscribed, purporting to be his last will and testament, dated the 20th of March, 1784, and there unlawfully, willingly, knowingly, and feloniously did take a false oath that that paper writing contained the last will and testament of the said William Lindsay , and that he was the executor of the said William, the said Doctor Ducarel having sufficient power and lawful and competent authority to administer such oath in that behalf; whereas in truth and in fact the said paper writing, partly printed and partly written, did not contain the last will and testament of the said William Lindsay , which he well knew, and whereas he was not executor to the said William, with intent to receive the wages and pay due from our Lord the King to the said William Lindsay for such service.

A second count, for that he, supposing William Lindsay deceased, had served, &c.

HENRY HUNTER WILLIAMS sworn.

(Produced the ship's books of the Burford.)

There appears to be wages due from January, 1779, to the 10th of February, 1784, at which time he died.

THOMAS FLETCHER sworn.

This is the will of William Lindsay , I brought it from the Prerogative-Office.

JOSEPH SPECK sworn.

At the transaction of this business, I was clerk to Messrs. Marsh and Abbot, Doctors Commons, they are proctors, I perfectly remember the prisoner coming into the office, in August, 1784, to prove this will, (looks at it) it is the very same, this is my hand-writing, I went with him before Dr. Ducarel, he was one of the surrogates belonging to the Prerogative-Court of Canterbury, the oath was administered to him, the nature of it is, he swears, that that paper contains the last will and testament of William Lindsay , and that he is the sole executor therein named, I saw Dr. Ducarel sign it.

(The will read.)

Court. Are you clear as to the terms of the oath? - I believe I am.

Repeat them again. - He swore that that paper contains the last will and testament of William Lindsay deceased, and that he is the sole executor therein named, and that he will faithfully perform the trust therein reposed in him.

Does it say any thing of the value of the property? - No, it does not.

Did you ask him any questions? - I do not recollect that I did, he only produced the will and I wrote the jurata upon it, I do not recollect that any questions passed either on one side or the other.

Prisoner. This gentleman took me up this time twelve-month for another false affair.

Court to Speck. How long was he with you? - About half an hour, I am very positive of it, there are a great many people come to me. He mentioned a circumstance which I should not have mentioned; I was under the disagreeable necessity of appearing where I now am, and he stood where he now stands; I should not have mentioned it otherwise, I do not wish to injure the prisoner; owing to the name being spelt wrong he got off.

Williams. I have examined the Burford's books from 1776 to the 19th of July, 1784, and find no other person but this man, William Lindsay , on board, and he died the 10th of February.

Look for the name of William Marshall . - He does not appear to have been on board the ship at that time, for he was discharged the 5th of August, 1783, at which time he was invalided and did not return again; William Stock was discharged from the Monarque the 12th of March, 1783, and died in the Monarque.

Where was the Burford the 20th of March 1784? - She appears to be in Table Bay.

Court. What means is there taken to

ascertain the accuracy of the dates of the ship's books at the time of the death of the parties?

Williams. This is the book from which the money is paid, and we look upon it a sufficient authority for us to pay upon.

JAMES FINLEY sworn.

I was surgeon on board the Burford, I knew Lindsay, I was on board when he died, I think he died before we arrived at Table Bay, I will not be positive, the ship arrived there about the middle of February, 1784.

Have you a distinct recollection of the time of his death? - I have not.

Then you cannot speak with absolute certainty whether it was before or after? - I cannot.

Are you sure he died on board the ship? - I am sure, because I attended him in his last moments.

JAMES LOCKWOOD sworn.

I was a seaman on board the Burford, I knew Lindsay, and I knew the prisoner James Murray ; Lindsay and the prisoner did not mess together as I knew of, Lindsay messed along with me, the prisoner did not mess with me.

When did Lindsay die? - I cannot recollect, I think it was in the month of February.

Was it before or after you got to Table Bay? - I think it was before.

Was Murray on board the ship then? - Yes.

Did he know the time he died? - I cannot positively say.

Could Lindsay write? - No, he could not.

Did you know Marshall when he was on board? - Yes.

When did he leave the ship? - I cannot positively say.

Was he on board when you left the Cape? - I believe he was, I cannot say.

Do you know Stock? - Yes.

Was he on board? - I cannot say.

Were they on board when Lindsay died? - I cannot say with certainty.

What size ship was she? - A seventy gun.

Count to Finley. Were Marshall and Stock on board? - One of them was invalided, Commodore King's squadron was there, Stock was on board the Monmouth, and he might by possibility have come on board our ship, the men in the squadron had liberty of visiting different ships.

Lockwood. William Lindsay wanted to make a will and power to me.

Court to Speck. Look at that upper indorsement on the will, is that your handwriting? - Yes, it is.

Where did you take that information from? - From the prisoner.

How do you know that? - Because these questions are always asked, and these questions I did ask him, this was taken from him.

PRISONER's DEFENCE.

I know nothing at all of the will, I never produced it in my life, I deny that I am the person that produced the will.

Court to Williams. Has there ever been any other claimant? - It does not appear, the wages are still unpaid.

Fletcher. The probate was revoked the 10th day of this month, and administration granted to the brother.

The prisoner called two witnesses to his character, and Mr. Finley, the surgeon.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-14

14. MICHAEL DRUITT was indicted for falsely and feloniously making, forging, and counterfeiting, and causing and procuring to be falsely and feloniously made, forged and counterfeited, and willingly acting and assisting in the false making, forging, and counterfeiting, on the 16th day of April last, a certain order for the payment of money, with the name William Parsons thereunto subscribed, dated the 16th day of April, 1785; directed to Messrs. Pybus,

Dorset, Cockhill, Pybus and Hale, for the payment of 15 l. which said false, forged, and counterfeited order for payment of money, was in the words and figures following, that is to say: No. 148, Bond-street, No. 17, London, April 16th, 1785. Messrs. Pybus and Co. pay Mr. Richards or bearer, 15 l. William Parsons ." With intention to defraud Mathew Stenson .

A second Count. For uttering the same with the like intention.

A third Count. For forging a like order for payment of money, with intention to defraud the said Messrs. Pybus and Co .

A fourth Count. For uttering and publishing as true, a like order with the same intention.

(The Case was opened by Mr. Fielding.)

The witnesses examined apart by the desire of Mr. Garrow, Prisoners Counsel.

MATHEW STENSON sworn.

Do you know the prisoner? - I do.

Tell my Lord and these gentlemen, when it was he came to your house at Kensington, and what was the purpose of his coming there? - On Saturday the 16th day of April last, the prisoner came to my house between the hours of one and three, I cannot be certain as to the time; I keep a shop at Kensington , he came with a pretext of taking a house of me which I had to let, for an old lady an acquaintance of his at Fulham; after a variety of conversation about this house, I told him I did not chuse to come to a conclusion till I saw the lady, he told me in answer to that, that he would bring the lady over on Monday to see the house.

Had you curiosity at that time to ask him his name? - Not immediately I did not, he then asked me if I had Irish cloth, he said, Sir, I should be very glad to have a piece of Irish cloth of you, you can serve me as well any man in London; I said, I should be sorry I could not, he then wanted some lawn for trimmings, I made him an account for five pounds, one or two shillings, he then presented a draft for fifteen pounds, of Messrs. Pybus's, I looked very earnestly at it, it was in the parlour, he followed me into the shop and said, Sir, you are very right to be careful, there are a great many bad drafts about and swindlers, I asked who Mr. Richards was, he said, that is myself, I live at Fulham, and Mr. Parsons the drawer lives at Fulham also, upon this I took the draft, and gave him the balance in cash, the amount of it was fifteen pounds; it has been in my possession ever since, excepting a few days, I am very clear it is the same, I entered it in my bill book, and took particular notice of the number.

Did you mark that identical paper? - I did not.

Who did you part with it to? - To one Mr. Tate.

Do you think, Sir, you are able to say that is the same note? - I am positive sure.

Are you sure of that? - I am clear.

How much money did you give him in change? - Between nine and ten pounds.

What conversation continued between you? - He followed me from the parlour to the shop, and I examined the note very minutely, I had many checques from Mr. Pybus's house, he said, I did very right to examine very minutely, that there were a great many bad notes about, but this was a very good one; I observed to him that I was sorry he would not give me leave to send his goods home, I offered to send them home two or three different times, he only said he was going to Fullham, and should return on Monday with the lady to shew her the house.

Did he say where he was going before he went to Fulham? - No, he said no more than that, but I rather concluded, he was going to the tavern.

Mr. Garrow. Do not tell us what you concluded; did he say he was going to the tavern? - No, I sent this draft for payment, and it was not paid, I have no doubt but this is the very identical draft that was produced for payment.

You know it by comparison with your book I suppose? - I took the particulars down

Your book is not here? - No.

Looking at that without comparing it, what is there upon it that enables you to swear it is the same draft that was tendered by the prisoner? - No. 17.

Did you bear that in your memory, or did you take it from your book? - I bore it in my memory, it is written.

Any other paper that had seventeen wrote in it might impose itself upon you; if I was to make an accurate copy of that note how would you know one from the other? - Not only the number but the capital letter R struck me.

What is there peculiar in the capital letter R by which you now recollect it? - Why there is not particular support at the bottom to the return.

I will thank you for a sight of it? - The last part of the letter.

This has as much the appearance of a P as an R?

Court. It is not a common R certainly.

Mr. Garrow. Now I take it you are not quite sure it is an R? - It strikes me as an R.

Now will you venture to swear the name on that draft is not Prichard? - There are not letters enough.

I say that which you call a capital R, is a capital P? - I cannot venture to swear that it is.

When did you for the first time, make that observation on the supposed R? - I entered it down as an R in the copy.

When for the first time did you take any particular notice, or make any particular observation on that letter? - In the course of about five days.

Then before you had made that observation, it had passed out of your hands? - No, Sir.

Yes, you had sent it out for payment, you did not carry it yourself? - No.

Then you see I was right? - It was in the hands of my nephew and servant David Stenson .

He brought it back again? - He did, then I entered it.

Your book is not here? - No, then I put it in my pocket-book, and then I received this letter.

Put that letter into your pocket-book again; did you communicate your observations on the letter R to any body? - I did not.

Then it rested for some months I think, 'till Mr. Tate came to you? - Yes, it was.

When did you again see the prisoner at the bar? - Not before the 23d of November, Mr. Tate had been with me prior to that, and told me that my name was put into the body of a draft to Messrs. Hankey's house, the man was at liberty when he came to ask me if I knew any thing of that draft.

When you first saw the prisoner you knew he was then in custody upon a charge of forgery? - Yes, I understood to.

You was called upon to identify the prisoner's person? - Yes.

Other people could not identifie him? - I do not know.

The prisoner stood there as a party accused, as a prisoner? - Undoubtedly.

Probably with irons on? - Not that I know of.

That was the first time you saw him after he came to your house at Kensington? - Yes.

At the distance of six months? - Yes.

How long might the person that bought the lawn and the Irish stay with you? - I suppose about twenty minutes or half an hour.

You have told us the whole conversation that passed between you? - Yes.

There was nothing else that passed between you? - Nothing.

You are sure of that? - Yes.

Mr. Fielding. Have you any doubt in the world of that being the man that came to your shop? - Not the least doubt in the world.

Have you any doubt in your mind that that is the note? - Not any, I asked him if his name was Richards, and he said it was.

Court. When did you part with this note out of your hands to Tate? - It was about six weeks ago, he had it about a fort, night or three weeks: he came down to me, to ask me if my name was Stenson,

about a draught on Hankey's house, I then compared it, and found it was the ame hand writing.

For what purpose did you give it to Mr. Tate? - For the purpose of comparing hands.

Did it never occur to you, that it would be a better method to put some mark of your own hand writing upon it, than to enter it upon your book? - It being a bankers draught I did not.

Suppose, now, any person had been at the pains after you had parted with this note to take another checque of Pybus and Co. and upon that to make an exact copy and imitation of the note; I do not mean a common copy, but a copy professing to imitate the hand-writing, should you know the one from the other? - Some people are very ingenious in copying to be sure, but Mr. Tate put his mark upon it.

Court. Then let him be called, although the belief of this witness would be evidence certainly to be left to the Jury.

- TATE sworn.

I am clerk to Messrs. Hankey's house, I received a note from Mr. Stenson, that was the same that I returned.

Stenson. This is the same note that I received from Mr. Tate.

Mr. Garrow to Tate. Did you keep it in your own custody, or was it left in the shop? - In my own custody always.

(The note read and compared with the Indictment.)

"No. 148, Bond-street, No. 17, London,

"April 16th, 1785: Messrs. Pybus, Dorset,

"Cockell, Pybus and Hale, pay Mr.

"Richards or bearer fifteen pounds."

" William Parsons ."

15.

DAVID STENSON sworn.

I am nephew to Mr. Stenson, I know the prisoner, I was in the shop when he came into it, he enquired to know whether the house was to let, I am very positive he is the man, my uncle gave me a note to carry to Mr. Pybus, which I did, this is the note, I carried it to Mr. Pybus's, and there it was refused payment; I carried it back to my uncle's, and never parted with it, till I delivered it at Mr. Pybus's, then I gave it back to my uncle.

Mr. Garrow. When you carried it, you had no suspicion of its being a forgery? - No, therefore I tendered it for payment, I delivered it to one of the clerks, he did not carry it out of my sight at all.

THOMAS DENNISON sworn.

I am clerk to Messrs. Pybus and Co.

Mention the gentlemen's names that were partners in April, 1785? - John Pybus , John Hale , John Pybus , Jun. and Paggen Haley .

Look at that man, the prisoner, do you know him? - I know him by the name of Thomas Price .

What do you know of him by that name?

Mr. Garrow. I object to that, unless it is connected with this charge.

Mr. Silvester. Did he tell you his name was Price? - He received in that name and gave his direction, No. 2, Gresse-street, Rathbone-place.

Did he open an account at your house? - He opened an account the 5th of October, 1784, under the name of Thomas Price .

Did he say that was his name, or did he come in the name of that person to open an account? - I understood him that he said his name was Thomas Price .

Look at the note? - This is a draught of one of the checques of the old house, Pybus, Dorset, and Co.

Mr. Garrow. Do you know of your own knowledge, except by the books of Mr. Pybus's, that they had no account with Mr. Parsons? - Yes, I know it by my own knowledge, without the books, on the 16th of April, 1785, there was no person of the name of William Parsons ,

had any cash at our house; the firm of Dorset, Pybus, and Co. expired the 31st of December, 1784; then the next day commenced the firm of Pybus, Hale, and Co.

Then in April, 1785, he was not a partner? - He was, but Dorset and Cockell were not.

Court. Should you have paid upon the checque of the old firm, if it had been from a customer? - Yes, I should, we should have taken a pen and made it right.

I suppose all the out standing draughts of the old partnership Pybus, Hale and Co. would have been paid? - Yes, unless one of those transferred to Sir Herbert Mackworth and Co.

Was it after that partnership was formed, ever known by the description of Pybus, Call, Dorset, Pybus, and Hayley? - No, Sir.

In 1784, the partners were Pybus, Dorset, Cockell, Pybus the younger, and Haley; in January, 1785, Dorset and Cockell went out, and Call and Grant came in.

Was the partnership of Pybus, Call, Pybus, Grant and Haley, that partnership firm in 1785, was it ever known by the old firm of Pybus, Dorset, Cockell, Pybus and Haley? - I do not know that it was.

Do you know one way or the other, answer the plain question without endeavouring to find out the consequences of it, whether the new partnership was ever know by the old firm? - No, I do not believe it was.

Mr. Silvester. If any person was possessed of any of your old checques, and kept cash there, though it was directed to Messrs. Pybus, Dorset, Cockell, Pybus and Haley, yet the new partnership will pay it? - They would.

Mr. Garrow. Was not the reason of that draught being so answered, that it was properly addressed to the old firm, being one of the draughts of the old firm, of a remaining balance of Pybus, Dorset, and Co? - It was.

Have you had one single instance of this; that a customer of the new firm, not a customer of the old house, has drawn a draught upon the old checque, and that it has been paid? - We have not.

Court. Then you mean the draught of a customer who had come from the old firm?

Mr. Garrow. If by any mistake a new customer had written on a checque in the old firm and drawn? - We have had an instance of that kind: Mr. Cuthbert arrived from the East Indies since January, and drew a draft, on the new house, upon an old checque, and it was honoured; he had no account at all with the old house.

Does Mr. William Parsons keep any account with Mr. Dorsett's new house? - I do not know.

Will you swear that this house was not intended for the house of Mackworth, Dorset, and Co. by the description of Pybus and Co. - I cannot say to be sure.

Court. In fact Dorsett is a partner with Sir Herbert Mackworth and others; if any customer of yours at the new house, keeping an account and drawing upon the house, had, by accident, indorsed the name of Mackworth upon one of his checques, would you have paid it? - Certainly not.

Suppose a customer of yours had, by accident, added to your firm the name of Johnson, would you have refused his draft on that account? - We have not an instance of it.

Mr. Garrow. What do you think? - Aye, that's my opinion.

You told us just now that Mr. Parsons has no account at the house of Messrs. Pybus and Co. - No, he has not, I know it of my own knowledge, I am the third clerk in the house.

An in-door clerk? - No, I go a little out.

In what way is it that you know who keeps accounts there except from the books? - Because I write the cash book.

Is it impossible that this thing might happen, that on Saturday an account was entered at Mr. Pybus's which has not yet

come to your knowledge? - Without examining the books I know there is no such name.

Could you recite all the customers of the house from your memory? - No.

May there not be in these books an agent of the name of William Parsons , and you not know it? - There is no such customer.

Mr. Silvester. Is my friend Mr. Garrow a customer of yours? - No, Sir, I have seen his brother's name pass there, but not his.

Court. It is very possible a man may be able to say upon memory that a man is not a customer, though he cannot tell all that are.

Where doth Sir Herbert Mackworth live? - In Bond-street, No. 168.

JOHN PARSONS sworn.

I live in Fulham, I have lived there eighteen years, I know nobody of the name of William Parsons there, nor have I within that eighteen years.

Do you know most of the people that live there? - I cannot say I do.

Mr. Silvester. We have done.

Mr. Garrow. My Lord, I submit, there is no evidence that this instrument is a forgery, and that it is not a good instrument of Mr. William Parsons , whose name it bears, I am sure your Lordship attended to Mr. Silvester's opening, he said he would call a Mr. John Parsons , to whom he supposed a representation of the prisoner to allude, there is no evidence that the prisoner made any such representation to Mr. Stenson, I asked him over and over again, and though the opening was made in his hearing, he does not know of any; therefore, their calling this Mr. John Parsons is not only idle but absurd, for it is not pretended that this is the draft of Mr. John Parsons of Fulham, but I was provided for that case if proved; for I take it to be perfectly clear, that if the prisoner had represented this to be the draft of a Mr. Parsons at Fulham, unless they had clearly shewn that no other person resided there, it could not be let in to aid them in the present prosecution: I state that, as the determination of the Court of King's Bench, on a case that is in Douglass's Reports, argued by Mr. Fielding,

"The King against Jones otherwise Perrott," he offered him in payment a note resembling in size, and every other respect, a bank of England note, but instead of saying for the Governor and Company of the Bank of England, the printed note said for my Governor and Company of my Bank in England; it was in evidence the person offering it said, this was a good note, and I remember Mr. Fielding said that might be let in after the word purporting, assisted by the collateral representation to be a Bank of England note: the case first came in the shape of an indictment of a fraud before Mr. Justice Blackstone, he was of opinion, if it was any thing, it must be a forgery; it was afterwards tried before Lord Mansfield, who reserved the case, it was afterwards argued; the Court said the purporting must be on the face of the instrument itself, that every man that looks at it may be able to say, this purports to be such a draft; here, therefore, they must shew it is not the draft of Mr. Parsons; now how have they attempted to shew that? why by calling Mr. John Parsons to tell your Lordship no other fact but that he lives at Fulham; they have given no evidence that this is not the draft of Mr. William Parsons , living at York; my Lord, I beg leave to say there is no representation against the prisoner at all, but if there was, that case of the King and Jones is in point, for the jury must look on the draft itself; now evidence is not affected to be given to them, that it is not the note of Mr. William Parsons of Fulham, and therefore it is impossible that they can find the prisoner guilty.

Court to Prosecutor's Councel. You should have used all due diligence to have shewn that there was no such person of that name at Fulham, or if there was, it was not his hand writing: you might have consulted the parish books, you might have consulted

the parish rates, you night have shewn no such person was there; the prisoner is not answerable for that representation which is upon the face of the draft, and he might have taken this either of a person of the name of William Parsons , or of a stranger.

Mr. Silvester. My Lord, you see this man says my name is Richards, and the note is made payable to him, it is within his knowledge who represents it, the note is not taken on the credit of the prisoner, it is taken on the credit of Parsons having cash at Pybus's house: I have known a great many convictions, I have known men suffer upon no other evidence before the Court than merely this, there was evidence at the banker's that no such person existed that kept cash at that banker's: it is a fact within the prisoner's power to become acquainted with.

Court. The law is not to accommodate itself to particular cases, or to the particular conduct of persons; where you charge a forgery, it is incumbent upon you to give some evidence that it is a forged instrument, be the instrument what it may; if a person takes the draft or note of a stranger, it is not very usual to take it upon a man's saying it is Mr. Such-a-one's, who lives in London or any where else, but people enquire a little more particularly; the party uttering the note is bound down by the description that he gives, and the law will not permit him afterwards to say that there is another man of this name who really wrote the note of another description; but where a man takes a note without any description, or with very little description, he takes it at his risk: In the present case, you are not to convict a man because he cannot prove his innocence, but you must first give reasonable evidence of his guilt; the matter in doubt at present is this, this draft is the draft of William Parsons , whom the prisoner represents as living at Fulham, it is taken with the description of locality, and you should have used all due diligence to have shewn there was no such person living there.

Mr. Fielding. My Lord, although it is not a very pleasant employ to exert one's-self in aid of a prosecution, where the event of it, if it obtains, will be certain death, yet I must say a word: my learned friend has stated a case out of Douglass, that does not seem to me to apply: if I charge that an instrument purports what it does not, that charge falls to the ground: purport will equally apply to representation, viva voce, that represents matter of evidence from the mouth of a witness, the evidence must altogether arise from the instrument itself, here it does not seem to me that my learned friend took any objection to the instrument, but to the evidence: the purporting is here delivered to the Court, upon which there can be no mistake: the man tells him, that this is a draught drawn by a Mr. Parson's of Fulham, upon Pybus and Co. and that he is Mr. Richards, the very man in whose favour the draught is drawn; now suppose in this case, the evidence had stopped short, and he had not assumed the name of Richards, the evidence would be compleat as to this forgery; but when you have it in evidence, that a man assumes that his name is Richards, which is a manifest falsehood, that would form a subject for a serious deliberation, there would be sufficient to leave it to the Jury, but I do conceive there is something in this, that he being the person in whose favour the draught is made, it is incumbent upon him to know something of the firm of the house, before he receives the draught on the drawer; he therefore takes upon himself to receive the draught, and professes that this man keeps cash at Pybus's, and when the fact comes out that there is no such person as this William Parsons , it is another circumstance of presumption, that the whole is a fabrication from beginning to end: as to the putting it to us to search through Fulham, this seems to be putting upon us the proof of the negative: I agree with your Lordship, that the justice and the humanity of the law of this country is, that no man should be called to defend himself, till some guilt is proved, but there are degrees of proof, it hardly ever in forgery amounts

to demonstration; therefore, as in this case, it depends upon the degrees of probability.

Court. I shall leave the evidence to the Jury.

Mr. Garrow. My Lord, I was told from the Bench a day or two ago, which I own was news to me, that I was entitled to a reply.

Court. In stating your objection, you are entitled to a reply, I think so, clearly in all cases.

Mr. Garrow. It has not been usually, I believe, the way with us here.

Court. It is a constant practice in all interlocutory matters.

Mr. Garrow. I have very often fallen into the error of supposing I had no right to reply, because the objections I have had the honour of stating, have generally been so strong, that they have not stood in need of a reply: the gentlemen on the part of the prosecution have observed pretty strongly, and pretty much at large upon the facts of the case: that certainly is not the province of the Counsel; but that is all that Mr. Fielding has done, and Mr. Silvester supposes that there was something more in this representation, than he is warranted by the evidence to suppose; because as it stands at present, it is a naked representation of this fact, that he was the Mr. Richards to whom it was payable, and that William Parsons lived at Fulham; but says Mr. Silvester, there is this further representation, that William Parsons kept cash at Pybus's, and if we negative that fact, we have done enough for the present prosecution; but God forbid that a falsehood should convict a man of the offence of forgery. Now with respect to this Mr. Parsons that they have called, is he the only man of the name of Parsons, or is he the man who best knows? I am entitled to assume that it is in the knowledge of the person that instructs my learned friends that there is a William Parsons , the true drawer of this draught, and that he lives at Fulham; I know it would be a perfectly good defence if I could produce a bricklayers labourer of the name living there; they ought to produce the parish officers, they ought to produce the rate books, and the fact on which they rely, being that this is not the hand writing of William Parsons , it would be a great deal too much for the Jury to trust their consciences with saying, and it would be too much for your Lordship to say, there is no William Parsons living at Fulham, when perhaps to-morrow the very man that drew the bill may stand up.

Court. I think this case by far the shortest in point of evidence, that I ever remember to have heard of, or to have read of; there are two sorts of forgeries; one is the forgery of known and defined person, in that case it is necessary to prove that the party did define that person, if he is not sufficiently defined on the face of the instrument, which, in the case of an acceptor he may not be; but in the case of a drawer he rarely can: it will be necessary to prove, that the party having the draft, did, by his description, limit it to be the instrument of that person whose it is charged to be; and then you are bound to prove by the best evidence the negative, that is not the hand writing of that person. There is another kind of forgery more difficult of proof; where a draft is drawn in the name of a man who did not exist, or rather in the name of a man not known, for perhaps there cannot be contrived a draft in the name of any person who did not exist; (for draw a draft in any name, there are persons of the same name,) but who do not exist for the purposes of that draft, that case is most difficult of proof; but it does not follow because a case is difficult of proof, that the law does not call for it to be proved; the parties must always use due caution, and due diligence: here is the designation of a place which seemed to be capable of being ascertained with due diligence, now Fulham is not a place of that extent, but it might have been ascertained; if therefore, this case stood merely so, I should not be inclined to leave the evidence to the Jury, but should give them my opinion, that there was not evidence of this

being a forged draft, which is a necessary question before they can enquire whether the prisoner forged it; but there is one circumstance that inclines me to leave this evidence to the Jury, which is, that the prisoner professed to be the payee of the draft; now I do not agree with the learned gentleman, that his saying his name was Richards, when it was not, is a circumstance of the guilt imputed to him by the indictment; for tho' that argues a consciousness of guilt of some kind or other, yet it may equally refer to twenty other kinds of guilt, and I think it would have the same effect, as to this question, if his name really had been Richards, and if that part of his representation had been true; it is not therefore because he gave a false representation, that I think that helps the evidence for the prosecution, but because by stating himself to be the payee of the note whether true or not, he takes upon himself the knowledge of who is the drawer; that circumstance weights on my mind, to leave the evidence to the Jury, and tho' a party should not be called on to prove his innocence till his guilt is established, yet a person who takes upon himself the knowledge of the drawer should be called upon to shew who is that person: at the same time, the prosecutor has not used due diligence to lay the best evidence before the Court; they might have called the parish officers and have proved that they knew the parish, and had gone round to collect the rates, and that they knew of no person whatever of the name of William Parsons ; I shall therefore leave the evidence to the Jury.

Prisoner. I wish to say nothing but what the learned gentleman has said.

Court to Jury. Gentlemen, it is necessary it should be proved in this case, that this is a forged order, not of the hand writing of William Parsons , and that the prisoner forged it, or uttered it knowing it to be forged; if this was the draft of any William Parsons living at Fulham, it would be no forgery, because the prisoner added no other description of him, but his living at Fulham; on this the evidence for the prosecution is very short, they might have produced better evidence, yet they manifestly thought some evidence was necessary, by that shadow of evidence they did produce.

Jury. We think it necessary that the prisoner should say who this William Parsons is?

Court. You are to judge that, he is silent on the subject; but the first question is, whether you have evidence enough on the part of the prosecution that the fact is so, receiving no answer from the prisoner.

The Jury retired for some time, and returned with a Verdict

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-15

15. The said MICHAEL DRUITT was again indicted for falsely and feloniously making, forging, and counterfeiting, on the 1st day of November last, a certain order for the payment of money, with the name G. Holmes thereunto subscribed, dated 29th of October, 1785, addressed to Thomas Hankey , Joseph Chaplin Hankey , Stephen Hall, Robert Hankey , and Richard Hankey of London, Bankers and partners; by the name and description of Messrs. Hankey and Co. for the payment of 10 l. 12 s. to Mr. Stenson or bearer , the tenor of which note is as follows:

"October 29th,

"1785. Messrs. Hankey and Co. pay

"Mr. Stenson or bearer, ten pounds

"twelve shillings, G. Holmes." With intention to defraud Isaac Brown .

A second Count, For uttering the same knowing it to be forged, with the like intention.

A third Count, For forging a like order for payment of 10 l. 12 s. with intention to defraud Thomas Hankey , Joseph Chaplin

Hankey , Stephen Hall , Robert Hankey , and Richard Hankey .

A fourth Count, For uttering the same knowing it to be forged, with the like intention.

The witnesses for the Prosecution examined apart.

(The Case was opened by Mr. Silvester.)

ISAAC BROWN sworn.

I live in the Strand , I keep a haberdashers shop , and have done for nineteen years; I remember a man coming to me on the 1st of November, about four o'clock in the afternoon; I am very precise in respect to time, my men were at dinner, I was sitting in the parlour by the shop, a man opened the door, I asked him what he wanted, he said, some mode; I asked how wide, which is a very common question, he said, without giving me any direct answer, I believe I have a minute of it, he took out his pocket-book, and read, or pretended to read, four yards three quarters mode, at four shillings and sixpence, a square of yard-wide ditto, no price particular; says he, it is for an old lady, who desired me to buy it; I suppose you serve me as well as other people; upon which I went round to the other side of the shop, and the yard-wide mode presenting itself first to my view, I took hold of it, it was about six shillings, I said, I should think that would do very well; yes, says the man, I should think it would, I opened it, and shewed it him; says he, I am no judge myself, so I took my scissars out of my pocket, and was just in the act of making an incision, and he stopped me short, before you cut it I should like to know what they come to; he read four yards of black ribbon, at ten pence, and twelve yards of nett lace, at about fourteen pence per yard; and I should be glad to know what they come to, before you cut them off; I said, I am pretty accurate in calculation, and if you will repeat the articles I will tell you without pen and ink, he did so, and I reckoned them up to two pound three; he put his hand in his pocket and pulled out some money, I think there was half-a-guinea and some silver, as far as my memory serves, says he, I cannot pay for them unless I can get change for a note, he did not say, unless you can change me a note, says I what note is it? says he, here it is, and he took it out of his pocket, I took the note and seeing G. Holmes at the bottom, I said who is G. Holmes, says he, he is a private gentleman that lives at Kensington, and I asked him whereabouts at Kensington, he said, at Stones-end, going to Hammersmith; and he said, yes, says I, then who is Mr Stenson, says he, that is the person who the things are for; now from that moment his having first told me it was an old lady, and I seeing the name created suspicion, for Mr. Stenson could not be an old lady at any rate, I caught at the expression directly, says I, you told me just now, it was an old lady that wanted these things, O says he, I suppose in the hurry of drawing the draught, they omitted the S; I never asked the old lady's name, nor asked the man his name, I went and called my man from dinner and beckoned him to go into the parlour, and told him there was a person in the shop who I did not know, and he came in such a sort of questionable shape, I did not know what to make of it, and I sent him to Messrs. Hankey's; that was the only proof to ascertain whether it was sound or unsound. After my man was gone I went into the shop, and entered into conversation with the person, and he said he had some little business at Mr. Constable's, and I said the man will not be long; so we were talking about the new tea-warehouse, and who were the proprietors and such like: whether the prisoner's situation grew uneasy or not I cannot say; but, says he, as your man is not returned I think I will go to Mr. Constable's, and I will be back in about ten minutes, very well, Sir, says I, if he brings the money I will send him to you; the prisoner never returned, and in about a quarter

of an hour or twenty minutes my man and Messrs. Hankey's clerk both returned, the moment I saw a new face I was convinced that my suspicions were well founded, and that I was right: I said to my young man, you know where Mr. Constable lives, go and see whether he is there or no, so I believe they did, they did not come into the shop, they returned and said the prisoner had not been there.

Have you the note? - No, Mr. Tate has it, and Mr. Tate then said he suspected it was Druitt.

Do you know the man? - Yes, I am sure it is the same man.

It was not candle-light? - No, Sir, it was not.

Are you quite sure as to the day? - Yes, I think I am quite sure.

Mr. Garrow. When a man says I think, I apprehend it imports a doubt. - It may, Sir; I am quite sure.

When did you see the prisoner after? - I never saw him till he was taken, which I believe was three weeks or a month, but I received a letter from Mr. Tate, informing me that Druitt was in custody, at the Rotation-Office, at Hick's-Hall, I found him in custody, charged with the offence.

Do you recollect whether you mentioned the day at the Rotation-Office? - Yes, I did, I am perfectly sure.

He instructs me that he pressed you to fix the time, that he might shew where he was at that time. - I said it was Tuesday the 1st of November, says Mr. Webster it is not material about the day, says this unfortunate young man, I wish the gentleman would be precise as to the day; before that I had consulted my wife and the man altogether.

You did state it was uncertain, to which Mr. Webster said it was not material, was it so stated in the presence of the prisoner? - Yes, it was.

I observe in the whole account you gave to my friend, you very constantly and very properly said, the man, you did not name the prisoner; are you able to say now, with certainty, whether he is the man? - I do think he is the man.

Is it a matter about which concurring circumstances, and the opinion of other men have induced you to believe that he is the man? - I am not governed by other men at all.

I am afraid the best men are governed by other men. - If I could have any doubt of it, I should be happy to catch your idea.

Abstracted from every thing you have heard from others, from all you have seen, from all comparisons of hand-writings, are you able, at the distance of a month, to say that is the man; if you have a particle of a doubt, I am sure you will say so? - I really do think he is the man, but I am not infallible, he very much resembles the man, but never having seen him before, and it was four o'clock in the month of November, and it was rather dark.

You speak very much to your honour; then you say that you cannot speak to him positively, from the circumstances of never having seen him before, seeing him in the month of November, and seeing him rather in the dark, do not you think you may fairly suspect your own recollection? - Sir, in general I do not.

Have you any doubt about him, go up to him? - I think it is the same man.

Have you any doubt, Sir? - When I say I think he is the same man, that does not imply much doubt, but to say with certainty that he is the same man, I cannot.

In short, you do not swear with the same positiveness that I do that this is Mr. Silvester, I swear this is Mr. Silvester.

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

Reference Number: t17851214-15

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 14th of December, 1785, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. THOMAS WRIGHT , LORD MAYOR OF THE CITY OF LONDON

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. 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 Michael Druitt .

Court. Abstracted from the possibility of being mistaken, which there certainly is to you in common with all mankind, have you at this time any doubt in your own mind that this is the man? - Certainly not, I certainly think he is the same man.

Court. I will put it to you in a different way, I am sure you will not go any further than the truth; supposing you had never heard any thing about this man from the time he left your shop, and that you had met him a month after in the street, should you have known him to be the same man that offered you the note? - I do not say that I should, I did not take a great deal of notice of the man, I think he is the same man, but to swear positively that he is the same man, I cannot; if I had met the man at a distance of time, I should not have said to a friend, that is the man that offered me the forged draft.

But now from all the circumstances you strongly believe him to be the same man? - I thought when I saw him at Hick's-Hall he resembled the man very much, he seemed to me much the same sort of man.

Mr. Garrow. Do you recollect a Mr. Ripley of Wapping attending the examination? - Yes, so I found.

The draft you gave to Mr. Tate was the same draft you received from the prisoner? - I do not recollect whether I saw it at that time.

Did you mark it? - No, there was no mark upon it, I sent it by my man.

THOMAS HILL sworn.

I am a servant to Mr. Brown, I received the draft from Mr. Brown, and carried it to Messrs. Hankey's house, I carried it there, and gave it to Mr. Tate, the same draft I received from my master; I just saw the man in the shop as I came along, but I cannot say.

Mr. Garrow. Do you know what day that was? - I am sure it was on Tuesday, I believe it was the 3d.

Had you been to Hankey's on other occasions for your master? - Never.

- TATE sworn.

I am clerk to Messrs. Hankey and Co. the names of the present firm are Thomas Hankey , Joseph Chaplin Hankey . Stephen Hall , Robert Hankey , and Richard Hankey .

Was that the firm in October last? - Yes.

Do you know of any draught brought to your house in November last? - I believe it was on Tuesday the 1st of November this draught came to our house for payment.

Who brought it? - A young man who said he was clerk or shopman to Mr. Brown in the Strand, he presented it to a fellow teller of mine, who asked me whose writing it was.

Have you any customers of that name? - Not of G. Holmes, I said it was not any of our customers, and I took it and looked at it, and said I believe it is Mr. Druitt's writing.

Mr. Garrow. Did you ever see him write? - Yes, I believe this to be the prisoner's writing, I spoke to Mr. Hankey and Mr. Hall, and went to Mr. Brown's, but before we could arrive, the gentleman who brought this draught was gone, this is the draught I had from Mr. Brown's clerk, I have had it in my possession ever since, I gave it to Mr. Brown to present it to our Solicitor.

Mr. Brown. I have had it to shew to Mr. Chetham.

Court. Let the draught be read.

Tate. We have three customers of the name of Holmes; Owen Holmes , Edward Holmes , and Sarah Holmes .

Are you acquainted with the hand-writing of Sarah? - Perfectly, Sir, she always writes her name full Sarah.

Mr. Garrow. That looks as much like as S. as a G.

(The draught read and examined by the indictment by Mr. Garrow.)

MATTHEW STENSON sworn.

I live at Kensington, and have done so twenty years, I know most of the inhabitants there, yet I know none of the name of Stenson, but my wife, and she is not an old woman; I know one Jeffery Holmes , at Kensington.

Is there any person of the name of George or Gerrard, or anything of that, that you know of? - Not one that I know of.

If there was any one of that name, should you have known it? - If they were entered as parishoners I should.

Court. Do you know the Stones-end? - I know a private gentleman of fortune of the name of J Holmes, about the center of the Town, but at the Stones-end, going out to Hammersmith, there is none of the name of Holmes.

Mr. Garrow. Kensington, if I do not mistake, is a place that changes its inhabitants pretty much? - Frequently in regard to lodgers, not with respect to parishoners.

It is, we all know, a fashionable village, and the boarders and lodgers change their abode frequently; you do not mean to swear that there is no person of the name of Stenson but your wife? - As an old lady I will.

Will you swear there is no old lady of that name, lodged in Church-row? - Yes, I am very sure I should have been acquainted with it if there had.

Now I give you a small spot, Church-court, will you venture to swear there was not an old lady who lodged there in November last, of the name of Stenson? - Yes, I can.

Why can you venture to do that? - I never knew one of my own name except one, I do not know any person of the name except my wife.

Mr. Silvester to Mr. Tate. You know Mr. J. Holmes? - Yes.

Does he sign his name with a G? - No, with a J. that is not at all like his hand writing; I have seen him write fifteen years ago, and down to four years, since which time he became a private gentleman.

THOMAS COLCROFT sworn.

I live at the Gravel-pits, at Kensington, I know the Stones-end.

Do you know such a man as G. Holmes living at the Stones-end? - No such man.

If there had should you have known him? - Undoubtedly; Mr. Jeffery Holmes , I know extremely well, I have seen him sign his name J. not G.

PRISONER's DEFENCE.

My Lord, I have nothing to say, only with respect to Mr. Ripley, that was called up at the examination before the Justice when this man was called upon, he said, there was a draught for ten pounds, he believed about the time the 1st of November, and this draught was on the same banker; the Magistrate asked him, if he saw the person, he was asked if I was the person, he said, I was not; Mr. Ripley was not brought up, there is a gentleman in Court, that can prove what he said.

Court. Why did not you, Mr. Druitt, subpoena Mr. Ripley? - I thought my trial would be put off till tomorrow.

Have you any witnesses? - No, my Lord.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-16

16. THOMAS BALLARD was indicted for feloniously stealing, on the 14th of November , six pair of silk stockings, value 3 l. a pair of silk shoes, value 5 s. a pair of sattin shoes, value 5 s. a silk skirt, value 10 s. three pair of leather gloves, value 3 s. the property of Hannah Capadoce , spinster , in the dwelling-house of William Nelson .

(The case opened by Mr. Garrow.)

THOMAS DUNN sworn.

I am one of the patrol, I was present at the fire at Mr. Nelson's, I saw the prisoner stand at the door at Mr. Nelson's, with three others, the adjoining house was then on fire, they went up stairs and I followed them to the fore room up two pair of stairs, I am sure the prisoner was one, it was between ten and eleven at night.

Was there a candle? - There was a light from the flames, and I plainly perceived the prisoner, and I saw a sailor, that was in company with the prisoner take a poker and attempt to break open a lock, but they did not, the prisoner reached the poker to the sailor, the prisoner then went into the adjoining room, where there was a bed, and there stood a chest upon chest of drawers, and I saw them both, the prisoner and the sailor, break open the drawers, and I saw the prisoner take several things out, and put several things in his pocket.

Where were the family at this time? - That I do not know.

Did you see any part of the family in that apartment? - I did not, I saw the prisoner put some of the things into his pocket, I could not see what sort of things they were, he took them out of the drawers, soon after I came down there was a great suffocation in the room, I told my partner, and soon after I saw the prisoner hanging out of the two pair of stairs window by his left hand, they are both front rooms, I suppose he might hang five minutes, and waving his right hand as if in distress, which excited the compassion of every one thereabouts, they supposed him to be one of the family.

How did he come down? - He fell from there on the leads of the one pair of stairs over the private door of the house, and was assisted down from those leads which broke his fall, many people offered to assist him as one of the family, then he went in again at the same door that he first went in at, that was the private door, I did not hear him say any thing, he went up again to the same chamber, me and my partner followed him very close, he then came down stairs directly, we came after him close to his heels, we followed him, he went through the crowd into Surry-street, I followed him there and stopped him, I asked him where he was going to, he said he lived at Charing-cross, I said that was quite the contrary way, he was going from Charing-cross; I asked him what he had upon him, having seen him take the things before,

his pockets were pretty well loaded, he said what he had was his own property, I told him I doubted that, he said he was positive it was, I told him he should come down with me if he pleased, and I would take him to the officer of the night, he came very quietly, I delivered him to my partner and the constable of the night.

Have you any sort of doubt that this is the man that you saw go into the apartment? - I have no doubt of it, because he was in my sight, I lost sight of him about five minutes.

Mr. Silvester, Prisoner's Councel. When this man came down you was not near him I believe? - Yes, I was at the door when the prisoner was taken off the leads.

What was said at that time? - Nothing that I heard, there were a great many people about.

Were there not a great many people assisting, and others telling them where to carry the things? - I did not hear any.

Where did the people belonging to the goods carry them? - I do not know.

Was not this man following somebody with goods? - There was not a creature going before him with goods.

Why did not you take him into custody up stairs? - Because I thought it was better to take him as private as possible.

How many people were at the door at that time? - I did not number them.

Were not there a great many? - Yes, there were beyond a doubt, I never saw the prisoner with my eyes before, he went with me immediately, I heard nobody enquire where the goods were carried to; I did not hear whether he was hurt by his fall, some people compassionated him, as he appeared much hurt.

Mr. Garrow. Did he pretend at all that he was carrying any thing away for the benefit of the sufferers? - He did say so at the watch-house, but in the street he said it was his own property, at the watch-house he could not tell the name of any one person in the house.

RICHARD WOOLLET sworn.

This account is true, I did not see the prisoner at the drawers, but I am sure he is the man that went up stairs, and that me and my partner followed, I saw him afterwards hanging out of the window; my partner said we will let him go out of the mob, and then we will follow him, we let him go into Surry-street, my partner asked him where he was going, I was close by him, he said he was going home, he said he lived at Charing-cross, and my partner told him that was not the way to Charing-cross, and he said what have you about you, he said he had nothing but what was his own property, we took him to the officer of the night, I saw him searched at the watch-house, here are several pair of silk stockings and the things in the indictment; they were all found in his pockets, and many of them were found in the inside of his breeches, and then he said he was carrying them away for the benefit of the sufferers, the officer of the night asked him who the family consisted of, and he could not mention any one person that lived in the house.

Mr. Silvester. Did you hear any conversation in the street? - No.

- LEARY sworn.

I am the constable of the night, the prisoner was searched and these things were found upon him, they have been in my possession ever since, I took a silk skirt out of his breeches, there were several pair of silk stockings taken out of his breeches; I asked him who lived in the house, he could not tell their names; he said he was a spectacle-maker, and lived in Johnston's-court, Charing-cross.

SARAH HOLMES sworn.

I am servant to Miss Hannah Capadoce , she had an apartment at Mr. William Nelson 's, No. 170, in the Strand ; this skirt appears to me to be the skirt I made for Miss Capadoce.

Do you know where that was on the evening of the fire in the Strand? - It was

next to the drawer where these things were taken out, in the bed room, in the chest upon chest, I have not seen it very lately; these shoes appear to be the property of my mistress, her name is in the black shoes, I have no doubt of their being her property.

Where were they kept on the night of the fire? - In the top drawer in the same chest, I do not know the stockings, they are not marked, she had some of that sort and some gloves of that sort, her name is not in the gloves, the silk skirt has my own mark on it.

Court to Holmes. What do you take the value of that skirt to be? - Four shillings.

PRISONER's DEFENCE.

I had no intention to take these things, I went up stairs into the two pair of stairs room certainly, I was coming home with my wife from over the water from my sister's to Charing-cross, and I called at a public-house in Devereux-court, which Mr. Davis, a neighbour, kept, that kept a public-house in St. Martin's-lane, just by where I live, I sent my wife home, and told her I would call in to see this Mr. Davis, I went and spoke to him, I had a pint of beer, he told me to go up stairs, and said there was a society above stairs, and if you go up stairs you may sit more comfortably, I went up stairs and had one pint of beer, and all of a sudden he came running into the room and said, there is a great fire just by, accordingly every body almost ran out of the room, and I unfortunately went among the rest.

Court. How far is Davis's from the fire? - Davis's house is almost by St. Clement's church, accordingly I went to the fire, I had drank a little more than usual, I saw several people go into this house, and I went into the two pair of stairs, when I came in I saw that gentleman there, and several more people were in this bed room, the drawers were all laying about the floor, and them things, they went out, and there was a large round hat box laying on the ground, I took hold of it and I filled it full of things, when I had so done I went to lift it on my head, so then these things dropped, and one of my pockets was full of lemons, accordingly I stooped and picked them up, what they were I did not know till I saw them in the watch-house, I had rather a loose waistcoat on, and I put some things into my waistcoat bosom, and they dropped out again, and unfortunately I put them into my breeches, I came to the room door with the hat box on my head, I could see nobody and I called out are you all gone, nobody answered, I went to the room door and the door was shut, I pulled it open, as soon as I did so the smoke at that door dashed into my face, and I thought the whole place was in flames, I directly threw the hatbox off my head and ran to the window, and in my fright I did not take the things from about me, I hung with my hand by the window, at last I dropped on the leads, and from there into the street where the people caught hold of me; they asked me if I was hurt, I told them I thanked God, I did not feel myself much hurt, but I had some property about me, which had broke my fall, meaning the things in my breeches; I asked them where the goods were carried, that belonged to the house, and they said they did not know; I went into the house again, as far as the first pair of stairs, I never went up three stairs, there were a parcel of men standing there, I asked them where the goods were carried belonging to the house, some of them said into the next street; then I came out again, and the people gathered round me again, I told them I had some property about me, they told me the goods were gone into the next street; I went directly to the next street, and there were three girls standing at one door, whether the first second or third, I cannot say; and I went up to them, and said, does the goods come here, my girls, and one of them said no, no, they fell a laughing, and said lower down; then I came from that door, and there was a man to the best of my knowledge

had something on his head; I was following him, and the patrol caught me, and asked me where I was going, says I, I am going to where the goods is carried, then he said I should go with him, for I had some property about me; I said, I have some property upon me, let me go and deliver that first; and he said, what property you took you shall deliver to me, I said, I would; I went along with him directly to the watch-house, I shewed him where the watch-house was, and when we got there, I told them I had some property about me, I went to give them the things and they took them away from me, then they searched me, the gentleman asked me my name, I told him and where I lived; if he had let me gone to the bottom of the street, he would have been convinced where I was going.

Mr. Sheriff Watson. I attended the fire, and the goods in general were carried into Surry-street; I put a party of the guards there, and after clearing away, I desired an officer to send a party more to keep those goods from being plundered.

(The prisoner called five witnesses who gave him a very good character.)

NOT GUILTY .

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

Reference Number: t17851214-17

17. JAMES OAKES was indicted for feloniously stealing, on the 22d day of October last, one linen handkerchief, value 10 d. the property of Charles Wilkins .

CHARLES WILKINS sworn.

On Saturday the 22d of October last, going to my bankers, in Fenchurch-street , I felt the prisoner at my pocket, and I caught my handkerchief in his hand, he threw it down, and with difficulty I got it from under his feet, which was done by tearing a hole in it.

(The handkerchief produced and deposed to.)

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-18

18. JOSEPH HORTON was indicted for feloniously stealing, on the 9th day of November last, one silk handkerchief, value 2 s. the property of a person or persons unknown .

THOMAS FENNER sworn.

On the 9th of November last, I was in Cheapside , at one o'clock; I saw the prisoner take a handkerchief out of a gentleman's pocket near the corner of Queen-street, I immediately took the prisoner with the handkerchief in his pocket; being Lord Mayor's day, and the mob being so great, I could not get up to the gentleman.

Court. What are you? - I am warder of Cheap ward.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-19

19. DANIEL M'WAY was indicted for feloniously stealing, on the 31st day of October last, one piece of serge, value 36 s. the property of Thomas Burtenwood , and John Yeatherd .

Samuel Lewis , John Yeatherd , John Brown and John Clements called upon their recognizance, and not appearing, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-20

20. JOHN GREW was indicted for feloniously stealing, on the 5th day of December , two linen shirts, value 10 s. 6 d. two linen shifts, value 6 s. four handkerchiefs, value 5 s. four cambrick neck handkerchiefs, value 10 s. a night cap, value 6 d. a pair of silk stockings, value 10 s. 6 d. a pair of woman's leather shoes, value 2 s. a gown, value 20 s. a gold enamelled watch case, value 12 l. 12 s. a white waistcoat, value 2 s. 6 d. a white bed-gown, value 2 s. 6 d. a gauze cap, value 1 s. a wooden box, value 1 s. an iron key, value 1 d. the property of Richard Brook Poussett .

Simon Shepherd , the Greenwich coachman saw the prisoner jumping off the wheel of the coach, with the box in his hand; he was taken directly with the property upon him.

Prisoner. A man dropped it, and I picked it up.

The prisoner called three witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-21

21. ELIZABETH ALDRIDGE (wife of Harry Aldridge ) was indicted for feloniously stealing, on the 21st of November last, a pint pewter pot, value 10 d. the property of Henry Asscroft .

HENRY ASSCROFT sworn.

I keep the Crown, in Red-cross-street , on Monday night the 21st of November, I lost a pint pot, and I went to the apartment of the prisoner, between nine and ten in the evening, she had been a customer, I rapped at her door, and told her I wanted to speak to her, I insisted she had taken a pint pot from the tap room, she denied it, the woman was at that time in the room, I told her if she did not give me the pint pot, I would get a warrant, and search the room, upon which I sent for a constable, there was another woman there, and I heard something fall into a pail, and afterwards I saw some metal in a pail of water, I did not see who did it, nor what it was till the constable came.

Did you see what it was they poured into the pail? - I did not, I could not, the prisoner had the frying-pan in her hand, the constable took the metal out of the pail, and has had it ever since; I am sure it was not the prisoner that put it in the pail, the prisoner opened the door to me, I had no suspicion of her.

You did not know there was any pot missing? - Not till I was told.

Was she at your house that day? - Frequently.

Had she a pot at home that day? - I cannot say, she might.

Mr. Garrow, Prisoner's Counsel. My Lord, it was only two drunken women taking a little gin out of the pot.

Court. The Jury must be satisfied whether it was taken in a felonious way, or only taken with some liquor.

Mr. Garrow. Do not you think this pot was melted by warming a drop of comfort? - It is possible, we have frequently been served so.

Court. Have you ever seen a pot at your own house melted? - I have.

Jury. I have seen them run by heat down the middle, but never saw one melted in this way.

THOMAS EDWARDS sworn.

I am a brewer's servant, I saw the prisoner take the pot out of the tap-room, on Monday the 21st of November.

What was it? - A pewter pint pot from off one of the tables, there was nobody in the room, but me, the prisoner, and the prosecutor's daughter, who was going to serve her with some liquor.

Did she see you? - She did.

What did you think she was going to do with the pot? - She put it under her apron and had some liquor and went away.

Mr. Garrow. What liquor had she? - I do not know.

Did she drink it, or was it put in a bottle? - I see it put in a bottle, and she took it home.

Did the young woman give her leave to take the pot home? - Not in my hearing.

JOHN EDWARDS sworn.

I am constable, the prosecutor came to my house, I went with him to the prisoner's door, and knocked at the door, she would not open the door, I forced open the door, the prosecutor charged the prisoner with stealing the pots, and I found the metal very hot, in a pail of water just by the fire.

What did you see? - I saw the metal that is now here, except what stuck to the frying pan, some is on it now. (The metal produced as picked out of the pail, being part of two pint pots.) The two women interceded for mercy.

The prisoner called eight witnesses who had known her several years, all of whom gave her a very good character, and said she was not a woman likely to steal pots to melt, but that she was given to drinking.

Court to Edwards. Did the prisoner appear to be in liquor when she came into the house? - I did not take notice, she might or might not.

Prosecutor. She was generally intoxicated, I wish lenity to be shewn her, they begged mercy from me when the constable came to the door.

GUILTY .

Imprisoned one month in Newgate .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17851214-22

22. JUDITH PHILIPS was indicted for feloniously stealing on the 15th of November last, four guineas, value 4 l. 4 s. one half guinea, value 10 s. 6 d. one Spanish dollar, value 4 s. two gold rings, value 10 s. two ounces of stone brimstone, value 1 d. two small linen bags, value a halfpenny, and one pocket-book, value 6 d. the property of Thomas Woolsey .

( DAVID LEVY sworn an Interpreter.)

THOMAS WOOLSLEY sworn.

I was going to the King's-Arms, Leadenhall-street , about eight or half after eight in the evening, on the 15th of November; I stopped to hear some people quarrelling, the prisoner laid hold of me and jostled me against the wall, the corner of a passage; I had a stick in my hand, I was almost incapable of taking care of myself, she fumbled about me, and used me roughly; I missed my purse.

Was it by your consent she shoved you about? - No, I shoved her away from me.

Where was your purse? - In my right-hand breeches pocket; as soon as she left me I put my hand to my pocket, and missed my purse; she went from me about five yards, and I called out she had robbed me; I laid hold of her arm, and took her to the public-house; I said I was robbed, and sent for a constable; who took her to the watch-house and stripped her naked, and searched her, and found the two bags of brimstone under her arm.

Was any thing else found? - No.

Was you in the croud? - I was not.

WILLIAM COOK sworn.

I am constable, I was sent for to search the woman, Mr. Perrot said, let me search her; she stripped, and I found the two bags of brimstone under her arm.

- PERROT sworn.

Under her arm I found the two bags of brimstone, I then sent for a woman to search her further; the prosecutor was in liquor.

PRISONER's DEFENCE.

I was going of an errand, and a little girl dropped the two bags, and I picked them up and put them under my arm.

Court to Woolsey. Did you lose a pocketbook? - I did out of my coat pocket.

GUILTY .

Sentence respited till next Sessions .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-23

23. RICHARD COX was indicted for feloniously stealing, on the 11th of December , one hundred and fifty pound weight of lead, value 20 s. the property of Daniel Leicester .

JOHN PRATER sworn.

I only know the lead to belong to the prosecutor, that was taken off the cistern.

JOHN KERNES sworn.

I was walking round the buildings belonging to Mr. Leicester, in Bridge-street, Black-friars ; I heard something fall very heavy, it was about seven o'clock in the evening, I saw the prisoner folding up the lead, I asked him what he was going to do with it; he said he would be glad I would help him to put it somewhere, where it would be safe, I said I would take care of him, and he should be safe; I went to fetch somebody from the public-house to take care of the lead, the water-man to the coaches, with two of the patrol came to my assistance and took him.

- CLEMENTS sworn.

I am one of the patrol, we were two of us together, facing the New-buildings, opposite Bride's-lane, and John Kernes said he wanted a constable, and I took the man.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-24

24. JOHN WILLIAMS was indicted for stealing, on the 9th day of November last, seven linen sheets, value 20 s. two linen pillow cases, value 5 s. and one check apron, value 1 s. the property of William Ashton .

ELEANOR ASHTON sworn.

I am wife to William Ashton , I live in Princes-street, Westminster ; on the 9th of last month, about half past three in the afternoon, I went across the way, and returned home immediately, and found the prisoner in a little room adjoining my shop in a great bustle, he said he wanted change for sixpence; I missed the sheets from a large table, where they lay when I went out, and at the side of him on a little round table, I found a bundle wrapped up in a coloured apron, which he had taken off a chair; I rather undid the bundle, and saw my sheets; I laid hold of the prisoner, and called for assistance; he said he had taken nothing.

THOMAS WHITE sworn.

I was called by the last witness, and found the prisoner in the room.

Mrs. ASHTON sworn.

These are the things that were delivered to me, I gave them to my husband.

( William Ashton produced the things, which were deposed to.)

PRISONER's DEFENCE.

I went to Westminster on Lord Mayor's day with another young man, and we went to a public-house to have something to drink, and he said, let us have something to eat; I went across the way to this gentlewoman's shop, there was nobody there, I went into the parlour and knocked with my foot, and called out; at last I turned myself round, she came across the way, and asked me what I wanted; I said an halfpenny worth of onions, she looked round, and said you are a thief, what have you got in your pockets; I never touched the things.

- JONES sworn.

When I was taking him before the face of Justice, he turned round to another man, and said, you get off, for when you see me bound, it is time for you to get away.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-25

25. THOMAS WILKIE was indicted for feloniously stealing, on the 15th day of October last, one leather pocket-book, value 3 s. 6 d. four other leather pocket-books, value 3 s. one New Testament, value 1 s. 6 d. one Spelling Dictionary, value 2 s. one Compleat Letter-writer, value 1 s. 6 d. one Hervey's Meditations, value 2 s. one Tragedy of Zara, value 1 s. 6 d. the property of Henry Fourdrinier , William Bloxham , and Joseph Walker .

HENRY FOURDRINIER , Sen. sworn.

I am a stationer in Lombard-street .

Who are your partners? - William Bloxham , and Joseph Walker ; and were so on the 16th of October last.

Did your porter Wilkie live with you at that time? - Yes.

Did he abscond? - He did on the 17th about eleven o'clock, and he returned no more; I first of all went to a public-house and saw him, I think in company with one How; I said to him, you are in company with that gentleman; he said no; then I went to his house in May's-pond, in the Borough; Robert Marsh , my foreman knew his house.

Mr. Garrow, Prisoner's Counsel. How long has the prisoner lived with you? - Many years.

You supposed him to be an honest man? - I did.

JAMES IVES sworn.

You went to search this man's lodgings with Ward? - Yes.

What did you find there? - These pocket-books.

Where did you find them? - In the bed-room, these three pocket-books were found tied up in his wife's stays, some in a coat pocket, and some in a cupboard.

ROBERT MARSH sworn.

I am servant to Bloxham and Co. I know the prisoner, he lived at No. 7, I believe in May's-pond, Southwark; I had been at his house that day that he absconded, the 17th day of October.

Mr. Garrow. Was you ever in company with the prisoner? - Yes, Sir, I have many a time, and I have been there when he was ill, I always understood him to be a married man; I have seen the person that passed for his wife.

Mr. Garrow to Henry Fourdrinier . You have paid somebody some money, by whose direction was it? - The prisoner directed me to pay it for him, for rent.

To Mr. Fourdrinier, Jun. Do you know of your own knowledge what house those people searched? - I had been there several times, I was there with Ives.

Then was the house that you was at with Fourdrinier the Elder, the house that you searched? - Yes, (The books deposed to.) When hew as before the Magistrate, I took this book.

Mr. Garrow. Was his examination taken down? - I believe it was, I am not positive.

Marsh. I took this book in my hand, and said, Wilkie, you cannot deny that you took this book from our house, meaning the house of Fourdrinier and Co. he replied, that he could not; I was present when he was apprehended, they denied his being there, and he was found in the cock-loft; he afterwards told me, that hearing my voice, he got up into a cock-loft; I swear to this book by a private mark, and I have no doubt of the other.

Ives. I took the prisoner at Buckingham gate, in a cock-loft.

PRISONER's DEFENCE.

In 1776 I took a house in Tooley-street, and made it into a shop, to sell butter, cheese, and bacon; then I went into another way, and sold paper, pens, and ink, and other things; I have people here in Court to testify the same, having no family I went to live with Mr. Fourdrinier, I kept the shop a year.

Mr. Silvester to Prosecutor. Have you since that time altered your shop mark? - Yes.

Is that the altered mark? - Yes, when we part with servants who know our marks, I think it very right to alter them.

Prisoner. Some of these things are what remained of that stock, but separate books, one or so, I may have bought since elsewhere.

Court to Prisoner. Can you give any explanation of what you said to young Mr. Fourdrinier, that you could not deny but you took the book from their house? - I do not recollect it.

The prisoner called nine witnesses who gave him an exceeding good character.

GUILTY.

He was recommended to mercy by the Jury .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-26

26. ANN HOW , wife to Joseph How , was indicted for feloniously stealing, on the 15th day of October last, twenty-two packs of playing cards, value 7 l. the property of Henry Fourdrinierand Co .

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

Tried by the London Jury before Mr. Justice WILLES.

Reference Number: t17851214-27

27. SAMUEL SANDYS and MICHAEL BRADBURY were indicted for feloniously stealing on the 21st day of November last, one linen handkerchief, value 1 s. the property of Richard Cole .

Gabriel Johnson saw one of the prisoners pick the prosecutor's pocket, and give the handkerchief to the other.

(The handkerchief deposed to.)

Prisoners. We have nothing to say.

BOTH GUILTY .

Each transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-28

28. JOHN RICE was indicted for feloniously stealing on the 28th day of November last, one linen handkerchief, value 2 s. the property of Louis Jacques , privily from his person .

LOUIS JACQUES sworn.

The 28th of November, I was standing in the Court of King's Bench , I was inside the Court, it was very crouded and full, I came out again; a gentleman came out, who was clerk to another attorney, he said he had lost his handkerchief, I felt in my pocket, and I said I had lost my handkerchief. About five minutes after the prisoner was brought out of the Court by the prosecutor on the next indictment, I put my hand in his pocket, and pulled out several handkerchiefs, and among the rest, my own handkerchief.

Have you seen him since you was in Court? - I saw him close to me in Court, but I did not take the least notice of him; he was brought into Court, and I was bound over to prosecute him, the handkerchief I have here is my handkerchief, I bought it at a sale, it is marked with an E.

What is the value of that handkerchief? - They have laid the value at 2 s. but I do not think it worth so much.

How much value do you put upon it? - I do not think it worth above 8 d. or 9 d. the prisoner's wife called at my house with two children, and told me her husband had a good character, I took the trouble, and went to enquire at different places in the neighbourhood, and he had a very good character.

JOHN ARMSTRONG sworn.

I saw the prisoner in Westminster Hall, and in a minute my handkerchief was picked out of my pocket, I came out of Court, went in again, and I saw him picking another gentleman's pocket; seeing him do that, I took him by the collar, and hauled him out from under the green curtains; and I said, if you picked that gentleman's pocket, you picked mine;

I wanted to go away and get my handkerchief, which was in his pocket, with three or four more, and I was hauled into Court to prosecute this man.

PRISONER's DEFENCE.

My Lord, I had been at work all day, and carried home a pair of shoes, and I went into the Hall, and there was a croud, and I went to see what was the matter, and the handkerchiefs were all strewed about the Hall, and I picked up some.

GUILTY, 10 d.

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

Reference Number: t17851214-29

29. The said JOHN RICE was again indicted for feloniously stealing on the 28th day of November last, one linen handkerchief, value 14 d. the property of John Armstrong , privily from his person .

JOHN ARMSTRONG sworn.

I saw him pick another person's pocket, and I seized him, says I, you thief, give me my handkerchief, you have picked my pocket; I put my hand into his pocket and found my own handkerchief and three or four more; I know my handkerchief by a hole in the corner, it is the value of 14 d. or more.

GUILTY, 10 d.

To be transported for seven years .

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

Reference Number: t17851214-30

30. JOHN CROPPER and JOHN BARFORD were indicted for feloniously stealing on the 1st day of November last, one hair trunk, value 12 d. four silk gowns, value 40 s. one silk apron, value 2 s. six linen ruffled shirts, value 30 s. one plain linen ditto, value 3 s. six stocks, value 6 s. a silk cloak trimmed with fur, value 5 s. two linen gowns, value 20 s. one petticoat, value 4 s. six children's night-gowns, value 5 s. a yard of printed cotton, value 12 d. two linen table-cloths, value 10 s. one child's linen clout, value 12 d. one silk petticoat, value 5 s. a counterpane, value 10 s. six pillow-cases, value 12 d. a pair of stays, value 4 s. one box iron, value 12 d. a pair of steel snuffers, value 12 d. a snuffer-stand, value 6 d. a blanket, value 6 d. six yards of silk ribbon, value 12 d. one gauze cap, value 1 d. the property of William Spencer .

WILLIAM SPENCER sworn.

I am one of the proprietors of the Gosport waggon ; I know nothing of the matter.

GEORGE HOLDAWAY sworn.

I was driving the Gosport waggon to London, Mr. Spencer is one of the proprietors; I stopped to put down four pockets of hops at Brentford, and a man overtook me, and fell into discourse with me, what countryman I was, and I told him; the man was on foot, he said it was very bad wet weather, and at Turnham Green he would treat me with two pints of beer, and we came to Hammersmith, and between Hammersmith and London the waggon was robbed; I do not know how I was robbed, I missed two large boxes and a hat box, and more articles, I cannot tell what the rest was; the man that joined me came about a mile and half, he left me on this side of Turnham Green, I could not tell the direction of the boxes; I put up at the New Inn in the Old Bailey; there were two boxes and a hat box, I saw the boxes the next day, I did not see them put in the waggon, I saw them in the waggon, but I missed two of them; the two boxes I missed were put in the fore part of the waggon, I saw them there, and the hat box in the fore part of the waggon.

Did the man that joined company with you go into the waggon at all? - Not that I saw, I saw the boxes the next day at Bow-street.

Do you know the man that joined company with you? - No, I do not.

JOHN WHITE sworn.

I live at the Coach and Horses this side Turnham-Green, Cropper was the man that treated the waggoner at my master's house, I am sure he was the man, I took notice of him, they staid about a quarter of an hour, they went off together, nobody else was with them.

JOHN GARFIELD sworn.

I live at the coach and horses, I am hostler, the prisoner Cropper came over and called for a pint of hot, and the waggoner brought it across the road, I said waggoner where is your hay, he said in the waggon, I said I do not chuse to get into any body's waggon, they walked together about one hundred yards, then I saw the prisoner Cropper leave the waggoner and leap into the fore part of the waggon.

Could not the waggoner see him? - I do not know that.

How far was you off? - About one hundred yards.

The waggoner and he were together? - Yes.

What became of the waggoner? - As soon as ever he got into the waggon, the waggoner crossed the tail of the waggon and went on the right side of the horses.

Was it possible that the waggoner could not see that? - I should think he must have seen it.

Was the waggoner drunk or sober? - As he was a little elevated in liquor I bid him take care of himself and the waggon.

Prisoner Cropper. At Bow-street this man said upon his oath, he could not swear whether I was the man or not, and the Justice said if he did not swear to me he would commit him too, and he said then that is the man to the best of my knowledge.

Court to Garfield. Are you sure now he is the man? - Yes, I am clear he is the man.

PETER THOMAS sworn.

I am one of Sir Sampson's patrol, near Kensington turnpike, I have these things which I produce; on Tuesday the 1st of November, between six and seven, we met three men about five or six lamp posts on this side of Kensington turnpike, the two first men passed us, I wished them a good night, and I passed Cropper, who had this box on his head, I turned round and caught him by the collar and said what have you there, he said a box, I said, where did you bring it from? he said, from the other end of Hammersmith, and said the two men that were before him had hired him to carry it, the other two men ran off as fast as possible; I detained Cropper, I kept him some time, I searched him and found these two child's clouts in his coat pocket, one in each pocket, this cap and blanket were in his breeches, and a woman's cap and some pieces of ribbon, some in his breeches and some in his pocket, and a knife; in the course of this time one of my brother patrol's brought the other prisoner Barford, I asked Cropper if he knew him, he said he never saw him before; I said, did not you tell me the two men that were before you hired you to carry it: then he said it was the other man with the cockade in his hat that hired him to carry it, which man is not apprehended; I took him to the three tons at Kensington, and put him into a back room, and while I was in the room the prisoner Barford says to Cropper, stick to that and that will do, I then tied him, the things I took from him I delivered to Mr. Maynard.

SAMUEL MAYNARD sworn.

I was along with Thomas, I followed the prisoner Barford into a garden two or three hundred yards off; when Cropper was taken with the box, the two men that were before said to one another, run on you b - r, we are done; they jumped over a wide ditch into a field, and ran some distance and parted, and the little one stooped under a gooseberry-bush, I asked

him what made him run away, but he would not give me any answer; I have had the things in my possession ever since, they are the same things.

JOHN JEFFRIES sworn.

All that I know is, that this is the identical trunk that was loaded in the waggon at Gosport.

Was there any direction upon it? - Yes, it was directed for Colonel Cheval, there is no direction upon it now, it is torn off; I took particular notice, there were other articles for the Colonel besides these, I know it by the cording, when I first saw it in Bow-street one corner of the card was on, there was enough for me to read, ( looks at it) there is not enough of it on now to be legible, but when it was at Bow-street there were several bits on then, I am quite sure it is the same box; there were two deal boxes, this hair trunk, one little box covered with a mat, and a clock in a case, and two lead weights, all directed to the Colonel, and a three-cornered wainscot hat-box, directed to the Colonel, that is not found.

Maynard. The other man that got away had a gentleman's hat with a cockade in it; Barford, when I apprehended him, had two hats on.

Can any body prove the property any further? - No, the lady that the property belonged to came to the office and saw the b ox opened.

Court to Jeffries. You do not know of course what the trunk contained at Gosport? - I do not, but I am certain sure that is the trunk.

PRISONER CROPPER's DEFENCE.

I was coming up to town to see for work, and just by Hammersmith I saw these petticoats and that little thing laying, I put them into my pockets and into my breeches; a little further there was a man, and he employed me to carry that box, and promised to give me two shillings and some beer, he said take up the box and follow me, I did so, and through the town I went, and this man came up to me, and being a wet night, they bid me a good night, and he went to the man that was before me, and we met the patrols, they gave the man the time of the night, and they came up to me, says they what is here, says I, I cannot tell, it is that gentleman's in the cocked hat, before me, that gentleman he ran away, and I ran after him; I took up the box again and carried it again, I was very glad of the money, I had but one shilling and one halfpenny when they searched me, I came from Cheshire about three months since.

PRISONER BARFORD's DEFENCE.

I live at Stains, I had left my place and was coming up to town, and this gentleman, just as I was coming past, stopped me with the trunk, and I did not know who they were, and I ran to save my money.

BOTH GUILTY, 39 s.

Each transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-31

31. ROBERT HANSON was indicted for feloniously stealing, on the 3d day of December last, twenty-seven dead fowls, value 15 s. two dead geese, value 4 s. two dead ducks, value 18 d. and one pound weight of sausages, value 2 d. the property of William Haslar .

WILLIAM HASLAR sworn.

I live in Oxford Market , I am a poulterer ; I lost the things mentioned in the indictment, on the 4th of December, and on the 8th of December I saw the prisoner at the watch-house with six dead fowls, which he said he bought at a shilling apiece, I found nothing else.

THOMAS BALL sworn.

I am a higler, I come from Hanwell-heath,

I sold the prosecutor twelve fowls, the 1st of this month, they were picked and fit for sale; and they were the very fowls that I sold Mr. Haslar, I am sure of it, I killed them and picked them myself, and I can swear to my fowls in ever a poulterer's shop in London; I do not pick them like other people, I have a different way of picking them, there are different ways of setting a fowl, I know my fowls, and I know the fowls of another man that lives by me.

Court to Prosecutor. Can every higler swear to his own fowls? - The countries differ, and this man sets his fowls fuller than most.

Do you know this man's fowls that you bought of him? - They had been thrown in the dirt, and very much disfigured, or else I could have sworn to them.

Court to Ball. Were they clean when you saw them? - No.

- ACTON sworn.

I am the prosecutor's journeyman, when I came to the shop, the 4th of this month, about eight in the morning, I found the staple broke off, and the padlock gone, and twenty-seven large fowls, two large geese, and two large ducks missing; I saw the dead fowls with the prisoner, I cannot swear to them, but I am sure they are my master's.

Court. Then why cannot you swear to them? - Because I would not wish to swear to them.

Prosecutor. This man is only a porter, he is not a poulterer.

THOMAS YOUNG sworn.

I and Philip Welch took the prisoner, the 4th of December, in Holborn, with six fowls; he said, he had some things of his own, and I might go home with him if I liked; he would not let me see them, nor have them at first; after that, he says, d - n your eyes! take them; the fowls lay in the mud a few minutes, they were in a handkerchief not tied; going along I asked him where he got them, and he said, he knew better than to tell me, I gave information at every public-house, and the prosecutor heard of it.

PHILIP WELCH sworn,

Confirmed the above account.

Court to Ball. Were the heads on the fowls? - Yes.

Is it by the heads you swear to them? - No, I cannot form any idea to you, but by what I have in my own breast.

Jury to Ball. Did you sell any other person in the same trade, fowls of the same sort, as those you sold to the prosecutor that day? - No.

PRISONER's DEFENCE.

I bought six fowls for six shillings, I told the men so that took me.

GUILTY .

Transported for seven years .

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

Reference Number: t17851214-32

32. GEORGE RAWLINSON was indicted for feloniously assaulting John Bishop on the King's highway, on the 9th day of December , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one gold laced hat, value 18 d. the property of Charles Dawes .

JOHN BISHOP sworn.

I am 13, I know the nature of an oath, if I take a false oath, I am in danger of hell fire, and to be punished by the law of my country. I was going into Jermyn-street last Friday week, I cannot justly say the time, it was some time about 7 in the evening: I was going along Queen-street , and I saw the prisoner; I thought he was gone on before, but he crossed the way and came behind me, and snatched the hat off my head, and almost pulled me

down; he said nothing to me, nor offered any other violence: he ran away, and I cried stop thief, and he was taken; I am sure the person that the gentleman took was the same that snatched my hat, I did not know him before.

JOHN FISHER sworn.

I took the prisoner, who was running very hard; on the cry of stop thief, he dropped the hat, and I took it up; I shewed the boy the hat, and he owned it.

(The hat deposed to.)

Bishop. I live with Mr. Charles Dawes , Apothecary , in Newman-Street.

The prisoner called two witnesses to his character.

GUILTY Of stealing, but not of the robbery .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-33

33. JAMES SMITH was indicted for burglariously breaking and entering the dwelling house of Ann Arnold , about the hour of eight in the night, on the 1st day of November last, and burglariously stealing therein, one cotton gown, value 10 s. one petticoat, value 10 s. the property of Robert Wright .

ELIZABETH WRIGHT sworn.

I gave a cotton gown and petticoat to Mrs. Clarke to wash.

ELIZABETH CLARKE sworn.

I take in washing, I had a gown and petticoat from Mrs. Wright to wash on the 24th of October; I live at No. 101, Fetter-lane , the house of Ann Arnold ; I sent the gown and petticoat to be mangled, to Mrs. King, No. 6, Magpye-alley, and when it was brought to my apartment I was out at work, and I never saw it after till I saw it at the Rotation Office.

ANN ARNOLD sworn.

A bundle was brought from the manglers by Mrs. Clarke's daughter, into my shop, the 1st of November; I told her when she came into the shop, to carry it into a little room adjoining my shop, which she did, and she put it on the drawers underneath the window, and when I came to look for it in the space of ten minutes, the window was up, and the gown and petticoat gone.

Had the window been shut before? - Yes, I am sure of that, quite close down, but not fastened.

Where did the window look into? - Into the Raven passage, it was the ground floor.

When had you seen the window before? - About a quarter of an hour before, I am sure it was then shut, it is a lifting up sash.

Did you see Mrs. Clarke's daughter put the gown there? - I was very busy, I did not see where she put it.

ELIZABETH KING sworn.

I gave this child a gown and coat to take home, a striped cotton one.

JOHN GIBBONS sworn.

On the 1st of November, between eight and nine at night, I was standing at the end of the passage, and I saw the prisoner and another stand opposite to Mrs. Arnold's shop for the space of ten minutes, then they went through the Raven passage, and the prisoner went in at the other side there, and looked at me.

GEORGE MEECHAM sworn.

On the 1st of November, about nine, I was going down Holborn with one John Webster , and just beyond Southampton buildings I met the prisoner with one William Kendrick , and one of them said, there goes Meecham, I turned round, knowing them, and they both ran away, and I observed the prisoner with a bundle under his arm in this old handkerchief, I pursued him beyond the grotto, and I saw him throw the bundle over into an area of one Mr. Knight's; I left Webster there, and pursued after him about ten yards, and he

fell down, and I took him, I knew him before; Kendrick ran across Holborn; then I brought him to the door of Mr. Knight's, and I knocked at the door, and the bundle was given to me by a woman out of the area, the same bundle that I saw him throw over; I immediately took him to the Justice, and he said he found the gown and petticoat the bottom of Holborn Hill: the property was advertised from the office, and was claimed by Mrs. Wright.

Prisoner. Ask Mr. Meecham if he had not a warrant against me for an assault at that time? - Yes, I had.

JOHN WEBSTER sworn.

I was in company with Meecham between eight and nine, and I met the prisoner and another, I saw him have a bundle under his arm, I saw him throw it down an area, I saw it handed up, that was from the same area.

Meecham. Mrs. Wright described the property as soon as ever she saw it at the Justices.

(Deposed to by Mrs. Wright.)

PRISONER's DEFENCE.

I found the bundle in a court, I stopped to buy a halfpenny worth of apples, and I saw Meecham, and I knew he had a warrant against me, and I ran away; the man he says was Kendrick, was a man that lodges with me; seeing Meecham follow me, I carelessly threw the bundle away; I have been fifteen years at sea, nine years in the West Indies, and all my friends are dead.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-34

34. JOHN OLDFIELD was indicted for feloniously stealing, on the 4th of December , two hundred pounds weight of lead, value 50 s. the property of William Lloyd .

And HUGH COOPER was indicted for feloniously receiving part and parcel of the said lead, knowing it to be stolen .

WILLIAM LLOYD sworn.

On Sunday se'night about half past eight I came home from a chapel that I always go to, and news was brought me that some of my lead was stolen; accordingly I went to the Cross-keys, in Bulstrode-mews , for there is a coach-maker's shop belonging to me, which I was going to cover with lead, and I found a piece of lead in the public-house.

Was there anything by which you could know that lead? - Very well, because there had been three pieces of lead in the shop, which weighed two hundred and a half; the coach-maker's man is here, that locked the door.

JOSEPH ENGLISH sworn.

On Saturday in the afternoon, Oldfield came to the shop, and abused his father very much, who was at work there, in slating; I reprimanded him for so doing, and he came into the loft, and staid sometime, he then went up another ladder to another different part of the loft, and took a survey of the roofs all round, he staid up about a quarter of an hour, and came down, and I saw him no more then.

Where was the lead laying? - In the loft, right by where I worked; after taking a survey of the premises, and going up to the roof a second time, he came down and went off; he did not take anything away with him then, I am positive; I shut up shop after that, the door was locked by the apprentice; and on the Monday morning, we watched for him, at a muffin maker's, in Barret's-court, his name was Wilmot; when we got a search warrant, we went up stairs, and found the prisoner Oldfield there, and the lead over in a loft; there was a woman the wife of the prisoner,

Hugh Cooper rents the room, here is a piece of the lead.

Do you know whose lead that is? - I cannot say, it was cut to pieces.

Lloyd. I am confident it was my piece of lead, there have been four pieces originally, each of these pieces was fourteen inches wide, and sixteen feet and a half long, all the four pieces were cut out of one sheet, and all alike, one was put in this place, the other three were taken away.

DANIEL NEWSON sworn.

I am constable of the parish, and I apprehended Oldfield in Cooper's apartments, and we found the lead hid over a sort of a cockloft; we took it down, and took the prisoner to the Rotation-office; Cooper was out, and he came in before I went away with Oldfield; I took Oldfield, I had no warrant against Cooper, but he went to clear himself, and was committed from the Rotation-office; he and his wife both went, and they proved their marriage, otherwise they would both have been committed.

What did Cooper say about it? - He said he knew nothing at all about it, I know nothing to the contrary.

THOMAS HODGSON sworn.

I was going down to the stable about half after seven, and I met Oldfield, I asked him what he had, says I, have not you lead there? no, says he, let me go; says I you shall not go this time, I caught hold of him, and he flung down the lead and ran away; this is part of the lead, it was weighed the next morning, and it weighed about five score and five pounds.

Lloyd. There were four pieces in all, three were round, two at Hugh Cooper 's apartment, and one piece this last witness detected him with; these two pieces that were found at Cooper's were cut into twelve pieces, I put them twelve pieces together, and they all matched.

What length did they make amongst them? - They made just two pieces of sixteen feet six inches and a half over, they had not the half-inch originally; the piece that was dropped by the stables was not tried by me or by any witness here.

Court to English. The piece of lead that you produced was one of the twelve pieces? - It was.

Court to Lloyd. From this circumstance you believe the lead to be your's? - I have not a doubt about it.

PRISONER OLDFIELD'S DEFENCE.

I went on Sunday evening into the Mews, by the Cross-Keys, I found this lead and I picked it up on a dunghill, I took one of the pieces and brought it on my shoulder to Hugh Cooper 's house, and I came back for the other piece, and I met this gentleman, and he said he would have it, I told him I found it, he went to take it off and it tumbled down.

Court. Do you know of any connection between the two prisoners? - No.

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

JOHN OLDFIELD , GUILTY .

To be transported for seven years .

HUGH COOPER , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-35

35. ROBERT PARRY was indict for that he, on the 13th day of December , thirty pieces of false and counterfeited money, made and counterfeited to the likeness and similitude of the good, legal, and current copper money of this realm called an halfpenny, not being melted down and cut in pieces, unlawfully did sell, pay, and put off to one James Jolly , at a lower rate than they were denominated for, to wit, for the sum of one shilling , against the statute.

Another count for selling the same at the same rate.

(The case opened by Mr. Silvester.)

JOSHUA PARISH sworn.

I keep the Swan in Rosemary-lane , I was not at home when the prisoner came in first, he had a pint of beer after I came in, he gave me two-pence, soon after he had another pint, I observed the halfpence were all bad and of one make, I thought it had a bad look with it, and one of the persons present, says, have you any more about you, will you sell me a shilling's worth? yes, says he; how many will you sell for a shilling? says he, I sell fifteen pence for a shilling; he was telling out the halfpence and we took him and searched him, and found eight shillings worth more about him; the prisoner wanted to take up the shilling, and I would not let him; Mr. Jolly said, am not I justified in taking this man before a magistrate? yes, says I, certainly, and we did so; the halfpence are two different makes.

- JOLLY sworn.

I was at Mr. Parish's about six, and the prisoner was there, and I felt something hit against me, says I sell me a shilling's worth so he tendered the money, I laid down the shilling, he wanted to take it up, Mr. Parish would not let him.

JOHN NICHOLLS sworn.

I am one of the moniers of the Mint, these halfpence were not made at the Tower lawfully.

Are they Government halfpence? - They are not.

PRISONER's DEFENCE.

I had been paying four and sixpence, and these halfpence were picked out of them, Parish asked me to give him a shilling's worth of halfpence in change, I laid them down and asked for a shilling, and they said we will not give you the shilling without you give us another three-pence, so rather than go without my shilling I put down three-pence more; Mr. Parish gave me the shilling, Jolly had no hand in it at all, I deal in cloaths , but in no dishonest way.

The prisoner called one witness to his character.

GUILTY .

To be whipped and imprisoned twelve months in Newgate .

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

Reference Number: t17851214-36

36. WILLIAM SHAFTO and SOLEY WRIGHT were indicted for feloniously stealing, on the 10th day of November last, one hundred and fourteen pounds weight of logwood, value 8 s. the property of James Potts .

A second count, laying it to be the property of persons unknown.

And THOMAS CLARKE was indicted for feloniously receiving the same knowing it to be stolen .

There being no evidence to affect the prisoners, they were ALL THREE ACQUITTED .

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

Reference Number: t17851214-37

37. WILLIAM SNOWDEN , was indicted for feloniously assaulting Thomas Hindes , on the King's highway, on the 22d day of October last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 40 s. a steel chain, value 2 d. a brass watch-key, value 2 d. a stone seal set in gold, value 5 s. his property.

THOMAS HINDES sworn.

This boy ran against me with violence, as far as his strength could, he rather overpowered me with his head and shoulders, and my watch was gone in an instant, so he made a retreat rather, and I pursued him and seized him about three yards off.

Did he take your watch or any body else? - That very boy.

You saw him take your watch? - Yes, he dropt the watch, a gentleman present saw him drop it, and he put it into his pocket, it was between eleven and twelve o'clock, in Rosemary-Lane .

JOHN COURT sworn.

I saw this transaction, and he had not gone far before I got hold of him, I saw the chain in his hand, with the watch hanging out.

Was the street crouded? - No, I was alongside of Mr. Hindes walking with him, and the boy was taking into custody.

(The watch produced and deposed to.)

PRISONER's DEFENCE.

I saw a great mob, I ran up to it, and I saw two boys; one ran one way, and one ran another, and this gentleman laid hold of me directly, and said I was the lad; I know no more of it than the child unborn.

Prosecutor. There was no boy nearer than him, I am sure that is the boy; I believe he robbed me once before.

Court. How old is the boy? - Fifteen.

GUILTY. Of stealing, but not of the robbery .

Transported for seven years .

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

Reference Number: t17851214-38

38. JOHN WELDON was indicted for feloniously breaking and entering the dwelling house of Joseph Young , about the hour of four in the afternoon, on the 15th day of November last, no person being therein, and feloniously stealing therein, one linen shirt, value 2 s. a linen gown,

value 11 s. two aprons, value 2 s. a cloth cloak, value 2 s. four caps, value 1 s. a handkerchief, value 9 d. a silk hat, value 3 s. a man's hat, value 2 s. eight sheets, value 24 s. two pillow-cases, value 1 s. fourteen clouts, value 2 s. one shift, value 3 s. three caps, value 6 d. one shirt, value 6 d. one bedgown, value 6 d. one blanket, value 1 s. one linen petticoat, value 6 d. one trunk, value 3 d. his property .

JOSEPH YOUNG sworn.

I live on Saffron-hill , I am a carpet weaver ; my house was broke open on the 15th of November last, it is my dwelling-house; I left it about four o'clock, I returned about twenty minutes after four, upon hearing the cry of stop thief in my yard; I work just by it; when I left my house, my door was double locked; I am sure the windows were shut down, and pegged down in every part of the house; I have but one window, in what I call the front; I can say with certainty, when I left the house, that every part was fast and firm; I always examine the windows, because I have been robbed before; when I came back to the house, the door was fast as it was when I left it, and my window was bursted out; I did not perceive that from without, I did not go round.

Which window was this that you found bursted out? - That in the yard, the back of the house was bursted open, and the pegs were broke off; they were pegged down with wooden pegs, I am sure I left the windows firm and fast; I lost the things mentioned in the indictment, I saw them at the Justices's half an hour after; I did not know what I had lost before, some were taken out in my presence; the trunk was mine, there was no mark on it; I have no servant, I had such a trunk as that stood under the window, that was burst open; there was a door between the two rooms, it was not locked, it was thrown open; the lid of the trunk was broke, and the trunk I saw at the Justices's had the lid broke; I can swear to all the things that were taken, my wife was gone to work with me, and my children were with her.

HENRY HALLIMAN sworn.

I am a carpet weaver by trade, on Thursday evening, the 15th of November last, I was in my own house, next door to the prosecutor's, between four and five in the evening; and I was alarmed by one Elizabeth Powell , who had hold of the skirt of the prisoner's coat; and said he was a thief! I seized him, and he had some mortar on his coat; there is a partition wall in my yard, which had been repaired a day or two before; I took him to my door, and he refused to go in it; we pushed him in, and there lay a large bundle tied up in a coarse sheet; the back door is within two yards of wall, the things were found about six or seven yards from the wall; I took the prisoner in the street, about twelve yards from the things.

MARY CAVE sworn.

I am a married woman, I lodge in Mr. Young's house; on the 15th of November, I was going into the yard, and saw the prisoner standing by the door of these rooms; it was between four and five in the evening, I asked the prisoner his business there; he said nothing at all, he immediately jumped over the wall, which parts the yards of Mr. Young and the last witness; he jumped out of that yard into the other; when he got to the other side of the wall, he stood stooping; I left him, and met with Elizabeth Powell , and bid her watch the door; I got further assistance, I saw nothing about him when he jumped over the wall; I saw the things when they were brought out of the passage, but not before.

Was it light at this time? - It was duskish, nobody was in Mr. Young's house.

Could you distinguish people very well? - Yes.

Have you any doubt about the man? - No.

ELIZABETH POWELL sworn.

The last witness bid me watch, and I saw the prisoner coming out of the passage; and caught at him, and held him till the prosecutor and Halliman came up; the prisoner was about half a yard from the property, he made no resistance, tho' he had a stick in his hand.

PRISONER's DEFENCE.

I had been sick, and came out for a little air; I stopped between these two doors, and they took me, and pushed me into the passage.

GUILTY. Of stealing to the value of 10 d. but not of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17851214-39

39. GEORGE HOOKER , THOMAS BATES , and WILLIAM LEMON , were indicted for feloniously assaulting John Lewis on the King's highway, on the 29th day of October last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will one shilling in money numbered, his money .

John Lewis and William Merchant called on their recognizances and not appearing, the prisoners were ALL THREE ACQUITTED .

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

Reference Number: t17851214-40

40. PETER FITZGERALD was indicted for feloniously stealing, on the 10th day of December , one hundred and twenty pounds weight of lead, value 10 s. belonging to William White , Esq ; and then and there fixed to a certain out-house and stable of the said William against the statute.

JOSEPH ERRINGTON sworn.

On Saturday morning last, the 10th of December, I was coming from my house at Kilburn to Paddington, I saw a man on the foot path before me, I saw him stooping down by the side of the ditch, and there was a basket; when I came to him, he was buttoning his breeches, I asked him if that basket belonged to him, he said it did, I asked him what was in it, he said, he dealt in oranges and lemons, and travelled in the country with them, and on his return home he gathered old flints and phials; I said, I will help you up with your load, I found it was very heavy, says I, when you are tired of it, I will ease you with it: I asked a man that I met, to assist me in looking at this; says he, who are you? says I, I live at Kilburn Wells; I and the prisoner lifted down the basket, and then he said he had got lead, and he hoped I would not hurt him; he said, he never stole any in his life, I asked him how he came by it, he said he had bought it of two bricklayers in the Edgware-road, I asked him what he gave for it, he said six shillings and a pot of beer; I took the prisoner into custody; the lead is here.

STEPHEN MALLARD sworn.

I fitted the lead to the gutter, and it matched.

PRISONER's DEFENCE.

I am a poor man that goes about the country with lemons and oranges, and coming along I met two men, and bought this lead of them; they said it was no hurt, I gave them six shillings and seven-pence, because there was no person near.

GUILTY .

To be imprisoned six months in the House of Correction .

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

Reference Number: t17851214-41

41. EDWARD DENNIS was indicted for feloniously stealing, on the 26th day of November last, two pair of velveret breeches value 20 s. the property of John Stranger .

JOHN STRANGER sworn.

I lost two pair of breeches, on the 26th of November, out of my passage in Bear-yard: I keep a shop in Bear-yard, Lincol's Inn Fields ; it was about ten in the morning, they had not hung up two minutes before they were taken.

- SHARP sworn.

I saw the prisoner taken, running down Bear-yard, between ten and eleven or thereabouts; I went to my own shop, and I pursued the prisoner, and found him with another boy in Stanhope-street, he had one pair of breeches under his coat, he said, he had bought them, and that that boy would go with me to shew me, I told him he should go with me, and when we went a few yards together, he threw away the breeches and run away, he was taken, I lost sight of him, I am sure he is the same.

(The breeches deposed to.)

PRISONER's DEFENCE.

The breeches were given to me, I live with my sister, she sings ballads.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-42

42. JAMES WANT was indicted for feloniously stealing, on the 14th day of November last, one truck, made of wood and iron, value 40 s. and four thousand eight hundred copper halfpence, value 10 l. the property of Elias Hibbs and William Bacon .

WILLIAM BACON sworn.

I am a rum and brandy merchant , my partner's name is Elias Hibbs : the prisoner was hired the 15th of November last to accompany our porter with a truck, and two casks of liquor, from Monument-yard to Paddington, they went from our house between two and three: a truck is a small carriage drawn by hands; I waited till past ten, and was alarmed the porter did not return, having something particular for him to do the next morning: I apprehended the prisoner, and he declared he knew nothing of the matter, he told his serjeant that he was knocked down in Tottenham-court-road, and was robbed of ten pounds worth of halfpence; I told him it was very extraordinary that he did not immediately apply to us on his being knocked down to receive his wages, he said, he was so frightened, he did not know what he did, that was every reply I could get from him.

WILLIAM TAYLOR sworn.

I am servant to the prosecutors, I went with the prisoner to Mr. Kettle's at Paddington, and delivered the liquors, and Mr. Kettle gave me ten pounds worth of halfpence to take back with me, I put them in a sack, and put them on the truck, we came along Tottenham-court-road , and almost at the bottom, I stepped on one side, and desired the prisoner to take care of the truck, and the halfpence, and while I was out of the way the prisoner went off with the truck and halfpence and all.

How long were you before you missed it? - Not a minute, I ran down to St. Giles's as fast as I could, and could see nothing of him, then I returned to the place where I left him, then I went home and he was not there, and then I went to St. James's and found out his quarters, I got his name and likewise his Colonel's name, I went to the Park next morning, which was a field day, and found him in the ranks, he said he was knocked down, and the truck taken away from him.

Was there time for that to have happened while you was absent? - No, there was not.

Was you perfectly sober? - I was very sober.

You are sure this is the man? - I am sure this is the man.

ELIZABETH JONES sworn.

I live in Dyot-street, the prisoner lived with me, and when I came home he was at home in my room, I believe it was nigh eleven; I saw this money, it was tied up in parcels, I took it down to Westminster, I never saw what was in it.

Who tied it up in parcels? - Me and another woman.

Where was it? - It was loose upon the floor in a corner of the room, I first saw it when I went home at night, it was upon the floor, it was halfpence, but I did not know the quantity; I went with the prisoner to one of his comrade's wife's house with it, and in five minutes after, two serjeants came up and took the money from us; the truck was found on the 19th, in Bambridge-street among a parcel of rags, I saw H. B. on it.

AARON HUGHES sworn.

On the 16th in the morning we had a field-day, and the two prosecutors and this old porter came and challenged the prisoner, and they went to get a warrant for him, I was ordered to confine him, we went and took the prisoner, and we went to a house in Westminster, where one of our men lodged, and there I found three women, two about the money, and they threw their cloaks over it, and I took the money and brought it away, and I searched the two women and found a great many halfpence in their pockets.

ANN ALTON sworn.

I went over and my husband brought me the key, and in five minutes the two serjeants came up and took the money, it was in my room, we brought it to our room, this Elizabeth Jones and another.

PRISONER's DEFENCE.

My Lord, this porter hired me to go down to Paddington to carry some liquors, accordingly I did, and the people gave him something to bring away, but what it was I cannot say, the porter said it was ten pounds worth of halfpence, so he put them upon the truck, and away we came across the fields; coming through Tottenham-court-road the porter says to me, I must stop here awhile, and you go forward, I will soon overtake you, and he had not left me very little while, but three men came up to me and knocked me down and took away the truck and what was upon it: and they said if I made any violence or resistance, they would take my life, and I never saw the truck nor what was upon it any more, that night.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-43

43. JANE LLOYD was indicted for feloniously stealing, on the 10th day of November , a copper tea-kettle, value 4 s. the property of William Lusty .

ELIZABETH TARRANT sworn,

Deposed that she saw the prisoner take the kettle out of the prosecutor's shop: the prisoner was pursued and taken with the kettle.

PRISONER's DEFENCE.

I am not the woman, I know nothing of it; I have nobody to give me a character, I have not given any body any trouble, I was ashamed of being in gaol, but I will give myself a character as well as I can.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-44

44. JOHN HOGAN was indicted for feloniously stealing, on the 26th day of October last, five linen sheets, value 20 s. the property of Henry Hitchcock .

HENRY HITCHCOCK sworn.

I keep a public-house in East-Smithfield , and between eight and nine in the evening I was standing in the bar, and I saw the prisoner go out with a bundle under his arm, he had been about our house backwards and forwards for a fortnight, as he went out of doors he turned his face to me, and I saw it was the same man; in the morning at seven he came again, and I stopped him, my wife having missed the sheets off three of the beds after he was gone; he denied it at first, and when he was at the Justice's he owned it; before I took him up I told him, if he would tell me where the sheets were, I would forgive him, he would not do that till he came before the Justice.

Was there any promise after you brought the officer? - Not afterwards.

CHARLES BROOME sworn.

I live at No. 8, Park-street, Borough; the prisoner pawned two sheets with my wife, I was present, he had five and sixpence on them, he said they were his own; presently after a girl came that used to go of errands for him and his wife, the prisoner's wife is a genteel woman that nobody could suspect any thing, she wanted five and sixpence upon the other two, we lent her three shillings upon them.

(Deposed to.)

PRISONER's DEFENCE.

What I have to say, Massa, is, send me to my country, to Bengal, and God bless you.

Court. You should have taken care to have gone there honestly.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-45

45. MARY SCARBOROUGH was indicted for feloniously stealing, on the 1st of November last, a silk hat, value 3 s. the property of Elizabeth Gurney .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-46

46. WILLIAM FRANCIS was indicted for feloniously stealing, on the 26th day of November last, one printed book, entitled, a Summary Account of the Flourishing State of the Island of Tobago, value 12 d. and one other printed book, value 12 d. the property of Robert Melville , Esq .

GENERAL ROBERT MELVILLE sworn.

I hired the prisoner about a year and a half ago, he remained in my house about three months, I was going out of town, I had no further occasion for him, and I told him so, my opinion of him was so good that I told him he might remain in my house till he was otherways employed; I was out of town between three and four months, when I returned to town he was gone to a place, I missed some of my clothes and some of my books, but none of them were found but the two books in the indictment, which will be produced; I came home on the 18th of last month, and by information I took up the prisoner: I found that the drawer in the mahogany table, where I keep money, had been violently broke open, I also missed two bank notes, and the next morning I took all the common methods, the two books were afterwards found in search. The prisoner was apprehended in Long-alley, Moorfields, and upon being searched nothing was found but the two books; Mr. Oldham, a gentleman, who went on my account, and Mr. Armstrong, who took charge of the prisoner, were present.

JOHN OLDHAM , Esq; sworn.

I went, when the prisoner was apprehended, with the officers, he was apprehended in Long-alley; as I was naturally very

anxious to find what he had stolen from the General, in a box which he owned to be his, I observed two books, and they were indorsed by the General, whose hand I knew perfectly well; I did not find any thing that I could say was the General's property, but I found some new tea-spoons, stamped since the act has taken place, and when I went in to the prisoner, as I had known him for four years, I said let me see what money you have, he immediately took out a sixpence out of his breeches pocket, and one of the men said keep your hand out of your pocket, and seven guineas were found in his pocket.

JOHN ARMSTRONG sworn.

I found these two books in the prisoner's pocket.

(Deposed to.)

PRISONER's DEFENCE.

I went into the gentleman's house one evening, and I went down stairs, I came up stairs again and came out and shut the street door, as I thought, behind me: after this robbery was committed, Mr. Oldham and two of the runners came where I lodged, and they asked me what money I had, and I said sixpence, and in the confusion I did not recollect the seven guineas.

How did these two books come into your box? - When I was there in the last summer, I was dusting the books and putting them away, and I got these two books and was reading them, I was teaching myself to read, and in a very great mistake I put them into my box: here is a person here that I lent one of them to, I told him at the same time that the book was General Melville's.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-47

37. WILLIAM TILL was indicted for feloniously stealing, on the 2d of November last, three linen gowns, value 5 l. a silk gown, value 40 s. three pair of sheets, value 50 s. a silk cloak, value 20 s. fourteen linen handkerchiefs, value 20 s. nine yards of thread lace, value 40 s. the property of John Henly , in the dwelling house of William Beach .

DOROTHY HENLY sworn.

I lost the things mentioned in the indictment, it was seven weeks next Wednesday since this man robbed me, it was on a Wednesday, between three and four o'clock, on the 10th of November, I was gone out about three quarters of an hour; I went out about a quarter after two, I am a lodger, I left nobody in my apartment at all; when I returned, my door was broke open, and I missed the things mentioned in the indictment; I never found any of the things again; the prisoner was the man that took care of my place, and he always professed to take care of it, and took money for me, and took messages, and I left him at home, I told him I was going out.

Had he the key of your room? - No, I had it in my pocket.

Then it is for neglect of duty you charge him, for not taking better care? - No, Sir, it is no such thing; when I came back, I asked him if any body was looking for me, and he asked me why I did not stay at home and take care of my place, and he spoke a very wicked barbarous word, I could not tell the meaning of it; I have a little boy, and I says to him, light a fire for me; says my little boy, this Till will pay all the money he owes in Leather-lane; about a quarter after nine I missed my things, I did not miss them when I came home.

When you found your door was broke open, did not you look? - No, Sir, I did not, he has gone into my place very often before.

Did he ever break your door open before? - Never to my knowledge, only when my little boy would open it, when I was not at home, sometimes he would push back the lock, the lock was now pushed back.

That was a common thing? - The little boy used to do it, and I asked the little boy if he broke the door open, and he said he did not; the reason I have for suspecting the prisoner, is, I have a fox dog, and he makes a great noise, and he barked and barked at a quarter past nine; I went to the loft door with a candle, and I saw this prisoner, and I called to him, and he had a great bundle of cloaths, but I do not know that they were my things; he made no answer then; in half an hour he came, and I told him I was robbed, and he d - ned me, and swore in a most sad manner; I asked him if he knew any thing of my little boy, and he said he had sent him of an errand; I saw nothing, but to the best of my knowledge and opinion, I saw my own yellow gown, I am positive sure that it was my gown.

Do you swear that you saw your gown in his possession? - To the best of my opinion, it was in that room lapped up in the sheets, there was a sleeve hung out, and I saw a robbin to it, I hallowed to him, but he did not come back, he went on, he was close to me, he was going by the stable door.

Why did not you lay hold of him? - I was up stairs, and I had no opinion of his robbing me, he was under me, he was on the ground, I was on a flight of stairs; there is a hatch door, and I held down a candle to see who it was, and it was this man, this was four hours after I was robbed, it was nine o'clock, and I was at my own room by four o'clock at the furthest.

And can you swear, in that situation, that you saw your gown? - To the best of my knowledge it was my gown, I have no other witnesses, I have nothing more to say.

Mr. Silvester, Prisoner's Council. What is become of your witnesses? - There was a young man that was apprentice to my son-in-law, but they would not let him come; it is seven weeks next Wednesday; I went to Justice Blackborough the day after the robbery, and I did not get a warrant 'till the Friday.

Was not this man before the Justice on the ninth? - No, Sir, not to my knowledge; it is seven weeks next Wednesday, I am sure it was on a Wednesday in the afternoon.

When did you go to the Justice's? - On Friday.

Mr. Silvester. Is not your name Grey? - No, Sir, my other husband's name was Grey, but he is dead, and I have been married to John Henley since that; I never was in this court but once, that is above twelve years ago, I have not been lately in this court by the name of Grey, nor as a witness.

Is Henley alive? - Yes, he does not live with me; I came home a little before four, and from that time I did not go out 'till past nine, then I went into Mr. Wolfe's, the public house, to look for this man, he was there, and sat against the wall.

Did you charge him then with the robbery? - No, Sir, but I asked him if he knew any thing about it, and he blasphemed most sadly.

Did you tell this man of the robbery at all, when you went to Wolfe's? - I asked him if he knew what was come of my little boy; I had a suspicion in my conscience that he robbed me, I did not tell him so.

Why so? - Because I thought he took my things to fetch them back again.

Then you did not think he robbed you? - Yes, I had a very great suspicion he robbed me.

When you was in company at the public-house, did you say to him, that you had any suspicion of him? - I asked him why he did not take better care of my things; Mrs. Wolfe was present, and many more people that I do not know; she heard me saying that I had lost all my things.

When did you see this yellow gown of yours? - On the Wednesday morning I saw it, that I was robbed; I saw it in the possession of this man that same night, I saw him go out with a bundle of clothes,

and afterwards I saw him at the public-house.

How came you not to charge him with it then? - I went up to this house in a little space of time after, he was sitting; and I asked him, did you see my little boy; he damned me, I told him, O William, I am robbed of every thing in the world.

Did you tell him so? - Yes.

Why did not you charge him with it? - I did not.

How long after did you take out a warrant? - On Friday from Justice Blackborough's, he was taken up on the Saturday following.

Was not the reason that you did not take him up before, because you and your friends, John Chambers and Hacking, had not laid your heads together, and concerted this plan? - We did not lay our heads together, they did not advise me to do any thing.

Did not you consult with them? - No, I did not consult with them neither.

Had you any conversation with them about it? - I asked them to go with me before the Justice, I went to no ale-house; I met them in the street.

Where did you talk together before you went to the Justice? - In the street, going along I told them I was going to the Justice, against a man that robbed me.

What did they say? - I cannot tell, but they said, if he had robbed me, he should be punished for it.

Do you know Bagster that keeps the Sun? - Yes.

Was not you there in a back-room with Chambers, and Hacking? - Yes, but not in the morning before I went to the Justice, I will swear that, and swear it again.

You swear that you was not at Bagster's, that keeps the Sun in Turnmill-street, that morning before you went to the Justice's? - No, I was at the Justice's before, and got a warrant.

When was you at the Sun in Turnmill-street, with these two people? - The Saturday after I was robbed; the man was taken up long before that, and gone down to the Justice's.

Why was not you there with Hancock? - No, he was not there till after the prisoner was committed to gaol.

Did not you make the poor boy drink? - No, Sir, I did not.

Nor any body else? - No, no, Sir, that is very false.

Mr. Silvester. Did Hancock go before the Justice with you? - Yes, Sir, he did.

For what purpose? - For the purpose as he saw him take my clothes out of the house; his master would not let him come; his master's name is John Millington .

This is a room over the stable? - Yes.

Who lives in this stable? - Nobody but the cattle.

What has Mr. Beach to do with it? - Why, because he keeps his coach-horses there.

Mr. Beach does not live there? - No, only his coach-horses.

Court. Did you give Hancock any notice to attend? - No, Sir, I went there last week, and I asked Mr. Millington and Mrs. Millington to be so kind as to let this lad come, and he said he would not.

Why would not he let him come? - Because, I suppose they would not let him come without money; and I had not money to employ any body, they asked me what money I had, I told them I no money.

Mr. Silvester. Did you tell this Hancock that you brought him before the Justice, and he must stand it? - I never did in my life.

Did you never instruct this boy what to swear, upon your oath? - No, never in my life, his master is my son-in-law, and yet he would not let him come.

The Justice took bail, did not he? - Yes, Sir, it was with my consent that he took bail.

What are you? - An old clothes woman .

Court. Was any examination of her's returned? - No.

WILLIIAM HANCOCK sworn.

What age are you? - About eighteen, I live in Mint-street, No. 14, with Mr. Millington; this woman brought me up when I was a child; my master is the son-in-law of this woman, he maried her daughter.

Who brought you here to-day? - Mr. Russel.

Who is Mr. Russel? - A coachman in Robinhood yard.

Who applied to you to come here? - He, himself.

What connection has he with the prosecutrix or the prisoner? - He came to me, and told me I was to come here and speak the truth.

Then take care you do? - I know nothing at all about it, she brought down a summons to me at night, on Tuesday night, which Lord Mayor's day was on Wednesday, and told me I must come to her house to breakfast on Wednesday.

What summons did she bring you? - A summons from Justice Blackborough.

Did you go? - Yes, I went, then we had a breakfast; then she sent me out for a quartern of gin, I drank a part of it with her, then she got ready to go away; and going down Saffron-hill we had part of another quartern; and when we had done there, we went to Turnmill-street, to Mr. Chambers, and there we had another quartern; and with that she told me I was to take this false oath, to say that I saw this young man take these clothes, in a sheet under his arm.

Upon your oath, did she tell you to say so? - Yes, your Worship, she did.

What else did she tell you to swear? - To swear that I saw him take them out of a white sheet, and take them up to the stable that was in the corner; she said to take that oath before the Justice, and that would commit him to gaol.

Did she bid you say nothing else? - No, she told me to stand to that.

Was that all? - Yes.

Recollect yourself again as well as you can, whether she told you any thing else? - No, she told me nothing else that I can remember, but I was very much in liquor when I came away from the Justice's; that I could hardly tell what I said, or did.

Who was present when this conversation passed? - Nobody, but herself, and me.

Where was Mr. Chambers? - He was not come into the room at that time.

How came she to pick you out for this particular business? - Because she thought I was one that she reared up, and she thought I would do, or swear any thing in the world for her; and she took it upon that circumstance, she thought I would swear any thing for her.

Had you been at her place the day that she lost her things, at all? - No, I had not.

Upon your oath you had not? - Upon my oath I had not.

You are sure of that? - I am certain sure of that.

Did you never tell her that you had, before this time? - No, Sir, never.

You never told her that you had been there, or had seen any thing about it? - No.

Upon your oath, young man? - Upon my oath.

Court. Is there any body here from Mr. Blackborough's?

(Mr. Blackborough's clerk was sent for.)

Hancock. I really ask the Court's pardon with all my heart for what I have done, and will never do the like again; but it was very wrong in her to take an apprentice, and one that hardly knows a letter in a book.

Mr. Silvester. If there is any doubt about the case, I will call two witnesses.

Court to Hancock. Did your master keep you at home? - He could not spare me.

Court. Is any body here from Mr. Blackborough's, this is a very black business on the one side or on the other, and I am determined to get to the bottom of it.

WILLIAM BRACHNEY sworn.

I belong to Mr. Blackborough's office,

I cannot positively say whether I was at the office at the time of the examination; but I know something of the business: this lad came with the prosecutrix, I do not recollect any body else; he had got a good story when he did come, I believe it was the morning of Lord Mayor's day, I am not positive; I believe they were together before they went into the Justice's, and had been drinking at the public-house; the first I knew about the business, Mr. Isaacs and I had a warrant to apprehend the prisoner; we went to look for him the first time, and could not find him; then the man came, Isaacs took him, I was not by; he came before Mr. Blackborough, and they took his master's word to bring him the next day; then they got a summons for this lad, it was either the day that the prisoner came to Mr. Blackborough's, or the day before; when he came before Mr. Blackborough, he seemed to tell a very good story; but to the best of my opinion, I think, he was learned that story first; because, I thought the woman was a very bad woman; I heard no conversation between the woman and the boy, before they went into the Justice's, I was in the office when they came in; I cannot pretend to say particularly, whether any body particular stood by the boy; when the woman went in, the boy seemed to be sober, but she was rather in liquor, for she was full of jaw.

Then the boy was not so drunk, as not to know what he said, or did? - I do not believe he was so drunk.

Who took the examination? - His clerk.

What is his name? - Edward Lavender ; I believe the boy went in after this examination, to have his examination taken, but I cannot be positive.

Mr. Silvester. Was Chambers there? - Yes, he was concerned in the business, he was concerned for this, he came with them, and was with them I believe before they came in.

Court. You do not think the boy was drunk? - I do not think he was, he did not seem drunk, I never saw him till he was brought in by Mr. Chambers and the woman, I never saw the woman before I went with her to serve a warrant on the prisoner, my reason for saying he was instructed is, I thought there was some people with them that might give them a little education, you know as well as I do, I do not like to mention people's names, but I thought so I assure you.

You thought this woman had got into bad hands in plain English? - I thought she had got into hands that would give her a good lesson; but this I am sure, the place where Hancock said he saw the man, it is impossible he should see the lock broke off, for it is in a hay loft, and you are obliged to look down, he said he had been in sleep in this hay loft or straw loft, but they are obliged to stand and look as if they were looking underneath this desk, it is a place so dark, in my opinion, that it is impossible to see the door without leaning over.

Could he, in the hay loft, see the door without leaning over? - He could not, I am sure of that, because I was in the hay loft, it is the same as standing at this bench and leaning over to look under it; at the time he was examined I think, to the best of my remembrance, it was said, that it was a thing impossible that a man could see the lock brok open with a knife or any thing of that kind.

Court. Step for Lavender: and in the mean time examine the prisoner's witnesses apart.

MARY WOLFE sworn.

I keep a public-house in Leather-lane, the Robinhood and Black-boy, I have known the prisoner these three years, he lives in the yard adjoining to the house, that is, he works in the yard, Mr. Beach keeps coaches in the yard; on Wednesday, the 2d of November, I very well remember the prisoner coming to my house about ten minutes before two, he was not out till five, the old-clothes woman came in at nine in the evening, and said she had been robbed, she said nothing to him about it, he was in the house at the time.

Did he make use of any improper language to her? - None at all, he never

spoke to her nor she to him, I know the old woman by living in the yard, it is an open yard, the prisoner is a very good honest man, I never knew any harm of him, he has used my house every day for three years, breakfast, dinner, and supper; the prosecutrix on the evening complained of being robbed, she said nothing to this man nor he to her, she said she had been robbed, somebody had broke open her door, and taken a great quantity of things, she run on with a great deal of it; I am sure that day she came to complain at my house, the prisoner came in at a quarter before two, and did not go out till five.

JOSEPH RICHARDSON sworn.

I am a coachman, I know the prisoner, I saw him the 2d of November, at Mrs. Wolfe's, I went there a few minutes before one, he came a little before two, then we dined together, and he fell asleep, and slept till his master came with the coach, till past four; I knew him very well, and I knew the old-clothes woman, I have seen Hancock before, but I never spoke to him, I saw him about two months before that in the yard, I never did see him above three times in my life, I did not see him at all that day.

EDWARD LAVENDER sworn.

Do you remember Hancock's coming to your office to be examined? - Yes, my Lord, it was on Lord-Mayor's day I believe; this information was taken by me from his mouth.

What situation did he appear to be in, drunk or sober? - The time I examined him he appeared to have a good deal of terror upon him, and sweat very much, and as he signed his name he could scarcely do it, he shook in such a manner.

Did he appear drunk or sober? - I believe he was perfectly sober, I think so.

Who was with him when he was examined? - Mrs. Henley and young Mr. Chambers, and I think Mr. Hacking was in the office at the same time.

Had you an opportunity of paying any attention to him before he was examined? - No, my Lord, I had not.

You did not observe whether he conversed with her? - No.

On the first examination of Till, this lad was never mentioned by the woman? - I cannot tell when the first examination was, I believe it might be on Friday the 4th of November, nothing was mentioned of this lad then, the constable brought the prisoner on a warrant, and she seemed to have so good an opinion of him, that she desired he might go; two or three days after he came himself, he was at liberty.

When was the first mention of this lad? - On the second time that he came.

Court. Let the prosecutrix withdraw out of court.

Lavender. The first time that she came, Mr. Blackborough told her that unless she had more evidence than what she had related herself, he could not think of committing him; when she came again she was attended by Mr. Chambers and Hacking, then she said she had this Hancock, who could prove that he saw him take the things and break open the door, and desired Mr. Blackborough to grant a summons, for his master would not let him come without, the summons was granted of course.

When was that? - I cannot recollect, but I am sure it was a day or two before the second examination.

Court to Hancock. Where were you, in truth, on the 2d of November, the day this robbery was committed? - I was at home at work, my master was very bad in bed, he could not get out of bed, he is a coach spring maker and tire smith; I was at work that day, on making an axletree; my master has four children, his wife is living; he has another journeyman besides me, his name is Harper, I do not know his other name, but he was not at work with us at that time, we had another man at work with us that day, Robert Sellers .

Where is Sellers, now? - I do not know, I heard that he worked in Red-cross-street, with a cart-wheel-wright.

Did you go to Mr. Henley's at any time between that Wednesday the 2d of November,

and the Tuesday following? - Yes, I believe, I went one night before she brought the summons to me, to see her home.

How often had she been at your master's after the 2d of November? - Not above twice.

When did she come first? - I cannot rightly say, but I believe it was two or three days after she was robbed; then she said, I have been robbed; says I, how comes that about? she said, I believe it was William Till that robbed me, but she said nothing to me that night about my giving evidence at all; she said she suspected Till, and would get a warrant to take him up on suspicion, that was two or three nights before she brought the summons; she came to my master's afterwards, before she brought the summons; she did not speak to me, I was at work, and she did not offer to come into the shop.

When she brought the summons, and desired you to come to her the next morning, did she tell you what it was for? - No, not before I had my breakfast.

Court. Call in Mrs. Henley. This lad Hancock lives with your son-in-law? - Yes, I knew him a great while.

How soon after the robbery, did you go to your son-in-law? - I went there the day after the robbery.

Did you see this lad then? - Yes, and I told my daughter that I was robbed.

Millington is your son-in-law's name? - Yes.

Was Hancock, the boy, present? - Yes, I believe he was.

Did you say anything to him in particular? - Nothing in particular; but he said, he knew the man that robbed me, a short man that takes care of the cattle, he told me that the day after the robbery, indeed he did.

Was your daughter present when he told you so? - I cannot tell indeed, I do not know indeed.

Did you go alone to talk with this lad? - I do not know whether my daughter was within or no.

Why, you told me this minute, that you told her of the robbery? - I told her of the robbery, and then I think the boy came in out of the shop, and I was crying sadly, he said, what do you cry for, I said, I am robbed of all I have in the world; then says he, I know the man that robbed you.

He told you who it was then? - Yes, he told me so.

Did he tell you how he had seen him? - Yes, he did, he told me he was up stairs in the loft.

Was not your daughter there, or was she gone? - I think she was gone.

How came she to leave you alone? - I do not know, she had her family to mind.

Was your son-in-law at home? - No, I did not see him.

This was before you went to the Justice? - Now, really I do not know, I cannot tell, I do not recollect, I believe it was; I did not go to the Justice till the Friday in the afternoon, this was the Thursday, the day after the robbery; it was the day before I went to the Justice's, and my daughter, Millington's wife, went with me to the Justice.

Did you tell your daughter what Hancock had said? - I do not know, I was crying, and breaking my heart; I said, I shall be obliged to come to the parish.

Then do you mean to say that you have any doubt whether you told your daughter, what the boy had said to you? - No, my Lord, I did not, I believe, tell her; I do not think I did, for I had a very great suspicion that he would hide the things, and fetch them back again; I did not tell my daughter what the boy had said that day, I did not mind to tell her of it, I did not indeed think much of it, I was both crying and breaking my heart, I did not think much of it, and I did not know what to tell her, I thought he only took them away to frighten me like, and fetch them back again, I thought all this was a joke.

Then how came you to be so very uneasy?

- Because, I asked him whether he knew anything about my things.

Why did not you tell the Justice of this other witness? - So I did, when I went again.

Why this was before the first time you went to the Justice? - Yes.

You did not tell him so at first? - No, I did not.

But why not? - I did not think nothing at all about it.

Why, the Justice told you he could not commit him without there was more evidence.

Court. Gentlemen, this last examination of this woman seems to put the matter out of doubt.

Jury. Certainly, my Lord.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Court to Jury. Gentlemen, your opinion upon the evidence at present is, that there is strong grounds to suspect this woman with her confederates.

Jury. Certainly.

Court. Then I shall order her to be committed on the charge of subornation of perjury.

Mr. Silvester. This is a poor man, I take it up out of charity; I will be at the expence of the prosecution.

Court. The Court will relieve you, Mr. Silvester, by ordering a prosecution.

Reference Number: t17851214-48

48. ROBERT ROBERTS was indicted for feloniously assaulting Elizabeth the wife of Joseph Wright , in a certain field and open place, near the King's highway, on the 10th day of November last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one pocket book, value 4 s. two handkerchiefs, value 1 s. a silk cloak, value 30 s. a muslin apron, value 16 s. and twelve shillings in monies numbered, the monies of the said Joseph .

There was no evidence to affect the prisoner.

NOT GUILTY .

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

Reference Number: t17851214-49

49. WILLIAM SIMKINS , SQUIRE LAWTON , WILLIAM GLOVER , and SARAH JACKSON were indicted for that they, on the 4th day of November last, one piece of false, feigned, and counterfeit copper money, to the likeness of an halfpenny, unlawfully did make, coin, and counterfeit against the statute.

There being no evidence of the prisoners being employed in the act of coining, though the implements for it were found in a house where they were, they were ALL FOUR ACQUITTED .

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

Reference Number: t17851214-50

50. HARVEY WESTROPP and ABRAHAM GEORGE were indicted for feloniously stealing, on the 6th day of October last, fifty bushels of coals, value 39 s. the property of William Bowers .

The prosecutor said, he believed the prisoners were innocent, and were only employed to unload the coals.

BOTH NOT GUILTY .

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

Reference Number: t17851214-51

51. CORNELIUS MAINEY was indicted for feloniously stealing, on the 27th day of September last, thirty pounds weight

of lead, value 2 s. belonging to John Millet .

John and Thomas Millet were called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Reference Number: t17851214-52

52. WILLIAM THOMPSON was indicted for feloniously stealing, on the 22d day of October last, nine brass locks, value 30 s. affixed to a certain building of Edward Chapman , and to be used and occupied with the said building, he having no title or claim of title thereto .

NOT GUILTY .

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

Reference Number: t17851214-53

53. WILLIAM ROEBATT was indicted for feloniously stealing, on the 21st day of October last, one copper, value 10 s. being fixed to a certain out-house of Anna Maria Tackery , widow , to be used and occupied with the dwelling house of the said Anna Maria , he having no title or claim of title thereto .

NOT GUILTY .

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

Reference Number: t17851214-54

54. WILLIAM KIDLEY was indicted for feloniously stealing, on the 14th day of November last, four pieces of leaden pipe, containing forty-three pounds weight, belonging to Jeremiah Redwood , and fixed to his dwelling house .

NOT GUILTY .

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

Reference Number: t17851214-55

55. THOMAS GARNER was indicted for feloniously stealing, on the 4th day of November last, a pair of nankeen breeches, value 2 s. a great coat, value 12 d. a child's suckling horn, value 2 d. and a basket, value 4 d. the property of Richard Bear .

GUILTY, 10 d.

To be privately whipped and discharged.

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

Reference Number: t17851214-56

56. HANNAH HALL and ALICE LESSEN were indicted for feloniously stealing, on the 1st day of October last, a cloth coat, value 10 s. a linen shirt, value 1 s. and a linen shift, value 1 s. the property of Joseph Watkins .

The prosecutor took the two prisoners with the things.

BOTH GUILTY .

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

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

Reference Number: t17851214-57

57. CATHERINE DIBDIN was indicted for feloniously stealing, on the 20th day of July last, a linen sheet, value 2 s. a camblet gown, value 3 s. and a linen shift, value 2 s. the property of Margaret Nicholson , widow .

GUILTY .

To be privately whipped .

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

Reference Number: t17851214-58

58. JOHN GILBERT was indicted for feloniously stealing, on the 6th day of November last, one linen shirt, value 4 s. one

pair of stockings, value 2 d. the property of Edward Deane .

There was no evidence besides the confession of the prisoner, obtained under promises of favour.

NOT GUILTY .

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

Reference Number: t17851214-59

59. JOHN ALLEN and SARAH ALLEN were indicted for feloniously stealing, on the 29th day of August last, seven yards and an half of velveret, value 42 s. two printed bound books, called Religious Tracts, value 2 s. twenty yards of black binding, value 6 d. nine leather boot garters, value 5 s. two leather martingales, value 5 s. and one belt, value 12 d. the property of Edward White and John Farmer .

The witnesses not appearing that could identify the articles, the prisoners were BOTH ACQUITTED .

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

Reference Number: t17851214-60

60. JOHN LONG and CHARLES SORRELL were indicted for feloniously stealing, on the 9th day of November last, two hundred pounds weight of ropes, called gun breeches, value 8 s. the property of Obadiah Reeves and John Parker .

Mary Ives , servant to the prosecutors, saw the prisoner Sorrell, who was servant to them, with the ropes round him, and followed him to a rope-shop, where he went to sell it.

CHARLES SORRELL , GUILTY .

To be imprisoned six months in the house of correction .

JOHN LONG , NOT GUILTY .

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

Reference Number: t17851214-61

61. JOHN DREW was indicted for feloniously stealing, on the 4th day of October last, one oil-stone, value 5 s. the property of John Nogle .

GUILTY .

To be privately whipped , and discharged.

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

Reference Number: t17851214-62

62. DAVID GRAHAM was indicted for feloniously stealing, on the 7th day of December , one cloth coat, value 2 s. the property of Henry Bath .

The prisoner came with a sham letter, and took an opportunity of stealing the coat, which was found upon him.

GUILTY .

To be imprisoned six months in the house of correction .

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

Reference Number: t17851214-63

63. WILLIAM RUSSELL and ANN RUSSELL were indicted for feloniously stealing, on the 14th day of November last, one piece of white silk ribbon, containing eighteen yards, value 9 s. one other piece, value 2 s. one other piece, containing five yards and an half, value 2 s. one other piece, containing six yards and an half, value 3 s. the property of Thomas Flint .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-64

64. GEORGE MARK was indicted for feloniously stealing, on the 10th day of November last, one pair of man's silk stockings, value 10 s. the property of Thomas Shutt .

And JUDAS SYMONS was indicted for feloniously receiving the same, knowing them to be stolen .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. Justice WILLES.

Reference Number: t17851214-65

65. JOHN MARTIN was indicted for feloniously stealing, on the 6th day of November last, one bar of Russia iron, value 5 s. the property of Joseph Saxton .

The prisoner was seen taking a bar of iron, and carrying it away, but the bar not being produced, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-66

66. FRANCIS GREEN was indicted for feloniously stealing, on the 26th day of November , fifteen pounds weight of potatoes, value 4 d. and one wicker basket, value 1 s. the property of Peter Mooney .

GUILTY, 10 d.

To be privately whipped .

Tried by the London Jury before Mr. Baron HOTHAM.

Reference Number: t17851214-67

67. ISABELLA LISTER was indicted for feloniously stealing, on the 16th day of November last, two quart pewter pots, value 2 s. the property of William James .

There being no evidence, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. Baron HOTHAM.

Reference Number: t17851214-68

68. LEONARD SULLIVAN was indicted for feloniously stealing, on the 27th day of February last, two cloth coats, value 40 s. two cloth waistcoats, value 20 s. one pair of breeches, value 5 s. a stuff waistcoat, value 5 s. a pair of corderoy breeches, value 5 s. eleven shirts, value 40 s. one pair of silk stockings, value 3 s. one pair of stockings, value 3 s. one pair of cotton stockings, value 1 s. four pair of thread stockings, value 2 s. one handkerchief, value 1 s. one neckcloth, value 1 s. one mourning ring, value 10 s. one stock buckle, value 2 s. one pair of studs, value 1 s. one pair of silver buttons, value 3 s. one watch, with two silver cases, value 40 s. one metal watch, value 20 s. a part of a stop watch, value 20 s. a part of a leaden watch movement, value 10 d. one pair of sliding tongs, value 6 d. the property of Robert Duncarton , in his dwelling-house .

NOT GUILTY .

Reference Number: t17851214-69

69. The said LEONARD SULLIVAN was again indicted for feloniously stealing, on the 12th day of November last, one piece of Florentine silk, containing seven yards, the property of Gentill Chapell , privily in his shop .

NOT GUILTY .

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

Reference Number: t17851214-70

70. THOMAS UPTON was indicted for burglariously breaking and entering the dwelling-house of Thomas Broadbank , on the 23d day of October last, about the hour of one in the night, and burglariously stealing therein, one silver candlestick, value 2 s. 6 d. six table-spoons, value 9 s. one sugar-cannister, value 3 s. one pepper-box, value 1 s. one mustard-pot, value 1 s. 6 d. four table-cloths, value 6 s. five shirts, value 5 s. his property .

NOT GUILTY .

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

Reference Number: t17851214-71

71. WILLIAM CROSS was indicted for feloniously stealing on the 5th day of December , two linen shirts, value 6 s. one pair of stockings, value 6 d. one handkerchief, value 6 d. one pair of breeches, value 12 d. one pair of shoes, value 12 d. one cloth coat, value 4 s. the property of Peter Fillery .

GUILTY .

To be confined six months in the House of Correction .

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

Reference Number: t17851214-72

72. ABIGAL PERFECT was indicted for feloniously stealing, on the 29th day of October last, one silver watch, value 40 s. and 16 s. in monies numbered , the monies of James Morris .

NOT GUILTY .

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

Reference Number: t17851214-73

73. THOMAS OSBORNE was indicted for feloniously stealing, on the 4th day of December , two flannel waistcoats, value 4 s. one pair of shoes, value 2 s. a tin pot, value 6 d. a cannister, value 6 d. the property of William Saunders .

The prisoner was taken immediately after the things were lost, with them upon him.

Prisoner. I found the things.

GUILTY .

To be transported for seven years .

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

Reference Number: t17851214-74

74. WILLIAM SUNMAN was indicted for feloniously stealing, on the 12th day of November last, one pair of linen sheets, value 8 s. the property of Justinian Sillack .

There being no evidence but the prisoner's confession, obtained under promises of forgiveness, he was ACQUITTED .

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

Reference Number: t17851214-75

75. JAMES GREEN was indicted for feloniously stealing, on the 24th day of November last, two pewter pint pots, value 20 d. the property of Richard Osborne .

GUILTY. 10 d.

To be confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-76

76. ROBERT SPENCER was indicted, for that he, on the 20th day of September last, upon one Mary Twigg , spinster , violently and feloniously did make an assault, and her the said Mary against her will feloniously did ravish and carnally know against the statute.

Mary Twigg and Martha Twigg called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-77

77. WILLIAM CROOK was indicted for feloniously stealing, on the 1st day of December , a pair of leather gloves, value 8 s. the property of Adam Dornford .

NOT GUILTY .

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

Reference Number: t17851214-78

78. ELIZABETH TURNER otherwise RUSHTON , was indicted for feloniously stealing, on the 26th day of January last, one cotton gown, value 5 s. one pair of silk stockings, value 6 s. one apron, value 4 s. the property of Elizabeth Steward .

GUILTY .

Privately whipped .

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

Reference Number: t17851214-79

79. JAMES KNIGHT was indicted for feloniously stealing, on the 15th day of October last, two hundred and fifteen packs of playing cards, value 21 l. the property of Henry Fourdrinier , William Bloxham , and Joseph Walker .

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

Tried by the London Jury before Mr. Justice WILLIES.

Reference Number: t17851214-80

80. RICHARD WATTS and JOHN MALING were indicted for feloniously assaulting Peter Fernhead , on the King's highway, on the 5th day of December last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one waggoner's whip, value 4 s. 6 d. the property of Richard Knowell .

(The case opened by Mr. Garrow.)

The witnesses examined apart at the request of Mr. Peatt, prisoner's councel.

PETER FERNHEAD sworn.

I was guard to Mr. Clarke's waggon, of Leicester, I went with the waggon through Barnet, the clock struck seven as I was going through Barnet, when I came on Hadley-Green , I saw a man cutting the ropes of the off side of the waggon; that was Watts; I struck him with my whip, and immediately three men came up, I struggled as long as I could, and they wrenched the whip out of my hand; one of them had some instrument that looked like a billhook, then Maling came up, and one of them said damn him murder him, then Maling struck me with the bill-hook.

Are you sure they are the persons? - I am as clear as that I hope to eat or drink.

Are you quite sure of it? - I am quite positive of it, then I hallooed out murder, and fell down on this arm, and immediately somebody struck me on the shoulder, I cannot tell who it was, I was quite distracted before, a waggoner who was before me returned at my not coming along, and he came back to me, they ran away and left me in that condition, I searched for my whip, but could not find it, that was wrenched from me by one of the persons, I stood as I long as I could; I saw them at Justice Blackborough's, and knew them among a number of people.

Did you single these two men out from all the rest? - I did.

Had you then or have you now any doubt of them? - Not in the least; my hat was cut through.

Court. I very much doubt whether this is such an offence as in point of law is called a robbery, therefore my opinion is, that another indictment should be filed against them for a misdemeanor; you might indict them for an assault with intent to rob upon a special count, and another for assaulting and wounding.

BOTH NOT GUILTY .

Court. Let them be detained for the purpose of an indictment, and referred to Mr. Blackborough, who committed them, to take good bail.

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

Reference Number: t17851214-81

81. MARY M'NEIL was indicted for feloniously stealing, on the 21st day of October last, two linen shirts, value 4 s. one handkerchief, value 3 d. one dimity pocket, value 3 s. and one silk hat, value 3 s. the property of Mary Oakley .

GUILTY, 10 d.

To be privately whipped .

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

Reference Number: t17851214-82

82. MARY PATMORE was indicted for feloniously stealing, on the 21st day of October last, one shirt, value 2 s. one apron, value 6 d. one shift, value 1 s. two cloth waistcoats, value 1 s. one pair of stockings, value 6 d. and one tea-spoon, value 1 s. the property of Margaret Mather .

GUILTY 10 d.

To be privately whipped , and confined six months in the house of correction .

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

Reference Number: t17851214-83

83. SAMUEL THOMAS CHARLES was indicted for feloniously stealing, on the 15th day of December last, a man's hat, value 4 s. and three ounces of black taw, value 6 d. the property of Alexander Flaherty .

The prosecutor detected the prisoner, who was his shopman , going out of the shop with one of his hats in his breeches, which he deposed to.

Prisoner. It is my own hat, one I had to dress and clean, and I wanted to conceal it; I have a licence to deal in hats.

Prosecutor. I am sure it was my hat.

GUILTY .

Court. Prisoner, your defence is a very great aggravation of your crime, for nothing can be more suspicious or improper, than for a journeyman to deal in the same commodity which his master does on his own account; therefore, under all the circumstances of this case, I think I should not do my duty if I was not to order you to be transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-84

84. FRANCES JOHNSON otherwise FIELDING was indicted for feloniously stealing, on the 22d day of November last, one sheet, value 2 s. one waistcoat, value 2 s. one gown, value 2 s. one petticoat, value 12 d. the property of Robert Bidwell .

The prisoner was taken on the bed in the prosecutor's room, having removed the things mentioned in the indictment, from the place where they had been left hanging; and as she was taking before the Justice, she knocked down four people, and behaved exceeding ill.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-85

85. MARY JACKSON was indicted for feloniously stealing, on the 3d day of November last, one pair of leather shoes, value 5 s. the property of Stephen Maile .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-86

86. GEORGE HOOKER and THOMAS BATES were indicted for that they, on the 6th of November last, on the King's highway, with certain offensive weapons called cutlasses, which they in their right hands had and held, unlawfully and feloniously did assault David Richards , and did then and there demand his monies, goods, and chattles, with a felonious intent his monies, goods, and chattles, feloniously and violently to steal .

DAVID RICHARDS sworn.

On the the 6th of November last, about twenty minutes past six in the evening, it was about twenty minutes as near as could be, it was not half an hour after six, it was in Well-street, near Aldersgate-street , I was walking through Well-street and the prisoner Bates came up to me and stopped me, to the best of my knowledge he followed me, he was on the other side and crossed the way to me, and he caught hold of my coat and told me to stop, and when I asked him what he wanted with me, he swore d - n your eyes you must deliver to me all you have, or else you will be a dead man, and he held a cutlass in his right hand just against my breast naked, I looked in his face and caught hold of the cutlass with this hand, the right hand, and almost cut my hand off with it; I caught hold of his collar, and we wrested into the street, and the prisoner Hooker came up and cut me over the shoulder with another cutlass, then I began to cry out murder, I thought I should be a dead man, and directly as Hooker cut me across the shoulder then Bates got at liberty, I was was obliged to let him go, then they both got cutting me.

Did they wound you at all? - Yes, across my face, they cut my eye, they cut me across my forehead, and I cut my hand almost off, they cut my throat here, and stabbed me in my breast, then I cried out as hard as I could for assistance, then they made off, and another gentleman came up to me and asked me what was the matter, I was almost killed, bleeding like any thing; they were not pursued and taken immediately, but one of them the week following, and the other the next week.

They did not take any thing from you at all? - No, they knocked my hat into the dirt, and took my watch almost out, but not quite, they had tried several times at it, the watch was almost drawn out, so that you might see part of the watch, but they did not get it quite away.

Did they take your hat off? - No, they did not take it away, they were obliged to go away on people coming up.

Did they take it off your head or knock it off with their blows? - I cannot tell that.

Did you know the prisoners before this time at all? - I have seen one of them pass by two or three times, he lives near where I live in Whitecross-street, I cannot say I knew Hooker before, or whether I ever saw him before I cannot say.

What sort of a night was it? - It was a fine night, and the lamps were lighted; they took me between two lamps.

It was not moon-light? - It was quite light, I was with my back just against a lamp, and their faces near a lamp that I could see them very plain, I was within a very few yards of a lamp.

Had you an opportunity of seeing their faces well? - I had.

Had you an opportunity of seeing Hooker, who came up the last, distinctly? - Yes, he came up facing the lamp with his face towards me, and gave me a blow on my shoulders.

In the struggle with Bates had you sufficient possession of yourself to see Hooker so as to know him again? - Yes, I had, and I did know him again, I am very sure these are both the men, I have no doubt of it in the least.

Mr. Knowles, Councel for the Prisoner Bates. The first person that came up to you was the man that you suppose to be Bates? - Yes, it was Bates.

Before the other man reached you, you had been cut by the cutlass? - Yes.

You felt at that time the pain in your hand? - No, I felt no pain at all, till I was taken to the surgeon's.

Before this other man came up, you closed with Bates, and you was struggling with him? - I was in the middle of the street.

You was struggling with Bates before? - Yes.

When were the two prisoners taken? - Hooker was taken the Saturday following, and to the best of my knowledge, Bates was taken the Wednesday after that.

Who did you receive the information from, that Hooker was taken? - I gave information against them to the patrols, and after they had taken him, they came and told me, Newman took him; I did not know him before.

When you gave the information, you did not know the names of these persons? - No, but I gave a description of their persons, and I went to see whether they were the persons I suspected; Hooker was taken on Saturday, and I saw him at Guildhall on Monday, I did not see him before, I knew him directly, before he came near me, he was so perfectly in my knowledge; I first saw Bates at Guildhall the second day after he was taken, I think it was on the Thursday or Friday.

Did you know him directly? - Yes.

Was you present at Hooker's examination? - I was.

Did he say anything in his own defence? - I do not recollect, he said, he was innocent.

Did he say that he could shew where he was that evening? - No, I did not hear, to the best of my knowledge, he said at Guildhall, he could bring somebody to prove where he was that evening.

He said so, did he? - He said something like it.

Do you recollect that he said where it was that he was? - No, he only said generally, that he would bring somebody to shew where he was.

Did Bates set up any defence of that kind, when he was examined? - No, he did not; these are the clothes I had on then.

(Produces a hat cut through, and a coat cut through the shoulder, and a waistcoat cut through, and the handkerchief that he had about his neck cut through, and shirt cut through all bloody.)

JOHN NEWMAN sworn.

I know no more than taking the prisoner Hooker, he was under examination before Mr. Alderman Wilkes, along with one Dunstan, who was cast for death last Friday; and I laid a detainer against him, there was an information came down out of Old-street, that he was concerned in ill treating a man in Brick-lane, of which he was acquitted the other evening, by the prosecutor's not attending.

Mr. Knowles. Had you any conversation with Richards before the examination before the Magistrate? - No, Hooker said he knew nothing about it, Mr. Alderman Wilkes remanded him back till the young man came to see him, I was present at his examination.

Did he say where he was the evening that this happened? - I think he said he was at home.

Recollect yourself? - Yes, he said he was at home, I am sure; I found nothing upon Hooker.

Did Hooker mention where he lived? - No, Sir.

ROBERT LISLE sworn.

I know nothing more than I apprehended Bates, Mr. Harrison and me were two or three nights after him, we took him in Long-lane, Smithfield, talking with a woman and two more men; my brother officer says, Mr. Bates, we want you, I laid hold of him directly, and pulled him up Barbican; he came along half way, then says he, by G - d, it is not watch hours, and I will not go with you; he denied his name, we found a duplicate in his pocket of the name of Bates, we took him to the King's-head opposite to Wood-street Compter, and from thence to the Compter, to be sure whether he was the man, I said, pray are not you out on bail, he said, yes, I am.

Did you find anything else particular? - Nothing at all, at his examination he acknowledged his name was Bates, he said he was not guilty of it, he said he was at home.

ANTHONY HARRISON sworn.

I was at the taking of Bates with Lisle, I had information of him, we took him in Long-lane in company with one or two more, and a young woman or two, when I first apprehended him; he went with me, I told him opposite the watch, his name was Bates, and he denied it was; I found a duplicate in his pocket, with the name of Bates, I was present when he was examined, he did not say where he was on the evening of the robbery, that I recollect.

Prisoner Bates. Did not I tell him that I was in prison at the time this was done? - He mentioned something, but I cannot particularly say, that he said he was in custody.

THOMAS CROWDER sworn.

I keep a public house in Well-street, at about twenty minutes past six, as nigh as I can judge, I will not be positive to a minute or two I was sitting in my parlour, and another young man with me, I ran down the street, and found the prosecutor laying in the kennel bleeding; as for the prisoners, I know nothing about them; there was somebody running before, there was a watch half out of his pocket, which I took out, I took him up, and took him to Mr. Withy's.

Prisoner Hooker. I can prove that I was at another place at the time.

Prisoner Bates. I can prove where I was at the time.

THOMAS BELL sworn.

I live by Old-street-square, I was a victualler at the time of this accusation in Hatwell-street, Goswell-street, I am no business now, I wait for a place, I expect to go to Cambridge to be bed-maker to the College; on Sunday the 6th of November, being the day after the gunpowder treason, George Hooker came into my house, about twenty minutes or a quarter after five, and called for some porter.

Any body with him? - Not at that time to my recollection, in the course of about half an hour, came in two young men, and a young woman, apparently acquaintances of Hooker's who asked each other how they did when they came in.

Do you know the name of either of these young men? - I never saw them in my life before.

How long did Hooker stay in your house? - Till within about five or ten minutes of seven, I am not sure to a few minutes, but I will give you a reason (give me leave to express the matter that happened during this time) after these two young men and the young woman came, they called for

some crank, which is gin and water, and not being warm enough, they put it on the bar which belongs to the tap-room grate, where we put a pot or pint of beer to take the chill off; about five minutes after six my wife came into the tap-room, and said she expected her sister, whose name is Foskett, and lives near Covent Garden, to tea, but she said she would go to tea, for it was five minutes past six, and passed the compliment to two or three people that were there, and asked them if they chose to drink a dish of tea; Hooker said, he did not care if he had one, and he went to tea in the parlour with her, and returned in about ten minutes, the parlour joins to the tap-room.

Did you drink tea with them? - I very seldom drink tea, but I did that afternoon, and saw him in the room.

Who else drank tea? - No person but my wife and Hooker, I took one dish without sitting down, Hooker and my wife sat down, nobody else, I do not imagine there was any other person in the place; the two young men, and the young woman went out of the tap-room, and came in again in about five minutes, where they were I do not know, that was before Hooker went to tea, that was not when Hooker was at tea; while Hooker was at tea, they were in the tap room.

Court. What had they with their tea? - Toast, my Lord, that I recollect particularly well, because Mr. Hooker took a piece, and the servant girl that was there was rather jocular with him, and said he would take all the toast.

Who made the toast? - I do not know.

What had the young men and the young woman while you was drinking this tea? - Nothing but the crank, I saw them have nothing to eat, Hooker was at tea about ten minutes.

What became of him after tea? - He came into the tap-room after he had been in the parlour to tea.

Did he drink any thing in the tap-room? - He might, I do not remember.

What time did he go away? - About five minutes before seven, the reckoning was paid, I do not know which paid it.

Did they go out together? - I do not recollect whether they went out together or not, a neighbour of mine, one Mr. Taylor, a box-maker, was sitting with him, and looked at the clock and said it was almost seven, and he would go home to supper, he sat on the right-hand side of the first box in the tap-room, Hooker sat the right-hand side fronting him.

You have a dial in the tap-room? - Yes.

Did he go away first or Hooker and his company? - Our dial was right, it is a good dial, Miller came in about a quarter or twenty minutes after five, Hooker came in before five: Miller had two or three pints of beer, nothing but beer, except some tobacco, I smoaked half a pipe with him and drank with him, nobody else was in that company but Mr. Miller and me, Hooker and these people sat opposite, I do know whether they talked.

Were there any other companies? - There might be people, but I do not recollect; the box is long, and there is a seat at that end, and a seat by the fire place, Hooker sat at the corner which is at the table: I have known the family of Hooker a great many years, but have only known the prisoner by sight.

Mr. Knowles. Your dial was a good going dial? - Yes.

You had had no complaints of it that day? - No.

How far is your house from Well-street? - I suppose it is about a quarter of a mile.

From the time that the prisoner Hooker came into your house to the time he went out of it after Mr. Miller, was he absent at all? - He was not absent to my knowledge out of the tap-room, only to go to drink his tea, he might go out for a minute, but nothing more, for I staid in discourse with Miller; Hooker's father is a man of very good character, the son is his apprentice , as to his character I know nothing of him good or bad, I believe he is a

wild boy, but I never heard any harm of him.

What conversation passed? - The day preceding the Sunday was the 5th of November, and there were a great many effigies about the streets, in the representation of Guy Vaux , and some unlucky hands had taken from the ninepin-ground behind my house one of the four-corner pins, which we call ninepins, and had burnt it in the fire, and he and me were laughing and talking of the impudence of the boy in burning the ninepin before the door.

Mr. Knowles. Are you going soon to college? - I expect a letter up every day.

Court. Did you join in conversation with Hooker and his company? - No, not particularly, I might, but I do not recollect any thing particular but this discourse.

ANN BELL sworn.

Court. Let Mr. Bell withdraw out of the other side of the court.

What is your name? - Ann Bell .

Do you know the prisoner Hooker? - Yes.

Do you remember his being at your house on Sunday the 6th of November? - Yes, the day after gunpowder treason.

Tell us what you know of it. - He came into my house about a quarter before five, it was before candles were lighted, I went in afterwards to my parlour adjoining my bar, and sometime after I went into the tap-room, and I expected my sister to come to tea, and I said, bless me, it is late, I do not think my sister will come, for it is past six o'clock, and I concluded to go to tea by myself, as she did not come; and returning out of the tap-room I saw young Mr. Hooker, and going out, I said, George will you have a cup of tea with me, and he said, I do not care if I do, Mrs. Bell, and I believe he did drink two or three cups of tea, and then he went into the tap-room again, and afterwards he went away, I do not know whether it was five minutes after or before seven, but I saw our hour-hand near to seven; ours is a very good dial, it was not wrong that day, there was one Mr. Miller, a neighbour of ours, a very good man, and of good family, was there; I know the prisoner's parents, they are very honest people, they bear a good character, the prisoner's employment is weaving or something in that way, I believe he works for his father, but I cannot particularly say, I am sure the dial was very right, it is said to be a very good dial.

Court. What time did the prisoner Hooker go away? - I saw him there pretty near seven, I do not know what time he went away, I went into my fore room, I only went into the tap-room to carry the candles.

Who was the young woman that was with Hooker? - I do not know, I saw a young woman and two young men; there were no young men drank tea with me but Hooker and my husband, I believe my husband might drink a cup of tea, I believe he did, he is not very fond of tea.

Did you and Hooker and he set down to tea together? - I cannot tell particularly whether my husband sat down, but Hooker did.

Did Miller drink any tea? - No, he was the next door neighbour, I cannot say what time Miller went away, after tea I saw Mr. Miller there, my sister's name is Foskett, No. 31, Russel-street, Covent-Garden.

Did you eat any thing with your tea? - Mr. Hooker eat a bit of toast, I very seldom eat any thing in an afternoon.

Was it toast or bread and butter? - It was toast.

JOHN MILLER sworn.

I am a box-maker, I live at No. 6, in Hatwell-street, Goswell-street.

Do you remember being at Mr. Bell's house on Sunday after gunpowder plot? - Yes.

Who were there? - George Hooker was there.

Court. What time did you go in? - I went in about half after five.

How soon after that did Hooker come in? - He was there when I went in.

Was any body with him? - There was one young man with him, but I do not know him.

Were there many other people besides him and his companion at the time? - Nobody but Mr. Bell and me drinking, to the best of my knowledge, I do not recollect any body else at the time when I went in.

How long did that young man stay there that was with Hooker? - It was seven o'clock before that young man went away.

Did Hooker go with him? - No, he did not go with him, he was in the house when I went away, they were both there when I went away, I do not know what time that young man went away, it was seven o'clock before I went away.

How much after seven? - It was gone seven, it might be five minutes before or after, I do not recollect, it was about seven but whether before or after I do not recollect.

Do you recollect any other people coming in after you came in? - I do not recollect in particular any other person.

Then you do not recollect any other company in particular besides Hooker, yourself, and the landlord? - No.

Did you join company with Hooker and his companion? - No, Sir, Mr. Bell and I had four pints of beer together, and a paper of tobacco, and after we had drank that I paid my reckoning and went in doors.

Did Hooker and his friends smoak with you? - No.

Did they drink any of your beer? - No.

What had they? - They were drinking something, I think it was crank.

Who drank with them, do you recollect? - The young man that was with him, nobody else that I recollect.

Now recollect as well as you can, whether you are sure that there were none of the other company drank with him? - I do not recollect that I saw any body.

Should you have recollected if there had? - If I had seen them, I should; there was Hooker and one other, but who that other was I do not know, I saw nobody else; that was all that was in his company.

Who was that young woman that drank tea with Mrs. Bell? - I saw no young woman drink tea with Mrs. Bell; she came and passed a compliment in the tap-room to George Hooker , and asked him to have a dish of tea with her, and he went out of the room and was gone ten minutes, or it might not be so much.

Did his friend go with him? - No, the young man that was with him never was out, he stopped in the tap-room.

Alone all the time? - Mr. Bell and me were together.

Then you kept the young man company while his friend was drinking tea? - No, I never kept any body's company but Mr. Bell's, he was in one box and I in another, and he sat in the box he was in all the time that George Hooker was gone to tea, I did not see the young woman that drank tea with Mrs. Bell.

Did you see any young woman in the tap-room? - Not to the best of my knowledge, I do not know that I saw any young woman.

How long might Hooker be absent when he went to drink tea? - Ten minutes, I dare say he was.

How long was he out any other time while you staid? - I do not know, to the best of my knowledge I never saw him out after that time, not that I took any notice off.

Where was Mr. Bell while Hooker went to tea? - Mr. Bell was drinking in the taproom.

With you? - Yes.

What were Mr. Bell and you drinking? - Porter.

Neither he nor you liked tea? - No, Sir, I do not recollect that she asked me particularly, but I did not take any notice.

Did Mr. Bell go to drink tea? - No, to the best of my knowledge, I do not recollect that he did go and leave me, without it was to draw a pint of beer or so.

Do you recollect what your conversation turned upon with Mr. Bell? - We were talking about one thing or another, I do not recollect any thing particular, I know it was the day after the 5th of November, but I do not recollect that we talked any thing about it, I do not remember any particular circumstance being mentioned that had happened the day before.

Had the boys had any bonfire before your door the day before? - Yes, they had; I do not recollect that they had any Guy Vaux .

Do you recollect talking how the boys had made their bonfire, and what they had put in it? - No.

Then you do not recollect talking about what the boys had the impudence to burn the day before? - Yes, he said they took a skettle out of his skettle ground, but I thought nothing of that, that was all I heard him say, I cannot say how many skettles.

Did you say anything when you went away? - I wished Mr. Bell a good night, and the company that was there; I took notice that it was near seven when I went into my house, it might be five minutes before or five minutes after, I do not know, I said, I was going home to bed, I wished them all a good night and I went to bed.

Did you sup at Bell's? - No, I did not eat any thing after my dinner.

Then you did not say it was almost seven o'clock, and time for you to go home to supper? - No.

How long have you known Hooker? - I have known him about a fortnight or three weeks, only seen him three or four times at Mr. Bell's; I did not know the lad that was with him, I am sure I left them both there when I came away; I saw nobody drink with them; they were both there when I came in.

Jury. Do you know Mr. Bell's parlour at all? - I have drank in the parlour.

Is it a fore room or a back room? - It is a front room.

How many doors into it? - Two doors, one out from the bar, and one from the passage.

Court. Can you be particular how long Mrs. Bell and Hooker were at tea? - I cannot tell how long they were at tea, he was wanting about ten minutes, I do not think it was more than that.

Do you know Well-street? - I do not know that I do.

Do you know Jewin-street? - Yes.

How far is Jewin-street from your house? - I think it is half a mile.

Lisle. This Bell kept an exceeding bad house.

Mr. Garrow, Prisoner's Counsel. What may you be? - I am a carpenter.

Is that your only business now? - No, I was at the apprehending Bates.

Who was it that you would have been bail for at Clerkenwell the other day? - One Mr. Connelly.

You are a master carpenter? - Yes.

Do you keep any men? - No, Sir.

Where is your shop? - My shop is No. 45, White-cross-street; I am constable of Cripplegate ward.

Appointed by whom? - I served in my right twelve months to-morrow.

You keep your deals and things at No. 45? - No, Sir, I do not keep them all there, some at Mr. Smith's in Beech-lane, I have dealt with him lately.

Is Mr. Bell's house within your jurisdiction? - It is very little distance.

Have you made any presentment of this house? - I dare not go to his house, it is not in my ward.

Have you to the officers of the ward? - I did not trouble my head about it.

Mr. Bell. It is whispered that my house has lost it's license, but it was a sixth or seventh license, granted without a single objection, the last licensing day it was granted; there is not a constable belonging to the division, that can say they were ever ill used, when they visited my house; they came in many times, and never took a man out.

Who is your landlord? - Mr. Meukes.

Is your house in London or Middlesex? - It is in Middlesex.

Court. How long was Hooker and your wife at tea in the parlour? - About twenty minutes, as near as I can recollect.

Did the two young men and the young woman that were in company with Hooker, stay all the time that he stayed? - They went out and came in again, but that to the best of my remembrance was before he went to tea.

Then while he was at tea, the two young men and young woman were together in the tap-room? - Not together, because the benches were apart, and not both together, in the same room.

Do you mean all this time only to say that the two young men and young woman were in the room, were they or were they not part of his company? - Yes, they asked one another how they did.

Did you and Mr. Miller mix any conversation? - No conversation that I recollect, a word might pass, we sat no nearer than as the tables I represent; and they are near enough to speak.

What sort of young woman was this that was in company? - I cannot recollect the young woman, I never saw her or the two men before.

Was she tall or short? - She was rather shortish, much about the size of my wife, she might be taller or shorter, I do not recollect.

Tolerably decently dressed? - No ways tawdry.

Then you do not recollect the conversation that passed between the woman and Miller? - I do not recollect any, if they spoke it was while I went backwards and forwards out of the room, Bates was not in my house, nor had not been for a fortnight or three weeks.

Court to John Clarke . I see you are here accidentally: do you know Mr. Bell's house? - No, my Lord, I never was in the house, but there were once some coiners taken out of this house.

Bell. The stair-case goes at the back of the street door, and a man gave a woman a bad half guinea to lie with her all night, the man was taken up for tendering this bad half guinea to the woman; and Mr. Silvester was counsel, and I there appeared like a man to prosecute; there never was a man for a felony in any respect, taken out of my house; I have never been convicted of any gaming, or serving in service time, or any thing of the kind.

(For the Prisoner Bates.)

DANIEL JENKINS sworn.

I live with Mr. Davis, the keeper of the Borough compter; I am the turnkey, I know the prisoner Bates.

Have you ever had him in custody? - No.

What do you come here to prove? - He came to see a prisoner at our prison, in the dusk of the evening, on the 6th of November, which happened to be on a Sunday evening.

How came you to remember the day? - That day he had a nosegay in his bosom, and Mr. Davis himself saw him come in; says he, this is not a day to wear a nosegay, it is next Thursday, we had lost a prisoner just before, and were very particular in persons coming in and going out.

Why was he to wear a nosegay next Thursday? - I suppose his meaning was because it was hanging day.

What time did the prisoner come to the compter? - Between four and five o'clock, I cannot positively say to a minute.

When did he go away? - I cannot possitively say the time he went away, he stayed there some considerable time and had several pots of beer, he went away by candle-light, it might be seven o'clock, but I cannot undertake to say when it was.

Can you venture to swear it was six o'clock? - No, I cannot swear that; I cannot swear to any time particular.

Do you know any thing more? - Not at present.

SUSANNAH HUMPHRYS sworn.

I am a milliner, I live in East-Smithfield.

Do you keep any shop? - No, Sir.

A chamber milliner? - Yes.

Are you married or single? - No, Sir, I am not married.

What do you come here to prove? - I went over the water to see a young man that was in the Borough compter, on the 6th of November.

What day of the week? - On a Sunday, and while I was there, the prisoner Bates came in to see the same young man that I went to see.

Did you know the prisoner before? - I never saw him before.

What time did he come? - About five o'clock, as nigh as I can recollect:

What time did he go away? - About a quarter after seven, or ten minutes, I cannot tell to a minute.

How did you know the time? - There was a gentleman with me, one Mr. Kelly, who is gone to to sea; and I asked him the time, and he said, it wanted five minutes of seven.

How came you to ask him what o'clock it was, when the prisoner went away whom you never saw before? - The prisoner was there then, when I asked the gentlemen what o'clock it was; the prisoner had another pot of beer after that.

You did not know the prisoner before this? - I never saw him before.

Did you know his name at that time? - No.

Had you and he any conversation together? - No farther than drinking with the person he went to see.

Did he or you go away first? - He went away first, it was very nigh eight o'clock when I went away; I never saw him before, and did not know him, nor he me.

Did he call you by your name? - No.

Then how came he to fetch you here? - His mother came to me, the young man who was in the Borough compter knew my name.

Who is that young man? - His name is William Bradley .

Is he there now? - No.

Where is he? - I do not know.

Court to Jenkins. What is become of Bradley? - My Lord, he was at our house at that time for an assault, and discharged the next morning.

Do you remember this woman being there? - Yes, very well, and the young man that was with her, which I let out at eight o'clock; for we turn out all the strangers at eight o'clock.

Susannah Humphrys . I was subpoenaed by Bates this day week as near as I can recollect.

Court to Mr. Akerman. What day was there an execution? - It was the day after Lord Mayor's day.

The Jury withdrew about ten minutes, and returned with their verdict,

BOTH GUILTY .

Each transported for seven years to Africa .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-87

87. HENRY LANTWARE was indicted for feloniously stealing, on the 10th day of December , ten sufflee prints, made of wood and brass, value 5 s. the property of John Preston .

NOT GUILTY .

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

Reference Number: t17851214-88

88. BENJAMIN SPICE was indicted for that he, and John Page , and divers others, to the number of three persons and more, on the 24th day of April last, at Maidstone, in the county of Kent , being armed with offensive weapons, to wit, divers bludgeons, clubs, sticks, and hop-poles, unlawfully, riotously, routously and feloniously, did assist in rescuing and taking away from Thomas Brock , one of the officers of Excise, four gallons of geneva, being uncustomed goods, and goods liable to pay duties, which had not been paid or

secured, after seizure of them by the said Thomas Brock .

A second Count, For that he, together with the said John Page and the other persons, on the same day, and at the same place, being so armed as aforesaid, unlawfully, riotously, routously, and feloniously, did assemble, and being to assembled and so armed, did aid and assist certain persons, whose names to the Jurors are unknown, in rescuing and taking away from the said Thomas Brock , then being such officer of Excise, four gallons of foreign geneva, being uncustomed goods, and goods liable to pay duties, which were not paid or secured, after seizure by the said Thomas Brock .

A third Count, For that Thomas Brock being officer of Excise, on the same day, and at the same place, did duly seize four gallons of geneva, being uncustomed goods, and that he, together with the said John Page and other persons, on the same day, being armed with divers large sticks, bludgeons, clubs, and hop-poles, unlawfully, riotously, routously, and feloniously, did assemble, and being so assembled, and being then and there so armed, they unlawfully, riotously, and routously, were aiding and assisting, in rescuing and taking away, the said last mentioned geneva after seizure thereof by the said Thomas Brock , against the statute.

The Case opened by Mr. Attorney General.

May it please your Lordship, and you Gentlemen of the Jury. This is a prosecution against the prisoner, for an offence against an act of parliament, that has been passed so long since as the 19th of Geo. II. and Gentlemen, it is a lamentable consideration, that it has been necessary for the legislature of this country, from time to time, to make laws more and more severe, against those persons who openly, and violently resist the laws of their country, and resist them in a manner which calls for resistance again, even to the risque of the lives of the persons employed in collecting his Majesty's revenue: Gentlemen, I am extremely sorry that ever these laws were necessary, I am much more sorry that it has of late been so frequently necessary to call for their execution, it is now come to such a pass, that if the law will not protect the officer, nothing but ill-will, and everlasting battles must ensue, between the officers of the revenue, and those that are concerned in defrauding it: you have heard of many of these affrays, most of them have been attended with bloodshed, and if the laws already enacted are not sufficient, it will become necessary to have recourse to force, and the laws must be put into execution by that which every civilized state would wish to avoid: it is to avoid that horrid alternative, that these prosecutions have been begun against persons acting in this outrageous and tumultuous manner: it is to save the lives of persons of his own description, and hereafter to protect the lives of his Majesty's officers, and to preserve the laws that were originally made, that this prisoner is now brought to the bar: Gentlemen, I do not expect you will convict the prisoner under these laws, unless upon the evidence adduced, he clearly falls within the guilt of breaking those laws: I will state to you very briefly, and very fairly the evidence I have to offer, I will state to you the act of parliament, the meaning and construction of which, in point of law, you will receive from the Bench; you will take this into consideration carefully, together with the facts that will be given in evidence, and coupling the facts with the law, you will decide whether the prisoner falls within it; that is your province; it is mine to state the law, as I humbly conceive it to be: I am instructed that he certainly is guilty of the offence described in the indictment, which is stated as the offence of being tumultuously assembled with others to the number of three or more, armed with offensive weapons for the purpose of rescuing and taking away from the officers of the Excise several goods, the duties of which had not been paid or secured; it is likewise charged not only that he was assembled for that purpose, but that he likewise, with three other persons

so armed, actually did rescue from the officers of Excise such kind of goods. Gentlemen, the act of parliament of the 19th of the late King, begins with reciting

"that whereas divers dissolute persons have

"associated themselves, and entered into

"confederacies, &c. to the loss of the public

"revenue, and whereas several several

"officers of the Excise," &c. for remedy of these evils, it enacts

"that after the 24th

"of July, 1746, any persons to the number

"of three or more, armed with fire arms

"or other offensive weapons, who shall be

"aiding or assisting, &c. every such person

"shall be guilty of felony, without

"benefit of clergy;" so that you see the offence described in this act of parliament, is that of being assembled to the number of three or more armed with fire arms, and rescuing, or endeavouring to rescue, such goods as are described in the indictment: this being the law, I will now state the facts: it will appear to you, Gentlemen, that on the 24th of April last, one Thomas Brock , an officer of the Excise, called to his assistance two other officers, named Burdett and Carter, and they planted themselves in an orchard, near to the Roebuck, where the goods were to pass by: Brock remained in the lane, the two others went into the orchard; they had not been long there, before Carter saw two men come out of a cottage that joined the Robuck, and come into the orchard loaded with tubs that were flung in such a manner, as the witnesses will describe, which I understand is the usual way they carry geneva or other liquors, for the convenience of throwing them over horses or over their shoulders; he immediately called out, throw down your tubs; Brock called to them, one of the men run away, and the other attempted to secure them; however, he was more than a match for them, and he escaped, and they secured the two tubs; upon this they went with the two tubs into the lane, and there Carter seeing six or seven men in the lane, he was ordered by Brock, to go and see if they had anything with them; he went, and they had not; he heard a whistle, and coming back from these men he found Brock engaged with eighteen men, of whom the prisoner was at the head, with large sticks, such as the handle of a fork that is used in stables, and hop-poles, and at the head of them, the prisoner, who was at that time levelling a blow at Brock, he did not strike with one hand, but was seen striking at him with both; the prisoner called out, it is Brock and his crew; upon which the officer told them they should not have the tubs, to which the prisoner replied you may be d - d, and swore if they did not leave the tubs, they would murder them; upon this a scuffle ensued, and the officers of Excise found the smugglers were more than a match for them, after considerable struggles, and several blows had been aimed at the officers of Excise by some men, Carter and Brock who had got fire arms with them, told them, that if they did not desist, they must fire, and he said they might fire and be d - d; upon which he gave orders to those men to fire, and that man did fire, which is a strong circumstance to shew how active the prisoner was; the only person wounded by that shot was the prisoner, who will appear to you to have been very much wounded; they at last took the resolution of abandoning the tubs, and only staved one, and tasted it to know what it was, they went away: Gentlemen, this is the evidence; it is necessary first of all, to prove that they were assembled to the number of of three or more; next that they were armed with fire arms, or other offensive weapons; and my Lord will tell you his meaning respecting the words of the act of parliament, concerning offensive weapons, it is impossible to give any definition what should constitute an offensive weapon within this act of parliament; I humbly contend, and, I think, contend with the concurrence of the learned Judges, who have tried these kind of causes, that the meaning is such a kind of instruments as were peculiarly proper for resistance and assault, and such

as men engaged in the ordinary business of life, ought not, and would not take along with them, such as they had for the purpose of resistance, such as was proper for it; it seemed to be the unanimous opinion of a learned Judge lately on the Bench, that that was the meaning of this act of parliament; that if a man had but a common walking-stick, or a common whip, such as men ordinarily carry, though he might accidentally, or though they might be made use of to the degree of offence, yet in considering this act of parliament, those were not the kind of weapons, and it was necessary they should be such as were used for the purpose of offence: now, Gentlemen, it will appear that by much the greatest part were armed with what could not be used for any other purpose than offensive weapons, and that the prisoner had himself (though it would have been sufficient if he had been with three other persons at the same time, for I should have thought it would have been carrying it a long way, to have said in such a case, that he himself was not so armed) but he himself had a weapon of the nature which is described; I cannot produce to you the weapon itself, but there will be produced to you, a weapon of the same nature, which the witness had from smugglers, and which is the same sort of weapon used by them: It is not that sort of stick which men usually carry, because the method of using it required two hands to use it: Gentlemen, this will be the evidence that will be laid before you, if the prisoner does fall within the act of parliament, and I prove this case, as I am instructed I shall, it will be your duty to find him guilty: I should be most happy to find these offences were not committed at all, but as they are, I should be happy if the examples made might prevent that dreadful scene which I am affraid will happen, if these laws are not protected: I am sure you will give it that attention you ought to do, I am sure you stand indifferent to both parties, and I am sure to both you will discharge your duty.

THOMAS BROCK sworn.

(Examined by Mr. Solicitor General.)

What was your employment in April last? - An Excise officer, at Maidstone outside.

Was you in the execution of your duty, on the 24th of April last? - I was.

Who was in company with you in the execution of your duty on that day? - Gabriel Joseph Carter , and Godfrey Burdett were with me.

Are they officers too? - One of them was a distiller's assistant at Maidstone, at that time, the other was a person on a visit at my house at the time, an officer's son.

What happened to you in the course of your duty on that day? - On the 24th of April in the afternoon, they were both at my house, and I requested their assistance to go with me on that day, as I expected some goods would come on the road towards the Roebuck; we arrived in an orchard adjoining the Roebuck about nine at night, Mr. Carter and we were all in the orchard together, Mr. Carter was on that side of the orchard that the Roebuck was on, when he came to the bottom of the orchard he discovered some people, I was at the bottom of the orchard also, and I went to the road, and I heard some people in the road, the orchard was close to the road adjoining, I heard some people in the road, and I thought it was Mr. Carter, which caused me to go into the road, then I heard Mr. Carter say, lay down your tubs, or down with your tubs, at the same time Mr. Carter called out Brock, I was with him as soon as he could speak, and caught a man hold by the collar, who stood near to the tubs.

How many tubs were there? - Two.

What are tubs? - They are four gallon casks.

What sort of appearance have they? - There were sling cords upon them, which is a small cord, a three braided cord to carry these tubs; in the scuffle he broke loose from me, he slipped under the rail,

I had hold of his frock, and he being too strong for me, jammed my hand against the rail, and I was obliged to quit my hold; before I heard Carter call out Brock, I heard these people, that I took for Carter.

Did those persons say or do anything that you mistook for Carter? - Not then, after the man made his escape from me, I took the tubs over into the road, and Mr. Carter immediately followed me; I asked Carter and Burdett to go up the road in search of more goods, and they went up nearer to the Roebuck, and left me with the tubs, and they soon after returned back with some people following them, who swore they should not have the tubs.

How many people might there be that followed Carter and Burdett when they came down to you, those people that were following them? - Why, there were, I believe, eighteen or twenty, and those persons that were following them at first, there were eight or ten, they increased directly, then I left the tubs ten or a dozen yards off, and joined Carter and Burdett, apprehending that there would be a riot.

Did you hear anything particular before these people came up to Carter and Burdett? - I heard a noise in a house, it was but a small distance, the Roebuck is by the side of the road.

Between the time that this man escaped from you, and the coming up of these eighteen or twenty persons, did you hear anything particular that struck you at the time? - I heard somebody say it was Brock and his men.

Did you hear any further expression, or anything else at the time? - I heard somebody say, it is Brock and his men, d - n their eyes, they shall not have the tubs; when I was in the orchard, I heard somebody make a soft kind of a whistle, and I thought it was Mr. Carter.

Was it before or after you saw the men, that you heard this whistle? - I had seen nobody when I heard this whistle.

Then when was it that you heard these expressions? - When they were following Mr. Carter, and coming down the road.

When these men came up, and you had an opportunity to see them, had they any thing with them? - Great sticks, large sticks.

What number of them had large sticks? - About five or six, the highest comparison that I can make of the sticks, is I believe, they may be about four or five feet long, and something smaller than a pitchfork shaft.

What did they then do? - They began to threaten, and swear that we should not have the things, repeating that it was Brock and his men, and d - d their eyes, that we should not have the tubs; and they d - d their eyes, if they cut them, they would murder them.

Did you know any of these persons? - I know but one, the prisoner Benjamin Spice , he had a large stick, which I fended off with a sword that I had in my hand, it was similar to the fork shaft, I verily believe it was four feet and a half; I warded it off.

How did he use this stick? - He used it with both his hands, it was a stick of that length that he could not use it with one hand.

In what manner did he use it? - He struck at me, but I kept it off with my sword, and Mr. Carter he fell upon him very rapidly with a short stick, it might be something bigger than this stick I have in my hand, (a common walking stick); the sticks the other persons had were considerably bigger, after Mr. Carter had knocked him rather down on the side of the bank next the Roebuck orchard, I told him them, if they did not desist we would fire upon them.

What did you and Carter and Burdett do with the tubs after this? - Spice, after he got up, retreated back in amongst the rest that were behind, and they went into the hop-yard after that, and got some hop-poles, I am not able to say how many.

How many might they amount to before they retreated into the hop-yard? - I believe there might be about eighteen or twenty, they were all assembled.

What number of them were prepared with sticks by such time as these went into the hop-yard? - I believe about five or six, and I heard the others break off the poles to provide themselves with sticks, then we returned back to the tubs in the road, which were not above ten or twelve yards off, I took them up, and I advised Carter and Burdett to stave one of the tubs, as I told them I thought it impracticable to carry them off, and I wanted to see what sort of liquor it was.

Did you so stave the tubs? - Burdett cut the hoops asunder, and I took hold of the tub, and it ran all down my breeches.

What was this liquor? - Holland geneva.

You tasted it? - I did.

What happened after the staving the tub? - They still pursued upon us very rapidly, and I told them the consequence would be, if they did not desist, I would fire upon them.

How were they armed then? - With these sticks that they got out of the hop-yard, and those they had before, I believe they all had sticks, I cannot particularly speak to every man.

Was the prisoner among those who so came among you the second time? - He was.

Did they use any expressions this second time? - They cried we might fire and be d - d, we used every effort to get away before we fired, but we found it impracticable.

Court. How near might they be to you at this time? - Some of them about a dozen or fourteen yards off, some more.

What passed afterwards? - They still kept threatening us, I ordered Burdett and Carter to fire.

How did they threaten you? - Swearing they would be d - d if they would not kill us, and that we should not carry the goods off.

Did the prisoner at the bar use any of those expressions that you speak of? - I cannot say whether he did at that time, it appeared to be all in one voice, and they all joined, we could not distinguish one man from another, but the first time Spicer said himself we should not have it, he said he would be d - d if we should take off the goods, that was at the first time; judging it impracticable to get away, I ordered Carter and Burdett to turn about and fire upon them.

Were they following you at the time you were running in the manner you describe? - Yes; accordingly they both fired at them with pistols.

What was the consequence of this firing? - They did not seem to stop, they still pursued us, and Carter called out to me why do not you fire? and I immediately fired.

What was the effect of your firing? - The effect of my firing seemed to stop them, I heard somebody cry out when I fired; I cannot pretend to say who it was; I have heard since that when I fired, I shot Spice, then we all three made our escape, and they kept throwing their sticks at us.

How soon after this did you see the prisoner? - The next day.

Was any one of the name of John Page there? - I cannot speak to him, I only knew the prisoner at the bar, I saw the prisoner the day after at the Roebuck; there were some people in the house and they exclaimed against me for my cruelty for shooting, and Spice himself complained and shewed me his wound.

Where was that wound? - Somewhere about the lower part of his belly, it appeared to be a side shot.

What it had slanted along the lower part of the belly? - Yes, he told me he was shot in the foot too, but I did not see that, he was set on a bench easing his foot, and at that time I gave him sixpence.

Mr. Garrow, Prisoner's Council. What sort of a night was this? - Rather cloudy, the moon was at full.

Five or six persons when you firs t saw the body had sticks? - Yes.

What sort of sticks, were not some of them common walking sticks? - I never saw farmers walk with such sticks to my knowledge.

Had you an opportunity in the darkness of the night and the violence of the affray to make the distinction? - I do not remember that ever I saw a farmer walk with such sticks.

Were the whole of the five or or six like the stick that is to be produced? - I think so.

The retiring into the hop-ground and getting the hop-poles was a conclusion of the same business? - Yes.

You was at that time in the service of the revenue? - Yes.

How soon after was you discharged? - In July.

Upon what account pray? - Why I was discharged when the act took place, the act for staving of liquors, there were no goods sold to produce any money for the officers, and those that were at great expences, as I was, were very much distressed, and necessity, which was the mother of all inventions, obliged me to part with some part of the goods, which I ought to have staved, and for that I was discharged.

Now this is a very moderate way of stating that you had defrauded the Revenue? - I had no orders to stave the goods, although the provision of the act is, that they should be staved, they are not staved.

It was for bad practices in your duty as an officer.

Court. He has told you the fact.

How soon afterwards was you restored? - I have not been restored.

Did you not apply to be restored on convicting this prisoner? - I never did any such thing, nor never made any application, if I can get any employment in the Revenue, I shall be very happy to have it.

Upon your oath, do not you hope it? - I cannot foresee.

I ask you what you expect and hope? - I believe this, whether he is cast or whether he is not, that neither one thing nor the other will be in favour of me.

Did not you give the information in hopes of being restored to your office? - I gave the information the day after the transaction, before I was discharged; I acquainted my supervisor with it that very night.

Did you charge the prisoner by name on that very day? - I did not, I did not know the prisoner's name although I knew his person, I only knew him by living with a miller.

How soon did you acquire the pleasure of knowing his name? - The day but one after, it might be two days, I told the supervisor about two or three days after, I told him I knew he was a servant to a miller.

You had learned his name then? - As soon as ever I had learned his name I acquainted the supervisor, when I first told my story I did not know his name.

These men were engaged in battle with you who had a superior force? - Yes.

Did any of these people attempt to lay hold of the goods? - I did not see them.

They were beating you, but not attempting to lay hold of the goods? - I did not see them at all lay hold of the goods themselves.

Mr. Silvester. Did you describe this man to your supervisor the next day as well as you could, that is, that he was a miller's servant? - I gave all the information that lay in my power.

Then as soon as you learned his name, you communicated that also? - Yes, the board was acquainted with it in the course of three or four days.

Had you any reason to fear you should be dismissed at that time? - No.

Mr. Attorney General. There is an act of parliament that gave to the officers an half of all that was seized, and last session but one an act passed, that all the spirits which the officers were entitled to, should be staved after condemnation, the act has not been hitherto executed, but the officers have hitherto been kept out of any reward at all.

What is the meaning of having them staved? - To prevent the introduction of foreign spirits, and to encourage real ones; not one seizing officer has got any thing this year and a half.

Mr. Garrow. I wish the jury to recollect that this man, for offending an act of parliament, and a very modern one, was turned out of his office.

GODFREY BURDETT sworn.

I was on a visit to Mr. Brock in April last, at his house, I am an officer's son, not an officer; on the 24th of April last, we went to the bottom of the orchard, and when we came to the cottage house I heard Carter say, down with your tubs, I directly retreated to the bottom of the orchard, I saw Carter and Brock have hold of a man, and Brock came back and said, there are some more men in the road, Carter and me went up to the Roebuck and turned back, and a man followed Carter and us, some blows passed between Carter and Brock and the man got away into the road, I did not rightly see him, then we went into the road, and Carter and I directly went up towards the Roebuck, thinking to meet more as we saw some men up the road, I cannot tell the number that were there then, more gathered together after to the amount of eighteen or twenty, a man followed Mr. Carter and I down, he swore we should not have the tubs, I cannot tell who he was, there were more men behind him that were up the road, some blows passed between Carter and the foremost man, and then they directly cried out, it is only Brock and his men, and they directly jumped into a hop-garden and broke down the poles, and came over into the road again.

Had these people you saw when you first went up, or had they not any sticks before they went into the orchard? - They had sticks, very large sticks, such as the footpads walk with.

What size might they be? - About the bigness of a fork stave.

Do you know how many people you saw at first? - I do not.

Were there more than three? - Yes, six or seven.

How many of these six or seven were armed with sticks? - I cannot tell, more than three or four had sticks, one man came rather before the rest, swearing we should not have the tubs; and he struck with a stick at Mr. Carter, and Mr. Brock; and Mr. Carter knocked that man down, whoever he was, on the bank; I did not know any of the men, I was quite a stranger to the country; after that they said it was only Brock with his men.

What did they do then? - They went into the hop-yard for the poles, then they came into the road again, and cried d - n their eyes murder them; and then Brock said he would fire on them, and they said, fire on, and be d - d; directly Mr. Brock ordered to fire, and we did fire; my pistols were loaded with slugs, and the others with balls, and they cried fire on, and be d - d; after that Mr. Brock turned and fired his pistol, then we were forced to retreat, and they threw their sticks at us, and one of them hit me on the arm and leg.

Mr. Garrow. There had been a scuffle between the officers and men, who were carrying the casks? - Yes, when I came down, that was in the orchard of the Roebuck.

How many yards off the house? - About ten or twenty yards.

Did you make a great deal of bustle in that scuffle? - No, not much, I was not down at first; I heard Carter say, down with your tubs.

GABRIEL JOSEPH CARTER sworn.

I was in company with these witnesses.

How were these men armed? - These are in general the sticks they carry with them.

(Produces a stick five feet in length, and about four inches round, with a spike at the end.)

Were the sticks of this size? - Yes, similar to that.

You will not swear they had spikes? - I cannot possibly swear to the spikes.

In what manner was he striking? - With both hands, when I closed in upon him.

Are you sure that was the man? - Yes, I know the man perfectly well, he was by himself at that present time, but there were some more coming down the road, they swore at us pretty roundly, they d - d my eyes and limbs, and said I should not have the goods.

What were the goods? - Tubs, one with Hollands geneva.

Mr. Garrow. It is my duty to submit to your Lordship, that the prisoner ought not to be called on for any defence. The first Count in the indictment states, that the prisoners, together with other persons, to the number of three or more, did assemble themselves together, with intent to rescue the goods, and that being assembled, they did rescue; now every other assembling, except that with intent to rescue the goods, I take to be clearly bad; the first objection I would make to your Lordship is, that there is no proof in this case, of that which is a necessary ingredient in it, namely, assembling with intent to rescue; I state the authority of Mr. Baron Eyre, who laid down this law, that though it appeared that the parties did assemble, if they came together without a preconcerted design, that would not satisfy that indictment; now here it is manifest that these men, of whom the prisoner is taken to be one, were drawn out of some place at which they were not assembled with any such preconcerted design or intent: in the two other counts, they have not charged any assembling with such intention: I have another objection still less capable of answer; this charge is not for assaulting revenue officers in the discharge of their duty, this is a charge of assembling with an intent to be assisting in the rescuing of goods, and assisting in that rescue, and in every count of it, it goes on to state this, which the act of parliament renders indispensably necessary

"uncustomed goods liable

"to pay duties, &c." I ask with great deference, what proof there is of this fact? it is not because some liquors are carrying, upon which perhaps the duties were paid, and carrying without permit; that will not satisfy this act of parliament; but the Crown must prove to the satisfaction of the Jury, that these goods neither had paid the duties, nor have the duties been paid: in all the cases hitherto, there has been a sentence of the condemnation from the Exchequer, wherever we have been called upon for a defence: you must be satisfied plainly and indisputably; it is clear from the nature of the thing, the defendant is supposed not to be one of the persons carrying the goods, but he is supposed to be one of the persons coming in for the purpose of the rescue; perhaps it may be said, you are calling for what is impossible; to this I answer, that if the officers had acted with that firmness, which the law presumes he will act, backed by that force which the law calls into his aid, these goods might have been stopped and condemned, and the proof of that condemnation ready; but standing as this case does, the act of parliament requiring, and the indictment alledging, that they must be uncustomed goods, I submit it is impossible that the indictment should be supported: in the other two counts, it is not laid to be with intent to rescue.

Mr. Attorney General. I submit this is a case to be left to the Jury, on the first point, the first part of the act is, if any person shall be aiding or assisting, in the rescuing and taking goods, or in case any person so armed as aforesaid, shall be aiding and assisting, therefore it is first charged that they assembled in order to be so aiding and assisting; then the second count is, that being so armed, they assembled for so doing; then the third count is, that they did so; now Mr. Garrow says, these persons were not assembled with that view, but that accidentally they did it; it is to be sure a matter of fact for the Jury, whether two men with these goods, which afterwards proved to be Hollands geneva, which goods are afterwards taken from them by the officers of Excise, there being

some whistle immediately afterwards, and more people made their appearance, six or seven men with the prisoner at their head, and crying out it is Brock and his men; and swearing by God, they would have the goods; if that is not evidence to be left to the Jury, I profess I do not know what is; I think it is very strong evidence; then with respect to the other point, it is astonishing it should be said, that in all cases, we must prove the condemnation: why, if the goods are rescued, you cannot prove the condemnation, wherever they can be condemned we would recur to it: the evidence is, here were two tubs, that they found it not in their power to rescue from the Excise officers, and that they destroyed one in order to taste it.

Mr. Justice Willes. Mr. Garrow has taken two objections to the first count of this indictment, and a general objection to the second and third count; first he says, it will be necessary in order to convict the prisoner, that this assembling together must appear to be with intent or in order to rescue the goods; he thinks there is not sufficient evidence of intention; I admit his law that there must be sufficient evidence, but it is to be left to the jury whether there is such intention: now it does not appear to me to be casual meeting, but it must now be left to the consideration of the jury, whether under all the circumstances of the case, they should or should not be of opinion that this was for the purpose of rescuing the goods: now from the number of people, the arms they made use of, their threats, their execrations on the subject, that is a matter to be left to the jury, whether they did assemble to rescue these goods, agreeing with his law, that there must be proof of assembling to rescue these goods; again he says, there is no proof of their being uncustomed goods, there could be no condemnation, you cannot be put upon that cannot be given: as to the other point, I think that is to be left to the Jury, how far these appear to be uncustomed goods, for which no duties were to be paid; for you see these are the sort of tubs used by smugglers; therefore I leave it to the Jury.

MARY MAKTIN sworn.

Mr. Silvester. Have you been in Court all the time? - No, just now called in: I live at Maidstone, I keep the Roebuck, which is almost a quarter of a mile from the town, I remember Spice being at my house on the 24th of April, between the hours of seven and eleven.

Mr. Garrow. In what condition was he as to dress? - I do not remember particularly, he was in a riding frock.

What was he doing in the house before he went out? - Nothing, Sir, he was sitting by the fire.

Do you remember the time that he went out? - Between nine and ten.

What took him out? - Hearing a noise.

Did you hear a noise? - Yes, he went out, I saw him go out.

Had he any thing in his hands? - Nothing at all.

Had he such a stick as this in his hand? - No, Sir, he had nothing at all, I saw him get out of the chair, and go out.

Had he boots on? - He had half boots on, I saw him sit by the fire before he went out, with his boots unlaced, he lodged at our house almost twelve months.

What time does he usually go to bed? - About ten.

Was there anything particular that kept him up later than usual? - I had been up at the town, and I had carried away the key of the wicket, which led to his room, he seemed when I came back, as if he was rather sleepy, I came home near ten, we heard a noise, and went out after it, we went as far as the door, and we heard the report of a pistol, that very much alarmed me indeed, and in less than five minutes Benjamin Spice returned shot in the foot.

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

Reference Number: t17851214-88

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the Country of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 14th of DECEMBER, 1785, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. THOMAS WRIGHT , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. 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.

MDCCLXXXVI.

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 Benjamin Spice .

Do you remember seeing Brock the officer the next day? - Yes, he came into my house.

What did he do there? - He came and had some gin, he gave some to the prisoner.

What business is the prisoner? - A husbandry man .

What character does he bear? - A very good one.

Is he an inoffensive, harmless man? - Yes.

During that time, has he been one of a gang of smugglers or not? - Not that I know of, I think I should know of it if it was so, he kept very good hours.

Mr. Attorney General. I suppose you do not know of any smugglers that came to your house? - No, Sir, not that I know off.

How often had people been stopped about your house, in this orchard? - There never was any that I know of.

Who were the two men that had the tubs? - I do not know, I did not know they were there, they did not come from my house, I cannot tell where they came from.

Remember you are upon your oath? - I am.

How many men were at your house at that time? - I cannot tell.

Was it full of people? - No.

Was there ten people? - I do not know.

Was not there twenty at the time he went out? - There were not, nor yet ten, I think I can safely swear there were not ten.

Do not you know there were more on the road near your house? - No, Sir, I did not, I heard a noise and went out, we were very whist, and we heard a noise all in a minute.

Who was in the house at the time with the prisoner? - There was a boy.

What is his name? - Robert Hyde , there was the maid, she is here now, and a little boy of mine about eight years of age; there was one gentlemen that is here, Mr. Munn, I do not recollect any body else, I swear there was not a great many; I heard no noise in the orchard, I saw nothing as I came home, I heard nothing of any gin that was to come that way.

Will you swear that when you came home that night, there was not a great

many men about your house and orchard? - I will swear it.

Then you went out? - Yes, the prisoner might be about twenty roods off, when the pistol went off, I heard a talking, I saw no more, then I went out from the house, I did not see him, but in a very few minutes he returned back shot; there is a hop garden opposite, I heard nobody go into that, I do not know any body went in, I heard the noise of several people.

Did any of them come back? - Nobody came back with him, he returned alone, he had no stick when he went out, nor when he came in; I saw nobody come back that night, when I looked into the road, I neither saw him nor any body else.

Had you any such stick as that in your house at the time? - No.

How many pistols did you hear? - I think there were three; I think I must have heard any body that went into the hop garden, I saw no more at all that night.

ELIZABETH CHEAVERS sworn.

I am servant to Mrs. Martin, and was so on the day that Spice was shot; in the course of that evening, he came in very early, and enquired for the key of the wicket to go to bed, I went to look for it, but my mistress was gone to town, and she took it with her, he continued till my mistress came home, and went into the bar-room with some other company; I was alarmed at some noise in the road, and I went out, and he went after me, it was some time after my mistress came in, and I was met by Mr. Thomas Brock , the prisoner had unlaced his half boots, and pulled his garters off; when Brock came to the door, he shoved me on the left shoulder with one hand, and hit me on the left shoulder with a sword, and said, d - n your eyes come out, he then took his hand off my shoulder, and forced open the door, he set one one foot in, and said, d - n your eyes come out; Spice was in the passage at the time; then Brock run out and Spice followed him, I was sitting on the steps at the same time.

Had Spice any stick in his hand when he went out? - He had no weapon when he went out, nor yet when he came in; he went out with his garters in his hand and his boots unlaced, and in less then three minutes, I saw the flash of three pistols, and in three minutes after I heard no noise.

Did any number of people go out with them? - None went out with them, but the gentlemen that were there were going out, but returned back at the hearing of pistols; he said, he fancied he was done, and I asked him what was the matter, and he said he was shot, when he pulled up his shirt, I saw a piece shot off his belly, he said that was not of much consequence, then he took off his shoe, and took out the ball.

If this man had been able to have got to his bed, do you upon your oath, believe he would have been in his bed before this time? - I do.

Could he get over the wicket? - He could not if he had tried, the next morning I saw Mr. Brock and two more, they gave him some liquor, and gave me some, somebody in the room said, there is a poor young fellow, Mr. Brock, are not you sorry, to which the words he made use of were, d - n my eyes, people would never have broils, if they did not buy them.

Court. How comes this man not to be tried before, when the matter happened so long ago as April last.

Mr. Attorney General. These are always reported to the Board of Excise, they report a case, and they state it, and these are indictments that I should be very sorry to bring, without they are very well considered, and it is not always determined to prosecute capitally.

Mr. Garrow. When was the prisoner taken into custody? - In September.

Did he continue to lodge in the same place? - Yes.

Mr. Justice Willes. You see we are in a case where a man's life is at stake, and wounded in the belly and in the foot, and what this man has already suffered, all circumstances considered, I own I should recommend

it to the crown to consent to his acquittal.

Mr. Attorney General. Then I am sure I shall, if your Lordship thinks that public justice will be answered, and that the circumstances of this case, considering what he has suffered, and the behaviour of the officer after, will prevent a repetition of this offence, I had much rather than by the execution of the man; I have brought him here only for the sake of putting a stop to these practices for the future, I am sure I shall be much better satisfied if it may be only understood, let it be well understood before this is given up, that the law is not such a law as never can or will be executed.

Mr. Baron Hotham. There is nobody, Mr. Attorney General, who has heard any thing of these trials, but must feel for your situation; I think you have given every satisfaction and every honourable answer to the delay that arises in these cases, but the fact is, that it is of the utmost necessity that these crimes should be punished where a proper subject should be found, so it is for the honour of the crown that when it turns out that the prisoner is not a fit subject of severity, that the prosecution should be given up.

Court. It is consented, under all the circumstances of this case, not to throw it out to the world that these are not proper prosecutions, but the Attorney General, on the part of the crown, has consented to his acquittal.

NOT GUILTY .

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

Court to Prisoner. You are acquitted, not because you are not guilty of the offence charged, but the crown out of that lenity and moderation, which has always honoured them, have consented to your acquittal; but at the same time you ought to return to your country, and follow your honest trade with industry and attention, and endeavour to avoid these practices yourself for the future, and also endeavour to persuade your fellow countrymen to avoid the same by your example, as it will not only bring yourself but them into ruin and disgrace.

Reference Number: t17851214-89

89. JAMES HILL was indicted for burglariously and feloniously breaking and entering the dwelling-house of James Clarke , about the hour of seven at night, on the 21st day of October last, and burglariously stealing therein one wooden till, value 4 d. five shillings, and two hundred and thirty-five pieces of copper money, called halfpence, the property of the said James Clarke .

JAMES CLARKE sworn.

I keep a chandler's shop , No. 6, in Adam and Eve court, Tottenham-court-road ; on Friday the 21st of October, between six and seven in the evening, I was serving some person in my shop, and when they went out they did not shut the door after them, I went round and put it too, it goes with a spring lock and brass knob on each side the door; and my wife was calling me to tea in the parlour, which is about fifteen feet from the shop door, I had just sat down in the parlour, I turned my head round and saw the prisoner throw himself upon the counter with his feet off the ground and his body a top of the counter, I ran to catch hold of him in that position, but I fell over a tub of coals that stood in my shop, but I saw the prisoner go out at the door with the till and money in it, he was pursued and brought back by William Smith , who is here, and William Triplet , whom I have not seen here this morning.

Court. You were called by your wife in a hurry to tea? - Yes.

Then you contented yourself with putting the door to? - Yes.

You did not pull it to see that it was fast? - I pushed it to, it goes with a spring lock.

How could you be sure the spring went? - It has a spring latch above the lock, I know it was fast.

Did you try whether it was fast? - I did not try by pulling, I pushed it with my fingers against the door, and I shut it, but I did not try it afterwards.

Did you hear the spring lock go at all? - No, I did not.

WILLIAM SMITH sworn.

As I was going up Adam and Eve court I met the prisoner just coming out of the shop with the till, he dropped the till, I overtook him and brought him back, I was close to him all the while, he was never out of my sight, I did not see him come out of the shop; the prosecutor found four shillings, and two and sixpence, and nine and nine-pence halfpenny in halfpence.

PRISONER's DEFENCE.

I had been into Hedge-lane, and going along a gentleman got hold of me, and said I had got the till, and took me back to this shop; I was so ill I thought I should not have taken my trial; I live at Marybone with my sister, she keeps a green shop, I sell shoemaker's things.

Is your sister married? - No, Sir, she is not.

Why did not she come here to speak for you? - I did not think it would have been of any service, nor she neither, and she has nobody to mind her shop; my father was a shoemaker when he was alive, he and my mother have been dead these four years, I shall be thirteen the 14th of October next, I went to school before they died and since for half a year, I used to make the wax for my sister, and go of errands.

Court to Mr. Clarke. Do you recollect exactly what time in the evening it was? - Between the hours of six and seven on Monday the 21st of October.

Was day-light quite gone? - It was too dark to do any thing.

Court to Smith. Was day-light quite gone? - I cannot swear to that with certainty.

GUILTY. Of stealing, but not of breaking and entering the dwelling house .

Transported for seven years .

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

Reference Number: t17851214-90

90. MARY NICHOLLS was indicted for feloniously stealing, on the 24th day of October last, one linen sheet, value 4 s. one other sheet, value 4 s. one slat iron, value 6 d. one brass candlestick, value 6 d. the property of Bryan Hughes , being in a certain lodging room, in the dwelling-house of the said Bryan, and let by him to her by the name of Mary Ryder , to be used by her and one William Ryder , her pretended husband , against the statute.

The prosecutor found the things at the pawnbroker's, pledged by the prisoner.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-91

91. WILLIAM SILTOE was indicted for feloniously stealing, on the 5th day of December last, one pair of leather shoes value 2 s. the property of Robert Perrier .

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-92

92. WILLIAM FOXHALL was indicted for feloniously stealing, on the 21st

day of October last, fourteen china plates, value 7 s. the property of Joseph Dixon .

John Wyatt saw another boy hand them to the prisoner, and he was taken with them upon him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-93

93. JEREMIAH ROSE and JAMES DOYLETT were indicted for feloniously stealing, on the 13th day of December last, fourteen pounds weight of starch, value 7 s. the property of William Shaw .

The prisoners were seen both together, talking and walking together immediately after the robbery, and the starch was taken from Rose.

BOTH GUILTY .

Each transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-94

94. JEREMIAH PEACOCK was indicted for feloniously stealing, on the 7th day of December last, one small wooden tub, value 18 d. and fourteen pounds weight of pickled tripe, value 5 s. the property of Solomon Shaw .

SOLOMON SHAW sworn.

I call myself a tripe dresser , I sent a man with four cags of tripe to Mr. Robinson's, Fleet-street , and one was lost.

Robert Hollitt , servant to Mr. Shaw, deposed to carrying the tripe in a cart, and he missed one of the cags while he was unloading, which was brought back in half an hour after to the shop, with the prisoner.

Francis Dunn , a patrol, took the prisoner with the cag, and brought him to Mr. Robinson's.

( Deposed to.)

Prisoner. I found the cag in Fleet-street.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17851214-95

95. JOHN BAILLE was indicted for feloniously stealing, on the 11th day of November last, one linen handkerchief, value 10 d. the property of David Cole .

The prosecutor saw the prisoner take his handkerchief; and the prisoner pleaded that the prosecutor kicked him violently over the private parts, which the prosecutor on his oath denied; but Mr. Akerman informing the Court that the prisoner was (as he appeared) very bad from some hurt he had received from some one; the Court in compassion to his situation, ordered him to be privately whipped and discharged.

Mr. Akerman. My Lord, after the Sessions I must take him up to my Lord Mayor, and get him sent to the hospital.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17851214-96

96. WILLIAM SLATER was indicted for feloniously stealing, on the 16th day of November last, one cloth great coat, value 10 s. the property of Philip Milner Dacre , Esq ;

GUILTY .

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

Tried by the London Jury before Mr. ROSE.

Reference Number: t17851214-97

97. JOHN ATKINSON was indicted for feloniously stealing, on the 31st of

October last, one japanned iron tray, value 2 s. 6 d. the property of Joseph Powis .

The prisoner was taken with the tray upon him, by Daniel Wilmot who saw him take the tray.

GUILTY .

To be transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-98

98. JOHN GLADMAN was indicted for feloniously stealing, on the 9th day of November last, one silk handkerchief, value 2 s. the property of William Haylett .

The prosecutor took the prisoner with the handkerchief upon him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-99

99. ANN WRIGHT otherwise WHITE and MARY THOMSON were indicted for feloniously stealing, on the 1st day of December , eleven cotton neck handkerchiefs, value 5 s. the property of Edward Gibson .

The handkerchiefs were found on one of the prisoners, they were in company together, and owned they knew each other.

BOTH GUILTY.

Recommended to mercy by the Prosecutor .

Each to be privately whipped and confined to hard labour .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-100

100. GEORGE BAILLIE was indicted for feloniously stealing, on the 13th day of December , one vase glass lamp and shade with furniture thereto, value 10 s. the property of Paul Le Mesurier , Esq .

LEWIS LEWIS sworn.

I keep the new London tavern in Cheapside, the prisoner brought this lamp to my house, and offered to sell it for three half crowns, it was on Tuesday the 13th of December, he said Mrs. Phillips had sent him with it, which was the person that formerly kept the house, I then suspected him, and sent one of my servants to enquire of her, and upon her answer I stopped the prisoner, and sent my servant with the prisoner to Mrs. Phillips, he came back again with my servant, and my servant said in the presence of the prisoner, that the prisoner had acknowledged he had told a falsity.

What did the prisoner say to that? - He said nothing, I sent for a constable, when the constable came, he said he brought it from Chelsea, he was taken into custody.

GEORGE PIERPOINT sworn.

On the 13th day of December, between four and five, Mr. Lewis sent for me; I went there and asked the prisoner how he came by the lamp, he told me he brought it from his father's house at Chelsea, I told him the lamp was not his it was his father's, he said his father was dead; he went to the Compter, and the next day was taken before the Alderman; I advertised the lamp on the 16th of December, and, in consequence of that, Alderman Le Mesurier's servant came and claimed it; the prisoner owned before the Magistrate that he picked it up in a court.

WILLIAM WHITE sworn.

I am sure Alderman Le Mesurier's lamp was lost from his house on Tuesday the 13th of this month, about twelve I went into the country, and the lamp was hanging in the passage, I came home about five in the evening, and the lamp was gone, it was the passage lamp; the other witness Rouviere was in town, I knew the lamp, this burner was broke before, and I broke

off one of these knobs about a fortnight or three weeks before, upon the whole I am very certain this must be the lamp.

JOHN FREDERICK ROUVIER sworn.

I am a clerk to Mr. Le Mesurier, coming to the compting-house at my usual time, about four o'clock, I saw a man in the passage taking down the lamp, I had no suspicion he was a thief, I did not take particular notice of him, I passed by and went to the compting-house about my business, I did not ask any questions, I know nothing further.

Do you know the man again? - No, it was rather dark and I could not distinguish the man, I thought it was somebody taking it down to mend or clean it, there was another clerk in the house, and the maid.

How did the man get in? - The street door which goes to the compting-house is always open.

PRISONER's DEFENCE.

On Tuesday evening, about half past three or four, I was coming from Shoreditch, I had been to see an old shopmate of mine, and coming through a passage near Wood-street, a man was running in a white coat, on his seeing me a man laid down the lamp upon some dirt, it is true that I suspected it to be stolen, and that gentleman, the clerk, he declared before the Alderman that it was a man in a white coat genteely dressed that he saw take the lamp, and he said I was not the person.

Court to Lewis. What time did the prisoner bring the lamp to your house? - At a little after four.

Prisoner. Ask Mr. Rouviere the question.

Rouviere. The man that I saw taking down the lamp had on a light-coloured coat, and appeared to me rather taller than the prisoner.

Court to Lewis. What cloaths had the prisoner on when he came to you? - The same he has on now, a dark-coloured cloth coat.

Court to Rouviere. Can you say with any degree of certainty whether the man you saw was or was not the prisoner? - He was not to the best of my knowledge.

Prisoner. I have one more thing to say, with your permission, when Mr. Lewis sent his servant to Mrs. Philips, I followed the servant two or three minutes after, and I left the servant at Mrs. Philips's, and returned to Mr. Lewis, to desire I might have the property since there was no owner to it, and I had not stole it.

Court to Lewis. If I understand you, your servant and him went together? - He followed my servant, and came back by himself directly, when he came back, he said the lamp was his property, and if I did not pay him the seven shillings and sixpence, he would take it.

Court to Prisoner. How came you to contrive this false story? - I beg your pardon, my Lord.

Court to Rouviere. You did not see any other person, but the one that was taking down the lamp in the passage? - I did not.

And you rather think that the person that was taking down the lamp, was not the prisoner? - I do.

Court to Jury. Gentlemen, the prisoner tells these different stories, none of which are supported by evidence, and they seem to leave little or no doubt whether he came honestly by it, but the question is, whether he has committed the fact mentioned in the indictment, he is charged with stealing it, but yet if he stole it, he must be actually present at the time; for if he received it from the person that stole it afterwards, though guilty, he is not guilty of the crime charged in this indictment; now Mr. Rouviere saw the person take down the lamp, whoever that person was, that was the person that stole it; I am affraid therefore, that you have no evidence that he was the man that committed the fact, though he came dishonestly by this lamp.

NOT GUILTY .

Court. Let him be detained by order of the Court, for receiving the lamp knowing

it to be stolen by a person unknown, and let the same witnesses be bound over to prosecute, and let him be referred for Bail to the Right-Honourable Lord Mayor, giving forty-eight hours notice.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-101

101. MALACHI PORTER was indicted for that he, on the 11th Day of November last, on the King's highway, with a certain offensive instrument and weapon called a cutlass, upon John Young , in the peace of God and our Lord the King, then and there being, unlawfully, maliciously, and feloniously, did make an assault, with intent his monies from his person and against his will feloniously to steal , against the statute.

JOHN YOUNG sworn.

I am a labouring man , I live at Barnett , on the 11th of November I was coming home over the fields, about a quarter after five, it was in the second field, belonging to Mr. Taylor, I met two men, one of them I knew very well, that is the prisoner, I bid them good night, they made me no answer, I kept on while I came to the next field, and just going through there, the other man struck at me with a hedge-stake which he had in his hand when I met him, and knocked me down, he asked me for my money, I told him I had no money, the prisoner at the bar was with him at the time, I said I was a poor day-labouring man, I told them I had no money, and I hoped they would not misuse me, the prisoner rifled my pockets with a cutlass in his hand, which he had in his hand when he first came up to me, with that the prisoner at the bar struck me over the face with a cutlass or a hanger, I cannot say which, and the prisoner asked me if Mr. Bethell's family was at home, I would not resolve him, I said nothing to him, with that he said you know Bethell's house as well as I do or better, and if you do not tell me I will stab you to the heart, with that he struck me again with a cutlass or a hanger on the side of the cheek, by saying he would stab me to the heart I got up to get away, and he cut me with a cutlass by the ear, then he held my head under his arm, and swore if I did not tell him he would stab me to the heart, the other man held me by the collar, this prisoner ran away first, and I held the other by the smock-frock, and he got away, and then I went up to Hadley, to one Mr. Gibbs that lives at the Three Tuns, he is my brother, I told him what had happened and came back again, and two more men came with me the same evening, I told what had happened, I said I knew the man very well that had done it, I did not know his name then, I have known him five or six years; he was taken up on Friday by four o'clock, I knew him again, I am sure he is the man that struck me with the cutlass.

Court. The prisoner, I think, did not ask you for any money, it was the other man? - Yes, I told him I had none.

When was it that the prisoner first came up to you with the cutlass? - When I said I had no money, then he struck me with a cutlass.

What did he say when he struck you with the cutlass? - He asked me if Mr. Bethell's family were at home or not.

Did he say any thing to you about your own money? - No.

Then the attempt to rob you seemed to be over before he asked you that; did he do any thing with the cutlass before he rifled your pockets? - No.

After he struck you with the cutlass he made no more attempts to rob you, but asked you about Mr. Bethell's house? - Yes.

Who came up to you first? - The other man knocked me down first, and this man came up next.

Did he come up to you with the cutlass drawn? - I never saw it till he struck me.

Mr. Garrow to Young. You had seen these two persons together in the first instance,

when they did not assault you? - Yes.

Did they come up to you afterwards when the other man knocked you down? - The one knocked me down and the other came up to me directly.

Were they pretty close together? - Yes.

Did they appear to be of the same company and of the same design? - Yes, this man came up immediately to rifle my pockets after the other had knocked me down.

Did this man say any thing to you about your money before he struck you? - No, they both of them asked me for my money before I was knocked down.

What did the prisoner say about your money? - He said d - n you, you rascal, I want your money, that was before he struck me, I said I was a poor labouring man, he made no answer but searched my pockets immediately, he struck me before ever he talked of stabbing me.

Court. After he struck you the first time with the cutlass was there any thing said by either of them about having any money from you? - No, Sir.

WILLIAM COPE sworn.

I live at Potter's Bar, I apprehended the prisoner the 13th of November, at the Green Man, at Potter's Bar.

Did you search his house? - He had a lodging, I searched that, I took him upon suspicion of breaking open a house, there was a cutlass found, and I took a knife from the prisoner, I never heard the prisoner say a word.

PRISONER's DEFENCE.

I came from Waltham, in Essex, that morning, I went from thence to Hertford, there was no work; from thence to Wetstone, there was none; then I came back to Hertford again, then I heard of some at Endfield Chase, and I got a lodging at Potter's Bar; I am very innocent of the crime, I never had a cutlass in my hand in my life, nor neither was I in the place, I lodged at Mrs. Duck's, at Potter's Bar, and she locked me in over night, between six and seven, and let me out at eight in the morning.

MARY DUCK sworn.

I know the prisoner, if I see him, he came to my house the 11th of November, at night, between six and seven, which is at Potter's Bar, he staid at my house till morning, the man behaved very well at my house.

Mr. Garrow. He was a stranger to you was not he? - Yes, I never saw the man but twice before, he had nothing with him but his smock-frock wrapped up as if tied up.

How far is your house from Mr. Bethell's? - A mile and a half, he came in and opened the door, and said, Mistress, can I lay here, I looked at him, says I, you are Malachi Porter ; I do not know that he eat a bit of victuals, but drank two draughts of water, I do not know whether he had walked much, he went to bed a little before eight.

Court to Jury. Gentlemen, it is my duty to tell you that the evidence does not seem to meet the indictment, for the indictment is that he made an assault with the cutlass with intent to rob.

NOT GUILTY .

Court. Let him be remanded by order of the Court to Newgate, to be prosecuted on another indictment, for an assault, with an intent to murder, and for a common assault, and referred to Mr. Blackborough, the Magistrate, to take bail, with forty-eight hours notice to Mr. Chetham, the prosecutor's attorney, and the Court recommend it to Mr. Blackborough to take sufficient bail that the prisoner may not escape justice.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-102

102. RICHARD KNOWLAN and MARY MURPHY otherwise WOOD otherwise TYLER were indicted for feloniously stealing, on the 30th of September last, two hundred yards of printed cotton, value 30 l. and two hundred yards of callico, value 30 l. the property of Thomas Brown .

THOMAS BROWN sworn.

I live at Northampton, I lost my property at Islington , I know nothing of the robbery, I am proprietor of the Northampton waggon , I have no partners.

JOSEPH COOPER sworn.

I am a linen draper, Holborn-hill, I sold a great quantity of callicos to Mr. Richard Marriot , on the 26th of September.

Were the goods mentioned in the indictment, the same you sold to Mr. Marriot? - They were, they consisted of callicoes, and there might be some cottons, and they amounted to a hundred pounds and upwards; Mr. Marriot lives at Northampton, he is shopman to Mr. Staples.

RICHARD MARRIOT sworn.

I am shopman to Mr. James Staples , at Northampton; on the 26th of September last, I bought a quantity of printed cottons, and callicoes, to the amount of one hundred pounds and upwards of Mr. Cooper, with some white muslin; Mr. Cooper is a linen-draper, on Holborn-hill, I put a mark on them, they were directed to Mr. Staples, Northampton, and sent by Mr. Brown's waggon, they never came to hand; I always reside with Mr. Staples, and he never received any, I am sure it was the 26th or 27th, I arrived at Northampton the Monday morning following, they were the things mentioned in the indictment, the parcel that was to go was valued at forty-nine pounds twelve shillings and four pence.

How many were there of the cottons? - There were upwards of two hundred yards of the callicoes, they are worth nineteen pounds; I saw them at Sir Sampson Wright's about seven weeks ago, I cannot say the day; I know them, they have my marks on, they were in the hands of the constable, and part in the hands of the pawnbroker.

EDWARD COLEBROOK sworn.

I was a servant to Mr. Cooper at the time these goods were lost, I delivered them to the waggoner on Thursday the 29th of September.

Do you know Mr. Brown's name? - Only as I have heard it here.

To whom did you deliver them there? - The man is here, I did not know his name, I think his name is Edward Falkner , the bill was packed up with the goods, I believe that is what we generally do, I do not know whether Mr. Marriot took a bill of parcels into the country, I am sure there were callicoes, and printed cottons among them, as to the quantity I cannot say, by what I saw in the journal, the amount might be a hundred pounds, I cannot say particularly, they were in three bales, and a small paper parcel containing one piece of print; I know that Mr. Marriot sent two letters that he had not received the goods he ordered, and I went to enquire about it, and I heard the waggon had been robbed; I delivered these bales in the morning by nine o'clock, I am sure.

EDWARD FALKNER sworn.

I am a porter at the Ram Inn, Smithfield, I received three trusses and a paper parcel the 29th of September; I put them in the warehouse, they were directed for James Staples , Northampton; I loaded them same trusses and paper parcel on the waggon, with my own hands, on the same day; I did not see the waggon set off, it sets off about half after four in the morning, I last saw it at eleven in the evening, and every thing appeared safe.

Prisoner. Did they advertise these things when they lost them? - I did not.

FRANCIS THOMPSON sworn.

I am book-keeper to Mr. Brown's waggon, I can only speak to the entry of the

goods; three trusses and a parcel, I examineed the books before I came here to day, and the same morning that I heard the waggon was robbed.

What was missing? - Two trusses, there were more goods for Mr. Staples, besides Mr. Cooper's, therefore it is impossible for me to distinguish which were his, and which were not, I saw the goods loaded in the waggon.

How many trusses did you see loaded? - Four, there were others besides Mr. Cooper's, I made the entries myself, four trusses and a parcel, the things were brought to the waggon the 29th of September, and the waggon set out the same day.

DAVID MURPHY sworn.

I am a labourer, I live at Islington, I bought part of the goods from the prisoner, I keep no shop, I have lived in Islington three years, I am a lodger of the prisoner Knowlan's; I bought seven yards of linen, and eight yards of cotton, I do not know what callico is, it was either Thursday or Friday, I cannot tell the month, I suppose it is eight or nine weeks, as nigh as I can guess; I gave it to one Mrs. Bucknell, and as I heard the report I took the linen from her house, and carried them to the Justices; I cannot tell the month, nor the day of the month, it is about six or seven weeks ago, I gave the property to the Constable, he has had it ever since, I bought this at Islington, and gave one shilling a yard for the linen, and two shillings a yard for the printed cotton, I knew the prisoner before, he is a labourer.

THOMAS STAIR sworn.

I am porter to Mr. Brown's waggon, Mr. Brown's waggoner had left him, and he got me to come up on the journey to London, I set off on Thursday from Northampton, and took back the same waggon fresh loaded from London, I set off on the Monday morning from town, I went on very well till I got to Holloway turnpike, I do not know how many miles it is from London, we passed through Islington, I stopped to give my horses a bit of hay, and I perceived the rope cut, and the sheet likewise, I searched and found something was missing, we pursued our journey to Northampton.

RICHARD WATSON sworn.

I am servant to Mr. Purse, pawnbroker, in the Strand; I know the prisoner Knowlan, he pawned this piece of cotton, on the 18th of October, I saw him after at Bow-street; I can speak to the person of the man, he might be in the shop about three minutes.

WILLIAM JORDAN sworn.

I am servant to Mr. John Cooper , pawnbroker, in Fleet-street, Temple-bar; I have kept this printed cotton ever since I sent the prisoner eight shillings upon it, he said he bought it for his wife, I singled out the prisoner in the strong room.

JOSHUA DALY sworn.

I am servant to Mr. Cowper, pawnbroker, in Wild-street, I received this piece of cotton of the prisoner Knowlan, I sent him eight shillings upon it, on the 18th of October, here are six yards, I have never seen him before, I asked him to particular questions, he told me he bought it to make his wife a gown; Mr. King, the constable, brought some duplicates to our house, and one in the name of Richard Knowlan , belonged to this cotton.

WILLIAM WILDMAN sworn.

I am a pawnbroker at Islington, the prisoner, Mary Murphy , lives just by me, she milks cows, and keeps a little house in the neighbourhood, I know the other prisoner, he did watch by our door, he had been sometime a watchman, he was a bricklayer's labourer , and watched at night.

Does this man and woman live together? - According to the accounts of the constable, he lodged with the woman, she asked me to lend her half a guinea, on eight yards of printed callico, on the 3d of October, in the name of Tyler, which she always used at my shop, she said it was her property, she went by the name of Wood,

she had used my shop for eight or ten years, and always used it by the name of Tyler, she brought it on the 3d of October, I have kept it ever since Mr. King the constable found me out; here is another piece which she brought on the 8th, and said it belonged to her lodger, containing six yards, it was the same pattern, and said her lodger and her had got a gown apiece of the same cotton; she told me her lodger's name, but I forgot it, I put it down in her own name, I sent her half a guinea upon it; on the 17th she brought one yard of printed cotton, upon which I lent her one shilling, she said it was her own property, she bought it to make her child a gown.

Did this man and woman live together as man and wife? - No, I never knew he lodged with her.

THOMAS TRING sworn.

I belong to Sir Sampson Wright , on the 18th of October, information came to Sir Sampson Wright 's of this robbery; when we came to the prisoner's house, we waited there three hours, I told Knowlan, I must search your house, it is in Pierpoint-rents, facing the Three Hats, Islington: two more of our people were there, I went up stairs, and searching about the room, I saw two boxes, and one of them the prisoner Knowlan said was his, and there were these things, and a purse of money, five pounds eight shillings, they were printed callicoes and printed cottons, and twenty-two shillings I took out of his breeches pockets, and three duplicates of things that were pawned that day the 28th, that we took him, then I asked who the other box belonged to, and Mary Murphy said, it was her box, that was the lesser box; then I desired her to open it, and she said, she would not; and she told me at my peril to search it if I dared; then says I, I will break it open, and I took the poker and broke it open, and took this bundle out, these are all printed callicoes, and I found this duplicate in her box, and a printed cotton bed gown, the prosecutor saw these things at Bow-street, and he swore to the marks.

(Deposed to by Mr. Marriot.)

Can you venture to swear from any circumstance about that linen without a mark that they were your linen? - There is a mark upon these, this is a bit of Montross linen, the pattern is the same of what was marked.

Is there on any part of the printed cottons or callicoes any mark that you can judge they were your's? - No, this piece of callico has my mark on, here is a piece of plain white cotton that has my mark on. (The mark shewn to the Jury.) These are the things that were found in the man's box, here is a mark on this piece, it is the same piece that the bed gown is made off, here is a small bit of printed cotton without a mark.

(The different pawnbrokers shewed to Mr. Marriot the things they took in of the two prisoners; some of the things deposed to.)

WILLIAM BARKER sworn.

I live in Shoreditch, this piece of printed callico was brought to me by a man I do not know, in the name of Richard Knowlan , I gave him a duplicate, which I saw to day in the hands of Thomas Brown .

Brown. This is my waggon, I have no partners, it goes to Northampton, from the Ram Inn, Smithfield.

Prisoner Knowlan. In the first place, there being duplicates found upon me, they did not find them upon me, I produced them in my own name.

The prisoner Knowlan delivered in a written defence which was read by the Clerk of the Arraigns, as follows.

I am a watchman of Clerkenwell parish, about six o'clock in the morning, after crying the hour in White-lion-row, going to the back road, Islington, where I likewise cry the hour, in crossing the fields near the sheep-pens, I picked up two parcels, one of which upon examination, contained

a quantity of callico, the other a quantity of linen and cotton, but the quantity of either I do not know; unacquainted with the strict duty of my office, I took them to my lodging, instead of, as I since learned I should have done, carrying them to the watch-house; they remained about three weeks in the custody of the other prisoner Murphy, we both lodged together; unfortunately not being able to read, I had no possibility of seeing by the newspapers, if they were advertized, but I did all that was in my power, that was making known the circumstance of my having found them, and requested several of my acquaintance to learn if they could, who had lost such property, and if I could find to whom they belonged, upon due proof of the property, I would deliver them up: three weeks hav- elapsed, and no claimant, I was persuaded and thought myself warranted to dispose of them, which I did from no idea of guilt whatever; when the constables came to me, enquiring if I had found such property, I readily told them I did, and that what remained undisposed of I would give up to them, with the duplicates and pawnbrokers directions for such parts as were pledged: I have always supported a good character as a labouring man.

PRISONER MURPHY'S DEFENCE.

This prisoner lodged in my place, I have three fatherless children, he was recommended to me as an honest man, I was not able to pay the rent myself, but how he came by the things I do not know; what things they were, I do not know.

Tring. I found the duplicates in her pocket.

JOSEPH COLLIER sworn.

I am a house keeper, in White-Lion-row, the prisoner worked with a neighbour of mine, one Mr. Garrard, about two years and a half, I have employed Mr. Garrard, and this man has worked with him at my house; he is a very industrious man, I never heard before this any harm of him, he was so industrious that I remarked him a year ago.

SUSANNAH GARRARD sworn.

I have known Knowlan almost these three years, I am a house-keeper in White-lion-row, he bore a good character, my husband employed him two years and a half in the labouring way, he has always been very just and honest, we have trusted him with money many times, and if he is discharged my husband will have no objection to employing him directly.

WILLIAM WOOLNORTH sworn.

I live in White-lion-row, I have known the prisoner between two or three years, he always appeared to me to be a very honest industrious man, this is the first that I ever have heard to the contrary, and as a watchman till this happened, I never thought him otherwise than an honest man, I am a near neighbour to his master.

JOSEPH SPENCER sworn.

I have known him about two years, he is a very honest man for anything I ever heard.

Prisoner Murphy. I have no friend here, I must trust to providence.

RICHARD KNOWLAN , GUILTY .

To be transported for seven years .

MARY MURPHY , GUILTY.

To be confined six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17851214-103

103. JAMES THOMAS was indicted for feloniously stealing, on the 24th day of November last, one pair of man's silk stockings, value 4 s. 10 d. the property of John Baggalley .

JOHN BAGGALLEY sworn.

I live at No. 115, Fleet-street , I keep a hosier's shop ; on Wednesday the 24th of November, about eight in the evening, I

being absent, one of my shop-men sent for me, and I found the prisoner in custody of the shopman, he accused him of stealing a pair of silk hose.

JOHN COLEMAN sworn.

I am shopman to the prosecutor; the prisoner, on the 24th of November, came into Mr. Baggally's shop, and asked me to let him see some dark spun silk-stockings, nobody else was in the shop, I shewed him a pair of the pattern, but they would not do, I then told him I had some silk that would come very low, which I would let him see, and I went to look for them, and I saw a pair of stockings concealed in his hand, I collared him and began shaking him, and he threw down the stockings on the counter, and in his defence he said he had got nothing, he only threw down the stockings, there were other stockings laying on the paper which I opened to shew him, he threw them among the others, and I instantly separated them.

(The stockings deposed to, marked L. A.)

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

GUILTY.

He was humbly recommended to mercy by the Prosecutor .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17851214-104

104. JOHN WILLIAMS was indicted for feloniously assaulting Michael Daley on the King's highway, on the 22d day of September last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, two linen shirts, value 40 s. three stocks, value 3 s. five handkerchiefs, value 5 s. one pair of worsted stockings, value 2 s. and one basket, value 2 d. the property of Mary Daley .

MICHAEL DALEY sworn.

I shall be thirteen the 12th of next April, I was examined on the former trial, my mother is a washer-woman , No. 4, Bond-street, Rathbone-place; on the 24th of September last, I was going to Mr. Carr's in Norfolk-street , I had the linen with me, I was going along, and I got to the door, I had knocked, and my mammy told me, before I went, to hold the things very tight because she had a dread upon her, as she was advised not to send me, I knocked once and I was going to knock a second time, and somebody came behind me (my face was towards the door) and snatched my bundle off my head, I turned round and took hold of him, and he had the handkerchief.

Court. Had he got the bundle completely from you when you took hold of him? - Yes, Sir, and when I took hold of him, he dropped the bundle.

What became of him then? - He fell down in the kennel, and I fell down too, and he took and hit me over the arm, and took the bundle of linen from my head:

Should you know either of these men again if you saw them? - No, Sir, I should not, I cannot tell either of them.

How many men were there? - But two, then I followed the man that had got my basket of linen, and I hallooed out stop thief, and he was stopped going down a passage, the clothes were in a basket.

THOMAS WALDEN sworn.

I was in a house in Arundel-street, with a few friends, hearing a great noise I listened a little while, I heard the alarm of stop thief, I immediately ran out of the door, and saw one Tranter, who had been tried and acquitted here, run out of the corner of the gate-way, and I ran after him, just as he got out of the gate-way he fell down, he immediately jumped up again, and I pursued him and had like to have fallen down myself, I caught him round the waist, he wanted to escape, but I held him so tight that he could not, I desired him to come along, he wanted sadly to get away but I would not let him, just as I got hold of him a young man came and assisted

me, and we got him into Arundel-street, and he was taken to the round-house, and there he was till Monday morning.

Had he any thing in his possession when you took him? - Nothing at all.

- SAYER sworn.

I apprehended Williams at the Jolly Sailors in Drury-lane, when he came to Bow-street I told him he was apprehended for robbing a boy of a bundle.

Did you tell him what boy or where the robbery was committed? - No, my Lord.

Did you say no more than that? - No, my Lord; when he was first charged, he sent Mr. Gee out to me to know if he could not be admitted as an evidence, he lives in Drury-lane, I went to him and told him I did not know, I would speak to Sir Sampson, I went over the way and spoke to Mr. Addington, and Mr. Addington referred it to Sir Sampson, he had heard the matter before the next day, Sir Sampson saw him, and Sir Sampson admitted him as an evidence.

Was there any information given against him upon oath before he was admitted as an evidence? - No, my Lord.

Court to Jury. There being no evidence against this prisoner but what he said himself when he was admitted an evidence for the Crown, on the trial of two men for the same robbery, who were acquitted; although he denying all the evidence he gave before the Justice, when he came before the Court as an evidence, and was therefore committed to prison, and indicted as a principal, yet there being no other evidence against him, he must be ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-105

105. SARAH ARMOND was indicted for feloniously stealing, on the 20th day of November last, one man's cloth coat, value 4 s. one cloth cloak, value 4 s. one stuff petticoat, value 2 s. one shirt, value 12 d. the property of Frederick Hess .

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-106

106. MARY MORRIS was indicted for feloniously stealing, on the 13th day of December , one silk mode cloak, value 10 s. one dimity gown, value 5 s. the property of Susannah Beale , widow .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-107

107. ELIZABETH RILEY and ANN GORDON were indicted for feloniously stealing, on the 19th of October last, one bank note, value 30 l. and one other bank note, value 10 l. the property of George Leake , privily from his person .

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-108

108. WILLIAM CHADWICK and THOMAS WILLIAMS were indicted for feloniously assaulting Daniel Bring on the King's highway, on the 4th of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one half-guinea, value 10 s. 6 d. his property .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-109

109. THOMAS ASHBY was indicted for burglariously and feloniously breaking and entering the dwelling-house of the Rev. John Wesley , clerk, about the hour of four in the night, on the 31st of October last, and burglariously stealing therein one large looking-glass in a mahogany frame, value 5 s. one mahogany round table, value 3 s. three mahogany chairs, value 6 s. and one brass fender, value 12 d. his property .

There was no evidence to convict the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-110

110. ISABELLA ELLIS was indicted for feloniously stealing, on the 6th day of November last, one leg of pork, value 2 s. two pounds weight of lump sugar, value 1 s. one pound of moist sugar, value 5 d. a quarter of a pound of Souchong tea, value 18 d. half a pound of fresh-butter, value 5 d. a dead fowl, value 1 s. one linen cloth, value 2 d. and one guinea, value 1 l. 1 s. the property of Robert Hall .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-111

111. GEORGE DARBY alias BROWN and MATTHEW SMITH alias TODD were indicted for feloniously assaulting Charles Atwell on the King's highway, on the 30th day of October last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 3 l. a chain, value 2 s. and a key, value 6 d. and 5 s. in monies numbered, his property .

The witnesses examined apart at the request of Mr. Garrow, prisoner's councel.

CHARLES ATWELL sworn.

Mr. Garrow. What is your name? - Charles Atwell .

Where did you come from? - From Doctor Stence in Drury-lane.

How long have you been out of prison? - What prison?

Have not you been in Clerkenwell prison lately? - Not very lately.

What did you go there for? - Must I tell you?

Yes, you must; was it not for a sod - I attempt? - No, Sir, it was not, I was wrongfully accused.

Was not you convicted before a Jury? - No, Sir, I was not, I was acquitted from this place.

Oh, then you have been tried here besides? - I was tried without doubt in this place, and was acquitted; the person that prosecuted me about that was the boy's father.

I ask you, Sir, have you never been in custody, under confinement? - Since that time?

No, I mean then. - I believe that was four or five years ago.

Somebody did think of committing you wrongfully; do you mean to swear that you was not convicted of that offence? - I do not understand you.

Was you never found guilty before a Jury? - No, acquitted.

Was you never tried any where else but here? - No, never.

Was you never tried at Clerkenwell? - No, Sir, not tried at Clerkenwell.

Come, look at that honest gentleman a little; upon your oath, was you never tried at Clerkenwell? - I was tried here and honourably acquitted.

Mr. Chetham. He was tried here for the actual crime, and acquitted. - I was not guilty of it, Sir.

I did not ask you whether you was guilty; was not you tried for the offence itself, the capital offence? - I think I was.

Court. Tell us what you have to say against the prisoners? - I live with Doctor Stence, a surgeon and apothecary, in

Drury-lane, I have lived with him some time.

In what capacity? - As shopman , I had been down at Westminster about six, it was in October, I believe it was the 30th, as near as I can recollect, I went to see a friend, they were not at home, I was going to the upper end of Mount-street, to Storey's-gate , I went through the Park, I heard the gate fall too, I had not the key of the gate, I met a young man whose name is Charles Brown , I asked him if he had got a key of the Park, he said he had not, four young men came up from the path way, and they stopped and asked some questions, but I cannot tell what.

Who did they ask questions of? - Both of us, we were side by side, then they came to the front of us, and asked me if I had got any money or something to that purpose.

What gate was it you heard fall too? - That that goes into Piccadilly, opposite to Clarges-street.

What gate was you at before the four young men came up? - I was near to the lodge gate, they put their hands into my breeches pocket, and took out four shillings and two sixpences, and a steel watch-chain and a steel key which I had not put to my watch, they were neither of them the prisoners at the bar that robbed me.

Have you any thing else to say against the prisoners? - The prisoners were in company with the two that robbed me.

Did the two prisoners at the bar come in company with the two that robbed you? - There were only four of them.

Were the two prisoners at the bar either of those four? - Yes, I was robbed by the pond.

You were robbed by two men? - Yes.

Were the prisoners at the bar either of these two? - No, Sir.

You never had but four people come up? - No, these two were I believe in company, but they were not the men that robbed me, the other two escaped.

Do you mean to say that these men laid bands on you? - No, Sir, but they were present with those that did, I believe so, I have not sworn to them.

Mr. Garrow. Was it you or Charles Brown that lost the paint? - I never used any in my life.

Why do you suppose I meant to ask you if you did, was it you or Brown that lost the paint? - It was Brown.

CHRISTOPHER CREEDLY sworn.

I am one of the patrol belonging to Sir Sampson Wright , and on the 30th of October, at half past seven in the evening, in St. George's-row, I met three men, I passed two which was one that run away and Darby, and the last man that came up was Smith, I laid hold of him and my partner laid hold of Darby, the other ran away as fast as he could, I searched Smith and found this pistol loaded with ball and powder, and this knife and this box and nine shillings in silver, which is an ivory box, I desired my partner to hold Smith while I searched Darby, we found upon him a pistol loaded.

WILLIAM BRANDISH sworn.

I was with Creedly, I took away some pistols and other things from these men, I took no watch, nor key, nor money.

Court to Atwell. I understood you could not swear to the prisoners? - I believe them to be the men that robbed Charles Browne in company with them that robbed me, it was not very light.

Is there any lamp in the place? - No, Sir, there is none there.

Do you wish Brown to be called, you have a right to call him if you choose it. - I wish him to speak the truth, and I dare say he will, respecting my robbery.

CHARLES BROWN sworn.

Where do you live? - I live in Butcher-row, I am out of place.

What is your business? - I am of no business, I was not an apprentice, I was in a jewellers and perfumers shop, I served as shopman.

Mention his name? - Pelligree and Hopkins; I was in the Park on Sunday, the 30th of October, I was coming to the

gate, and Charles Atwell asked me if I had the key of the gate, I told him I had not, the gate was ajar when I came through.

Is it a gate that falls with a spring lock? - Yes.

Which way did Atwell come? - He came up from St. James's way, and said he wanted to go through.

What passed after this? - There was nothing passed between us, four men came up to us.

Were the prisoners at the bar the men? Yes, I think they were, the one that stands up was.

Can you be sure they were? - That one, I cannot be sure of the other, but as to clothes, the one that stands up that is the prisoner Smith, I can be sure of him, I knew him immediately at Sir Sampson Wright 's.

Was there any lamp in the neighbourhood near you? - No, Sir, but it was quite star-light.

No moon? - No, Sir, they were rather close to me.

Was there no moon? - I do not recollect that there was.

What did the prisoner Smith do? - He asked us a question, what we were, or something, he pulled out a pistol and asked me if I had any money, I told him I had but very little.

Did Smith do any thing to Atwell? - No.

After he pulled out the pistol what did he do to Atwell? - I cannot say, I heard one of the others ask Atwell if he had a watch, and he said he had.

Did these men all come up together? - Yes.

Did you hear them converse together at all? - No, no further than that.

What did the others do to Atwell? - The other said he has a watch, and one of the prisoners said rip him up then, and I saw them take a watch from his fob.

What else was taken from him? - I could not see any thing else.

Mr. Garrow. How long might they be there? - A very short time.

Did you see them do any thing besides take the watch? - No, I did not.

Had they time to take any thing but the watch? - Yes, they had, we were both together, I saw them have their hands in his pocket, but I cannot tell.

Can you describe the time at all? - No, I cannot, it was in the Park.

Could you see the face of Smith? - Yes.

Have you ever seen him before? - Never, I never saw him before, I could not distinguish the colour of his dress.

Had he a hat on? - Yes.

A round hat? - Yes.

How long might they be there altogether? - I cannot tell how long.

Can you make a guess? - I cannot.

Were they there a minute? - I suppose they were, I cannot tell exactly.

Now, can you safely venture to swear to the man's face by star light, no lamp nor other light, and with a round hat on, who was not with you above a minute? - When I went to Sir Sampson's, I said, Smith was the man.

Was it a metal watch? - I take it to be silver, it was light enough to see it was silver.

O, I forgot, how long have you been acquainted with Mr. Atwell? - I never saw him before.

So you are a young gentleman living upon your personal fortune? - I must live by what I work for.

That comes to the same thing in your way of trade; you was taking an airing in the Park in the evening? - I was going through the Park, I was going to St. James's.

You visit at the palace perhaps? - I visit a sister that lives there.

You was by the pond? - Yes.

There are some seats there? - Yes.

What they call cooing places, I believe? - I never heard them called so.

Was it a lady you was going to at the palace? - A young woman a servant.

Does she paint her face? - Not to my knowledge.

You had the misfortune to lose a box of paint this night? - No, Sir.

Will you swear that now? - I had a box of lip salve for my sister.

You are a single man, I think, Mr. Brown? - Yes, Sir.

How long may you have lodged in Butcher-row? - Not long, I lodged in Oxford-street, at Mr. Ward's, a druggist, before.

You was coming in from Piccadilly into the Park? - I was, I had been into Piccadilly.

With whom? - At a public house, I had been drinking tea.

You never take any more vulgar liquors than tea? - Sometimes.

What age may you be? - Seventeen last May.

Is that the way you usually dress? - Yes.

So Mr. Atwell asked you if you had a key of the park? - Yes.

So then you entered into a little confab.? - We had no discourse at all only that he wanted the key.

Are there not lamps at the gates of the park? - I do not know.

No, why you know the gates of the park, as well as any body knows the pump at Aldgate? - I do not know that there are lamps.

So you trusted you pretty person in the dark, and made this happy acquaintance? - No happy acquaintance at all.

Have you enquired at all who he is? - No, Sir, he is nothing to me.

When did you spend the evening with him last? - I have not spent the evening with him at all, I have not been in the Park since.

The Park is a good pleasant place in the evenings? - It was not so pleasant to me.

It was quite light enough to see a man's face? - I was immediately by the man, Smith was robbing me, I do not know that he touched Atwell, I have a letter in my pocket now that came from my uncle, which was found upon him.

Pray may I ask you, as you have but small wages, though I tell you before hand, you have a right to refuse answering me, how you have supported yourself, what way of living have you had? - I had my money that I took in Bond-street, I lived there near seven months, my wages were small for the place to find every thing.

( Charles Atwell called again.)

Did you ever find any of your things that you lost? - No.

Did you see any body else when the four men came up? - No, I was speaking to Charles Brown .

When did you first see Charles Brown ? - Near the gate.

Which gate? - That that leads into Piccadilly, I never saw him before in my life, nor I did not know where he lived, I asked him for the key of the gate.

How many men came up? - Four.

Had they their hats on? - I believe they had.

What did they do? - They came up, and asked whether we had got any money or something, there was somebody spoke before, but what it was I cannot say, they clapped a pistol to my cheek, and another to my breast, I saw only two pistols, then they asked me if I had got any money, I told them no, one of them put his hand into my right hand breeches pocket, and took my money.

Which of them was it? - I think Smith was one of them that robbed Charles Brown , I was so near I could very well discern.

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

Reference Number: t17851214-111

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 14th of DECEMBER, 1785, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. THOMAS WRIGHT , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER I. 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.

MDCCLXXXVI.

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 George Darby and Matthew Smith .

You do not speak with certainty to these two men? - I verily believe they are the men, I described one of them to Sir Sampson, one looked like a dirty looking fellow, with loose hair.

Was that the one you supposed robbed you? - No, Sir, one of them that was robbing Brown.

Mr. Garrow. You and Mr. Charles Brown were quite strangers to each other? - Intirely so.

After you were robbed, you jogged on together I suppose, and exchanged addresses? - Exchanged what?

Addresses, directions? - He went one way, and I went another.

You met the next evening in the Park, I suppose? - We had no occasion to meet the next evening in the Park.

You did not lose any paint? - I suppose if I had, I might have lost it.

Did you lose any? - No.

When did you see Charles Brown again? - On Thursday evening, I saw him coming from Covent Garden.

Stumbled upon him just by accident? - That is a question I cannot answer, I did not meet him by appointment.

Then you stumbled upon him by accident, will you swear that, now? - I did not meet him by appointment.

Then it was accidental? - It was so.

Where might you be going? - Carrying out things.

What might you be carrying out? - I cannot recollect.

What part of Covent Garden? - The street that leads from Covent Garden;

Has it any name? - Yes, Russel-street.

Was it broad day light? - Yes, I believe he had been at Bow-street, I am not sure.

You had not been to Bow-street? - They fetched me to Bow-street.

You told me you never was tried at Clerkenwell? - I do not know that ever I was tried there, I had nothing to do there.

Was you never tried there? - Do you mean being before the gentlemen?

Aye, being before the gentlemen? - No, Sir, I can truly say I was not.

Was you never tried since you was tried here? - No, Sir.

Have you never been in custody, now, Sir, for taking an evening's walk in the Park, or some such matter? - No, never, no man can lay such a thing to my charge.

Whereabouts in the Park, did you meet Mr. Charles Brown ? - Just by the water, the water surrounds the place.

Are there not some lamps that lead from the Green Park-gate to St. James's? - Yes, but not on that side where I was.

You and your friend Mr. Charles Brown who were quite strangers, had got into the dark? - Sir!

Why you know you were by the pond, and there are no lights there; now, upon your oath, was that the direct road for you? - I have often gone that road.

I dare say every night of your life, when you are at leisure, but I ask you, Sir, is that the direct road for any fair honest married man to go? - I do not know, there are many misfortunes happen to people, as well as myself.

Is that the direct path from the Green Park or to it? - I thought so.

Mr. Garrow. My Lord, you will not call these men on their defence.

Court. I believe I need not have the trouble in such a case as this is, to sum it up.

Jury. We are unanimously of that opinion, my Lord.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17851214-112

112. The said GEORGE DARBY, alias BROWN , and MATTHEW SMITH alias TODD , were again indicted for feloniously assaulting Charles Brown on the King's highway, on the 30th day of October last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one red morocco pocketbook, value 6 d. one handkerchief, value 6 d. one pen-knife, value 1 d. one small wooden box, containing a quantity of lip-salve, value 1 d. a bottle, with a quantity of hartshorn, value 2 d. two counterfeit shillings, value 2 d. one sixpence, and ten halfpence, his property .

CHRISTOPHER CREEDLAND sworn.

I am one of the patrols, I apprehended the two prisoners in George's-row, the other side of Tyburn turnpike; I found one of these pistols loaded, and this box, and nine shillings in silver, and this little knife, and a comb; and I desired my partner to take hold of him, while I searched Darby, and on Darby I found another pistol, and this letter, and five pence in half-pence; (the letter handed up) here is a bit of white paint, and some lip-salve, this handkerchief and knife, and three keys.

Court. Did they say any thing when they were apprehended? - No, only they were very angry with the others when they run away, they said d - n their eyes, if it was not too far, I should have had them.

Mr. Garrow. I believe they told you they picked up those things in the park? - I heard them tell Sir Sampson that they found them, but not where.

Whether these things were taken from any body by robbery, or whether the persons that had them, had been put to the scout, you cannot tell? - No.

Court to Brown. Look at these things. - The three keys, the handkerchief, and the box are mine.

Mr. Garrow. You told me just now this was your sister's lip-salve? - It was for her.

Is that your white paint? - That is none of mine.

Will you swear that? - Yes, I will: I lived with Mr. Montague, in Portman-square, as under footman .

Where do your friends live? - I have no father or mother, I have wrote to my friend, where that letter came from just before.

Where did you meet Atwell first, on this night after the robbery? - I met him as I was coming from Sir Sampson Wright 's, he was going the other way.

How happened it that you had got out

of the high-road where there were lamps, to the place where there was none? - I was going through there.

Was that your direct road to St. James's palace? - It was the way I was going.

Is that the way that you usually go? - It is the way I went then, I never went that way before, the other way is further round; I was going that way, because I thought it was nearest.

Was that the nearest way from Storer's-gate to Mount-street? - That is as any body chooses.

Is that the direct path that honest men go? - I suppose if they were not honest men they would be stopped.

Is it the direct path, are there lights and a foot-way? - It is a place that people do pass through.

That I know very well, people of a certain description. - I was going through there.

Is that the direct path to Storer's-gate from Mount-street? - I cannot tell that, I never was that way.

So by accident, you two gentlemen met in this dark place? - Yes.

Foreman of the Jury. Where was you coming from? - Out of Piccadilly.

What part of Piccadilly had you been in? - The upper part, the end next Hyde-park.

Court. Then surely you had no business to come to that private gate, when the gate of Hyde-park is open, and the road lighted.

BOTH NOT GUILTY .

Court to Jury. The total discredit you have shewn to the evidence of such witnesses, is a very proper punishment for those, who by their conduct, bring themselves into discredit; it might probably have been very well for the public, if there had been any reputable witnesses against these men.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-113

113. CHARLES YOUNG and JOHN POWER were indicted, for feloniously stealing, on the 17th of September last, 2092 pounds weight of wood, called Red Sanders wood, value 20 l. the property of the East India company .

A second Count. For stealing the same, the property of persons unknown.

The witnesses examined apart at the request of Mr. Garrow, Prisoner's Counsel.

(The Case opened by Mr. Silvester.)

- WISSETT sworn.

I am an officer in the service of the East-India Company, I am clerk to one of the warehouses; a witness attends with some of the wood; this is red sanders wood, it is imported from Bengal.

Have the Company lost any of that wood lately? - Yes, as appears from the report, I can know no otherwise.

Court. It is impossible to prove this belongs to the East-India Company? - It is so, my Lord, for it is put up to sale very soon after it arrives, and it is impossible to say whether this has passed the sale.

Court. You must go upon the count, as the property of persons unknown.

ANDREW BRODISON sworn.

I am a custom-house waterman, I know the prisoner Young extremely well; on the 17th of September last I saw him in company with three other people at Ratclilffe-cross , they were landing red wood or log-wood, I do not know which.

Where did they carry it? - To one Mr. Bottlebold just below Ratcliffe-cross.

Was Satchfield with you? - Yes, it was between five and six in the morning, as nigh as I can guess.

Mr. Garrow. This was at the public plying place? - Yes.

I take it that sort of lumber is not such stuff as one could carry in one's pocket? - It was carried publicly.

As a baker carries his basket? - Yes, I saw them carry some pieces, to the best of my recollection.

WILLIAM SATCHFIELD sworn.

I was at this landing place on the 17th of September last, I saw the prisoner Young there, I cannot say to the other man; he came on shore with some wood, I do not know what wood it was, it was a kind of red wood, he took it to Mr. Bottlebold's wharf.

JUDAH BOTTLEBOLD sworn.

Mr. Garrow. Mr. Bottlebold you come here about something called red wood, you know that? - Yes.

You was charged also with receiving it, knowing it to be stolen, you know that too; nay, tell us, why you are an honest Jew; what, have you lost your voice? - Yes, Sir.

You was charged with receiving it? - Yes.

Why speak out, it has happened to many of your tribe before? - It never happened to me.

Mr. Garrow. My objection is, that Mr. Bottlebold being applied to, is to transfer that which is prima facie evidence against him as the thief, and put himself into a less disagreeable situation.

Court. Having called the two witnesses, they have proved enough of this man's evidence to go to the Jury, for there is no objection to the competency of the accomplice, he is at all times liable to be examined, but the objection is to his credit.

Mr. Garrow. There is no evidence at all against Power, for whom I am concerned, therefore your Lordship will not let him say any thing against Power.

Court. I must hear what he says, but I shall direct the Jury, that what he says against Power alone, is not evidence.

Mr. Silvester. Where do you live? - I did live in Narrow-street, Ratcliffe.

On the 17th of September last, did you receive any thing? - Yes, on the 17th day of September, between two and three in the morning, Charles Young and four other persons knocked at the door, and my partner Levy Phillips went down stairs and opened the door; they informed us, they had a parcel of red wood, they asked us what we would give them for it, and we agreed to give them half a guinea a hundred, it weighed fourteen hundred weight, they brought it in between three and four in the morning; after that, we went up stairs, and my partner gave Charles Young seven guineas for the wood; after they were gone, between five and six, I went to Mr. John Henry Ford , No. 17, in Broad-street, Old Gravel-lane; Mr. Ford asked us, what we would have for it, I asked him 18 s. he offered 16 s. when I returned, I found eight logs more of the same wood; soon after Charles Young and another person came in, and the said wood was weighed, and it weighed two hundred weight; I believe Power was there.

Do you know whether Power was there or not? - I rather think he was.

Can you swear positively that he was? - I think he was there positively.

Court. How came you to say then it was Young and other people; will you swear positively that Power was there? - He was; my partner agreed to give them a guinea, we was to call on Mr. Ford for payment.

What did you do with the logs of wood? - Mr. Ford took it away in a cart, and going home it was seized.

Who is the carman that took it away? - He lives in Nightingale-lane.

What is his name? - Horseman.

Was the wood in the cart, the same wood that was in your house? - Yes, it was put into Horseman's cart, to be carried to Ford's.

Is that part of the wood? - It is like it.

Mr. Garrow. What trade are you? - I am a dry-salter, and sell drugs.

Is this an article of dry saltery goods? - Yes.

Do you usually buy your wood at two o'clock in the morning? - I never did before.

Are you obliged to sell it by six, it is a perishable article, I suppose? - I took

the earliest opportunity, my partner wished me to sell it.

How long was you in gaol about the goods? - One day.

What did they send you to gaol for? - For receiving stolen goods.

Did you swear positively to Power at the office? - I said I was almost sure, I was quite sure, he had a different jacket on, he was ordered to put another jacket on, and then I knew him; I did not positively know him before.

Have you never doubted about it? - No, never.

How came you to say you believed it, and you thought it, if you had never doubted it? - Because his dress was altered very much, when I saw him.

Was not you from home a week after this happened, to hide yourself from the officers? - I was in the city, at my brother's, for a few days, it was holiday time, and there was an account that Charles Young was taken.

Was you from home for that cause, or any other? - I had no other cause but that.

But what? - But Charles Young 's being taken.

Court. You were quite sure at the Justices, when the jacket was put on, that Power was the other man? - Yes.

Did you tell the Justice so? - Yes.

You did? - Yes.

Then you said before the Justice, that Power was one of the men that was with Young? - Yes.

Now, take care what you say, for I have your examination before me, upon your oath, did you say one syllable about Power, or was his name ever mentioned? - The Justice asked me whether I knew him, I told him, yes.

You did, you swear that? - Yes.

Now, read his examination. How long after this man brought them to you, was it, that you went to the Justice's? - The same morning.

Court. Now observe, in two particulars, that he states that he swore before the Justice, that he was sure of Power.

(The examination read.)

"Middlesex. The voluntary confession

"and examination of Judah Bottlebold ,

"admitted an evidence on his Majesty's

"behalf, taken the 11th of October, 1785,

"who on his oath says, that about five

"weeks ago, he took a house in Narrow-street,

"Limehouse, and the first act they

"did, after taking the house, was receiving

"a quantity of red wood from Charles

"Young and four others, which confessant

"agreed with Charles Young and

"his four companions, for half a guinea

"a hundred; that on the 17th ult. at four

"in the morning, this Charles Young and

"four others, brought fourteen hundred

"weight; at six, the said Young and

"black Joseph brought eight sticks,

"weighing two hundred weight, for which

"they agreed to pay him one guinea, but

"not having money at home, the wood

"was left in the back kitchen; that the

"next morning, the informant and John

"Phillips, went to John Henry Ford ,

"No. 17, Broad-street, and told him

"that he had a parcel of sanders wood to

"sell, who being then in bed, he got up,

"dressed himself, and told Phillips and

"the informant he would get a cart, and

"come and take it away; that about

"seven the same morning, the said Ford

"brought a cart down, and the said wood

"was put into it by the driver thereof,

"said Ford, this informant, and his partner

"Phillips; that the agreement Ford

"and Phillips made for said wood, was

"161. per ton, that at the time of landing,

"he had no bill of parcels, nor did he ask

"for any, but that when they went down

"for the money, Ford told them that the

"wood was stopped, and he was to be at

"the Justice's by ten; that informant gave

"him a bill of parcels for the said wood,

"at 24 l. a ton: that informant received

"from said Young and his companions, a

"quantity of hemp, and seven bags of

"hops, which he is confident were stolen.

Mr. Silvester. Who was present at that first examination? - Nobody was present.

Mr. Garrow. What charge was you in custody for? - I was charged for buying hops.

And for buying some hemp too? - Yes.

The second examination read, dated the 12th of October, 1785; also, a third and fourth examination.

Court. In all these examinations, the nome of Power is not mentioned; he mentions him in a fifth examination, as he does now to-day. There is no other witness that speaks to Power, but this accomplice, whose evidence can have no effect against Power.

BENJAMIN PAYNE sworn.

I know Bottlebold, he did live in Narrow-street on the 17th of September, I saw a cart load of wood come to his wharf, there were forty-two pieces of sanders wood as they called it, I call it log wood; I put it into the office at Shadwell, William Elby took it there.

WILLIAM NICHOLS sworn.

On the 17th of September, I believe I was coming to the water side, between six and seven in the morning, I come up Narrow-street, Mr. Payne met me, and told me Mr. Saunderson and him were looking for me, to stop a cart-load of wood, I did stop it, it was carried to the public office, Shadwell; I do not know what became of it after.

WILLIAM ELBY sworn.

I was sent for on the 17th of September, on a Saturday, I took the wood out of the cart, and assisted Nichols to put it into the office.

SAMUEL BARNES sworn.

I was at the office at Shadwell, I received this parcel of wood, containing forty-two pieces, this is a part of it, it has been in the custom-house ever since.

Mr. Garrow. Under whose care? - Mine, and my brother officers.

You have the key of it? - I have.

You are sure that is a part of it? - Yes, it came in on the first of October, and had a tally on it.

You seized it, as uncustomed goods not as stolen goods? - I do not know that we seized it properly, but the Justice said there would be a prosecution, and we took it.

Prisoner Young. I was taken up for this before and was discharged, such wood as this comes from Guinea, I did not carry any such wood to Bottlebold's, I am a waterman, I dare not ask a gentleman how he comes by any thing.

The prisoner called two witnesses to his character.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-114

114. The said CHARLES YOUNG was again indicted for feloniously stealing, on the 10th day of October last, seven hempen bags, value 7 s. and two thousand one hundred and eighty pound weight of hops, value 70 l. the property of William Skirrow , being in a certain boat in the navigable river of Thames .

A second count, for stealing the same quantity of hops, laying them to be the property of David Wilton , then being in a certain other boat, called a lug-boat, on the navigable river of Thames.

There being no evidence to carry the matter further than on the last trial, the prisoner was again ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-115

115. The said CHARLES YOUNG and JOHN POWER were again indicted for feloniously stealing, on the 18th of October last, five hundred and sixty-five

pounds weight of wood called sapen-wood, value 14 l. the property of the East-India Company .

A second count, laying it to be the property of persons unknown.

(The case opened by Mr. Silvester.)

The witnesses examined apart at the request of Mr. Garrow, Prisoner's Counsel.

ROBERT WISSETT sworn.

I am clerk to some of the warehouses of the East-India Company; the East-India Company have lost a considerable quantity of sapen-wood.

Mr. Garrow. You know nothing but by the reports you had from the Company? - No, Sir.

Court. I think it is general evidence that they have lost some, though it would not be to any particular parcel.

Wisset. This is sapen-wood, a species of wood which is used in dying, and this is the first season in which it has been imported; it is a red dye.

ROBERT BRIANT sworn.

I am a watchman at Paul's wharf , I saw two men, but I cannot tell the day of the month, it was on a Tuesday morning, it was a full moon, it may be two months ago, it was a spring tide, it was very light, a little after two in the morning, they came and stopped some time by the stairs; I saw them come by water to the wharf, with a boat loaded with wood, which I thought was log-wood, they stopped there some time, and began to land it, I called to the watchman, and they came to my assistance, he and three men came, I knew Charles Young , I had seen him there before, he shoved his boat on round by our wharf, I spoke to him, I have no doubt but it was Young, I am sure he was one of the persons, I do not know the other.

WILLIAM COMMANDER sworn.

I am a watchman of Castle Baynard ward, on Tuesday morning, the 18th of October, I was crying the hour half after two, I saw two men unloading some wood the bottom of Paul's wharf, and I spoke to one of my partners, and said here is something clandestine, let us go down and examine them, when we went down they signified they were custom house officers, and that we had no business to meddle by water, because we were land watchmen and not water watchmen.

Mr. Garrow. Who said so? - The two men that were in the boat, they both spoke, I told them our orders were to watch the water as well as the land, and, says I, I am afraid it is something clandestine, or you would not land it at this time in the morning; I asked them what it was, and insisted that they should not land any more, they had unloaded about a third, we sent for Calladine and the constable of the night, and they did not know what to do, and one of them went to advise with one of our common councilmen, the boat was detained all the while, and they said they would go on shore and have something to drink, so they went up to the middle of the wharf and laid their heads together and came back and loosened the boat, and rather shoved it off, and one of them took up a scull and said, he wished it was a pistol, he would blow our brains out, they left the wood they had landed on shore, I know Young, he was one of them, I cannot be positive to the other.

Mr. Garrow. You was there all the time that Newman was there? - No, Sir, I went up for the constable.

STEPHEN NEWMAN sworn.

I am another watchman of this ward; on the 18th of October, between two and three, Commander gave me a signal, and when I came up there were two more of our watchmen and him and me, and we went down to Paul's wharf stairs, and there was some wood laid on shore, and there was a good deal of wood in a boat, and the two prisoners were trying to shove the boat on shore, and we asked them what they were about, they said what was it to us, we were watchmen on land and not by water; and I left them there and went to

fetch the patrol, and when he came he was as ignorant of the affair as ourselves, he sent for the constable; Young was one of the men, and he said the wood belonged to one Mr. Harrison, of Spittalfields, who was coming there with his cart for it; there was a cart drove along Thames-street to the end of Paul's wharf, and some men came down, and Young asked them if Mr. Harrison was coming, and one man said he was, and another man said, what Mr. Harrison? then he said he was coming; that man not knowing the name of Harrison gave us a suspicion, then Young said we will go and get something to drink, and Power came back and followed them, and Young said they may keep the wood and be d - d, it will not fetch them above three shillings, they will not let a man get a shilling, I know both the prisoners, they were both the men that were there; Young took up one of his sculls and said he knew him very well, and he would take the number of his head wherever he met him, and he said, d - n you, I wish this was a pistol, I would blow your brains out, they pushed off their boat, and away they went, and we took the wood to the watch-house, here is some of the wood.

Mr. Wisset. This is sapen-wood, which is worth fifty-eight shillings per hundred, a very small quantity was sold at the sale, being a new article.

Mr. Garrow. How long might all this conversation take up? - About an hour.

What all you watchmen left your stands to hold this conversation, which has been told here in two minutes, and it took up an hour; was you acquainted with Power before? - No, Sir, I was not.

This was the 18th of October, when did you see Power again? - I think the 11th of last month, it was three weeks and a few days.

When did you see him the next time? - At the Justice's, at Shadwell, at the bar with Young.

They told you that he was one of the parties that had been robbing on the Thames? - No, Sir.

Did not Nicholls tell you so? - I do not know Nicholls.

How happened it, that you are so much more able to swear to this man, than any body else that was there? - I am here to speak the truth.

What cause of knowledge have you superior to all the rest of your fellows that were there? - I stood and looked at some wood all the time.

Do you know that this man's life is at stake? - He was dressed in a brown jacket, and a round hat, it did not flap down much, it was up on the sides, it did not hide his ears nor his eyes; I swear to him by taking notice of him, and when I saw him again, I knew him.

Had you given any description of him to any body? - No, do not you think I could swear to him as well as I could to Young.

What reward do the East India Company give upon the conviction of these persons, that are suspected of robbing them? - I cannot tell.

Have you never heard? - No.

Do you know what reward is to be got, if these men are cast? - I am not a thief catcher.

You seem to be a better trade, a thief fixer? - I am sure he is the man, I am quite sure and positive of it.

JOHN CALLADINE sworn.

What are you? - I am a house-man, and patrole of Castle Baynard ward, I know one of the prisoners, that is Young, but I am not positive to the other, whether he was there or not I cannot say.

Mr. Garrow. I believe they were a little angry with you, before the Justice, that you would not be positive to the other? - Who was?

Was not there a little misunderstanding; - A person asked me whether I did not know him, I said I had not so much conversation with him as with the other.

Who asked you that? - Newman.

He was a little displeased? - No.

He argued with you a little? - Only

three words, there was another man there, and after that came more down.

Did you weigh the wood? - Yes, there was five hundred and five pounds.

DENNIS MOUNTAIN sworn.

I am one of the watchmen, I know Young very well, but the other, I cannot say I know him so well.

Mr. Garrow. You do not mean to say that he was there? - I do not mean to say that he was not, but I cannot safely say he was.

PRISONER YOUNG's DEFENCE.

I am a waterman, this wood is log-wood' it is not sapen wood, if there is any man that is a judge of it, he will say so.

Court to Wissett. Are you so compleat a judge, as to tell us, this is not log wood? - I am not a judge of log wood, I cannot tell whether this is log wood.

The Prisoner Young called two witnesses to his character.

PRISONER POWER's DEFENCE.

I am quite innocent of the matter.

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

BOTH GUILTY .

To be transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-116

116. RICHARD BURTON was indicted, for that he, on the 10th of December, about five in the morning, unlawfully did enter into a certain nursery ground, of and belonging to one Matthew Burchel , and forty shrubs, called yew trees, the value of 6 l. his property, from and out of the same, without his consent, unlawfully, wilfully, and feloniously, did break, spoil, and carry away , against the statute.

A second count, For entering the same, and spoiling, taking, and carrying away, forty plants called yew trees his property.

A third count, For feloniously breaking and spoiling and destroying forty shrubs.

A fourth count, For feloniously breaking spoiling, and destroying forty plants.

MATTHEW BURCHILL sworn.

I live at Fulham , I was informed by one of my men, that he had found a great many of my trees cut in my nursery, but he had not been round to see, I went directly and found that they had been cut for the purpose of sticks, by cutting out only the middles of them, they are fan yews, as soon as I found that was the case, I took my horse and came to London, and searched almost all the stick shops, and whip shops, I had been all round, and I went to Mr. Clarke's shop in Exeter-change, and found some sticks there, which I did not look at there, but they were afterwards produced, they are now in Court, and on Sunday morning we compared the stumps of these sticks with those that remained in the ground, and they exactly matched, we have three to shew, we had several more, but we thought that was a sufficient quantity; I saw the prisoner at Sir Sampson Wright's, nothing passed there, he made no defence, he confessed the fact.

Mr. Silvester. Before we read that confession, was any thing said to him, to induce him to confess? - Nothing in the world, from any body living.

Mr. Garrow. Do you know whether Mr. Clark's apprentice had said any thing to him before? - No.

What is the value of these trees? - They are fan yews, and sold at six shilling or seven shillings a piece, but they are worth three shillings a piece of an average, I think the value about six pounds.

Mr. Garrow. There were several of these trees cut? - Yes.

What was the age of the trees? - Some of them are twenty years old.

Does yew ever grow to timber? - It grows a very large tree.

Is it a timber tree? - No, it is not.

Upon your oath, is it not a shrub? - It certainly is, I will answer for it to be a shrub.

I believe it is a yew tree, do you call a yew tree that is twenty years old, a yew shrub? - Yes.

Would you call an oak of twenty years growth, if it was put in a shrubbery, a shrub? - No.

You would however call a yew tree if it found its way into a shrubbery, a shrub? - Yes, if it found its way into a shrubbery.

Court. I will tell you my idea, I rather think I am correct, I conceive that the description of the act of parliament is meant to comprehend all possible cases; first it discribes the particular species of trees that are usually denominated timber trees, and lest that denomination should not be likely to be compleat, it says, any timber tree, or tree likely to become timber; by the word shrub, I understand that which is of a nature that never would grow to a timber tree; by the word plant, I understand that which is in its infancy, as an oak plant, a beech plant, an elm plant; if they ever would grow up to trees, they are plants; if they would not they are shrubs.

Court to Prosecutor. Were these trees spoiled by these sticks being cut out? - They were.

Mr. Garrow. They were fan yews? - They were.

You say yew is not timber? - I do not know that it is.

If you had found a fan yew, in a church yard, you would call it a tree; if you found it in a shrubbery, you would call it a shrub; now, suppose by accident, you had found a yew tree upon a waste or common, what would you call it there? - There, it might by called a plant.

Have you any fourth name for it? - I do not know but they may, they certainly are described under all these names, a yew tree, a yew plant, a yew shrub.

But not at the age of twenty years? - They are.

Mr. Silvester. A shrub is what I understand, to be a tree cut down for gardening.

THOMAS HAMLIN sworn.

I am a servant to Mr. Clark, I know the prisoner perfectly well, he came to my master's on Saturday morning, that this gentleman came about these trees, he came to sell me some yew sticks, he brought them, and laid them down in the shop; he said, I have been waiting sometime for you, here are some yew sticks for you, if you have a mind to buy them.

What morning was this? - Saturday morning the 12th of December, I purchased them of him, I gave him fifteen shillings, this is the piece that matched, I saw them matched, and cut off by Mr. Burchel's gardener, they matched exactly.

Was you present before the Magistrate? - I was.

Was any thing said to him, as a promise of favour to tell the truth? - No, all the words that I heard him say were, I did cut them.

The Confession read, signed Richard Burton , it was signed by Sir Sampson Wright and read over to the prisoner before he signed it.

"The examination of Richard Burton ,

"charged with felony, at Fulham, in the

"county of Middlesex, taken before Sir

"Sampson Wright: who confesses that

"about eight in the evening, on Friday last,

"he went to Fulham, and laid down in a

"field till five o'clock, when he went into

"Mr. Burchel's nursery ground, where he

"cut down with a knife, five dozen and

"upwards of yew plants, which he carried

"away, and carried them about seven

"the next morning, to Thomas Clark 's

"stick shop, and sold them for fifteen

"shillings.

Mr. Garrow objected that the evidence did not reach the act of parliament, and that there was no word in the act of parliament, that authorized his Lordship to say that the cutting part or any of the shrubs, was that felony described by the act of parliament.

Court. I shall leave it to the Jury, whether they are of opinion, that the plants and shrubs in this nursery ground had been broke or spoiled, if they are, I shall direct them, that in point of law, that is sufficient to support the indictment.

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

GUILTY .

To be imprisoned six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-117

117. JAMES FREWEN and ROBERT SIMMONDS were indicted for feloniously stealing, on the 8th day of November last, one black gelding, price 10 l. the property of Watkin Felwell .

WATKIN FELWELL sworn.

I lost a horse in the night between the 3d and 4th of November, a black horse, I had it, I believe, between four and five months, I knew the horse as soon as I saw him, I lost him from my stable, which is distant from my house about twenty or thirty yards, in consequence of being informed the horse was gone, I had two advertisements made out, and sent one to Oxford, and the other to Reading, on the Saturday I had it cried by the common crier, at Wallingford; on Monday following I went to London on private business, not on account of the horse, I had given it over for lost; I went to Bow-street and requested to see the horse, as soon as I saw it, I knew it directly, it was shewn me at a stable near to Bow-street, one of the men belonging to the office shewed it me, I know nothing of the prisoner of my own knowledge.

Mr. Garrow. Did not you know one of the prisoners before? - I understand there is one of them lived in the town of Wallingford, that is Simmonds, but I did dot know him.

Was you present at the first examination in Bow-street? - Yes, Sir, he said, he was on Friday, and Saturday, and Sunday, at Wallingford, and he referred us to several persons whom he was shaving, I went down to several persons, and enquired of them, and they said, they had been shaved by him on those days.

Did you lose a saddle and bridle? - No, Sir.

Did you find the horse with a bridle and a saddle? - The people that took the the horse up, said, there was a saddle and bridle.

Frewen told you he found the horse on Clapham-common? - Yes.

That he had found it with a bridle and saddle, and suspected it had thrown its rider, and brought it to town to be owned? - I believe he did, I lost the horse the 4th of November, the next time I saw him was in Bow-street.

Court to Carpmeal. What stable was the horse at, it was at one Froome's stable, in Hart-street, I brought the horse there on the 8th of November, on a Tuesday, I brought him from a stable of one Mr. West in White-cross-street.

Is the horse that Mr. Felwell saw the horse that you brought from West's? - Yes.

Mr. Garrow. As you are one of the officers, of course you are acquainted with Mr. Worley Walmslay ? - I never knew him tried, he informed me where the horse was.

JOHN WEST sworn.

I keep stables in White-cross-street, to let out saddle horses, I remember the horse that Carpmeal took from my stables, on the 8th of November, the prisoner Frewen brought him to my stable.

When did he bring him there? - On the 4th day of November, about three in the afternoon; he asked me if I could take care of him, and I said, yes, he begged I would give him a mash, I told him I was very busy and begged he would assist, and

he staid and assisted to give him a mash, he left him there, and I was admiring the good shape of the horse, and I told him I should like to buy him, if he was for sale.

What answer did he make to that? - He said, he was not for sale, I more than once told him, I should like to give thirteen guineas for him, which I thought was his full value, he refused it.

Do you think that was his value? - That was more than the gentleman himself gave for him, as I found since; Frewen came there every morning.

Where was Frewen when the officer from Bow-street came? - I believe they had got him in custody then.

Did he at any time say how he came by the horse? - I was under some apprehensions that there was something of a note or money mentioned, as I told the Justice, but I do not distinctly recollect.

Mr. Garrow. It had a bridle and saddle? - Yes.

JOSEPH HALL sworn.

I am servant to the prosecutor; about half after six on the 30th of November, I was at the stable, I locked the door, the horse was missed, the next morning when I went, the door was open, and I could track the horse round the back way about three furlongs into the road, then I lost the track.

WORLEY WALMSLAY sworn.

Mr. Garrow. Are you acquainted with Mr. Richard Taylor the younger? - Sir, I have seen him before.

Where did you see him last? - Here, I believe.

That was when you was convicted, was not it? - Yes, I was convicted, and burnt the hand.

Court. Then there is an end of your objection.

Walmslay. On the 17th of last month I saw Frewen up in Aldersgate-street, he told me he had got a nice horse, I asked him where he had him, he told me he stole him out of a gentleman's stable in the country, I desired him to let me look at him.

Mr. Garrow to Short-hand Writer. Did you observe this witness when he was sworn? - No, Sir.

Mr. Garrow. I beg your Lordship will direct this witness to be re-sworn, in order that Mr. Hodgson may see him sworn, that he may be able to prove it on a future day.

(The witness was re-sworn)

Mr. Recorder to Walmslay. You was sworn before? - Yes.

You asked him if he would let you look at him? - Yes, and he told me if I would come in the morning I should see him, he told me to come up to Simmons's Inn, in Aldersgate-street, which is a china shop, where he lodges, I went there, but he was gone out, and I went down Beech-lane, and at the corner of Beech-lane, I met him and the prisoner Robert Simmons together, to the best of my remembrance it was the Tuesday after, I first met him on the Monday, I asked him to let me look at him, he told me he durst not let me look at him, for Simmons was come up to give the gentleman information, or to put him in the papers; he told me Simmons had put him up where to get him, and he durst not let me look at him.

What do you mean by put him up where to get him? - To the stable where he was, I understood him he told him where he was, and he was to take him out of it.

What that Simmons had told him? - Yes.

That was what he told you, was it? - Yes.

Then Frewen did not know where he was himself? - He told me not, but the other had told him, he did not know himself, he said, 'till Simmons told him, and he told me; he went and undid the stable door, and took him out.

When did he say this had happened? - He told me he got him a night or two before, but justly, I cannot say; that Simmons had told him where he was in the country to steal him, and he had gone and undone the stable door, and taken him out, as he told me; I asked him

where the horse was, and he told me, the horse was down in West's stables; we went and had something to drink together, and he told me after that, he and Simmons were going down to the Pitt's Head in the Old Bailey, and I went and told Mr. Carpmeal and Jealous of it; I went to Bow-street, and gave information.

Then, though this man was afraid to shew you the horse, he was not afraid to tell you he had stole him? - He said that Simmons was come up to sell him; that the gentleman was come to town.

Mr. Garrow. Was you an intimate acquaintance of Frewen's? - Not much acquainted, only drinking with him several times; he told me in Beech-lane, that Simmons was come up, to let him know, that the gentleman was come to town.

Look towards the Jury, and tell them who you are? - Yes.

Where have you been, since you was convicted here, what have you been doing since? - I have been hard at work, I suppose.

What sort of work? - Several sorts.

Name some of the honest work you have done? - I have been hard at work almost every day.

Tell me one honest day's work you have done? - I could tell you several, if you go to Mr. Spencer's, the horse-dealers, he will tell you, I have been at work there most of my time at Spencer's stables until last fortnight, when I hurt my leg.

Which Spencer? - Robert Spencer .

Why he has been dead this twelve months? - Then it was his son; I worked in the garden at Hampstead.

Do you know any body of the name of Allen? - I do not know much about him.

I mean the man that was tried this sessions? - I do not know any thing about it.

Upon your oath, did not you give information against John or William Allen ? - No, never.

You never gave information against any man of the name of Allen? - No.

You did not, upon your oath, you know we have sworn you twice, that that gentleman, Mr. Hodgson, might prove it? - No, not as I know of, to the best of my knowledge.

Will you swear that you did not, honesty? - Yes, I will swear that I did not.

You did not tell the traps that they might get him in Hertfordshire? - No, I did not.

Did not you go down with them? - I did not.

Have you been in Hertfordshire lately? - I have not.

Did not you go with Carpmeal to take Allen? - I did not.

Do you know any body of the name of Landon? - No.

You gave no information against him? No.

Nor against Glover? - No.

Now swear that? - I do.

What do you say of John Henry Aickles ? - I was not the cause of his apprehension.

How much blood money have you had since, my friend? - I never had none in my life.

You deny giving any information against the others? - Yes, I will.

Court. Did Frewen tell you what he intended to do with this horse? - He did not tell me any thing about it, whether he was for sale or not.

Then he spoke to you merely for the purpose of informing you, that he had stole the horse? - I do not know for what purpose it was, I was to see him in the morning.

For what purpose, did you conceive, that he told you he had this horse? - I cannot tell.

You have no idea of what reason he had for telling you that he had stolen this horse, unless he wanted to dispose of the horse? - I do not know.

PRISONER FREWEN's DEFENCE

I was in Gracechurch-street, I heard of a coachman's place, I went to Clapham-common, after the place, there I saw a horse with a bridle and saddle on the common and nobody near him, I supposed him to have thrown his rider, I brought him

into the road, I perceived he was a little lame, he had one shoe on, I rode him gently to town, and brought to Spencer, I asked him to give him a mash, I stood and helped him, I left the horse in his care.

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

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-118

118. ANTHONY TURNER was indicted for feloniously stealing on the 24th of November last, one purse, value 6 d. and sixteen guineas, value 161. 16 s. and one half-guinea, value 10 s. 6 d. three crown pieces, value 15 s. and 14 s. in monies numbered, the property of Thomas Holmes in his dwelling-house .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17851214-119

119. DANIEL LEWIS was indicted for obtaining 10 l. from John Giles by false pretences .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-120

120. ANN ALLEN and WILLIAM JAMES were indicted for that they, on the 22d of November , one piece of false and counterfeit money and coin made and counterfeited to the likeness and similitude of a shilling, unlawfully, unjustly, and deceitfully, did utter to one Richard Holliday , knowing the same to be false and counterfeited .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17851214-121

121. ELIZABETH, wife of JAMES WATKINS was indicted for feloniously receiving, on the 4th day of December last, one piece of scarlet cloth, containing 14 yards, value 14 l. the property of Henry Scott , William Stenton , and James Lewis , by certain ill-disposed persons feloniously stolen, knowing the same to have been stolen .

The prisoner's husband being present at the receipt of the cloth she was ACQUITTED .

Reference Number: s17851214-1

The Trials being ended, the Court proceeded to pass Sentence as follows.

Received Sentence of Death, 14. viz.

John Murray otherwise James Murray, Charles Seymour otherwise Moore, Joseph Leonard , George Wilson otherwise Jackson, George Dunstan , Thomas Scrivenor , Thomas Harris , Charles King , Thomas Thompson , Benjamin Rogers , John Bateman , Abraham Boyce , Michael Druitt , Thomas Shipley .

Received Sentence of Transportation for seven years to Africa, 2, viz.

George Hooker , Thomas Bates .

Received Sentence of Transportation for seven years to such place as his Majesty shall appoint, 31, viz.

William Simon Bowyer , Joseph Horton , John Grew , John Cropper , John Barford John Oldfield , John Williams , Thomas Osborne , Samuel Simms , Michael Bradbury , John Price , William Snowden , John Weldon , Edward Dennis , Thomas Wilkey , James Want , John Hogan , William Francis , James Hill , James Thomas , James Smith , Charles Young , John Power , Richard Knowlan , Thomas Samuel Charles , William Foxall , Jeremiah Rose , James Doylett , Jeremiah Peacock , John Atkinson , William Gladman .

To be imprisoned for twelve months in the House of Correction. 6.

Richard Cole alias Allen (fined one shilling) Richard Burton , Robert Parry , Jane Lloyd , Sarah Armon , Frances Johnson alias Fielding.

To be imprisoned for six months in the House of Correction. 14.

Hannah Hall, Alice Lesson , Charles Sorrel , David Graham , William Cross , Robert Hanson , James Green , Peter Fitzgerald , Mary Patmore , Mary Wood , Mary Nicholls , William Slater , Ann Wright otherwise White, Mary Thompson .

To be imprisoned one month in Newgate.

Elizabeth Aldridge .

To be Publicly Whipped, 3, viz.

James Oakes , Robert Parry , George Rawlinson .

Sentence respited on Judith Phillips .

The trial of Francis Abbot and William Hill postponed to the next Sessions.

Reference Number: a17851214-1

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 acknowledges) 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,

"SHORT-HAND

"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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