Old Bailey Proceedings, 22nd February 1786.
Reference Number: 17860222
Reference Number: f17860222-1

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 22d of FEBRUARY, 1786, and the following Days;

Being the THIRD 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 III. PART I.

LONDON:

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

MDCCLXXXVI.

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

London Jury.

George Dyson

Joseph Scott

Joshua Bowers

Joseph Weedon

Joseph Tinniswood

William Smallman

Thomas Holmes

John Mayor

Charles Mitchell

William Thompson

John Meane

Benjamin Blakesley .

First Middlesex Jury.

John White

John Hayter

William Morris

John Jagger

William Jackson

* Thomas Tupp

* James Hartshorn served part of the time in the room of Thomas Tupp .

William Ball

Richard Bowling

John Shepperson

John Stanway

John Edwards

Abraham Parsonage .

Second Middlesex Jury.

William Seymour

Joseph Hobbs

William Burgess

Joseph Simmonds

John Abrahams

George Burraston

Thomas Holmes

John Aspley

Richmond Barker

Matthew Deere Percivile

William Cooper

Percy Sadler .

Reference Number: t17860222-1

192. JOSEPH RICKARDS was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 11th day of February , at the parish of St. Pancras , in and upon Walter Horseman , in the peace of God and our Lord the King then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and that he

he said Joseph Rickards , with a certain iron bar of the value of 12 d. which he in both his hands then and there had and held, the said Walter, in and upon the body of the said Walter, did strike and beat, giving him then and there, with the said iron bar, one mortal wound of the length of three inches, of the depth of two inches, and of the breadth of one inch, of which said mortal wound the said Walter from thence to the 19th of February, did languish, and languishing did live, and upon which said 19th day of February, the said Walter Horseman did die; and the jurors say, that him the said Walter Horseman he the said Joseph Rickards did kill and murder .

MARY HORSEMAN sworn.

Court. You are the widow of the deceased? - Yes.

Was the prisoner a servant to your husband at any time? - Yes, about a year and a half, I believe, to the best of my knowledge.

When was he discharged from your husband's service? - I think, to the best of my remembrance, it was a month the Thursday before the deed was done.

What business was your husband? - A milk-man .

What was the occasion of his being dismissed from his service? - It was that he did not do his work against his master came home.

How old is this prisoner? - I think he is between eighteen and nineteen.

Where did he come from? - Out of Bedfordshire: I understood he went to see his mother, in Bedfordshire, after he was dismissed.

How long did he stay away, before he returned to your house at Kentish town? - I think about a week or ten days.

Did he come to your house after he returned? - Yes, he did come to our house several times, and I gave him victuals several times.

Did your husband know of that, Madam? - My husband knew that he had been to the house, but he did not know that I gave him victuals.

How did he employ himself after he came back to Kentish Town? - He had very little work to do after he came out of the country.

Then he hardly earned his living, did he? - No, my Lord, he did not, and that was the reason I gave him victuals.

Did he lay at your house after he returned? - Not to my knowledge he never did.

But do you know in fact that he did, though without your consent? - No, he never lay a night in the house that ever I heard of.

When did this accident happen? - On Saturday morning, the 11th of February, I found it out.

What time in the morning? - It was about ten minutes after two or rather better.

Was you in bed? - I was.

In what room? - In the room under where my husband slept.

Was you called or how? - I have a little girl of four years old lay with my husband.

A daughter of yours? - Yes, the child called me, that waked the other in the other room, and my little boy after called to me at the top of the stairs.

What did she say? - I did not hear her call, it waked the other in the other room, my little boy, who lay in the other room, on the same floor, he lay along with Trotman, and he called me.

How old is that boy? - Ten years old this September.

What is that Trotman? - A lodger in the house.

Is he a man? - Yes.

What is his Christian name? - John.

Did the room where Trotman and your little boy lay communicate with the room where your husband lay? - Only the stair parted them, my little boy came and knocked at my door, and told me his father wanted me, I went in directly, and by the light of the moon, he seemed to be quite black with blood from his face to his waist, the moon shone very bright, and there are two large windows in the room, he was sitting up in the bed, and as far as his waist appeared black and covered with blood.

Did he speak to you, good woman? -

When I saw him, I said, Horseman, my dear creature, what is the matter with you? he said to me, Lord bless you! something has run over my face; I said, Lord bless you child! run over your face! why you are nothing but blood; he made me answer, have you got a candle? I said, no child, I did not wait for a candle: I went down immediately, and got a candle, and when I came up, I found him beat and cut all to pieces; his forehead, and his eyes and nose were cut all to pieces; I asked him to tell me how it came, and he said I do not know, do not ask me, I do not know how it came. I called Trotman up, to go and fetch his nephew to me, and likewise to order the doctor and surgeons to come, that live at Kentish Town, then I went and got the pillow case off the pillow to wrap round his head, to try to stop the blood, then I got him to lay down in the bed, then I turned myself round in the room, and I found a stick laying by the drawers between the fire-place and the drawers, I took the stick up in my hand, this is the stick, but there was no blood upon this.

(Produces a hedge-stake.)

Did you ever see this stick before? - I saw it at the time it was cut, which was the Sunday before this accident happened.

You never saw it in your husband's room before? - No, it never was there before.

Who cut it? - Trotman and the prisoner went out on Sunday to cut some sticks, and they brought in three.

Who had that? - This was the prisoner's stick.

Did he bring it in with him? - To say whether he brought the stick in his hand, or whether Trotman brought them all in, I cannot say.

Why did you say it was the prisoner's then? - Because it was a rough stick, cut off an elm tree, when it was brought in the prisoner cut it round the head as you see.

Did you see him do that? - I saw him doing it on the Sunday.

What did he do with this stick after he cut it round? - I do not know.

Did you ever see it after he cut it round till this time? - I have seen him with this stick in his hand when he has been out of the door.

Have you seen him with it more than once? - I cannot say whether once or twice, but I have seen him with it.

Do let us look at that stick.

(The stick handed to the Court: it appeared upon inspection to have lead poured into a hole in the top.)

Did you ever see any thing done to this stick besides cutting it round? - No, I never did; then I took this iron bar standing between the fire-place and the drawers, the drawers are not a yard from the fire-place, it appeared to stand leaning one end of it against the fire-place, and the other against the drawers.

Was there any appearance of blood upon it? - Yes, there were marks of blood upon it, and several hairs upon the end of the bar, but I believe by carrying it backwards and forwards they are off.

Was the blood fresh? - Quite fresh, it was then.

You could not have any account from your husband how it happened? - No, he never could give any account till the time he died; it was done on Saturday morning between one and two, I imagine it was, and he lived till the Sunday se'nnight following, till the 19th of February.

Was he in his senses till he died? - Yes; he had not the least idea how it happened, he never could tell how it happened.

Was his scull fractured? - Yes, it was, but I did not understand the nature of any thing of the kind; but it was cut and mangled in a desperate manner.

What was the reason you did not lay with your husband that night? - My Lord, I did not lay with him for six or seven nights, I have a little child about fourteen months old, that was very bad, cutting his teeth, and to prevent disturbing my husband, as he worked so hard, I lay with a woman.

Was your husband used to sleep sound? - Very sound in his first sleep, till he waked

about four o'clock, and then he used to be very wakefull.

Have you any thing to alledge against the prisoner at the bar for being guilty of this? - No other, but by finding the stick in the room, and likewise the stairs being so critical, I thought it was impossible for a stranger to have done it, without taking any thing.

How could a person get into your house without being let in? - God Almighty knows, my Lord, I cannot tell how, unless he got in, in the evening, and concealed himself in the house.

When you went to bed, did you fasten all your doors and windows? - I fastened all the doors, my Lord, the windows down stairs are not made to open.

How are they above? - Above they slide up and down.

Sashes? - Yes.

Do you know whether these were fastened? - They were all down when I went up stairs, we never did screw them, only slipped them up and down at pleasure.

Did you find any of them up in the morning? - No, never a one of them.

Was there any little room of any kind in your husband's room, or within it? - No, there was none, there are three cupboards in Trotman's room, they are the length of the room, to put lumber in.

Were these cupboards down to the floor? - No, not down to the floor, I imagine they are a yard from the floor.

Then a person to get into one of these cupboards must have stepped upon something? - They might have stepped upon the bedstead, which is under the cupboards.

Is there room for a man to stand up in it? - No, they must either lay down or sit in it.

Is there a cupboard in your husband's room? - No, never a cupboard there.

Your husband, I find, discharged this prisoner from his service, upon account of neglecting his duty, and not doing his business against the time of his coming home? - Yes.

That was his reason? - Yes.

Do you know of any enmity between them? - Never in my life.

So you know of no grudge from the prisoner against your husband? - No, my Lord, I never heard anything of the kind.

Do you know whether any thing was taken away this night from your husband? - I missed nothing but a few farthings, which were in a bason, in a closet where we kept our china, in the room where my husband lay.

How many farthings were taken away? - I cannot say precisely to the quantity, but I imagine there might be about sixpenny-worth, there were a great man more that lay in rows, in sixpenny-worths, there might be half-a-crown's-worth for what I know.

That was all you missed? - Yes.

Is this all the evidence you can give? - Yes.

Court. Will the prisoner ask any question of Mrs. Horseman? - No.

MARY FULLER sworn.

Did you lodge at Mrs. Horseman's? - Yes, I lived there a twelvemonth last Christmas.

You lived there at the time the poor man was killed? - Yes.

Can you give any account of that matter? - No, I cannot.

What do you know relative to the prisoner at the bar? - I can give no account, Mrs. Horseman called me.

Do you know any thing about it? - No.

You lay with Mrs. Horseman? - Yes, with Mrs. Horseman and the two children.

Do you remember Mrs. Horseman being called up in the night? - Not the first time, till she came and called me.

Did you go up stairs? - I got up immediately, and put my things on, and went up stairs.

Was Mrs. Horseman there at the time you went up? - We both went up together, I could not have patience to stay behind, I was so frightened.

What condition did you find poor Horseman

in? - All over blood, all red, covered with blood.

Could he tell how it happened? - No, he never said a word to me; Mrs. Horseman desired me to light a fire immediately.

Do you know any thing of a stick? - Yes, I saw the prisoner at the bar send for a pipe, and melt lead in it.

How long was that before this poor man was wounded in this way? - As nigh as I can recollect, it was either Tuesday or Wednesday before.

How did he melt the lead? - He put lead in the bowl of a tobacco pipe, and put the pipe into the fire, and I saw him take and pour it into the hole of the stick.

Look at the stick and shew us where it was? - Yes, I will take my oath to the stick, here is the place where it was poured in.

Court. (Looks at it.) Gentlemen, you will look at it, but it seems to be of no consequence, it is only to fill up the hole.

Where was the prisoner when he melted the lead? - At Mr. Horseman's house, he stood directly by the fire, nobody was in the house but me, and the child in my lap.

How long before Mr. Horseman died, did you see the prisoner at his house? - As nigh as I can recollect it was four or five days.

Did you ever see him at the house any time after he melted the lead, till the time Mr. Horseman died? - He has come into the house after Tuesday, but he has not stopped.

Do you know whether he ever lay in the house, after he was turned away? - Never, to the best of my knowledge.

Did you lay there every night? - Mrs. Horseman, and me, and the two children, lay together every night.

Do you know whether Mr. Horseman ever saw him in the house, after he was turned away? - Not to the best of my knowledge.

JOSHUA JOHNSON sworn.

I am a watchman at Battle-bridge, I met the prisoner at three o'clock in the morning, I was crying the hour.

What morning was that? - On Saturday se'nnight.

Whereabouts was it you met him? - In Chads-row.

How far is that from Kentish-town? - About a mile and a half, when I met him he wished me a good morning.

Did you know him? - No, Sir, I never saw him before to my knowledge, he passed me, and went towards Kentish Town.

Do you know this Mr. Horseman? - Yes.

Did you know where his house was? - I never was there, I never knew where he lived, I have been told it was by the Old Chapel.

How far might that be from the place where you met him? - Near two miles.

Court to Mrs. Horseman. Where is your house situated? - It is on this side of the Anglers, in Kentish Town, next door to where the Old Chapel stood.

Johnson. He passed me, and went towards Kentish Town; I had to call a little higher, when I returned, I walked sharp after him, and he stopped against my watch-box, and when I was within a few yards of the box, he said, watchman, here is threepennyworth of farthings if you will accept them.

Did you take them? - Yes.

What became of him then? - He went towards Kentish Town.

Are you sure the prisoner is the same person you met? - Yes, I am sure he is the same person, the moon shone very bright.

That is all you know? - He wished me a good morning, and said it would be four o'clock before he got to Kentish Town.

Court to Prisoner. Would you ask any question of this witness? - No, my Lord.

JOHN TROTMAN sworn.

Did you lodge at Mr. Horseman's? - Yes.

What is your business pray? - A blacksmith.

Are you a journeyman blacksmith, or how? - Yes.

Where was your room that you lay in? - On the other side of the house.

Was it upon the same floor where Horseman lay? - Yes, only the stairs parted the rooms.

Who lay with you? - Mr. Horseman's son.

How old is he? - Upon my life I cannot tell, about ten years old I believe.

Did you hear any noise in the night time? - No, none at all.

What did you hear, what do you know of the matter? - The little girl that lay with her father, came and called for her mother first, and then she came and called me.

What happened then? - That waked me, and I heard Horseman groan; then I called out to him, and asked him what was the matter with him, he said, Lord bless my soul, John, something has run over my face; then Mrs. Horseman, his wife, came up stairs, and she asked him what was the matter with him, and he said the same thing to her, that something had run over his face; then I got up directly, and went to Kentish Town to fetch his nephew, she desired me to go.

What was the nephew's name? - William Winkworth , then I fetched him, then I went to Tottenham-court-road, to Doctor Prykes , and Mr. Sallinger, came with me.

Did not you find the doctor at home? - Yes, he was at home, but the servant came.

Where does Mr. Sallinger live? - He was at Mr. Pryke's house.

When you rose did you go into the room where Horseman lay? - No, I did not go in, I looked in at the door and saw him, and I went for his nephew as fast as I could.

Did you ever observe an iron bar in the room where Horseman lay? - No, I never did.

Did you ever observe one stand there, in the chimney, or any part of the room? - No, I never did, I never did go into the room.

Will you look at that stick, have you ever seen that stick before? - Yes, I cut the stick.

How long before this affair did you cut it? - I believe it was a week, or a fortnight, but I am not sure which, I cut three, but the others were not so big as this.

Was the prisoner with you? - Yes, he was, I brought them into the house, and I took the least, and the prisoner said he would have this.

Did you see him do anything to that stick afterwards? - I saw him bore this hole in our shop at the top of the knob, that was all I saw him do to it.

Who put that lead in it? - I do not know, I did not see him put it in.

Did you see the iron bar after you had been for the surgeon? - I saw it before I went for the surgeon, for Mrs. Horseman had brought this bar out into my room, when I was in bed, before I got up.

What condition was it in? - It was all over nothing but blood, and the blood was jellied on the bar, or pieces of flesh, I do not know which.

Where did the iron bar usually stand? - It used to stand in my room, under my window, it belonged to my window, but the window shutter was never fastened.

Did you see any hair upon it? - No, I did not observe any.

Court to Prisoner. Would you ask any questions of this witness? - No.

SARAH ROSE sworn.

Do you know the prisoner? - I know him, he lodged at my house.

How far do you live from Horseman's? - About four doors I believe.

When did he come to lodge at your house? - He came to lodge with me the Monday fortnight before.

When did you know him first? - I knew him when he lived with Mr. Horseman.

And after he was discharged he took a lodging at your house? - No, not till after he had been at his mother's.

Do you know where he was the night this unfortunate accident happened? - He was not at his lodgings that night.

Had he laid out of your house any night before? - He had laid out one night before.

He did not lay at home that night? - No.

When did you next see him? - I never saw him afterwards, he did not board at my house, he only lodged there.

How many days was it before this night, that he lay out the night before? - To the best of my knowledge it was the Saturday after he came to my house.

AMY HALL sworn.

I am maid servant to Mrs. Rose.

I think the prisoner lodged at that house for some time? - Yes, he did.

How long? - I cannot say, it was above a week.

Do you remember him when he was servant to Horseman? - Yes.

He lodged at your house after he left Horseman's service? - Yes.

Do you know whether he was at home the night that this affair happened? - No, my Lord, he was not at his lodgings that night.

Do you know where he was? - No, I cannot say.

Did you expect him home that night? - Yes.

Did you make any enquiry after him? - I went down to Mr. Horseman's on the Friday night, at a quarter before eleven o'clock.

Who did you ask after? - I went down, my mistress sent me to ask Mrs. Horseman, if she would be so good to go up to Mr. Tompkins's.

Did you ask any thing about the prisoner? - Yes, I went to Mrs. Horseman, and asked Mrs. Horseman if she would be so good, to go up to Mr. Tomkins's, to insure No. 6, and after we had done talking about the Lottery, I asked Mrs. Horseman if Joe was come home, and she said he was not come home, and I made answer, and said, may be he will not come home to night, and she said she dare say that he would, and she supposed if he came home, that he would not come to our house, but would come there, and if he flung any thing up at the window, John would hear him, and let him in.

What John? - John the blacksmith; she said, she supposed he would not come to our house, but would come to theirs.

What more was said? - I do not remember any thing else.

He did not come home to your house? - No, he did not.

Mr. Recorder. Did Mrs. Horseman say anything more to you then? - She said that he laid there one night before, when he laid out.

Mrs. Horseman. I did not say any such thing.

Court to Hall. He did not return to your lodgings after, did he? - No, he never did.

Court to Mrs. Horseman. This woman says, that you told her, that he had laid one night before at your house? - My Lord, I did not say so to her, the words I said to her were, she asked me if Joe was come home, I said no; she said do you think he will come home to night, I said very likely he will throw some dirt up at the window, if John hears him it is a hundred to one but he will let him in.

She says, you said he had laid there one night before? - I never did.

You have said in your evidence, that he never lay a night in your house after he was discharged? - Never, to the best of my knowledge he never did.

Never that you heard of? - No, my Lord.

GEORGE SALLINGER sworn.

I attended the deceased in the first instance, I recollect it was the 11th instant, about half past three in the morning, when I was called up on the Saturday morning, two young men came to call me up; I went, and immediately on my entrance into the room, I perceived him in a very mangled condition, and covered with blood.

This poor man is dead? - Yes.

Did you examine the condition of his head - The inner table of the scull was totally detached from the upper; there likewise was a fracture over the left eye, which intirely broke to pieces the orbit of the eye; there was likewise another blow over the right eye, which broke that to pieces, and a piece of the fracture had divided the optic nerves.

When did he die? - On the Sunday morning, about a quarter after seven.

What do you impute his death to? - To the wounds he received.

Were his wounds necessarily mortal? - They were, and such was the opinion of Mr. Heavyside, the surgeon, whom I called in.

- HEAVYSIDE sworn.

I was sent for on Saturday afternoon, the day after the accident; I found the whole scull so mangled, that there was no possibility for any art to assist him.

Was there any possibility, humanly speaking, that he could recover? - Utterly impossible, no doubt of it; I do not conceive it necessary for me to enter into any anatomical account of this affair, but on opening his head afterwards, it very clearly appeared, that it was out of the reach of art to assist him, from the very first moment.

Court. Does the prisoner wish to ask either of these gentleman any questions? - No.

SAMUEL LOVELACE sworn.

What do you know boy of this affair? - This little boy said he heard the child call its mother.

Did you lodge in the house? - Yes.

Who did you lodge with? - Thomas Fuller , I heard the little girl call the mother.

Do you know any thing more of the matter? - No.

What room did Thomas Fuller lay in? - In the front room.

Was that in the same room where Trotman lay? - Yes.

What were there two beds? - Yes.

Had you laid there often? - Yes.

Several times? - Yes.

Do you remember any thing of a cupboard in that room? - Yes, there were three in the side of the wainscot.

Are there several doors to them? - There are doors to every cupboard.

They do not run one into another, do they? - No, they have partitions between them.

Suppose a person was to get into one of these cupboards, could he stand upright? - No, he could sit in, or lay in them.

Was it long enough for a person to lay in? - Yes, they are divided one from the other, but long enough to lay down in.

Do you recollect when you went to bed, how these cupboards were? - They were all shut.

Are you sure of that? - Yes, it was moon-light.

What led you to take notice of it? - I always look round the room, but in the morning when I waked the door of one of the cupboards was open over my bed.

Do you remember an iron bar that used to be in that room where you lay? - I have seen an iron bar over the window.

Did you take notice of it that night? - No.

Did you see the prisoner that day? - No.

Court. After the accident happened did you see the prisoner? - Yes: Mrs. Horseman sent me to the Anglers to call him to carry the milk that morning, as he knew the walk.

What time in the morning was that? - At four o'clock.

What on the same morning her husband was killed, she sent you to the Anglers to call the prisoner? - Yes.

This Anglers is a publick house I suppose? - Yes.

How far might it be from Mr. Horseman's? - Two or three doors.

Court to Prisoner. Would you ask any question of this boy? - No.

Mr. Recorder. Who keeps that house? Jane Rose .

Did you meet with him? - No, I called

four times, and the fourth time he answered me over the way, he was coming from London.

Was he in a house? - No, he was in the road.

Did he go to milk the cows that morning? - Yes.

How old are you? - Sixteen the latter end of last June.

THOMAS FULLER sworn.

How old are you? - Fifteen, I slept with Lovelace, I observed the cupboards, they were shut when I went to bed.

Did you arise the same time that Lovelace did? - Yes.

Did you observe the cupboards then? - Yes, one cupboard was open.

Do you know any thing more? - Yes, I was in bed, and my bedfellow was asleep, and I heard a noise in the morning.

How long before you arose was that? - A good while, it was a little after one o'clock as near as I can guess, I happened to be awake, I heard a noise.

What sort of a noise? - I cannot tell justly what sort of a noise it was, I was between sleep and awake.

In what room was it you heard the noise? - In the room where I lay, over my head.

You lay in the same room where Trotman was? - Yes.

What sort of a noise was it? - I cannot say.

What sort of a sound did it make? - I cannot say, my partner nipped me, and I fell asleep again.

Do you know the prisoner very well? - Yes.

Do you remember when he was turned off by Mr. Horseman? - Yes, it was on Thursday in the afternoon that he paid him off, as soon as he had done milking; I heard he went into Bedfordshire, and he came back in a week's time.

Did you ever see him at your mistress's house after he came back? - Yes.

How many times? - I cannot say how many times, he was in his best clothes when I first saw him since he came back.

Do you know whether he ever slept at your house? - I do not know that he ever slept at the house, one morning Mr. Horseman and me got up to milk the cows and we left the door on the snack, we always do, and he always sends me up to call his son Billy, when the three cows came in, I went up to call Billy, and I saw an orange on the table, and I asked how that orange came there, Billy said it was his, and I asked him who gave it him, and he said Joe Rickards .

Did you see Rickards there? - Yes, he was in the place where I got out from, in my place along with my bedfellow.

Can you tell what day that was? - I cannot tell what day that was.

How long was it before this accident? - I cannot justly say to the truth what day it was.

Was it after he had been down into Bedfordshire, and come back again? - Yes, my Lord, I saw him in bed where I lay, with that blue coat that he has on now, and the child said he gave him the orange because he should not tell he had been there.

Are you sure it was after he came from Bedfordshire, when you saw him in bed? - No, Sir, I am not sure whether it was after or before.

Are you sure it was after he was dismissed the service of Mr. Horseman? - Yes, Sir, a good while after he was turned away.

JOHN BERRINGER sworn.

I am headborough for the parish of St. Pancrass, I was standing at my door, I believe it might be about eight o'clock, on the 11th of February, on Saturday morning, and the first alarm I had was a little boy told me Mr. Horseman was almost murdered, he said, with an iron bar, he said the house was not robbed, it was done out of spight, and when I came Mrs. Horseman took me up stairs, and related to me the same as she has now, upon which

I went to the next public-house, Mrs. Rose's, and one man said you need not gallop a horse to death to find it out, and he said the person who should have been here last night was not at home; which information gave me very great suspicion, and I went and met the prisoner coming home with his milk pails, I turned short upon him and said, why, Joe, your master is almost murdered, I asked him if he knew any thing of it, or had heard any information that had been given of any body, he said no, he knew nothing at all of it; I said it was very odd he should seem so unconcerned about his master, he replied he could not help it, for he knew nothing at all about it, then I said to him, Joe, to make short of it, you are my prisoner; I conducted him back to Mr. Horseman's house, with his milk pails on his shoulder, he threw off his milk pails in a very great passion like, and said he would go directly with me any where, I bid him not be too much in a hurry for that I should have a little talk with him first, not do things too rashly; then I asked him how he could be guilty of such a thing, I accused him, he said he did not know whether he ever did such a thing in his life, that was the reply he made me; I said it was very odd if he did not know whether he ever killed a man or no; no, he said he never did, and I said, no, I suppose not till now; then I said, well you are certainly guilty, and come up stairs with me, and see this poor man; upon which I went up stairs and made him go with me, and I said, Joseph, look at that poor unfortunate man! and I said, now can your conscience let you deny that you have murdered this man, touch him if you dare, and deny the fact; he said he could, he could shake hands with him, upon which the deceased put out his hand and they did shake hands; I then took him to the Rotation Office immediately, and when I took him there, he went under the examination, and I thought it proper for Mr. Fletcher and the Justices to get what secret information I could, and bring in all the evidences that are here present, and Lovelace told me, that he said to him d - n his master, one way or another he would work him up; he likewise told Thomas Fuller that if he did not consider his sore heel, one day or other he would work him up, and he wished some accident might fall on him, he said he would be d - ned if he would not work him up one of these days.

How long was t his before the prisoner left his service? - About two months.

Court to Thomas Fuller . Did you ever hear him say any thing of this kind? - Yes, he said to me if he did not consider his sore heel more than he did, he would work him up one day or another, and he wished some bad accident might happen to him.

Had the prisoner sore heels? - Yes, he tumbled down one day on the ice and cut his heel coming back from carrying his milk.

How long was this before he left his master's service? - I cannot justly say how long, I think it was about a month or six weeks.

Prisoner. It was only five days after I hurt myself before I was turned away.

Court. There is a confession of this boy, is not there? - Yes, taken before Justice Machin.

Court. The Justice of the peace ought to be here himself, it is a shameful neglect of duty not to attend.

Mr. Garrow. He is a very old and infirm man.

Berringer. I can prove it.

Was you present when that examination was taken? - I was not at the beginning, but I was at the latter end and heard it read over.

Was there any promise or threatening made use of? - Not at all, all the time and deliberation that could be given him, was given him, there was more caution than any thing else.

Was it freely and voluntarily made by the prisoner at the - Entirely No, for we had got the commitment to Newgate, and all the Justices were gone but

this gentleman, who is a very old man, he was gone into the back room, then he said before the Justice he would go back and tell the whole, for if it was not for one in the house, he would not have done it, I saw the Justice sign the information.

(The Confession read.)

Signed,

"the mark of Joseph Rickards taken the 20th of February, 1786, before John Machin ."

"Middlesex, to wit. The voluntary examination and confession of Joseph Rickards , touching the murder of Walter Horseman , &c. taken before me, one of his Majesty's Justices of the peace for the said county, who says, that about August last, he was hired to live with Walter Horseman , a cow keeper, at Kentish Town, and that about a fortnight after he had been in the service, he was sitting one evening with his mistress, Mrs. Horseman, by the kitchen fire, when she pulled his head on her bosom, and seemed very fond of him; that ever since that time she has frequently kissed him, and this informant has laid hold of her breasts, and at several times ~ but he has never had any other connection of a private nature than what is before mentioned; but she has frequently told him she wished her husband was dead; that on Friday, the 10th of February inst. about six o'clock in the evening he shut the back door that goes into the yard, and went up stairs and hid himself in the closet, described by the several informants in the information, and about two o'clock in the morning he came out of the closet and went into the room where Horseman lay, with the stick he left in the room, and now in possession of John Berringer the headborough, but on seeing an iron bar standing in the chimney corner, he took the bar and wounded the said Walter Horseman , and struck him several blows on the head and fact, and then made his escape out of a window in Horseman's room, opened the back gates, and run away over the fields, and returned again in the morning to Kentish Town, the farthings he gave the watchman he took out of a closet in Horseman's room, and that no person whatever knew any thing of the matter but this examinant."

~ Here some familiarities were recited too indecent for publication.

Court. Joseph Rickards , you have heard the evidence that has been given against you on this occasion, what have you to say in your defence?

Prisoner. I am not guilty, Sir.

Have you any witnesses to call? - No, Sir, I have not.

What do you say about your confession, you have confessed yourself, and as it is proved at your own desire and request? - I did go into the room, I was persuaded by the people on the outside.

Court to the Headborough. Was it his voluntary offer to go back or was he persuaded by the people to go back? - We were all gone away over the way, and while we were there, there came in news that there was a confession.

Was it by the influence of others, or was it his own voluntary desire and proposal? - His own voluntary desire and proposal.

Court to Prisoner. You hear what this headborough says? - I do, it was not my desire, when I got out of the place several people were there, and bid me go in and say what I did, and they told me that would clear me.

Court. Gentlemen of the Jury, this prisoner at the bar is indicted for the wilful murder of Walter Horseman , and giving him a blow with an iron bar on his forehead, charged to have been done on the 11th of February, and that he languished till the 19th and then died. Mary Horseman , the widow of the deceased, &c. [Here the learned Judge summed up the evidence, and then added,] Gentlemen, this evidence is only circumstantial, yet it produces a very strong suspicion certainly in one's mind against the prisoner, but to say there is any direct testimony against him,

nobody can assert, but they lay a very strong foundation to introduce the confession he has made: I should not for one, though he is very near the state of manhood, chuse to rest singly and merely on his confession, as he is not at full age, though he is above that age of discretion, which the law assigns to be at the age of fourteen years, and certainly it is near the time that human reason is supposed to be mature, therefore, I thought, and my learned brother, and Mr. Recorder agree with me, that it was extremely proper to have the whole circumstances of this case laid before you by evidence; these circumstances, Gentlemen, you have heard, and I cannot but say they operate very strongly on my mind to introduce this confession: Now, the headborough, who seems to be a very sensible man and master of his business, has given a very full account, I think, to authorise and warrant the Court to permit this confession to be read; the Justice of the peace is, I find, an old gentleman, or else he should have attended the Court, but the prisoner having absolutely persisted in his innocence, until they were carrying him off with the commitment, he, in the presence of the headborough, voluntarily, as he swears, begged and intreated to be carried back again to tell the truth of the case before the Justice of the peace; the Justices were all gone except Mr. Machin, he tells you that all sort of time was given to him, that he made this confession with all sort of deliberation, and that it was read to him: I think it unnecessary to read it over to you a second time, it cannot have escaped your memory, it is a full express confession of the fact, and he takes the murder entirely upon himself, and declares that no one else was concerned in it; there is an expression in it, whether true or not, that he did hear Mrs. Horseman express a wish that her husband was dead, whether that was the motive or spring of this horrid action I cannot say: Now he says he is innocent, and that with respect to this confession, some people after he was gone out suggested to him that it was better he would tell the truth, and that would clear him; that is not very consistent, I think, to suppose a man who confesses he is guilty of a wilful murder, and so barbarous a murder as this is, that he should be cleared, that his life should be saved by making an ample confession of the crime, but the headborough being asked again, does expressly tell you it was the voluntary wish and confession of the prisoner: If you are satisfied, Gentlemen, upon the whole, that he is guilty, you will find him so; if you see any reasonable doubt, you will acquit him.

The Jury retired for a short time, and returned with a verdict

GUILTY , Death .

Clerk of the Arraigns. Joseph Rickards , hold up your hand, you stand convicted of the wilful murder of Walter Horseman ; what have you to say, why the Court should not give you judgement to die according to law.

(Proclamation made.)

Mr. Recorder. Prisoner, you have been convicted, upon evidence which excludes all possibility of doubt, of a crime in itself the most heinous of any that human nature can commit; we are told from sacred authority that the blood of the innocent cries to Heaven for vengeance and atonement, and the voice of God and man agree, that whoso shedeth man's blood, by man also shall his blood be shed: If such is the nature of murder considered in itself, how deeply aggravated is your guilt, when we consider the peculiar circumstances of your case, you have had no palliation from provocation or the influence of ungovernable and fatal passions, but actuated by the most deliberate and diabolical malice, the unhappy victim of your crime was the master whom you had served, who had never injured you, and to whom you owed nothing but reverence and duty; inflamed with the thirst of blood, yet deliberate enough to form an artful plan, for effectuating your internal purpose, you laid in wait for your

master's life, and in the dead hour of night when all the innocent part of the family were lulled in rest and seeming security, you crept forth from your lurking place, and in the defenceless and harmless state of sleep, with more than savage ferocity you butchered and mangled your master in the most brutal and inhuman manner; for guilt so aggravated as this, all mercy from the laws of your country must be excluded; far be it, however, from man to set bounds to the mercy of the Most High; happy will it be for you if the attonement of your guilty blood, joined with the deepest remorse and repentance during the short time that remains for you to live, should prove sufficient to obtain that mercy from him hereafter, which justice must deny you here: In the fervent prayer, that his mercy may so work upon your sinful soul as to produce that change which is necessary to your salvation, it remains only for me to pronounce upon you the awful sentence of the law, which must inevitably be carried into execution, which is, that you be carried from hence to the place from whence you came, and from thence to the place of execution, there to be hanged by the neck till you are dead; and that your body be delivered to be dissected and anatomised, according to the statute, and the Lord have mercy on you sinful soul.

Mr. Akerman. My Lord, the prisoner now says the accusation against the woman is false.

Prosecutrix to the Jury. Gentlemen, I beg you will ask him whether what he has said is true concerning me.

Prosecutrix to Prisoner. Am I innocent of what you have said?

Prisoner. Yes: (the prisoner was taking away, but brought back again) She is innocent of every thing I have accused her with.

Court. What was the motive that urged you to the commission of this horrid crime?

Prisoner. I do not know.

Court. It is thought proper by the Court that the sentence should be executed as near as conveniently may be where the murder was committed, make out the order accordingly.

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

Reference Number: t17860222-2

193. THOMAS TATHAM , SAMUEL FRANCIS , HUGH M'DONALD and LEONARD SULLIVAN were indicted for burglariously breaking and entering the dwelling house of John White , about the hour of one in the night on the 31st day of January last, and burglariously stealing therein two hundred and forty yards of silk serge, value 60 l. forty yards of other silk, value 12 l. 6 s. fourteen yards of other silk, called sattin, value 4 l. 12 s. six yards of other silk, value 35 s. four yards of buff figured silk, value 32 s. three yards of other silk, value 18 s. two yards of other silk, value 12 s. two hundred seventy-eight yards of other silk called lute-string, value 62 l. fifty-two yards of armozeen, value 17 l. and fifty-two yards of remnants of silk and worsted, value 12 l. his property .

The case opened by Mr. Garrow, previous to which the witnesses were ordered out of Court by the desire of Mr. Morgan, Counsel for two of the prisoners.

JOHN WHITE sworn.

On Tuesday the 31st of January, I went to bed after twelve, I was reading in the parlour, I was not alarmed in the night, and my house was all fast in the morning, I found a wall broke down which came by a staircase of the cellar, from a house that was empty in Wytch-street , that was opposite to my house; and adjacent to it, there was a breach made in the wall, the size of a good pane of glass, on the right there was a party wall of my neighbour's, and on the left they would have got into a cesspool; I missed the following articles which I took down from our number book,

which we have regularly, and mark off every day.

Court. To what value was the whole? - The whole amount is two hundred pounds, the whole amount of those I have found again, are nearly upon a third.

What time did you get up in the morning? - I believe it was a little after seven.

Mr. Morgan, Counsel for M'Donald and Francis. Was you up the first in the family? - I was not.

Who was? - I believe one James Haydon which is my servant.

What time was he up? - I look upon it to be nearly seven.

Before or after? - I cannot say.

JOHN CLARKE sworn.

I think it was on Thursday the 5th, I received information that there were some people at the prisoner Tatham's, with a quantity of silk; Mr. White happened to be at the office, I took him with me to Mr. Tatham's house, in Drury-lane; I think it was No. 65, if I mistake not; Tatham and the other two were in the parlour, there were Tatham, Francis, and M'Donald, I know nothing at all of Sullivan; we searched the house, and in the shop under the counter, in the front room, we found several things; it is a shop where they sell ribbons and handkerchiefs, and things of that sort, Tatham keeps the shop.

What did you find in the back room? - After searching that, I asked what rooms they had, and he told me there was a back kitchen, and I think a one pair of stairs; I sent Macmanus up for the key of the kitchen, and I stood by while he took this and a dark lanthorn out of the back kitchen; these three men were in the back parlour, there was no property there.

What were these three men about? - They were standing upright round the table, I made no other observation, there was a paper laying before them, which contained some account, that paper, I believe, is in the hands of Mr. Jealous, this was on the Thursday.

Court to Mr. White. Look at the several articles that are produced? - I do, I have measured them since the robbery; and they all agree with the number book, and as for the waistcoat piece, some of the pieces were cut off for my children, and I have them also, and they all correspond.

This piece corresponded with the number opposite to this in your number book? - Yes.

Court. Can you swear that you had such things in your house on the 31st of October? - I can.

Mr. Garrow. Have you any doubt that they are yours? - None in the world.

CHARLES JEALOUS sworn.

I went into the back parlour, I saw Tatham sitting by the fire, and M'Donald and Francis sitting round a little mahogany table, then Macmanus secured Francis and M'Donald, and I searched Tatham; on Tatham I found twenty guineas, and upon the table lay a piece of paper with some writing upon it; I then left Macmanus in the parlour, and came into the shop where I was present when the silks were found, but not when the silk damask was found; this is the paper that was on the table.

Did you find anything else there? - I found a glove there.

Can you explain what it means? - No, I cannot.

Prosecutor. According to the position of the prisoners sitting round the table, there appeared to be a kind of settlement of money, here is 514 which comes near the sum of the goods which were missing (The paper contained two articles 310 and 204 and another class of figures of pounds and shillings, 19 l. 14 s.) the 514 yards comes near the goods that are now missing, there was a yard that seemed not to have been long made use off, lay by the place where they were; Mr. Clarke said to the people, what I see you have been measuring, there lay the yards, and we absolutely thought this was the money that was found on Tatham, and that the other was the goods which they had sold which was deficient; there are seven hundred and nine yards missing, and there are two hundred recovered, now here is five hundred and fourteen.

Court. Was any answer given by either of the prisoners when Clark said, I see you have been measuring? - No, I did not take any notice, but they all denied knowing any thing of the paper, though it lay before them on the table, nobody knew any thing of the hand writing or any thing.

That was all the observation you made on the paper? - It was.

(The paper handed to the Court and Jury.)

Mr. Morgan to Mr. White. M'Donald and Francis were searched, I believe, before you, were they not? - They were searched, and there was some money.

Who took the money? - One of the officers.

Which of them? - I cannot say.

Court to Clarke. Do either of you know whether any money was found on either of the prisoners besides Tatham? - Yes, Macmanus has it.

Court to Clarke. In what condition were these goods? - They were rather in a rough state, they lay simply just as they do now, any body that is used to silk would not let them lay so.

PATRICK MACMANUS sworn.

I went to Francis's lodging, on the same day that Mr. Clarke went to Tatham's, I was at Tatham's also; at Francis's I found this in a drawer in his lodgings, which was in Newtoner's-street, this is a piece of crimson damask silk which Mr. White owns; the other which Mr. White says is the same, was found in the back kitchen at Tatham's.

Mr. White. This is part of the same damask, and corresponds with what we have at home, what we found in Tatham's back kitchen, and this corresponds with the admeasurement, when we took stock in October last, with the addition of this that was found at Francis's, it makes up the quantity exactly, and it is the same pattern.

Macmanus. In Tatham's back kitchen, where this silk and damask was in a trunk, there was a board looked like an ironing-board stood out, and there was a piece of brown paper, and under the piece of brown paper, this dark lanthorn lay concealed; this damask was not with the rest of the silks, it was in a trunk that was locked, we had the key from Tatham; I went to Francis's afterwards, and found this striped piece in the corner upon a little shelf.

Mr. White. I called directly to Clarke, and said, here is some of my property, I can swear to it.

Mr. Morgan to Macmanus. You searched the two prisoners, M'Donald and Francis? - Yes.

You found some money upon them? - Yes, I found two guineas and a half on Francis and on the other, there might be a guinea difference, I returned the money again.

You found this piece of silk at Francis's lodgings? - Yes.

There are several lodgers in the house, I suppose? - I do not know, it is a neighbourhood I seldom go to.

You do not know what parties reside in that house? - I do not.

Mr. Fielding, Prisoner Tatham's Counsel. I want to know whether the goods were not found in different places, they were not all in one spot jumbled together? - No, Sir.

Mr. Morgan to White. This is not an uncommon pattern, I suppose? - No, it is not.

You was not the only person that bought all that was made of this silk? - No, Sir.

Then, Sir, is this not a common pattern for a chair cover? - We look upon it as such.

There or thereabouts? - Yes, I bought them at a sale, a number of them, some I have made use of myself, and some I have sold.

Court. Was the kitchen up stairs or down stairs? - Down stairs, a back kitchen.

Clarke. The damasks were in a back kitchen, in a trunk.

JAMES HAYDON sworn.

I am servant to Mr. White; on the morning after this robbery, I got up about

seven, and when I came to open the door as usual, I found a wooden bar that we put by way of jamb to the shop door was removed, and I saw two of the shutters taken down and the goods gone; I ran round to every door, we have four doors, I passed by the hole which was on the cellar stairs, it appeared to me, that the persons came in at that hole; I have examined the pieces that were found by our book, and they correspond with the length and colours, in the numbering book; I have not the least doubt of their being my master's property, and of their being in his house the night of the robbery; I can particularly speak to the damask, these two pieces make up the amount of that pattern of the damask, which appears to have been lost.

PRISONER TATHAM's DEFENCE.

I keep open shop in Drury-lane, I frequently purchase and sell things in the shop, I attend sales, and buy wholesale; finding business not turn out to my advantage, I frequently bought of hawkers different things at different times, and these I purchased in the same manner in my shop.

Prisoner Francis. I leave my defence to my counsel.

Prisoner M'Donald. I leave it to my counsel.

The prisoner Tatham's witnesses called, but none answered.

THOMAS WRIGHT sworn.

Examined by Mr. Morgan.

I am a publican, I keep the White-horse, Fan's-alley, Aldergate-street; I know the prisoner M'Donald.

Did he lodge at your house in January last? - He has lodged at my house these three months back.

Have you a club at your house? - I have.

Had you any club on Thursday night, the 31st of January? - I had.

Is M' Donald a member of that club? - No member in particular, only going backwards and forwards, he was there that night, he was there about nine that night, and staid till about nine in the morning; I am sure of that, I believe there are some others of the members of the club here, I have known him these two years, he had always had a very good character, I never saw any thing amiss.

What business is he? - He used to follow rabbiting when I first knew him, and dealt in fowls.

Mr. Garrow. How long may you have kept this reputable house in Fan's-alley? - About six months.

You keep it still? - Yes.

In whose ward is it?

Mr. Alderman Plomer. It is in my ward.

What may be the sign of your house? - The White-horse.

Did my friend understand you right, that this man was in your house from nine in the morning till nine at night? - I spoke it.

And you mean to swear it? - I did swear it, I swore to the truth; I was at the club all the time, the chairman is at my house to get what friends he can.

So your house continues open from nine at night till nine in the morning, for all sorts of persons to come in and out as they please? - No, Sir, they had a bit of supper, those that staid behind remained, from eleven any body might go out, but not come in; I know nothing of what is done before eleven, the chairman does that, I have this club once a week, on a Tuesday evening.

Has this man frequented it every Tuesday evening, since he has lodged at your house? - I cannot remember.

What makes you sure this was the 31st of January? - It was the 31st by the day of the month, I am sure, by remarking the bills are always on that day of the month; I have a bill for the chair.

How many persons might be present at the club that night? - I cannot say.

What were the expences? - I cannot say.

What had they for supper? - A piece of boiled beef, I think they had some punch, I do not sell wine, I am sure they had no wine; I cannot justly say how many persons were present.

Ten? - I cannot say.

A dozen? - I cannot say.

Twenty? - I cannot say.

Thirty? - I cannot say what number.

Were there forty? - I cannot say.

Do you believe there were so few as forty? - I cannot say what number.

Do not you know whether there were ten persons, or twenty, or thirty, or forty, or fifty? - I cannot say to the number, there were about ten, to be sure about twenty.

Might there be above thirty? - Above forty.

Above fifty? - There might.

How many more people were there besides Mr. M'Donald? - I cannot say.

Who was there besides him? - I cannot say to any other of the gentlemen.

Were any of the other prisoners there? - I cannot swear they were or were not.

Do you believe they were not there? - I did not take particular notice of no person, they might be there, and they might not, I cannot say.

Are the other prisoners members of that club? - That night do you mean?

Any night, Sir? - I cannot say, I do not know that they were.

Have you ever seen them there? - I cannot say, I do not know that I have seen them.

What made you say that night just now, then? - Why to be sure, I cannot say that I have ever seen the other men there, in the whole course of my life.

Do you believe that you never saw the other before? - I have spoke what I have to say.

Answer my question, Sir? - I do not know that I have.

Do you believe that you never did? - I believe I never did.

M'Donald that lodges in the one pair of stairs, is a single man? - I do not know that he is married.

Was he never out? - He might be out, but I did not miss him; I swear to M'Donald being there as my lodger, I know him personally to be at the club from nine at night till nine in the morning, he departed from my house about nine in the morning.

Are you sure he was not out before? - I do not know that he was, he might be, I do not know that I missed him at all; this was the 31st of last month.

Mr. Morgan. Was he taken up soon after? - Yes; on the Wednesday or Thursday.

Court. What sort of room was this where the club met? - A long room, with two fire places.

What size? - It has four windows in front, I do not know the length of it.

JOHN EGAN sworn.

I am a member of the club at the house of Wright, I was there the 31st of last month.

Do you admit visitors? - Yes, friends and acquaintance, I know the prisoner M'Donald, he was at the club that night, and took the chair at seven in the afternoon, he came in about a quarter of an hour.

How long did he stay? - I kept the chair till two o'clock in the morning, then I had a piece of cold beef for a few of my acquaintance, I could not have supper for all that were there, a hundred and odd members, then some of us came down into the parlour, and I remained there till after six, I never missed this man the whole time, I have known the prisoner since the year 1783, he was first a porter, I never heard any thing bad of him.

Mr. Garrow. What may be your way of life? - I am employed mostly in the navy.

What is your employment? - Any body that chuses to employ me, that is my employment.

Are you a navy agent? - No, Sir, any body that chuses to employ me, I have a right to be employed.

I ask you in point of fact, what your occupation is? - Several people employ me to recover their wages and prize money.

Possibly you are an attorney then? - No, Sir.

How long have you been the chairman of this respectable society? - Never before that night.

It changes its officer at certain stated periods, I take it for granted? - I suppose so.

How long have you been a member of it? - About a dozen clubs, once a week, on a Tuesday evening.

What time did Francis go away that evening? - I never saw him to my knowledge till that night, he was there till I left the chair up stairs, that was about two, I did not see him after supper.

As to Tatham, did he go away with Francis or before? - I do not know that I saw him at all there, I am not sure of that, there were above twenty people that I knew.

Did not Sullivan fetch Francis away? - I do not know him.

Was not you at Bow-street, my honest friend? - Yes, I was.

So there were a hundred of you? - Yes, there were a hundred and thirty odd.

All in one room? - Yes.

You, as chairman, I suppose sat with a bill and paid? - I paid as the liquor came in.

What might be the expences of the evening? - Only sixpence apiece, the supper I paid for myself.

Were there any ladies? - Yes, there were.

And a dance probably? - Yes.

What time did the landlord go to bed? - Mr. Wright's wife went to bed about eleven I believe, and Mr. Wright sat up till four or five in the morning.

Then he went to bed and she got up? - Yes, he did not get up again after that, I left the house at seven in the morning, at that time she was there minding the business, and he was gone to bed.

He was mellow enough, I suppose? - He was sober enough.

Will you give me your direction? - You will find me in Blue Anchor-alley, Bunhill-row, at No. 12, next to the Coach and Horses; I was at the club last night, we had not above nineteen.

Court. Do you know whether M'Donald could write? - I cannot say.

Court to Wright. Do you know? - I cannot say.

Court to Egan. I think you said you never saw Francis after the time you went to supper? - No, I did not; M'Donald was at supper, I saw him there, I believe it was after five in the morning that M'Donald was with me, and six or seven more, there were only about ten that supped, we came down stairs about two, and supped about three; then we had some punch after supper, I did not leave the house till after six, and he was there the whole time, I am sure.

DAVID COLEMAN sworn.

I am a member of this club at Wright's, I was there the 31st of January, between seven and eight, and M'Donald was there then, I staid there till between one and two.

Did he continue there as long as you? - He did.

Have you known him any length of time? - I have known him thirteen or fourteen weeks, I never knew him to be charged with a halfpenny worth of any thing.

Mr. Garrow. How long did you stay? - Till about one or two, M'Donald wanted me to stay there all night, one Egan was the chairman.

Egan was an acquaintance of yours? - No acquaintance.

What is he? - I believe he is something in the Navy-office.

What, a clerk in the Navy-office? - I do not know, I am not an intimate acquaintance of his; I have known Wright the landlord about two years, I have been a member of the club about two years.

What is the name of the club? - It is a beer club.

Perhaps it is the laudable society? - It is what you may call a beer club.

How much wine was drank? - I did not drink any, I drank nothing but porter.

There were a good many members present, thirty or forty as we have heard? - I dare say there were pretty near a hundred, I knew a good many.

Did Francis go away before M'Donald, or after him? - I cannot say, I left Tatham and M'Donald and Francis, all three at the time, I am sure of that.

Can you swear as to Sullivan? - I cannot, I went to Bow-street after they were taken up, but I could not get admitted.

Then Sullivan is the only one that you cannot swear positively to, when you went away? - Yes.

Did you play at cards? - No, I never do.

How then, shuffle-board, perhaps? - No, Sir, only just drank a draught of porter, and smoked our pipes.

You had a little singing? - Generally merry.

And that was all? - Yes.

Had you any ladies among you? - There were several women.

Any dancing? - Yes, and music.

What music? - A piper.

Mr. Fielding. Did you mean to say that Tatham was at the club that night? - No, Sir.

Did you know Tatham? - No, Sir, never in my life.

Court. How came you to answer the question so then, for you was asked expressly for Tatham and Francis, and you said so? - I knew nothing at all of Tatham.

Mr. Fielding. You do not mean to say that Tatham was there? - No, Sir, but Francis and M'Donald were both there that night.

Mr. Garrow. Who are you? - I am clerk and warehouse keeper to Mr. Filder, a china-man, No. 4, Red-lion-court, Watling-street.

Court. Can M'Donald write? - Yes.

Does he write well? - Not at all well, I do not know his hand to be positive, I have seen him just writing.

Look at that, and tell me whether you believe it to be his hand or not (shews him the paper.)? - No, Sir, he never wrote so good a hand.

CHARLES MURRAY sworn.

I am a sworn broker, in Leadenhall-street; I have known the prisoner Hugh M'Donald about three years, he bore a very good character when he lived at Mr. Taylor's; I do not know what he is now, I have not not known any thing of him, for the last two years; if I wanted a servant, I would have him at this time, I believe him to be a very honest man.

The prisoner M'Donald called two more witnesses to his character.

The prisoner Francis called two witnesses to his character.

The prisoner Tatham called five witnesses to his character.

THO. TATHAM, SAM. FRANCIS,

GUILTY Death .

HUGH M'DONALD , LEONARD SULLIVAN .

NOT GUILTY .

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

Reference Number: t17860222-3

194. THE said THOMAS TATHAM and HUGH M'DONALD were again indicted for feloniously stealing, on the 1st day of December last, twelve pair of silk stockings, value 40 s. the property of John Archer , privily in his shop .

JOHN ARCHER sworn.

I live in Sackville-street , I keep a hosier's shop , I never saw the prisoner in my shop; on the 1st of December, I lost twelve pair of new white silk stockings, and one single odd stocking, it was a patent stocking.

JOHN IDLE sworn.

I am an apprentice to the last witness; on the 1st day of December, I saw the prisoner M'Donald in my master's shop, it was between eight and nine in the morning, when he came in, he asked for a pair of stockings, I shewed him several parcels, he went out without buying any, the stockings were laying on the counter, twelve pair and an odd one, when he came in; and about half an hour after, we missed them, and between the time we missed them and the time of his coming in, there was nobody there.

Did you see him take any stockings while he was in the shop? - No, I had no suspicion of him; then Mr. Archer went and gave information at Bow-street.

Mr. Morgan, Prisoner M'Donald's Counsel. When was this? - The 1st of December.

How long was it after you missed the stockings, that the prisoner was taken up? - I do not know.

How long is it since you was at Bow-street? - A fortnight to day.

When you came there, you was desired to look round the room, and point the prisoner out, was not you? - Yes.

You had never seen him from the first of December to that time? - Never.

Had you ever seen him before? - No.

I ask you upon your oath, if you could at first discover the prisoner or point him out? - I knew him directly as I saw him, I recollected in my mind, he was the man.

What, without the officer looking at you or giving you a single hint, or speaking to you? - Yes.

Is this a pretty public street? - Not very public.

Had you breakfasted when the man that took the stockings came into the shop? - No.

How long after did you breakfast? - About ten minutes.

Where did you breakfast? - In the parlour.

Can you now, at the distance of three months, swear that you breakfasted in the parlour, and that no person could come in and take the stockings? - Yes.

Did your master go into the shop? - Yes, but no strangers nor customers.

Had you a fire in the parlour where you breakfasted? - Yes.

How does the fire stand with respect to the window? - In a corner.

Did you sit with your face to the fire at your breakfast? - No, Sir, I sat on one side looking at the shop.

What had you for breakfast? - Tea.

What else? - Rolls and butter.

Did you butter them yourself? - No.

Who buttered them for you? - The maid, she came without coming through the shop, there are two doors into the parlour, one into the shop, and one into the passage, I am very sure the girl did not come through the shop.

Did none of your family go into the shop while you was at breakfast? - No.

And will you say you never turned your eyes off from the shop during the whole time of breakfast? - I am positive nobody was in the shop.

Is that an answer to my question, did you during the whole time you was at breakfast, keep your eyes constantly on the shop? - Yes.

Constantly? - Yes.

You never looked at the rolls nor the tea? - Yes, the door was fastened, I am sure of that, I fastened it, my master was down stairs then.

How many people have you in family? - Four, there is another apprentice besides myself, and Mr. Archer, and the maid.

Who went to fetch the rolls? - A person brings them.

Court. This parlour adjoins to the shop? - Yes.

Could any person come into the shop, without your observing them while you was at breakfast? - They could not.

It was your business to mind the shop while you was at breakfast? - Yes.

There was nobody else employed to mind the shop alone? - No.

CHARLES JEALOUS sworn.

I apprehended the prisoner Tatham, and Macmanus took M'Donald in Tatham's house, I was present, on the 2d of February, M'Donald stood round the table on left hand side of the shop as you go in, I found eleven pair of silk stockings.

Was there any odd stocking with them? - No, here are nine pair which the prosecutor has looked at, and two were delivered to the prisoner's wife back, that were not owned; I carried the stockings I found to the office, they were advertized, and the prosecutor come and searched them.

Mr. Morgan. What were the two pair of stockings that were returned? - Two pair of French ones, I returned them to Tatham's wife.

PRISONER TATHAM's DEFENCE.

Gentlemen of the Jury, I hope you will do me the kindness to inspect into this matter; I have been very unfortunate, and am but young in business, and inexperienced; but I really had purchased these things in my shop, not knowing them to be stolen by different people.

Court to Archer. Did you describe these things? - Yes, on Wednesday the 8th of February, the stocking trimmer, whose name is Thompson, gave me information, and I went with him, there were eleven pair produced, nine of which were my property, I knew them by the welt, and two letters, and a figure which distinguishes the quality; I am perfectly clear that they are mine, I am sure these stockings were in my shop on the night before the robbery when they were missed, they were there ready to be sent to the trimmers.

Court. Describe the marks? - B. A. and 6. worked in the welt, the meaning of the mark is, when my father was in partnership, his name was Beckett.

Mr. Morgan. It may mean Benjamin Allen you know? - Yes, it may so.

PRISONER M'DONALD'S DEFENCE.

I was very ill with a sprained ancle, five weeks before Christmas, ever since the 28th of November; I had a letter from Counseller Pile in Essex, on the same day that the boy came up, when I was taken up, and he said he believed I was the man, and the man said, are not you sure he is the man, and he looked at him with a stern countenance, and he said, he was.

Court to boy. You have heard what the prisoner now says? - I said, I was not very positive, but I believed it was the man.

Prisoner. He said it several times.

Macmanus. My Lord, the prisoner says I looked at the boy, and said, he must say it was him; when the boy went in the prisoner M'Donald was walking towards him, he went to the fire, and took the poker and stirred the fire.

Prisoner. There was no poker.

Prosecutor. There was a poker, I saw him stir the fire.

Court to boy. Have you any doubt now, whether he was the man or not? - No, Sir, I have not any doubt.

Mr. Morgan. I refer to the former trial for the character of the prisoner M'Donald.

Court. What are the value of the stockings? - About eight shillings a pair, that is not the extent of them.

THOMAS TATHAM , NOT GUILTY .

HUGH M'DONALD , GUILTY , Death .

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

Reference Number: t17860222-4

195. JOSEPH BUTLER was indicted for feloniously assaulting Edward Poulton , on the King's highway, on the 16th day of February , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one linen handkerchief, value 6 d. sixteen yards of black bombazeen, value 40 s. a black silk gown, value 40 s. a black silk petticoat, value 20 s. the property of Martha Robinson , spinster .

EDWARD POULTON sworn.

I am going on fourteen; on Thursday night last, I lost some things between nine and ten in Bond-street, I was going from Essex-street in the Strand; I was going to Brook-street, and from thence to Castle-street; going on Bond-street , I met three fellows just facing Cork-street, and they asked me what street it was, and I told them it was Bond-street, I was carrying a hare that I had, then two of the fellows took it away, and this man took my bundle, I held my bundle, and he dragged me along the street, he pulled me so, I was forced to let go, he did not say any thing to me, I called out murder! and he ran away, and dropped the bundle which another man picked up and brought me, the man was taken to the watch-house in about a quarter of an hour, I did not see him taken, he was taken at almost ten o'clock, I know it was the same man, for he dragged me so far along the street, that I looked at him all the time he was dragging me, the bundle was tied up in a white handkerchief, I do not know what was in it, it belonged to my mistress's sister, Martha Robinson ; the bundle was taken to the watch-house.

Was that the same bundle you had? - Yes.

How do you know that, if you do not know what was in it? - I knew it by the handkerchief.

Did not you see at the watch-house what things were in it? - I did not look to see what things were in it.

Mr. Peatt, Prisoner's Counsel. What time was this, my little fellow? - Between nine and ten.

A great many people passing? - No.

Was you on the foot path? - Yes.

Nobody offered to assist you? - No, Sir.

Was not you rather surprized when the hare was dragged from you? - Yes.

Was you frightened? - Yes.

I suppose you kept looking at your bundle with a wishful eye, for fear you should lose it? - Yes.

And I suppose, the person that got the bundle from you, run away? - Yes.

Then he turned his back to you? - Yes.

Then you saw no more of him, till you saw him him at the watch-house? - Yes, I saw him again before he was carried to the watch-house.

What sort of handkerchief was this? - A white handkerchief with a little red round the border.

And a mark in the corner? - I do not know.

Suppose you had seen that bundle in any other place, should you have known your handkerchief again? - Yes.

How would you have known it? - I should have known it by the silk gown in the handkerchief, I could see it in.

Court. Why you told me just now, you did not know what was in the bundle? - There was a black gown, I could see in the bundle, I saw it at one corner.

How could you see whether it was a gown, or a cloak, or what it was? - It looked like a gown.

Did you know any thing else that was in it? - No.

Was it a black gown? - Yes.

WILLIAM BENTLEY sworn.

I was standing in Cork-street, when I heard the alarm was given, I ran down Cork-street, and perceived a man with a bundle under his arm; I tried to stop him, as soon as he saw me, he dropped the bundle down.

What became of the bundle? - I stooped and picked the bundle up, the man went past me, Jonathan Oakes , who was standing by, pursued and took him within forty or fifty yards.

Was he ever out of your sight before he was taken? - Yes.

Can you say whether the man that was taken, was the same man that you saw with the bundle? - Yes.

How did you know him again? - I knew him by his person, I saw him before he came to me, by the shade of the lamp, I remarked his yellow buttons, I knew him more by his clothes than his face; I gave the bundle to the boy.

Mr. Peatt. The man was running? - Yes.

JONATHAN OAKES sworn.

I heard the cry, I pursued the prisoner, I did not see him drop any bundle, it was behind some trees in Cork-street; I saw the prisoner doing nothing only running up the street as fast as he could, he never was out of my sight, he never was above two yards from me, I took him to the watch-house; when I came up to him he blasted my eyes, and asked what I wanted, he said nothing else.

(Mr. Bentley produced the bundle.)

I brought it from my own house, I had it from Martha Robinson the owner.

Court. The bundle you picked up, was left at the watch-house? - Yes.

MARTHA ROBINSON sworn.

Where did you get the bundle that you gave to Bentley on Friday night? - I had it from the watch-house, it was locked up in a cupboard in the watch-house.

Have you any body here to prove that it was the same bundle that was left there by Bentley.

Oakes. I saw the boy carry it to the watch-house, and it was opened there that night, directly as it was taken in, the boy was there, I saw it contained a gown and petticoat, and some bombazeen.

Did not the boy see what it contained? No, Sir, I do not think he did, he was standing by the fire at the same time, it was tied up, and put in the cupboard with another bundle.

Was any mark put upon it? - No, that was the other bundle that the boy had, that was left at the watch-house the same time.

Court to Oakes. Now, can you say it is the same bundle? - Yes.

How? - I can tell by the handkerchief, I took notice of the border of the handkerchief at the time it was open.

Court to boy. Was this the bundle the prisoner took from you? - Yes, I am quite sure of that, because the other was in a cheque handkerchief, I stood by the fire at the watch-house, I did not see them open the bundle.

Court to Mrs. Robinson. Did you send the boy with this bundle? - Yes, he was going into Brook-street, he was to carry these bundles into Castle-street where I live; this is one of the bundles I gave him to carry, I am quite sure of it.

Prisoner. I leave it all to my counsel.

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

GUILTY , Death .

He was humbly recommended by the Prosecutrix to his Majesty's mercy.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-5

196. THOMAS COLBROOK was indicted for burglariously and feloniously breaking and entering the dwelling house of Catherine Haines , widow , about the hour of seven in the night, on the 10th day of February , and burglariously stealing therein, one gold watch, value 18 l. the property of Thomas Sutherland .

THOMAS SUTHERLAND sworn.

I keep a watch maker's and jeweller's shop in my mother's house, in Vigo-lane; I lost a horizontal watch, capped and jewelled, the case remarkably strong; I lost it from Vigo-lane, Sackville-street, Piccadilly , in the house of my mother Catherine Haines ; it was a little after ten, on Friday the 10th of this month, I was behind the counter, within a yard from whence the watch was taken.

In what manner was it taken? - By a violent blow made against the window, it hung up by a small brass hook, within an inch of the window, or thereabouts; I was writing behind the counter, I heard the window break, I immediately turned and missed the watch, I ran out as fast as I could, I did not see the watch taken from the hook, I missed it the instant it was taken; I run out and turned to my left-hand, and met my next door neighbour, who was coming out, I took him with me, there was a man standing by, whom I imagined to be an accomplice, who informed me wrong, and said the man was gone to the left; a witness that is here present, said, he has misinformed you, Sir, he has ran the other way, upon which I immediately turned round, and found the prisoner in custody, he had been knocked down on the fact being committed, I never recovered my watch again.

JAMES SAGGER sworn.

I was standing the corner of Swallow-street, about eighteen yards from this shop at the time this affair happened, I heard the window break, and I saw this prisoner's hand come from the window, he immediately ran across Vigo-lane, into Sackville-street, then John Lowe took him into custody, I never lost sight of him till he was knocked down.

Could you from the place where you stood, see into Sackville-street? - Very plain, as far as the watch-box, and there he was knocked down, I knew nothing of the prisoner before; I am a young fellow come out of the country, I keep a little shop at Swallow-field, near Reading, I was in town about a little business, I am sure it was the prisoner; the prisoner was taken into a public-house and searched, and nothing was found upon him, except a key, and a pair of scissars, there was no watch.

Did you see any suspicious persons lurking about the house? - There was another man standing by the prisoner within three yards of him, at the time the window was broke.

JOHN LOWE sworn.

On the 10th of this month, in the evening, I was going along Sackville-street, about seven, and I saw two men lurking about the prosecutor's shop window, when I had passed the prisoner I suspected them, I clapped my back at the corner of Sackville-street, and watched them five or six minutes, and I saw the prisoner put his left-hand in his right hand-pocket, and pull out a rag or handkerchief, and he lapped it round his left hand, and with his left hand I saw him break the window, I am sure of that, but what he took I do not know.

Did you see him take any thing? - I did not, I saw him break the window, and I saw him take his hand out of the window, and as soon as he took out his hand, he ran away to Sackville-street, and I knocked him down.

Did you see him put his right hand into that hole that he broke with his left hand? - No, I did not, I then took him into a public-house, the corner of Sackville-street, he was searched, and nothing was found upon him.

After he took away his hand from the window that you saw him break, did you see him hand over anything to the man that you saw lurking? - No, I did not, I knocked him down once, and picked him up, and he fell down again, then I picked him up again.

Prisoner. Was not I walking along with my hands in my pocket, and did not you come up to me, and strike me over the face, and did not I say, do you want to rob me; my Lord, he knocked me over the nose, and I put my hand into my pocket, and said, do you want to rob me, I had a few shillings in my pocket, they stripped me, and searched me, says I, gentlemen, this is not proper usage, and one struck me, and another struck me.

Lowe. His clothes were not pulled off at the public-house, they were at the Rotation-office, he did not say that I wanted to rob him.

Court to Prosecutor. You did not see this man break the window, or catch hold of him immediately on your coming out? - No, I did not.

What kind of man was that which put you upon a wrong scent? - He was much such a kind of man as the prisoner.

Court. In such a business as this, it seems to me to be very improper to put a watch of this value in a window.

Prosecutor. I have wires for that purpose, but they were not up that night, I am so fearful of being robbed, I generally shut my shop up at night, and leave my door open.

FRANCIS DEGEZ sworn.

I am a broker and cabinet maker, I live in Little Earle-street, Seven-dials.

How long have you known the prisoner? - Between seven and eight years.

What way of life is he in? - I believe in the portering way.

Have you employed him in your business? - I have employed his mother, that is the way I have known him, no further; I always understood him to be an honest young fellow, I knew nothing of this before this very morning that she came to me, I was in bed when she came.

Jury to Mr. Sutherland. How long was it before the window was broke, that you saw the watch? - Not two minutes before.

When the window was broke, and you went out, did you miss the watch? - Yes, I did, as soon as I went from the door, I met my next door neighbour, and told him of my loss; it made a report equal to that of a gun, I turned round immediately, and saw a vacancy, there were three watches hung there, and this was the centre watch.

Court to Prisoner. Do you know either or both the witnesses? - I never saw either of them before.

Jury. Who is Lowe?

Lowe. I live at Kensington Gore, I am a hair-dresser by trade, I had been at Berwick-street, to my sister to tea, and that kept me late, I work for my brother-in-law.

GUILTY , Death .

Prosecutor. I humbly recommend the prisoner to mercy.

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

Reference Number: t17860222-6

197. JOHN HOWS was indicted for burglariously and feloniously breaking and entering the dwelling house of John Walknet , about the hour of nine in the night, on the 18th day of February , and burglariously stealing therein, four shillings in monies numbered, the monies of Richard Huffnell .

RICHARD HUFFNELL sworn.

I rent a shop and parlour of John Walknet , he lives in the front room up one pair of stairs, I sell ready made clothes, hosiery and haberdashery , the shop was broke open last Saturday evening, between nine and ten, the shop was shut up, I shut it up myself, I was out, the re is one street door which goes to several apartments, there are two doors, one into the shop, and one into the parlour, this was the door that goes into the passage; I went out a little after nine, and returned about a quarter before ten, as near as I can guess, when I returned the shop was open, by some means the escutcheon that goes over the key hole was broke, but whether it was whole when I went out or not, I cannot say.

Did you find the locks or any part of them broke? - No.

Was the door locked when you went out? - Yes, it was, and I had the key in my pocket, I tried both the doors when I locked them, to see if they were fast, which I always do, I missed some silver out of the till, four shillings, when I came home I was informed my shop was broke open, and the prisoner was taken to St. James's watch-house; I left a fire and a candle in the parlour, the candle was missing out of the stick, the stick was left, and there was some candle grease about the till, I went out at the parlour door, and locked it, and took the key, and I locked the shop door on the inside; I never saw the prisoner before; I did not commission him nor any one to take care of my shop.

- WILSON sworn.

On Saturday night last, I was going to speak to a person that lodges at this house, about twenty minutes past nine, when I got, I found the street door open, I went in, and walking across the passage, I went against two men, it was quite dark, they stood at the parlour door, one of them asked me if I had ever a shag waistcoat, upon my telling him him I did not belong to the house, they went out at the street door, I went up stairs, and desired the person that I went to, to come down and fasten the street door after me, when we came down, she said, Mr. Huffnell was come home, and she would tell him some person had wanted him; we went to the shop door in the passage, and we found that fast, we then went back to the parlour door, while we was trying to open that, some person in the shop opened the shop door into the passage, and came out and went out at the street door, I saw them go out, but not enough to notice them; I then went into the shop, and the prisoner stood behind the door when I went in, I asked him if he belonged to the shop, he said, he was left in care of it, I then enquired of Mrs. Wilson, if the man who kept the shop had any body to assist him, I did not know Mr. Huffnell before, she told me he had not, I then took hold of the prisoner, and took him to St. James's watch-house; I did not take notice of the till at that time, I returned from the watch-house, and the prosecutor came home in five minutes, then I asked him to look about the shop and the parlour, to see if he could find any picklock key, but there was none found; there was a candlestick in the parlour, which stood by the drawers, there was no candle in it, after the prosecutor came home, we looked about the shop, and saw nothing particular, but about the till, several drops of tallow grease were found, the piece of candle was not found,

the till was shut in, these drops of tallow looked fresh, at the watch-house the prisoner said, he went in to buy a pair of stockings.

Prisoner. That gentleman, went round the shop, and opened almost every drawer with a candle in his hand.

HANNAH WILSON sworn.

I came down with the other witness, I called him back, and said I heard somebody in the parlour, and while we went to that door, a man opened the door in the passage and ran away, we then went into the shop, and the prisoner was standing rather behind the door, about a yard within the shop; I asked him how he came there, he said he was left by the master of the shop to take care of it; I asked him to tell me what sort of a man the master of the shop was, but he made no answer to that; the bell that was over the shop door was broke down, so that the other man went without our hearing him; the last witness took the prisoner to St. James's watch-house, the prosecutor returned in about ten minutes, and I took care of the shop till his return.

The door of the shop was not broke at all? - No, they got in at the parlour door, we found the door open, the scutcheon was broke off the door, but whether that was broke before I do not know, and the lock was picked, and I saw some marks of tallow on the counter.

Court to Prosecutor. Was the door between the parlour and the shop locked? - No, there is no lock upon it, I forgot to mention the bell that was hung up as an alarm was secured quite down.

Court to Wilson. Was the prisoner searched when you took him? - He was not particularly searched.

Court to Prosecutor. What money had you left in the till? - There were six or seven shillings, and when I came back there was one shilling and some halfpence left.

PRISONER's DEFENCE.

I was coming along, there was an alarm that the gentleman's house was broke open, and I went to see, and they caught hold of me, I was searched all over, even my shoes, and I had not a halfpenny in the world.

How old are you? - Between fifteen and sixteen.

LETITIA RUSSELL sworn.

I have known him sometime, I work for the lady that his father and mother lives with, his parents are decent honest people, and I never knew any thing to the contrary, I have seen the youth with his parents, his father is a bricklayer, and his mother lives cook and house-keeper to the lady that is here now, I believe he works with his father.

GEORGE JOHNSON sworn.

I have known him these two years; since I have known him, he has worked with me about six months; I am a painter and japanner, he has behaved very well, I looked upon him while he staid with me to be very honest.

SARAH DENNESON sworn.

I have known him four or five years, his mother has lived servant with me three years, he has been at my house for three months together with his mother, I never heard any thing amiss of him, I have trusted him with plate and a great many valuable things, I always found him exceedingly honest, there are more witnesses, who, if here, would all give him the same character I have done.

GUILTY , Death .

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

Reference Number: t17860222-7

198. JOHN LANGFORD and THOMAS PETRIE were indicted for burglariously and feloniously breaking and entering the dwelling-house of William Crushaw about the hour of six in the night, on the 25th day of January last, and buglariously stealing therein, one woollen great coat, value 14 s. one pair of corderoy breeches, value 13 s. the property of William Barnard .

JUDITH BARNARD sworn.

I am wife of William Barnard , we live

in the house of one William Crushaw , in Bowling-street, Westminster , we rent some rooms in the lower apartments; Crushaw lives in the upper part; we keep a clothes shop , our house was broke open the 25th of January, about six in the evening, I lost the things mentioned in the indictment, the shop was open and a candle in the shop, I never saw the prisoners till I saw them at Justice Abingdon's, in King-street, Westminster, in about half an hour after; but the things have never yet been discovered, they were in the shop window, which is a low window, the wooden pannel was forced in, they hung upon a rail within the shop, there is a parlour adjoining the shop; the wooden pannel underneath the window was forced so that a hand might be put in to reach the coat and breeches which hung on a rail, I heard a noise in my parlour and came out as soon as possible, I saw the things were gone, and I run immediately into the street, the pannel was whole at four in the afternoon, I am clear in that.

- PARKER sworn.

I am a taylor, I was at Mr. Barnard's shop at three in the afternoon, on the 25th of January to the best of my knowledge, I stopped there sometime, I saw the coat and breeches hanging on the rail, and the windows were all safe at that time, I staid a little while, and went away; about twenty minutes after six the same evening I was sent for by Mrs. Barnard, and they informed me her shop had been robbed, I went to her, and found the things were gone, and the pannel was broke in; I went to the Justice's and found the two prisoners there.

WILLIAM WATSON sworn.

I am a gardener and one of the patrol of St. John's parish, I came along Bowling-street, this house of Mr. Barnard's is a corner house, one window looks into Little Peter-street and one into Bowling-street, the two prisoners passed by that window.

Did you know the persons of the prisoners? - I had had information of them before, I knew the tallest, Langford, before, I watched them for a quarter of an hour, I saw them both, during the time I saw Petrie passing the window, I could see them perfectly, I was but a little distance, Petrie fixed his back against the window in Little Peter-street, and I saw him fumbling along, while at this wooden pannel that he broke in, they both then went up Bowling-street eying the window.

Did you see him break it in? - No, I saw him a fumbling, which made me have a strong suspicion that they meant to rob the shop; there is a court in Bowling-street, called Oliver's-court, and they both of them went in there; I saw them return and pass this shop, I went to carry my tools home, and I went for my cutlass, and I returned immediately, and when I returned the robbery was committed; the men were gone away, I went in pursuit of them; I took them before Justice Abingdon, and saw no more of them that night.

Are you positive those are the two men? - Yes, I viewed them near a quarter of an hour or better, and they were not further from me much than you are, I am positive they are the two men, I passed them several times.

JOSEPH PERSIVAL sworn.

I assisted in taking the prisoners, we went together, in Bowling-street I remarked the prisoner Langford in particular, and I had not a doubt of the other, I saw his face; I am as clear of seeing Langford as of seeing you; I have not a doubt about the other; I came down Bowling-street, and Watson says them are the two chaps, says I directly that is Higby as we call him, that was the prisoner Langford, they were then about three or four doors from the shop, I saw them go to Barnard's, we all got into an area to conceal ourselves, and Watson went to carry his tools home.

Did you see the prisoners do any thing? - We saw them walk backwards and forwards looking in at the window, then they both joined together about the part where this pannel was broke, the pannel was pushed in with a knife, we did not see them brea n the pannel, they were in the dark

part of the window, but we saw them there, and saw them go by with nothing, and then Langford came away with a bundle, it had the appearance of cloaths, it came from the direct spot where that pannel was broke, the prisoners ran one one way and one the other, and we tried to overtake them but could not, and in about a quarter of an hour we took them, we met with them in Duck lane both together and took them, they had nothing with them, then we searched them, and found on Petrie a knife that strikes a light on the back, and some matches.

Jury. Was it the top of the pannel or the bottom that was wrenched? - It was the whole pannel, it appeared to have been done with a knife, and the knife we found on Petrie matched exactly with the impression of the wood.

Court. The pannel was not taken out? - Not the outside, not outward, it was forced inwards, I could almost get my body in.

Prisoner Langford. Why did he not detect us when he first saw us? - We should have detected them if we could have got out soon enough, we thought that he meant to go in at the door, by peeping in at the door and the windows.

JOHN GOUGH sworn.

I am constable of St. John's.

Is the account that Persival has given a true account? - I can explain it a little better in some respects if you please; first I was called by Watson, he told me there were some thieves, I went with him, and we called on Persival on our way, when we got into Bowling-Alley, almost facing the house on the opposite side of the way, we met the prisoner Langford, and I believe Petrie, but I am not quite so clear to him as the other; says Watson, there they are; then we went into an area the corner of Tuffton-street and concealed ourselves, and presently they came back round into Little Peter-street to this place where the pannel was broke out; the low part of the sash they fill up with pannels instead of glass, and painted dark, which made it rather dark that we could not see what they were about; when they came back to Bowling-street to us to that particular place; immediately I saw the cloaths slide off the rail, and them two men at that identical place, I could see into the shop by the light that was in the shop, I saw very plain the cloaths slide off the rail, but I could not perceive their arms so plain as if the other pannels had been glass, one of the prisoners passed us and out-run us, we tried to pursue them, but we knew them so well we were in no doubt of finding them again: I do not speak so clear to Petrie as I do to Langford: We took them soon after in Duck-lane.

Did you observe the dress of the other prisoner? - Not so well my Lord, we found these two knives upon them, and one of them matched with the impressions that were made on the wood, and it much about fits these things, they are rabbitted on the inside, and bradded in with bradds.

Jury. What distance was the area you was concealed in? - About thirteen or fourteen yards.

Court to Mrs. Barnard. Had you had any occasion to take notice of this pannel before this evening? - They were all secure for what I know.

Do you know that they were secure? - I am pretty clear they were, they were all safe between three and four.

Jury. How high was the rail from the ground where the cloaths hung? - I cannot justly say, it was breast high.

How low down was the pannel? - I cannot say.

PRISONER LANGFORD'S DEFENCE.

I have nothing more to say than I am innocent, I saw them two gentlemen just before me, but I had no suspicion of them.

PRISONER PETRIE'S DEFENCE.

My mother sent me to know what it was o'clock, and I met this prisoner and stood talking with him, and they came and took me up.

JOYCE PETRIE sworn.

Do you remember the evening your son was taken up upon this business? - Yes, I sent him out to see what it was o'clock, I was going out to a night's washing, and I never saw him till I was told he was taken up.

Where had he been before you had sent him out? - He was at home in the afternoon, he had been at home for two hours, I sent him out between eight and nine, I was going out at ten at night, and I washed all night.

What time was it they told you he was taken? - It might be an hour and three quarters, between the time he was gone and the time they came and told me he was taken.

Where was your son at six that evening? - He was at home and had some tea with me, and was in a considerable while after that, and sitting by the fire before I sent him out to see what o'clock it was.

What is your usual tea time? - No settled time.

The prisoner Petrie called two other witnesses to his character.

ELIZABETH HIGBY sworn.

I am mother-in-law to Langford, I came up to London to see my son, and to eat a bit of supper with him, and then I heard the report he was taken up; I had not seen him for seven years, he had been at sea with Admiral Hughes.

JOHN LANGFORD , GUILTY , Death .

THOMAS PETRIE , NOT GUILTY .

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

Reference Number: t17860222-8

199. WILLIAM PIGOT was indicted for burglariously and feloniously breaking and entering the dwelling-house of Thomas Murphy , about the hour of two in the night on the 13th day of February last, and burglariously stealing therein, seven silver teaspoons, value 10 s. one silver pepper-box, value 5 s. one paper box, value 2 d. one broken gold ring, value 6 d. one thousand four hundred and forty copper half-pence, value 3 l. four hundred and eighty copper farthings, value 10 s. and one horse-pistol mounted with brass, value 3 s. the property of the said Thomas Murphy .

HANNAH MURPHY sworn.

I am wife of Thomas Murphy , he keeps the sign of the Court-house in Court-street, Whitechapel ; the house was fastened up the night of this robbery, and the cellar window was fastened, I heard no noise in the night, I got up a quarter before seven, my husband came down stairs just before me, and he said, make haste down, for the house has been broke open; I came down in three minutes after, when I came down I saw the bar door was broke open, and the till in the bar, the till goes with a lock; I lost a large quantity of halfpence that were loose, and one five-shilling paper, they were done up in a piece of brown paper and tied up with pack-thread, they were all loose, except the five-shilling paper, I lost seven tea-spoons and the things mentioned in the indictment, it appeared, by some of the boards being broke away, as if somebody had put in their hands and unbolted the cellar window; no other part of my house was broke on the outside, they came at the bolt by breaking away the boards; the prisoner was a customer of ours some time, he used to live higher up in Whitechapel, but I do not know whereabouts, he is a copper-smith I believe; afterwards that morning I heard from the watchman, William Brown , that this prisoner was taken, and these things were found upon him; the watchman came to me at nine in the morning, I went before Justice Staples, the prisoner was at the bar, and I saw my teaspoons and pepper-box, and some halfpence, I could not know the halfpence, but I knew the five-shilling paper, (the spoons and pepper-box, and the five shillings worth of halfpence produced and deposed to,) two of them are marked H. W. one is marked S. G. and a cypher on the other, and two that are plain, here is an I,

and the other is G. E. W. and the other two plain, I have had them five or six years, I am sure they are all mine, I have observed the marks on those that are marked many times, the pepper-box has no mark upon it particularly, I am sure it is mine; here is the pistol, I have seen it in my bar several times, it was not my own, it was left in my care by another person; this paper box is mine, and within the box is a bit of paper written on; there is a nutmeg in it now, but there was nothing but a slip of paper in it, I am sure it is my box, I am sure of the paper of halfpence, they are tied up in a clumsy manner.

Mr. Knowles Prisoner's Counsel. Whereabouts is this cellar window of yours? - It opens into Court-street.

How many months before this matter happened had you observed these boards? - No months nor days, I never saw it before the night of this robbery.

Do you and your husband live alone in this house, or have you any servant? - I have a servant.

How many lodgers have you? - A man and his wife.

No more? - I have some people worked up stairs, but they do not lodge in my house.

Are you quite sure they could get their hand in where this bolt was unbolted? - Yes.

Do not you know that other people have tried since this matter happened, and could not do it? - No.

Have they not told you that they tried, and that it could not be so? - No.

Can you swear that all your lodgers were in bed at this time? - They were all up stairs at that time, I always see the doors fastened befo re I go to bed.

Did you see all your lodgers come in that night? - I cannot say I did, but it is a thing impossible that my lodgers should come into this house that way, my lodgers were all in the house before I went to bed, I was the last person that was within the cellar.

Did you happen to try the cellar window? - I saw it bolted safe the same night, my husband and me were both in the cellar, and we went to bed immediately.

Are you quite sure that this breaking of the boards was a fresh breaking? - I never saw it broke before, if it had been broke before I must have seen it; you cannot go in and out of the parlour without seeing it.

Court. But however, whether it was broke or not, you are sure that window was bolted just before you went to bed? - Yes, it was.

Court. Then if the door was broke before, if any man put in his hand and put back the bolt, it is a burglary.

WILLIAM BROWN sworn.

I am a private watchman in Whitechapel road side, I took the prisoner in Broker's-row, about half past two on the Monday night, I found this horse-pistol upon him under his coat, I did not search him any further till I took him to the watch-house, there he was searched in my presence, and there were a large quantity of halfpence loose in his pockets, and there was this brown paper with halfpence in it, and seven silver tea spoons; and a silver pepper box was found upon him, and this paper box, there were found some pieces of a gold ring, Mrs. Murphy sent her servant to my house, and I went about nine, and said, I had taken a man with with some silver spoons, and a pepper box; I saw the bar door had been broke open, I saw Mrs. Murphy before the Justice, when the prisoner was there, the things were produced before the Justice, the woman swore to them.

Mr. Knowles. Did Mrs. Murphy shew you the cellar window? - I did not ask her.

Have you ever seen the window? - I have, and it appears to be fresh broke.

Was the prisoner sober when you took him? - No, I thought him rather stupid in liquor, I would not speak harm to the gentleman.

Did you find any implement of housebreaking

upon him? - No, but in the struggle, he drew the ramrod of the pistol from me against my will.

JOHN FOSSETT sworn.

I was standing about fifty yards from my stand, I ran to assist, and I helped to take him to the watch-house, I saw some halfpence taken from him loose, and in a paper too, and the spoons and pepper box were taken out of his left hand pocket, and this little box, and a broken gold ring was taken out of his right hand breeches pocket, the prosecutor swore to him; Mr. Glanceman has had them ever since.

RICHARD GLANCEMAN sworn.

I am the night beadle, I produce these things that I found on the prisoner at the watch-house, all but this pistol, I produced them at the Justice's, I have had them ever since.

PRISONER's DEFENCE.

I have nothing at all to say, any further than I was very much in liquor when I went before the Justice, I leave it to my counsel.

Mr. Knowles to Prosecutor. Was not he at your house that night? - Yes, he was, he had only one pint of beer.

Was he sober? - I do not think he was sober, when he had the pint of beer.

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

GUILTY , Death .

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

Reference Number: t17860222-9

200. GEORGE CHARLEWOOD was indicted for feloniously stealing, on the 4th day of October last, one bay gelding, price 5 l. the property of John Houseman .

JOHN HOUSEMAN sworn.

I am a stable keeper in Crown-street, St. Ann's , the prisoner applied to me for a horse, for one Mr. Edy; the prisoner was a post-boy that I knew by sight; he said, there was a chaise going to Barnet, and he wanted this horse to accompany the chaise, to carry the servant, and to return with the chaise again, I know the horse was delivered by my man, I saw him brought out by my man, and delivered to the prisoner, the hire was to be paid afterwards, he was worth five pounds, but I would not have sold him for twice five pounds; I found him at one Mr. Johnson's, in Whitechapel, he was then Mr. Johnson's property, Mr. Johnson came and gave me the intelligence himself, he keeps hackney coaches, I did not see the horse till I saw him at the Rotation-office, there I swore to him, it was the same horse the prisoner had from me, I had had the horse between three and four months, I am sure it was my horse, I can bring twenty people to prove it; I understood afterwards, that instead of going to Barnet, he sold the horse in Lemon-street, Goodman's-fields.

JAMES WOOLDRIDGE sworn.

I live close by the premises of the prosecutor, and I was passing by his yard, and I went in about some business, I saw the prisoner take the horse from Mr. Houseman's servant, and ride it out of the yard, I asked him where he was going with that horse, I said the horse had a bad knee, and if he did not take care he would stumble; he seemed to make light of that, he said, he was going no further than Barnet; he went the way that goes to Tottenham-court-road, which goes to Barnet, he might go that way to Mr. Edy's, but it would be a third part further.

ROBERT SUGDEN sworn.

I bought the horse of the prisoner, that there gentleman that is standing here, it was the day of Croydon fair, I think it was Tuesday, it was in October, I am sure that was the day; it was a bay gelding, his knees were most terribly broke when I bought him at the Black-horse, Lemon-street,

Goodman's-fields; it was between three and four in the afternoon, it appeared to have been very hard rode, there was a piece of flesh hung over his knee, where it had been torn.

Court to Wooldridge. You spoke of one broken knee, do you know whether there were two broken knees or one? - Yes. both knees were blemished, but one worse than the other; I left sight of the man after he had gone about twenty or thirty yards.

Sugden. When I saw him, one of his knees looked as if it had been fresh done, one of his knees was all over blood.

Wooldridge. When the prisoner took it, it was not fresh.

Sugden. The horse appeared to be rode hard besides, he was all of a sweat, I was to give the prisoner a guinea, and half a crown, there was a saddle and bridle on the horse, that I suppose were worth three pounds, but that I did not buy; I knew the young fellow for five or six years, he lived with one Mr. Skammell, at the Black Horse, in Lemon-street, which made me buy the horse of him, I do not deal in horses, it is the first horse I ever bought in my life; I bought it to ride, but found it did not answer my purpose, and I sold it to one John Johnson two days after; he lives in Catherine Wheel-alley, Whitechapel, for two pounds fifteen shillings; this horse was then produced, and the prosecutor owned it, and sent it to his house.

Court. It is a good business that, is not it? - No, my Lord.

You was under examination at the Rotation-office? - Yes, I delivered up the property, that is, I was the loser of the money, when Johnson told me the horse was advertized, and I was present when Johnson delivered back the horse to Houseman, he took the horse home with him; I was the Rotation-office six or seven days after, I cannot tell the day; Justice Staples granted me a warrant to take the party if I found him, which I did not.

Did Mr. Houseman see the horse that night? - Yes.

Did you see the horse that Houseman claimed? - Yes.

Was it the horse you brought of the prisoner? - The very same horse.

Court to Houseman. Did you see this Sugden at the Rotation-office? - Yes.

Jury to Sugden. What business are you? - A salesman and dealer in clothes.

Where do you live? - In Great Exchange, Rosemary-lane, here are some gentlemen that know me and my family extermely well.

JOHN JOHNSON sworn.

I live in Catherine Wheel-alley, Whitechapel, I bought this horse of Sugden, he had a broken knee, I thought he would serve me as a hackney-coachman, I do not know where he had been bought, but they told me at Croydon-fair, and that the gentleman threw him down in coming home.

What did you give for it? - Two pounds fifteen shillings, and spent half a crown.

Did you know this Sugden before? - Extremely well.

What is he, a horse dealer? - No, but I knew Mr. Skammel's hostler, we often buy horses with broken knees, they are no blemishes to us; I keep a hackney coach that works in the street.

A broken kneed horse is no objection? - No, none, nor a blind horse, any thing answers our end that will only go forwards.

Was you at the Rotation-office? - I was the man that went up to Mr. Houseman's, and told him that a friend of mine had the property, and I wished for my money, that was the truth if I could have got it back again; I was the person that took the horse to the Rotation-office from my stables, and Houseman swore to the horse, and I would not let him have it without; I made him make an affidavit before Justice Staples, Sugden was there, and it was the very horse I bought of Sugden,

I have had all the money from Sugden, he gave me part, and I summoned him for the rest.

What would this horse have been worth to you? - I took upon him not to be worth a great deal at that time his knee was broke and very much blemished.

PRISONER's DEFENCE.

The Tuesday that Croydon fair was, I saw a man riding up Oxford-road, with a blue coat and boots and spurs, I was at breakfast, I hailed him, he said, will you have any thing to drink, says I, you have a poor horse, yes, says he, I bought him yesterday at Croydon fair, I wish you would do with him as well as you can; I took him into Whitechapel, and sold him for one pound three shillings and sixpence, and Sugden bought him of me.

MATTHEW HOTCHKINS sworn.

I happened to be the same morning at a public house, at the Buffalo's Head, the corner of Newman-street, Oxford-street.

Court. What morning was it? - The day of Croydon fair.

At what time? - I look upon it to be about ten in the day, or between that and eleven, I cannot be particular to half an hour.

What happened when you was at this Buffalo's Head? - The prisoner at the bar was there, and had some beef-stakes, there were one or two more that were in company, the prisoner asked me to eat with the, and whilst we were eating them in the tap-room, there came up a man on horse-back, just after we had done he came to the door, and the prisoner knowing him they had a drop of gin, I believe, to the best of my knowledge together, he came in, and said, he wanted to speak with him, and took him out, and away they went together, and what they did I do not know; at the same time I saw the man deliver the horse up to the prisoner, the same time he told him to do as well as he could with him, but what was the meaning I could not tell, I know nothing further, I left them, that is, they went off and I saw no more of them.

Did you go out of the room to look at this horse? - Yes, I did.

What sort of horse was it? - A bay horse, with broken knees, and more than that, I saw the same horse in Mr. Houseman's stables, and I knew him again.

How long after was that? - It might be about four or five days, I cannot justly say, it was somewhere therebouts.

What are you? - A gentleman's coachman, I am out of place.

Who was your last master? - Young Mr . Bird.

Where does he live? - In Berkley-square.

Did you live with him any time? - Yes, about nine months in the whole.

Did you live in his house? - No, only drove him as a job, I am a job servant, a hackney servant.

You drove him nine months? - I drove him and was likewise groom to him together nine months.

Court to Houseman. Was the prisoner in custody when you was at the Rotation-office? - No.

How long was it afterwards? - About three weeks or a month, that he was taken.

Before what Justice was he carried? - The Rotation-office, in Litchfield-street.

Court to Hotchkins. Was you at the Rotation-office in Litchfield-street, when the prisoner was taken? - No, I was not.

How happened that? - I do not know any thing of his being taken, he did not know where to find me.

Had you been acquainted before? - Yes, I have known him sometime, never to have much acquaintance, or know where to find him, or he me.

Then you did not know any thing of this horse being stolen? - Yes, I heard the horse was stolen, but I did not know who stole it.

You did not hear that the prisoner was accused of it? - No, not that he was accused of stealing the horse.

Did you know any thing of the man that delivered this horse to the prisoner at the Buffalo's-head? - I know the man very well by sight, but I do not know his name, nor I did not know the prisoner's name then, I could soon find the name of that man that brought the horse, but I did not give myself any trouble in going after it; not at that time, I did not know the prisoner's name any further than knowing him by sight.

Did the prisoner know where to find you? - No, he did not, only that I heard of it, and I came to see him.

From the love of justice, I suppose? - - Yes, I did.

Jury What day was it that you saw the horse at the Buffalo's Head? - Upon my word, I cannot justly tell the day, but it was in the morning I remember very well, I cannot justly say, whether it was Monday Tuesday or Wednesday, it was Croydon-fair, but Croydon fair is two or three days.

How long had you been acquainted with the prisoner before this happened? - I have known the man for some years.

What name did you use to call him by? - It is a vulgar name, but we used to call him Snaptrace, and some called him Squintum.

Was you in a club together? - No, Sir, clubs are things I seldom go to.

JAMES FINCH sworn.

I have known the prisoner ten years.

What are you? - I keep a public house.

Whereabouts? - At London Wall, I have kept it about half a year; I never heard but the prisoner bore a very good character, I knew him before I kept a public house.

JOSEPH CHARLEWOOD sworn.

Are you any relation to the prisoner? - Yes.

What relation? - I am his brother, I have ever known him honest and industrious, but very credulous and unthinking; and it seems in my opinion, he has been tricked into this business, by the artifice of a fellow who has escaped with impunity; I therefore trust, that the Gentlemen of the Jury will consider the case of the prisoner at the bar, with that candour and deliberation, which will ever distinguish their sense, feelings, and virtues, and that their opinion will go with mine, that it was not an act of the prisoner's to defraud, but merely an action of stupidity; I have ever known him honest and industrious, he was left very young, he is a year older than me, I am twenty-five last October; but he is very easy of belief, he has not the discerning sense which should protect him from the artifice and deception of others, he has not that sense which would keep him from the artifice of the world; and, my Lord, on the examination in Litchfield-street, Houseman and his hostler were both there, and his hostler who is the man that delivered the horse to the person that hired him, was told he was to appear upon the trial, I have tried to subpoena him, but that man is kept out of the way; it seems to me to be a combination on the part of the prosecutor to a degree of malignance, and to obtain a reward: I hope therefore, Gentlemen, you will pity my feelings, and consider that it is my unfortunate brother's case I plead.

Houseman. I saddled the horse myself, and my man took him out to the prisoner.

Where is that man? - He is with me now, he has never been out of the way.

Has any body been enquiring after him? - I have never heard any thing of it.

Court. Gentlemen of the Jury, the Judges have determined upon a similar case to this, the case of Pares, that if the Jury are satisfied upon the circumstances, that at the time the prisoner obtained the horse, he then meant and intended not to go to Barnet, but to go and sell the horse, that that was a felonious taking, that was the determination in the case of Pares, there is a nice distinction, which as it runs so near, like splitting a hair, it is my duty to mention it, that is this; if on the circumstances, you think that the man really did intend at the time he came to hire or borrow the horse, to borrow it or hire it for the purpose of going to Barnet, as he said,

and that he proceeded on the way, and then afterwards returned, in that case it would not be a felonious taking; but it must be his intention at the very moment of obtaining the delivery to behave in that fraudulent manner; if you conceive the intention to have arisen afterwards, that will not amount to a felonious taking: another thing I take to be perfectly clear, that is, that suppose upon this evidence, you should be satisfied that the prisoner did go to Barnet with this horse, and returned with the horse, and after he returned, instead of delivering it to the owner, sold it; there I take it to be clear law, independant of Pares's case, that he was guilty of felony, because you see the end and purpose of hiring a horse would be then over; now with regard to that you recollect, this horse quite fresh bled at his knees, he was cut, and the flesh hanging over his knees, and with all the appearance of being hard rode, now if you should be of opinion that the man rode this horse to Barnet, and came back again, the difference is from eleven to four, or half after four in the afternoon, then most clearly he will be guilty without any doubt; on the other hand, suppose you should not be satisfied that he did take it to Barnet, then you will consider whether on this evidence, you are satisfied that he did obtain the horse at that moment, with the purpose of disposing of it.

GUILTY , Death .

Court to Jury. Gentlemen, you will be so good as to say, whether you go upon the first point, that at the time he took the horse, he had an intention to steal him.

Jury. Yes, my Lord.

Mr. Baron Perryn to Jury. Gentlemen, the Jury declared the very same thing in the case of the King and Pares, in 1779, Mr. Justice Ashurst tried that, and he stated it as my brother Gould has done, and left it; he reserved it for the opinion or all the Judges, and they were of opinion it was felony, and I believe the man was afterwards executed; and the Jury aid they were of opinion that the horse was obtained by Pares with intention originally to steal it, and that the pretence of going to Surry was a mere pretence and colour, and that at the time he had an intention to steal it: this is the case of the prisoner in my opinion, for this man comes in the name of one Edy, and instead of going to Edy's stables, he rides away with it.

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

Reference Number: t17860222-10

201. HANANEL FONSECA was indicted for feloniously stealing, on the 7th day of January last, one cloth cloak, value 3 s. and three pounds of herb tobacco, value 3 s. the property of Mary Wilks , widow .

MARY WILKS sworn.

I lost the things on the 7th of February, in the neighbourhood of Whitechapel , two men met me, and shuffled me about, one took my handkerchief, I do not know which it was; then another Jew stopped him, and said, do not you be affraid my dear, you will have your things again, and going along through another passage, I met the prisoner with my things, and he chucked them between my witness and me, and the other Jew said d - n me, I owe her a spite.

Court. What business had you there? - I had been to carry some goods, I am sure the prisoner took my cloak and the tobacco between him and the other, I never saw any of these people before; the prisoner told Justice Staples, that he took the cloak but not the parcel.

Was the examination taken in writing? - Yes.

Court. Then I cannot receive parol evidence of this.

Mr. Peatt, Prisoner's Counsel. What time of the day was this? - Three in the afternoon.

Then you had dined I suppose? - I had.

And took a chearful glass after dinner?

- I am sure I had drank nothing, he told Justice Staples, that he had made me drunk, I had drank nothing but a little drop of cold beer.

Was there a good many people about you in this narrow street? - There was a great deal of Jews and other men, I saw all the action and transaction, there are a parcel of dirty boys, there was nobody spoke to me, but the other man and him.

How come you to recollect him? - Because I do, if I could not swear to him, I would not.

Why do you swear to him? - I can swear to him in any place in England, that he is the man that took my cloak, he is the man I met and chucked them down.

Did you at any time during the course of this day, say you could not tell whether the prisoner or any other man took your cloak? - I did not, they are false people that say so.

BENJAMIN READ sworn.

I was coming through the passage, the corner of Broad-place, Castle-street, I belong to Whitechapel parish, and as I was coming through a little alley, I met the prisoner and another lad or two running with the woman's property, I made a reply to them, says I, you have been and made a hawl somewhere, they made a reply to me, with an oath, and said let me pass you, they passed me, I did not stop them then, I went through the place into Wingfield-street, and there this woman was crying, and said, she had lost her property, a Jew man said, do not cry, I will shew you where you can have your property, we went through this place again, and met this young fellow coming to bring her property; she then said, this is the man that took my property, and I took him before Justice Staples; I am not an officer, but I imagine that having examined the property and not finding it valuable enough, he was coming to bring it her again, she gave me charge of him, and they took it out of his hand.

Mr. Peatt. Did they say any thing in your presence about her stealing the property from another person? - They never said a word of that sort in their life to my knowledge.

PRISONER's DEFENCE.

I was going along, and this woman was crying, and I said, I will run after the people, and get you your property again, and I went and took it from the people, and was bringing of it back again to her.

MARY COLEDOCK sworn.

Do you know Mary Wilks the prosecutrix? - No, I do not, but that woman was in company with me to day, I happened to go promiscuously into the Bull's-head, in the Old Bailey, and she came in and asked me to shew her into the back yard; and while I was there, she fell a trembling, there she said, she wished she had never called out stop thief; says she, I have been robbed by two women in Wingfield-street, of three pounds of tobacco, and a red cloak; then we parted, and went there again, and the prosecutrix was there again, and she said, the man was not brought up yet; says I, I think you told me you was robbed by two men and two women, says she, I did not know which out of the four did rob me, any further than the prisoner that is now in custody, he said before the Justice, he took the cloak from me, but who took the tobacco I do not know.

The prisoner called two witnesses to his character.

GUILTY .

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

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

Reference Number: t17860222-11

202. JOHN CARTER was indicted for feloniously stealing, on the 17th day of January last, four live geese, price 12 s.

and one live gander, price 3 s. the property of William Iley .

WILLIAM ILEY sworn.

I live at Harrow , on the 17th of January, I lost four geese, and a gander out of an out-house, I am a poor man, I do not know the prisoner.

Did you ever find these geese, and this gander again? - Yes.

In whose possession? - In the possession of Ralph Barnard , the man had taken them I saw them there afterwards, the prisoner owned after he was taken, that he had them from my house.

RALPH BARNARD sworn.

I live in Hanger-lane, I saw the prisoner in possession of some geese, the 17th of January.

Did you stop him? - Yes, I saw him loitering about the buildings, and we suspected him; he had four geese and a gander in a bag, I have the bag here, the geese were dead, I took him into custody, a few words passed, and I asked him where he had them from, he told me from William Iley ; I went to the prosecutor's, and he owned them.

Court to Prosecutor. Were there any particular marks to distinguish them? - No otherwise than by their feathers.

PRISONER's DEFENCE.

I pray the mercy of the Court.

GUILTY .

Whipped .

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

Reference Number: t17860222-12

203. JAMES CLARKE and JOHN GREEN were indicted for feloniously stealing, on the 17th day of February , one bag, value 6 d. one basket, value 12 d. and one hundred and fifty pounds weight of Russia tallow, value 4 l. the property of Thomas Wale .

THOMAS WALE sworn.

I live in Shadwell High-street , I am a Tallow-chandler , on the 17th of this month, I called my servant up at five to make candles, after he came down stairs the clock struck, he did not know the time when he came down, the act of parliament is so strict we dare not begin before five, while he was enquring the clock he was informed some tallow was lost, which had been in the cellar under my dwelling-house, this place that I commonly work in is detached from the house about twenty yards; when we came to examine the door that had been locked was open, and the lock wrenched; they called me and told me I had been robbed, I got up and saw the tallow gone.

JOHN ENNEVER sworn.

I missed some tallow, I know the sack it was in, when it is produced.

ROBERT MABERLY sworn.

I was going in my course to survey, I surveyed my first course, on my double (what we call the double is going twice to each house) a man passed me and turned round to look at me, and I having my dark lanthorn in my hand I turned to look at him again, this was at half past three in Ratcliff-highway, it being a lightish morning, I perceived something light coming upon me, then I perceived it coming nearer, and then I put my light under my coat, and I saw the prisoner Green run over into Parker and Henry's yard, I ran after him, he ran from the opposite side of the way, he put down the basket and tried to escape over some little rails that were there; I called for the watch, and he secured him, then we went and took the basket and carried him and it to the watch-house; the basket contained Russia tallow.

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

Reference Number: t17860222-12

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 22d of FEBRUARY, 1786, and the following Days;

Being the THIRD 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 III. PART III.

LONDON:

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

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 James Clark and John Green.

Ennever. After I received information from the excise officer, I went to see what I missed, and I missed a sack and basket, with about two hundred weight of tallow in it, I knew it by having chopped it, and I knew the sack by the corner where I tied it up.

JOHN OSBORNE sworn.

I am a watchman belonging to Wapping, I was setting in my watch-box about half past two in the morning, and I heard somebody coming along very nimble, and I saw two men run down Black-horse-yard, I immediately unbolted the door, I ran down after them, and caught the prisoner Clarke by the collar, and asked him what he had got there, and the other man called out Tom; I asked him what it was, he said it was only a bit of tallow; I brought him back to the watch-house with me, I took him to the watch-house, and the next day to Mr. Justice Smith's, and the prosecutor claimed it; I asked him where he got it, he said from on board a ship down at Black-wall, I told him he must be detained till the morning, I know nothing further.

EDWARD PRIOR sworn.

I came to the assistance of the excise officer, I likewise saw the basket, I jumped over the rails and searched the shed, and found him in the vault, he was in a great heat when I collared him, I am sure nobody else was over the pales, for I examined the place.

Court to Maberly. Was the man the watchman brought out the same man you saw get over the pales? - Yes, I am quite sure of it.

PRISONER CLARKE'S DEFENCE.

I belong to the Ariadne, I was out in her the last season, and when the ship lay at Deptford I got liberty to come on shore, I could not come but at night, coming along Ratcliff-highway, two men came across the way and asked me to cary a load, one of them staid by me, and said it was to carry a bag which had Russia tallow in it, he said it was smuggled, I was carrying it along, and the watchman came and told me to stand, I have been at sea fourteen years.

The prisoner called one witness to his character.

PRISONER GREEN'S DEFENCE.

I came on shore that night about eight,

I was out late and I went into this yard till the morning.

BOTH GUILTY .

Each transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-13

204. THOMAS WILLIAMS was indicted for feloniously stealing, on the 16th day of January last, three handkerchiefs, value 5 s. one muslin handkerchief, value 2 s. and one pair of cotton stockings, value 2 s. the property of Angus M'Kenzie .

ELIZABETH M'KENZIE sworn.

I am wife of Angus M'Kenzie , he lives in St. Martin's Church-yard ; this boy lived servant with us three weeks, we lost the things mentioned in the indictment in January; I did not miss the things till they were brought to me on the Sunday evening by Mr. Mander, he brought two handkerchiefs and a pair of cotton stockings, they were my property, the boy lived with me at the same time.

WILLIAM MANDER sworn.

I keep a public-house in St. James's-street, and on Sunday night my wife went up stairs in the servants room, she found this small bundle, the boy was out with beer, and we asked the man whether he knew any thing of it, when the boy came in we asked him whether it belonged to him, he said it did, I asked him how he came by it, and he said a boy gave it him, I asked him what boy; it appeared to me very unlikely that a boy should give him these things; he said it was a boy that drew beer at the Catherine-wheel, near me, but he was not there now, I enquired and found out where the boy lived, I found him in St. Martin's Church-yard, at the prosecutrix's; I shewed her the things, they were her property, she advised me to send for my boy, and we sent for him up stairs, and the prisoner owned he had taken the things out of his master's shop and given them to my boy.

Were any promises made him? - None at all; my boy is here, his name is John Smith , I left the things that night with Mrs. M'Kenzie.

(The things deposed to by the prosecutrix.)

The stockings are mine marked with the letter A.

JOHN SMITH sworn.

The prisoner said he had a good place, says I, I am glad of it, and says he my mistress finds me in victuals and cloths; says he I have these things, I will give them to you; I have known the prisoner about five months.

PRISONER's DEFENCE.

I have nothing to say.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-14

205. MARY WILLIAMS was indicted for feloniously stealing, on the 2d day of February , one silk gown and coat, value 30 s. one bombazeen gown and coat, value 28 s. a cloak, value 3 s. an handkerchief, value 2 s. the property of Diana Harrison , widow , in the dwelling-house of Letitia Baker .

DIANA HARRISON sworn.

I am a widow, I was going up stairs, and I heard somebody in my bed-room, and when I came to the top of the stairs I saw my room door broke open, and the prisoner standing at the door, I had left it locked about half an hour before, and took the key in my pocket; the prisoner had some things in her apron, I lost the things mentioned in the indictment, the value of the silk gown and coat is about thirty shillings, it

would sell for that, the bombazeen gown and coat is about twenty-eight shillings, it would sell for that; a silk cloak which I value at three shillings; and a silk handkerchief, not worth more than two shillings; I know the things, the silk gown and coat I had worn many times, I have no doubt about any of this property: I asked the prisoner who she wanted, she said she wanted one Smith a shoe-maker; I told her there was no such person lodged in the house, she said there did, and it was an orange warehouse; I asked her what she had in her apron, she said they were for Mr. Smith, I asked her to let me see them, she refused, I asked her again, she said they were her own; I told her if they were she would not be ashamed to shew them, she said if I would let her come down I should see them, I did so as far as the landing place, I asked her again to let me see them, and she again refused, I told her I believed they were my property; I called the lodgers on the second floor to come and take the child out of my arms, and I called for more assistance, and the lodgers of the first floor happened to be coming through the passage, and asked what was the matter, we examined her apron against her inclination, and there were the things that are mentioned in the indictment, that lodger took them out of her apron, and the other lodger tied them up, I have had them ever since.

(The things deposed to.)

ELIZABETH HASSEL sworn.

I lodge in the second floor in Mrs. Baker's house, she is a single woman; I heard Mrs. Harrison call, and when I came out she was stopping the prisoner on the landing place on the first floor, I saw the things taken out of her apron which are here, which Mrs. Harrison claimed, I am convinced the prisoner is the same person which took the things.

RICHARD BROOK sworn.

I lodge at Mrs. Baker's, in the room adjoining where Mrs. Harrison lays, I was coming through the passage and heard high words, and the prisoner at the bar refused to shew what she had in her apron; so I called another man and turned these things out of her apron, I am sure to the prisoner, we took her to the watch-house directly.

PRISONER's DEFENCE.

When I went up to this person I trod upon these things, I picked them up, and would have come down to have shewn them to this gentlewoman in the parlour, she would not let me; the things were taken out of my lap by force; I trod upon them by accident, I came to see Mr. Smith of High-street Marybon; I never was nigh the room nor in the room; I was searched, I know nothing of the things.

Court to Prosecutrix. In what manner was your door broke? - The staple was forced.

Was there any body there but her at this time? - Nobody but her, and I am sure I locked the door, I tried it after, and I took the key out.

(The Jury desired to look at the property.)

GUILTY. Of stealing to the value of 20 s .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-15

206. ROBERT NEWMAN was indicted for feloniously stealing, on the 13th day of February , six silk handkerchiefs, value twenty-six shillings, the property of Charles Haskew , privily in his shop .

CATHERINE HASKEW sworn.

I live in John-street, Oxford-road , I keep a haberdasher's and milliner's shop , I lost six silk handkerchiefs out of my shop, they were lying in the window, and were found on the prisoner; the prisoner came into the shop as I was sitting in the parlour, he asked me to serve him with a halfpenny-worth of black silk, he paid for it,

and then went from behind the door, the shop window was behind the door, I saw him take a piece of silk handkerchiefs, as soon as I saw them in his hands, I screamed out thieves! he carried them off with him, I followed him till he was taken, he got about fifty yards, I did not get the handkerchiefs again, he owned he threw them under the coaches in Oxford-road, we went to look for them, but could not find them, I believe the prisoner came into the shop the Saturday night before, for a halfpenny-worth of silk, about nine; this was on the Monday, I cannot say I recollected him again when he came in, but I am sure he is the man that come in on Monday night, the halfpenny-worth of silk was found upon him, but not the handkerchiefs, I saw it found upon him, he was not out of my sight till he was taken, but the mob increasing, I could not distinguish him from the rest.

JOHN WALDO sworn.

I heard the cry of stop thief! I am a patrol, I pursued the prisoner and took him, and brought him to the shop directly, and a halfpenny-worth of white silk was found upon him.

JOHN NICHOLS sworn.

I am another patrol, I was along with the last witness, I assisted to take the prisoner; we wear white coats, in Marybon, and a great many people said, you should not be taken by them white angels, they call us white angels on account of our coats; I searched the prisoner and a halfpenny-worth of white silk was found upon him; I heard the prisoner desire the gentleman, from whom he stole the handkerchiefs, to be favourable to him, and he would tell me where he flung them, he said, he flung them under the first stand of coaches, they went to endeavour to find them, and took the lanthorn, and could not find them, he had so many confederates after him; I suppose there were above a hundred people after him.

Did they appear to be friends or enemies? - Some of them seemed to be great enemies.

PRISONER's DEFENCE.

My mother has got a large family of children, and I wanted some bread, and my father has but one leg, and I took the things for bread; the family were all crying for want of bread, and my father was very ill at the time.

GUILTY, Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17860222-16

207. ANN GALLOWAY was indicted for feloniously stealing, on the 15th day of February last, one woman's black callimanco petticoat, value 13 s. the property of Ralph Steel , privily in his shop .

- TUCKLER sworn.

I am shopman to Mr. Steele, the prosecutor, he is a mercer in the parish of St. Ann, Soho , the prisoner came to my master's shop, the 15th of February, about five in the evening, and asked to look at some childrens great coats, she said she kept a shop in Monmouth-street, and wanted some to sell again, I shewed her several, at last she pitched on one, and agreed for price, and paid me five shillings and sixpence for it, then she looked at some other great coats, I shewed her several of them, and the parcel she bought, she had before her, she had a large cloak on, and I thought she had something made the cloak stick out rather more than common behind, I then went past her and laid my hand on her cloak, and I felt something as I thought, like a stuff petticoat, I then went and shut the door, and put a little bolt on it, and came back, and asked her to try on one of the great coats, I told her, I was sure they would fit her, she

hesitated some time, at last I insisted upon her trying one on, and pulling off her cloak, and as she pulled off her cloak, the petticoat I have here fell from under her arm; I had shewed this petticoat to another customer, not five minutes before the prisoner came in, it lay on the counter; and before I pulled off the cloak, I looked on the ground, to see if there was nothing upon the ground, and there was not; after the coat dropped from her, I took it up, and charged her with it, she was taken in- into custody, and she began abusing me very much.

Did you see her take it off the counter? - No, I did not, I never saw her take it till I saw it stick out behind.

What value is it? - It is valued at thirteen shillings, but it is worth more money than that.

Prisoner. There were two other people in the shop.

Court. Is that so? - Yes, there were some people at some distance.

Did any of these persons observe her take the petticoat, and put it under her cloak? - No, my Lord, they did not.

Had you ever seen this woman in the shop before? - Yes, she had been a customer many times.

Did you know where she lived? - She told me she kept a shop in Monmouth-street, but I found she had left that ever since Christmas, she did keep a shop in the ready made line.

Jury. Is that the coat upon the child she has with her? - I believe it may, it is the same colour.

PRISONER's DEFENCE.

I went into Mr. Steel's shop to buy this little coat, I did not say I lived in Monmouth-street then, but he knew I had lived there; he asked me six shillings and sixpence for the coat, I gave him five shillings and sixpence for it, he lifted it up, and put it under my arm, and I told him, that I wanted one of a dark colour; he went up stairs and fetched one, and asked me to try it on, I told him, I did not like the colour nor the buttons, he offered to change the buttons, I took off my cloak, and he fitted on the great coat, I told him it was too tight, he wished me to have it, and he went behind me, and said, it fitted me very well, and he picked up a petticoat, the young man had been there wrapping up some petticoats, and he said, I dare say you have had this petticoat under your cloak.

Court. Is the account she gives true? - Some part of it is; about fitting on the coat.

Court. Did the petticoat drop down when she first pulled off her cloak? - Yes.

Court. It is very extraordinary if you thought she had been guilty of a felony in stealing this, that you did not proceed to charge her? - I hesitated with myself, whether I should let her go off quietly, as she had been a customer before; and then I thought to let her go, when I had got her, as we had lost so many things, was not right.

Court. Might not it have been brushed off the counter? - No, it could not.

Could not she have taken it up by mistake? - I am confident it was a petticoat she had under her arm by the feel.

Jury. Was she willing to pull off her cloak, or did she hesitate? - No, she hesitated; she said, she would bring a lady to suit herself, but when I went past her, I felt through her cloak, and it felt like a stuff petticoat, it was not half a moment before I charged her with the petticoat.

Jury. Did you charge her with the petticoat, before you tried the great coat, or afterwards? - Afterwards.

NOT GUILTY .

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

Reference Number: t17860222-17

208. PATRICK RIDLEY was indicted for feloniously stealing, on the 17th day of February , one linen sheet, value 1 s. one towel, value 2 d. two check aprons, value 1 s. two aprons, value 2 s. one gown,

value 4 s. one waistcoat, value 18 d. two pair of cotton stockings, value 2 s. two linen table cloths, value 6 d. three pair of stockings, value 3 s. the property of Sarah Turner .

SARAH TURNER sworn.

I live in Queen-street, Lincoln's-Inn-fields , I lost the things mentioned in the indictment, on the 17th of this month; I am servant to a gentleman, these things were taken from the house, I know the things, they have no mark on them.

Mr. Garrow. I believe they are your master's property? - The five aprons are mine, and a gown, and twelve pair of stockings, the rest were my master's, which were in my care; there was a cry of stop thief! I was in the kitchen, I did not go up stairs directly, but before I got up stairs the shop door was opened, and the things were put in; I know nothing of the prisoner.

JOHN DOW sworn.

Last Friday night, about a quarter or twenty minutes after eight, I was sitting in my own parlour, I live in Little Queen-street, I went to the door, being informed by my son, and in three minutes I saw a man looking very earnestly up at the one pair of stairs window, and presently a bundle came out, he opened his hands, and received it in this manner; I hallooed out stop thief! he dropped the bundle, and ran away; I went across the way, and there was some clothes laying upon the payment, a sheet, a towel, and a checque apron while I was picking them up, the prisoner jumped out of the one pair of stairs window, I went to lay hold of him, but he got away from me, I got up Great Catherine-street, I followed him, and cried stop thief, and I saw a man a little way before me cross the way with a lanthorn in his hand, and he laid hold of him, I never lost sight of him, this is the same person that jumped out of the window, that was taken by the other man, I went with him directly to Justice Walker's, he was searched, and there was so d upon him, a knife, and two penny-worth of halfpence, no linen nor any thing else, he said, before the Justice, that he was coming along the street, and saw a man in a white coat running down the street, and he run after the man.

THOMAS WELCH sworn.

I am a watchman, I saw the prisoner in Great Queen-street, last Friday, he was running away, and the last witness cried stop thief! and I stopped him.

Was there any body running before the prisoner, that he was in pursuit of, or was he running away? - No, there was nobody before him, I took him before the Justice, I am sure the prisoner is the person I stopped.

PRISONER's DEFENCE.

I drank tea with my mother, about half after six, and going to my master's for a last, I heard the cry of stop thief! there were a hundred and fifty people running, I was running up Queen-street, and the watchman stopped me.

Court to Welch. Was there these people running which he says? - There were a good many people after him, I did not see any body before him.

The prisoner called his master and four more witnesses, who all gave him a very good character.

GUILTY .

Transported for seven years .

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

Reference Number: t17860222-18

209. THOMAS FREEMAN and JOSEPH DYER were indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Broughton , about the hour of six in the night, on the 24th day January last, and burglariously stealing therein, three silk handkerchiefs,

value 6 s. one cotton handkerchief, value 12 d. and one worked muslin apron, value 12 d. his property .

The witnesses examined apart at the request of the prisoners.

ROBERT BROUGHTON sworn.

On the 24th of January last, between six and seven, the window of my shop was broke open, at that alarm I run out of doors, I keep a chandler's shop and pawnbrokers ; I ran out and found some things had dropped from the window, and others stolen out; the prisoners were apprehended in a few minutes afterwards, these are the things which were taken away from my house, which had dropped about fifteen or twenty yards near my house; Joseph Tyson took them up, these are my things, they have sufficient marks for me to swear to them; here are tickets on two or three of them, that I can swear to, I know the marks, they are my wife's writing, they were put into the window for sale, and I knew the people they belonged to.

JOSEPH TYSON sworn.

On the 24th of January last, in the evening, coming home past the prosecutor's house, I heard a glass give a smash, and I saw the two prisoners at the window, there was no one else near it, I was about six yards from them when they dropped the property; there were handkerchiefs, and some aprons, one or two, I picked them up in a hurry, the handkerchiefs were either sewed together or pinned together, but the apron was separate from the others; these are part of the things that I picked up, but whether they are the whole I cannot tell, I am sure they are the same that I picked up, I delivered them to the prosecutor directly; stooping to pick the things up, I lost sight of the prisoners, and in the course of ten minutes or less, I saw them again, a woman apprehended them.

Had you any knowledge of the prisoners before this time? - No; I did not cry stop thief! there was a woman before them, she clapped hold of the youngest of them, and called out for the prosecutor, the prisoners never offered to stir, they said, they were going to the White Raven, to get a pint of beer; I will venture to swear they are both the people that broke the window; there was light from the window and the lamp, and they were under it.

Prisoner. This man said, he was twenty yards off me, and he said, I was the most likely person.

Tyson. I hear what he says, but it is very false, there was no other person but the woman.

What time was it? - Soon after six.

SARAH BYLE sworn.

I saw two or three people standing by the prosecutor's window on this night, and when I had gone five or six yards, the window was broke; the people that were under the window run away, I apprehended one of the prisoners.

Do you know that either of the prisoners were either of these persons that broke the window, or were either of them stopped by you? - Yes, I take them to be the same people, I once before saw Joseph Dyer , and as to Thomas Freeman , I have known him above ten years; I am sure he was one of the persons that was under the window.

Did you take notice of the person of Dyer at this time that you stopped him? - Yes, it might be ten minutes past six, when the window was broke.

When you stopped Dyer, did you make such observations on his person, that you can positively swear he is the person you saw at the window? - I cannot positively swear he is the same person, I can say he is the same person I took hold of; I saw the prisoner Freeman at the window ten minutes before the robbery was done, and I saw the window broke, and I am positive Freeman was there at the time, and another, if not two with him.

Prisoner Freeman. Before the Justice, that woman said, she could not swear to me.

Mrs. Byle. I would not have wished to have been brought here, but I told Mr. Staples that he was the man, and I believed Dyer to be the other.

PRISONER FREEMAN'S DEFENCE.

I was going to look after my father, and this woman came after me, and said, I was a likely person to do it, and they took this prisoner and me, and the man could not swear to me the first time.

THOMAS JENKINSON sworn.

I have known Freeman ten years, and have always known him to be an honest lad, I live in Long-alley, Moor-fields.

PRISONER DYER'S DEFENCE.

My mother is very bad, and my master is taken to the King's Bench, and he cannot be here.

Court to Byle. Was there any body before the Justice?

Prisoner Freeman. When I was taken, this gentlewoman said, she took us, because she saw us looking on the ground.

Byle. They were both there, and another person in their company.

BOTH GUILTY , Death .

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

Reference Number: t17860222-19

210. CORNELIUS CRONE was indicted for burglariously and feloniously breaking and entering the dwelling house of Elizabeth Bell , about the hour of three in the night, on the 13th day of February , and burglariously stealing therein, one hundred and fifty pounds weight of lead, value 20 s. the property of Joseph Kirkman .

THOMAS BELL sworn.

I am grandson to the prosecutrix, she is a single woman, she lived in High-street, St. Giles's , she rents a house; it was broke open on the 13th of January, about ten we went to bed, about six in the evening I saw the house was safe, it was the window of the ground floor that was broke open, it had been a shop, but was shut up at this time; it was in the front of the house, I looked at that window about six in the evening, it was shut, and a parcel of rubbish laid against it.

How is it fastened? - I believe it had been nailed sometime before, but I did not examine it to see whether it was nailed that evening, it had been nailed for four or five nights, it was usually kept bolted.

Was there any shutter to it? - Yes, outside shutters.

Nailed? - There was a bolt withinside to the shutters, I believe it was not fastened on account that they could not get into the room, at six o'clock, I did not examine whether the nail was in, but as I passed it, I saw there was a great deal of rubbish lay on the outside of the window, and the window shutters were both close, but whether nailed or not, I cannot say.

Did you observe at all after six till you went to bed? - Not to my knowledge; the next morning I was called up about seven, and informed of the robbery, I went to look at the window, and I saw the window broke open, it appeared that the bottom part of the shutter was wrenched open, and the top and bottom of the shutters were broken, and the sash was lifted up; I did not see that the window was broke.

Was any other part of the house broke? - Not that I saw.

Was any thing taken out of the house? - Not that I know of, I know nothing more of the matter.

Jury. Do you sleep in the same house? - Yes.

JOHN ABRAHAMS sworn.

I live at No. 24, Tottenham-street, I saw the shutters nailed about a week before the robbery was committed, on Monday the 13th of February; I ordered the workmen to lay a quantity of rubbish against the shutters, and when I left the building, which was about five, the shutters were quite secure; and when I came in the morning, the rubbish was removed, and the windows open, and the lead gone.

Was it necessary to remove the rubbish in order to open the shutters? - We could not get the shutter open before, that room

had been locked up for a week, but not the rest of the house.

WILLIAM TOMKINSON sworn.

On Tuesday morning, when I came to work, about half past six, I found a quantity of lead lay in the yard, and the shutter was broke open, and the bottom sash lifted up; there was half a hundred weight of lead, the lead was the property of Mr. Kirkman, it was left in the house, it was put in the parlour; and I looked in the morning, and found the lead, some of it was gone away, and some little remained, I did not take notice how much.

What quantity of lead was there in the whole that you took off Mr. Kirkman's house? - That I cannot say.

Did you try the lead with Mr. Kirkman's house, to see whether it fitted or not? - No.

DANIEL BURBRIDGE sworn.

I cut this lead into five several pieces myself, and carried them into the front parlour of Elizabeth Bell , and that piece which is here now, I know to be the same lead that came off Mr. Kirkman's building, I know it by the short piece that is here; (produced) and here is a place I cut with my hatchet.

JAMES GUNNING sworn.

On the 14th of this month, I saw the prisoner going with this lead on his back, I saw him going from the fence of the house when he took the lead, I pursued him and took him with the lead to the watch-house.

JOHN GARDENER sworn.

I was passing through St. Giles's, the 14th of this month, about three in the morning, and I heard the fence crack in the boards, and I made up towards; and saw the prisoner going off with the quantity of lead upon his back, I pursued him, and he threw away the lead, and I took him about fifty yards from Mr. Bell's house.

GEORGE MIDDLETON sworn.

On the 14th of this month, about three in the morning, my partner, the last witness, and I were walking in St. Giles's, I am a patrol, and we heard the cracking of boards, and we made up to a fence, by Mrs. Bell's house; I saw the prisoner with a load on his back, and we followed him up to his lodgings, he was about fifty yards from the fence when we first saw him, he never was out of our sight, we asked him no questions.

WILLIAM DAYSELL sworn.

I am a watchman, just above where the robbery was committed, I heard the beat of the witness Gunning's rattle, I took charge of the prisoner, and as soon as the other men were out of sight, the prisoner began to wrestle with me, and I took him to the watch-house, and they brought the lead after; and going along, he said, did you see me with the lead upon my back; I said, no; he said, if you do not let me go, I will have both your ears off before Saturday night in you box; and at Middle-row, he again attempted to kick up my heels.

Prisoner. I know nothing of the lead.

Court. Have you any witnesses? - Yes, I have witnesses, but I have not them here now.

Court to Bell. Do you know this man? - No, I sleep upon the ground floor, that was the same that this lead was in, and between this room where I slept, and the room where this lead was, there is a kitchen.

GUILTY , Death .

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

Reference Number: t17860222-20

211. HENRY THOMPSON and THOMAS HARRIS were indicted for burglariously and feloniously breaking and entering the dwelling house of Isabella Chapman , about the hour of three in the night, on the 5th day of February , and burglariously stealing therein, thirteen pewter

dishes, value 15 s. twenty-six pewter plates, value 20 s. one fish pewter plate, value 1 s. one pewter cullender, value 1 s. one satin cloak, value 20 s. three silver tea spoons, value 5 s. one table cloth, value 6 d. three aprons, value 1 s. one pair of shoes, value 3 s. two sixpences, value 1 s. forty-six halfpence, value 1 s. 11 d . fourteen China bowls, value 40 s. and a piece of lead, value 1 d. her property .

ISABELLA CHAPMAN sworn.

I live in Union-court, Holborn-hill ; I keep the Angel public house , my house was broke open, on Sunday morning, the 5th of February, I was in bed at one o'clock, and at two I heard the watch-man, my family were all in bed, I go up generally the last, my house was very secure, and the watchman called me when he came at four o'clock, my cellar door was broke open, and my street door was broke open, on the inside, they got into the parlour, and wrenched the lock off the door of the stair-case; I lost the things mentioned in the indictment and the value therein, I left four sixpences in the till for change, with about one and eleven-pence in halfpence, the China bowls were taken down all ready to take away, they were carried from the bar into the kitchen, the pewter was carried away; the pewter was found in a ruination place, in George-court, between Union-court and Field-lane, covered with dirt, between eleven and twelve on the Sunday morning; my cloak was put in a bag, and my aprons and shoes, but they did not take them, because they were disturbed, the prisoners were taken a little after four in the morning, in the next yard.

Did you know any thing of the prisoners before? - Yes, I have seen them several times.

Were they customers to your house? - Casually, they came in now and then.

Mr. Knowles, Counsel for Prisoner Harris, Then in fact nothing was taken out of the house but the pewter? - No.

Where does this court that you live in, lead down to? - It leads into Hatton-garden.

Does not it communicate with Field-lane? - I suppose you know as well as I do.

Does not the court where you live communicate with Field-lane? - I told you it carries you down between Union-court and Field-lane.

Then all the customers of your house are the gentlemen about Field-lane? - No, Sir, I do not know any thing of them.

What do you know of, Mr. Philip Bristow ? - I know him, his father and mother lived in Union-court.

Has not he been very intimate in your house? - No, he has a house of his own.

Has not he been the most intimate friend you have had these seven years? - No, Sir, he has not, if I had no better friend than him, I should have none.

I have not done with you yet? - But I have done with you then.

Do you know Harris? - Yes.

Did not you once charge him with robbing you? - No, Sir, I did not, I cleared Harris from that when the constable came.

Had he not first of all been committed on your charge? - No, he had not, I gave no charge of him.

Did you never give charge of him to Justice Blackborrow? - I was never before Justice Blackborrow.

Not for a silver tankard? - No, I did not give charge of him.

Prisoner Harris. I can prove it.

Was not he committed on your charge? - No, I did not charge him with a silver tankard, it was one drunken Tom they call him.

Did not you first charge him with it, and afterwards declare that you knew that he did not know of it? - I will not answer you any more.

Court. You must answer him.

Mr. Knowles. Did not you first of all charge this man with the robbery, and afterwards say he knew nothing of it? - Does Bob Pearce put that in his head.

That matter was agreeably settled, was

not it? - Nobody was tried for this robbery, he was in the club room, you may catch me, if you please.

They were taken in the next yard? - They got over the tyles, into the next yard.

Did you see them get over? - No.

Was that place where the prisoners were found in, the way from your house to the ruinous place where the pewter was found in, or was it not? - No, it was not.

JANE HUDSON sworn.

I live in the prosecutrix's house, I am a servant there.

What time did you go to bed that night? - A little after twelve, I heard the watchman call between three and four, and he alarmed us that the house was broke open, I came down immediately.

What condition did you find the house in? - The bar was stripped of all the bowls, the cellar door was broke open, the lock broke, and the street door was open, not broke that I know of.

What was missing? - All the pewter was gone out of the house, I have lived in this house five years, there were fifteen pewter dishes taken away, and a fish plate, a pewter cullender; I found the cloak, and the bag on the kitchen floor, there were a pair of new shoes, and three coloured aprons, these bowls were in the closet on the over night, and the aprons and shoes in a drawer, the chiset door was locked, and the key was in it; the pewter was found the same day, in some ruins, covered with some line; the prisoners were taken within two minutes after I came down stairs, I stood at the door while the watchman took the first, they were taken the very next yard to us.

Mr. Garrow. How long have you lived in this family? - Five years.

A public house, a pretty notorious one, I believe it is? - No, Sir.

You deny that? - She keeps a very regular house.

Perhaps, regularly irregular? - No, Sir, we shut up the house at eleven.

Your mistress has been a little unlucky, she has been robbed before? - Yes.

She lost a silver tankard? - Yes.

How long ago was that? - The day after Christmas-day.

What was the value of that tankard? - I do not know, it was a full quart tankard.

Your mistress went to the Justice's? - No, Sir, but a person who was in the house at that time took the man.

What man? - Mr. Ramus.

Was it six or seven guineas that Mr. Ramus gave your mistress? - He did not give any thing at all.

Do you mean to swear that? - I did not see him give any thing, I will take my oath, my mistress never told me so.

Upon your oath, do not you know by some means or other, that your mistress received six guineas upon that occasion? - I heard say so, but I did not see it.

Now I ask you again, did not you hear your mistress say it? - Yes, I did.

Court. This moment you said, you did not hear her say so? - Ramus was not taken up for it, it was one Thomas, I cannot recollect the man's name, it was one Thomas Walker ; Ramus was the man that took him into custody, Ramus was in company.

Court. You admit you did hear your mistress say she had six guineas to make it up? - Yes.

The man was discharged in consequence? - Yes.

Court. That was very bad behaviour in the woman, but the Jury will judge of her credit, it is no reason because she was robbed once, that she should be robbed every day.

EDWARD MASON sworn.

I am a lodger of Mrs. Chapman's, about four in the morning, on the 5th of this month, I was awaked by the watchman knocking and calling Mrs. Chapman up, I thought something was the matter, and I bid the servant girl get up, she got up, and going by my room door, she desired me to come down, she said she was afraid something was the matter; I got up, and come

down with my coat on, and her cry when I was half way down stairs, was that she was robbed; with that I came down, and as soon as I came into the tap-room, I laid hold of the poker, I said, if any body is here, let us see who they are; the watchman was there, and he and me went to the door to go into the next yard, there was another watchman waiting, and they opened a door, and went into the next adjoining yard; while I stood within the passage, with the poker in my hand, I heard one of the watchmen say, here we have got him; they returned with the prisoner Thompson, I knew him directly, and says I, Harry, what in the name of God are you doing here; they brought him into the tap-room, and they left our watchman Ware with him, and me and the other watchman went out again into the same yard, and found the other prisoner Harris in the necessary; the prisoners are the men, Harris was sitting in the necessary pretending to be asleep, we brought him into the tap-room to the other, and with that I left the two watchmen with the two prisoners, and I went up stairs to put on my clothes, and when I returned they were gone with them to the watch-house, and a neighbour came in, and we searched round, and could not find the pewter; I found the cellar door broke open, and the lock wrenched off, it was hanging on one of the nails; as I was going down the steps, I saw the little window out that goes out of the yard, into the cellar, about eight or nine inches wide, that was knocked out; I went into the cellar, and looked round with a candle, I could find no property there, but the lamp was lighted, and was burning on the side of one of the buts, the tyling of the yard was all broke, and some garden pots with a few trees in them were all knocked down, four or five of them, and the sky-light was broke, and I saw the print of the fore part of a man's foot, all mud and dirt just fresh done, as if he had been getting out of one yard into another; and one Basset a constable found the pewter, I saw a cloak, three aprons, and a pair of new shoes in a bag on the kitchen floor, which Mrs. Chapman claimed.

Mr. Garrow. How long have you lodged in this house of Mrs. Chapman? - Four years come April.

You found Harris in the necessary in the next yard? - Yes.

He appeared to be asleep? - He pretended to be asleep.

Did you find any other of the property? - No.

Did you examine that necessary to see if you could find any thing? - No.

Did you find any tools or implements of house breaking? - No.

The property that was found, was found in a different direction, instead of being found on the side of the house where Harris was found, it was on the other side? - Yes.

Court. How far was the place where the pewter was found, from Mrs. Chapman's house? - About sixty, eighty, or a hundred yards, it is but a little way.

Was it as far as to the wall of Newgate? - I cannot tell for certain, it is I suppose above a hundred yards, as high as I can tell, it is a contrary way where they were found, it is going out of the house, and turns up a court to a dunghill, there was nothing found on the prisoner.

RICHARD WARE sworn.

I am a watchman in Union-court, I called up the prosecutrix at four o'clock, and found the cellar window open, I perceived a light between the shutters, I hit against the street door, and it was open; I took the prisoner Thompson in the next adjoining yard, one M'Leard, a city watchman, was with me, and Mason was standing at the door of the next house: I brought Thompson into the tap-room, and took care of him while the other two went back; they returned in the space of two or three minutes, they brought with them Thomas Harris , the other prisoner; there are only same deal boards between Chapman's yard and the adjoining yard, where we took them, I did not observe any thing particular

about the partition; I observed where they got over, which is a tyling about seven feet high, there are some garden pots and a bit of a sky-light, and when I alarmed the people of the house I heard the pots fall and the sky-light break; we went to the next house, and the door was on the latch; I knew the house, and the woman that keeps the house has lodgers, it is hardly ever fastened, and we listed up the latch and went in, and I went to the yard door, but I am not positive whether it was bolted or not; I found Thompson in that yard, that yard might be two yards wide and three yards long, it is a very small yard; Mr. Beswick found the pewter, I was not present.

THOMAS M'LEARD sworn.

I am a city watchman, I was present at taking Thompson, the other watchman, Mason, was at the taking the other, with me, he was not with us when we went into that yard first; only the watchman and me; Thompson was standing in the yard when we came in, we saw no other at that time; we took him into the tap-room, and left the other watchman with him; then Mason and me went into the yard again, and looked into the necessary, the door of the necessary was not fast, and there we found the prisoner Harris pretending to be asleep; we took him into the tap-room, and I went into the yard belonging to the prosecutrix, after they were taken to the watch-house, and I saw the garden pots taken down, and the skylight broke.

Where were these garden pots? - They were at the top of the pent-house, between the two yards.

Did you observe any thing else there about this pent-house or sky-light? - No, Sir, we went away to the watch-house with them; I was not present when the pewter was found.

MARY LUDLOW sworn.

I live a No. 12, in Union-court, next door to the prosecutrix: the 5th day of February, being Sunday morning, about the hour of four, I heard a noise like the falling of tiles; I listened a little, thinking it was a fire; I looked through the glass of the casement, and I saw the pots that were on a ridge between the two sheds, with shrubs and trees in them, were down, and I heard the breaking of glass, and the tiles ratiled about, and I said, for God's sake who are you, or what are you; I saw a man come over the tiles feet foremost, and he came down all of a lump, I saw his legs come over the pent-house sliding, and I said, for God's sake where is the fire; the man did not answer me, and I thought he was killed: I run then to the fore window, and he fell all of a lump into my yard, mine is the next yard that joins to Mrs. Chapman's, and I run to the fore window, and knocked as hard as I could; I heard somebody call watch, watch, and I thought they said Scott, Scott, which is the master of the engine, and two watchmen came, and I said, for God's sake break open my door, for I cannot find the key, (I have been buret out twice before) they opened the door and came in; the watch said, it is not fire, it is thieves; then said I, there is a man come over the tiles into my yard; then says the watchman, we have got him, but I did not see him take the first man; the watchman came in at my fore door.

How did they get into the yard? - One of them unbolted the back door; I took the box iron and opened the casement; says I, pray give me a light, for it appears to me, by the great noise of the garden pots, and the tiles falling, that there must be more than one, and he said there is nobody here, and I slipped on my under petticoat, and went to the door, and said, have you looked on the tiles; no, says he; says I, have you looked in he necessary, and he said no, and he opened the door of the necessary, and there sat that young man, Harris, I saw him there.

Was the necessary house shut when you came down? - I was in the yard some minutes before twelve, and I looked round, and there was neither man nor mortal there; I then went into Mrs. Chapman's house,

and said there is another, give the watchman some help, and Mason took the poker, and came in and said, it is Tom Harris ; by G - d.

Mr. Garrow. What is your name? - Mary Ludlow .

Is not your name Bristow? - No, Sir.

I thought you was the wife of William Bristow ? - No, Sir, he was the Earl of Bedford's groom some years since, he was a lodger of mine twenty-three years ago.

How high did you sleep on this night? - I laid on the ground floor, even with the yard.

Have you any window shutters? - No, but I nailed the window up.

Have you any lamp in that yard? - No.

What time in the morning? - About four.

A moon-light night? - Star-light.

What may be the size of this yard of your's? - From the pales I think it is not above a yard from the window.

How far is it from George-alley? - One window out of George-alley comes into my yard; I have seen the dunghill.

How far is it from your house? - I think it is not so far as the length of this Court to Newgate; George-alley communicates with Field-lane, it is a neighbourhood for poor families to live in, there are but three families in our house, very regular and decent people.

ALEXANDER SCOTT sworn.

About four in the morning of this month I heard a cry, and I thought they said Scott, but they said watch; I live about five doors from Mrs. Chapman's, I looked out of my window, and I heard the rattling of tiles, and I thought it was fire; I ran down with my pole-axe in my hand, and just as I shut my door, says they, here is the other; I ran directly to Mrs. Chapman's, and both the prisoners were in the box in the tap-room, close to the bar; I saw a case knife on the top of the table, and I thought it prudent to remove it to another box, and I stood over them with my pole-axe; then more assistance came; I went into the kitchen, and upon the floor I saw the bag, with something in it; I opened it, and put all the things in it out upon the floor in the kitchen, there was a black satin cloak, a new pair of leather shoes, a table cloth, three linen aprons, two of them new, one of them worn, and I put them into the bag again, and tied them up, and then looked into the kitchen, and there was the china bowls, the pewter was all gone off the shelf in the kitchen; Jane Hudson goes into the bar, and says, before God here is Harris's stick; this is the stick, I marked it, Mason can prove it is his stick, Mason has kept the stick ever since.

Mason. I was going to mention it, but was ordered down, I had been to the watch-house, and when I came back this stick was found.

Do you know whose stick that is? - It is the prisoner Harris's, I know it, for a few nights before this affair happened, I had this stick in my hands for high half an hour from the prisoner Harris; a person came to speak to him, and I was in the same box sitting where he was, and the stick fell, and I took it up, and went and examined it very much, and another man that was in company with me asked me what wood it was, and we agreed it was ash; and if this stick was amongst a thousand, I could swear to this stick, that was at the same house the robbery was committed.

Was you present when Harris was taken out of the necessary house? - Yes.

Had he any stick in his possession then? - He had none when he was taken, nor when he was brought to the tap-room.

Scott. The maid brought it out of the bar.

To Mason. What did you do with the stick when you had it half an hour? - Harris asked me for it, and I returned it to him.

Did he leave it in the tap-room that night? - He went away soon afterwards.

And did he carry the stick with him? - To the best of my knowledge he did; I

examined it very particularly, not thinking any thing of the kind would happen.

Have you any imagination that he left the stick behind him that night? - No.

Prosecutrix. This stick was found behind the street door; I fastened the street door over night, and there was neither stick, nor any thing else, behind the door at that time.

Jane Hudson . I found the stick behind the street door, and I gave it to my mistress in the bar, it was just after they went out to the watch-house; I went to shut the street door, and I hit it with my foot; my mistress said, this is Harris's stick, the maid has found it behind the door; my mistress said, I saw it in Harris's hand.

Had you had occasion to go out at that street door? - No, Sir, we went up stairs to bed immediately, and Mr. Mason.

Had you seen that stick behind the door that day? - No, Sir, I had not, it was not there when I went to bed; I looked to see if Mr. Mason had fastened the door, and there was nothing behind the door at all; I have seen him have a stick in his hand before, but I did not take any notice of it.

Mr. Garrow. Are you sure you did not say to Scott, before God, here is Harris's stick? - I might say so; I said to Mr. Scott, I have found a stick, and it is Harris's, I believe; when he came back from the watch-house I said so, I did not say so when I first found it.

Upon your oath, did you say any thing to Scott about it, or did your mistress say so? - My mistress spoke first, and I spoke afterwards.

Court to Prosecutrix. Look at that stick; did you ever take notice of the stick? - It is Thomas Harris 's stick.

One stick is exceeding like another; what induces you to say that is Thomas Harris 's stick? - The girl went to shut the door, says she, Madam, here is a stick, she brought it in, says I, this is Tom Harris 's stick.

Why did you say so? - Because I saw it so often in his hand, I have had it in my hand when I have dressed him a bit of stake.

Did you ever take any particular notice of that stick, to be able to swear to it again? - Yes, that is the stick.

Mr. Garrow. You stick to that, that it is the stick? - Yes, Sir.

Yours is a very well accustomed house? - It is.

You have a good many customers? - No, I have neighbours share, I do not serve any body in Field-lane.

How many persons might come into your house with sticks? - I do not know, I never minded any.

Now give us some reason why you minded Mr. Harris's in particular? - Mr. Harris brought a piece of beef on Wednesday night, and desired I would dress it for him, he came the next morning, it was a bit of brisket beef; I said, what are you going to do with that, it is not fit to broil, and I proposed to make some soup of it.

But how come you to take notice of that common ash stick? - Because I have had it in my hand, and I moved it when I went to lay the cloth for him.

Are there not a hundred such? - Yes, thousands.

Did you cut your name in it? - What should I for.

What do you say about the tankard, did you hear what she said about the six guineas? - Yes.

Is that false or true? - It is not false.

Court. You have no right to make her accuse herself.

THOMAS BESSETT sworn.

I have found this pewter in a ruinous place, the 5th of this month, which was Sunday, between twelve and one, as near as I can recollect; I imagine it may be forty yards, as near as I can guess, from Mrs. Chapman's house, there was some rubbish lately thrown over it.

(The pewter produced and deposed to.)

PRISONER THOMPSON'S DEFENCE.

As I was coming along, I heard the

watchman call out watch! and then afterwards thieves! I run into this passage with the watchman, I got ahead first, and the watchman laid hold of me, and he took me into the prosecutrix's house.

PRISONER HARRIS'S DEFENCE.

As I was coming to Mrs. Chapman's, I believe it was about one, I cannot particularly tell; I was rather disguised in liquor, I wanted to go into the yard, I lifted up the latch, I knew this house, I went to the necessary, and there I fell asleep.

The prisoner Thompson called two witnesses to his character.

BOTH GUILTY , Death .

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

Reference Number: t17860222-21

212. WILLIAM HOUGHTON and THOMAS HORTON were indicted for burglariously and feloniously breaking and entering the dwelling-house of Mary Humfries about the hour of two in the night, on the 15th day of January last, with intent her goods and chattels, in the said dwelling-house then being, feloniously and burglariously to steal .

GEORGE LAW sworn.

I live with Mrs. Humfries, a baker , in Bambridge-street, St. Giles's ; on the 15th of January her house was broke open, about half past two on Sunday morning we were alarmed by the watchman, we got up and let the watchman in, and he came in and found two men in the shop, I never saw them before, the prisoners are the men, they never got away from us.

Was any part of the house broke? - The bake-house door was broke, and I do not know whether it was fastened up over night or not; when I saw it, the bottom was broke a piece off, this is the piece, I do not know how they got in, the door was wrenched open, and this piece was wrenched off.

MARY HUMFRIES sworn.

I keep a baker's shop in Bambridge-street, St. Giles's; I have two parlours even with the shop, I sleep in the back parlour; about half past two, on the 15th of January, I was alarmed by the watchmen and rattles in the shop, I called to my man, and came out of the back parlour, I missed nothing but two shillings and two-pence halfpenny that I left on the table on Saturday night, I looked about the parlour and found these pieces of wood that were broke off my beaufet, I saw the door and it was broke and a jar, it joins the shop, it was under the same roof as the dwelling-house.

THOMAS SERJEANT sworn.

I fastened the door about eleven at night, the night before, and locked it.

Which door was it? - The door that shuts to, I fastened the door with a lock and key, I fastened them both, I shut it down, I am sure I fastened it at that time, I tried it afterwards, and the board was shut down, I saw it the next morning and it was broke.

GEORGE THOMPSON sworn.

I am the watchman that belongs to that round, and coming along pretty close to this door, I found it broke and wrenched open, I knocked thinking some of the servants laid below, and one of the men asked who that was; I answered, the watchman; he asked what I wanted, I told him the place was broke, and the man arose and opened the shop door, while I stood at the shop door, while he was dressing himself, having no light, I put in the light, and William Houghton and Thomas Horton stood between the flower sacks and the counter; I took them both there, I search-them for fear of my life, and when I found they had no fire arms, I thought my life was my own; I sprung my rattle for assistance, we searched the house and found nothing else, only the beaufett broke, and this piece broke off; I took them both to the watch-house.

PRISONER HOUGHTON'S DEFENCE.

I was going along, coming from the Running-horse, I tumbled down the cellar, and could not get up.

PRISONER HORTON'S DEFENCE.

I have nothing to say.

Watchman. I asked them no questions, and the prisoner Houghton desired I would not use them ill.

JOHN BARLOW sworn.

I know the prisoner Houghton about eleven or twelve months, he worked with me making scowering paper, he behaved very honestly to me; he left me five or six weeks ago, he left me on the Saturday morning, and on the Sunday, I heard he was in trouble.

HARRY MOORE sworn.

I am a weaver, I have known him about three years, a sober, honest, just, and faithfull lad to me, while he worked with me, which was about sixteen months.

BOTH GUILTY , Death .

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

Reference Number: t17860222-22

213. JOHN MEARS was indicted for feloniously breaking and entering the dwelling house of Thomas Parr , about the hour of one in the afternoon, on the 17th day of January last, Elizabeth Parr , Peter Parr , and Ann Nicholas then being in the said dwelling house, and feloniously stealing therein, three pieces of gauze, containing thirty-six yards, value 3 l. his property .

THOMAS PARR sworn.

I live in Watling-street , I keep a gauze warehouse , the prisoner entered my house about one in the day, on the 17th of January; this is the parcel I lost.

(Deposes to it.)

Court. How do you know they are yours? - By the tickets.

What is the value of them? - Three pounds, I saw these gauses about ten minutes before the theft was committed, I never saw the parcel opened till now, since that time.

Mr. Peatt, Prisoner's Counsel. How many partners have you? - None.

You deal very largely in gauze? - I deal in gauzes, not very largely.

This gauze is a very common sort? - Yes, I have sold quantities of it.

Do you ever sell goods with that mark upon them, Sir? - I always send them with the marks on, and with particular tickets.

If you had seen them three pieces of gauze, in any shop twenty or thirty miles out of town, a day or two after, should you have known them from your shop mark to be the gauze you lost that particular day? - I should have known it to be my own mark, I should have known it to have been gauze that was in my shop at that time.

There are other gauzes of that sort? - I do not know that I should have known it unless the tickets were on.

Now from the probability of knowing these figures, can you take upon you to swear they are yours? - I think I could, I can swear to the hand writing of my young man who made these figures.

Can you take upon you safely to swear that you would know the figures of your clerk in distinction to others? - I could be pretty sure, I do not know I could swear to it.

Court. Have you any doubt about it? - None in the least.

Is the mark the same as your shop mark? - The figures are the same, here is one of my own figures, I could not be sure it was my gauze, unconnected with this story.

Or that it was gauze that was in your shop, at that particular moment that you describe? - No, I could not.

Court. If you had seen these figures at any other particular place, should you have known them to be yours? - I should.

Then having your figures to your gauze should you have any doubt but they were your own? - No.

PETER PARR sworn.

I live in Thomas Parr 's house, being up stairs, I heard the garret door open, and I saw through the glass door, the prisoner running out, I pursued him, and at the corner of Bread-street, I saw him tying the parcel round his coat, he struggled and tore his coat, he was brought back to the warehouse, he fell down on his knees, and confessed he did it.

What became of the parcel? - I took the parcel, he delivered it up to me, I found it upon him, I carried it home to the warehouse; this is the parcel.

Do you know whether the door was shut or open? - It was shut, I am sure of it, for the bell does not ring otherwise, and I heard the bell ring; the prisoner was out of my sight half a minute, I never saw the prisoner before.

Court. Do you know the figures on these gauzes? - Yes, some of them are mine, I know by the figures they are the same gauzes that were in Mr. Parr's warehouse.

Did you search in the warehouse to see if any had been taken away? - I looked before I went, and missed that parcel.

Mr. Peatt. Can you know them figures from other figures that you have made on other goods? - Yes.

Who was in the house? - Elizabeth Parr was in the house, and the maid servant Ann Nicholas .

PRISONER's DEFENCE.

I leave it to my counsel.

JOHN WORRALL sworn.

I was coming along Bread-street with my cart, when this young man took the parcel from the prisoner, and he broke loose from him, and he called out stop thief! and I followed him and took him in Cheapside, and brought him to the warehouse of Mr. Parr, and there the prisoner owned in the warehouse that he had taken a parcel out of the warehouse.

Mr. Peatt. Did you say any thing to him? - I said, if you are innocent of it, go back to the warehouse where this young man lives, I made no promises nor any body else in my hearing.

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

GUILTY , Death .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17860222-23

214. SARAH PARRY was indicted for feloniously assaulting Owen Clutton in a certain dwelling house, on the 13th day of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a silver watch, value 3 l. a steel chain, value 6 d. a seal, value 6 d. and a key, value 2 d. his property .

OWEN CLUTTON sworn.

I am a gentleman's servant , I have seen the prisoner at the bottom of Oxford-road; and on the 31st of January, I was going to see a friend, this prisoner and another met me and laid hold of me, and asked me if I would not give them something to drink, I told them I could not very well afford it, I consented to give them some porter, and I went with them to a room in Wells-yard, Bambridge-street ; I do not know the name of the person that keeps the house, it was a private house, I staid there till it was too late for me to go home, and the prisoner told me, I was welcome to stay there all night, so I thought as I was too late, I might as well stay and take a nights lodging, the other woman stopped and drank part of two pots of porter; they were whispering and then she went away, and we went to bed, and had not been in bed above half an hour, I had not been in sleep when there came back the same woman and two men, and the prisoner jumped out of bed and let them all three into the room.

Was you awake then? - Yes.

You felt yourself in a very perilous situation? - Yes, one of the men when he came in, came and laid hold of my shirt collar, and threatened my life, if I did not get off the bed, and go about my business.

What did you do? - He pulled me up from the bolster, and in the mean time my breeches were gone from under my head; and soon as I arose from the bed, I went to feel for my breeches and they were gone, I had my watch in my pocket, and a couple of shillings; it was a silver watch, I am sure I had that when I came into the room, I put it into my waistcoat pocket, I found all the rest of my clothes, but not my breeches, I went down stairs, and when I came up stairs again, this prisoner and the other woman were in the room, and I could not find my breeches, and I begged of them to get a light that I might find them: I had searched about, but when the light came I found them, and put them on. and was going down stairs to leave the place, I gave them very good words, and the prisoner pulled hold of me by the arm, and called the two men up stairs to come and search me, because I had said before, I had lost my watch and my money, thinking it was in my breeches pocket, and forgetting I had put it into my waistcoat pocket; when she had hold of me, she called in the other two men, and one of them came in, and swore a great oath, and said he would pull my bloody life out, if I did not produce the watch; the prisoner had hold of me by the right arm at that time, so that I could not have the liberty of my arm, and he snatched my watch from me, that was the man that had hold of my throat, the short one that took my watch, and the other went away; the two girls had hold of me, I tried to get after the men, and I believe I broke the hinge of the door, I went to call the watch, and the women came down, and before the watch came, they both run away.

Was this house inhabited by other persons? - I do not know who was in it, I was in the one pair of stairs.

What became of your two shillings? -

That was gone at the time I lost my breeches from under my head; I found the patrols, and they came with me to the same house, by the description I gave, and we found the prisoner wrapped up in the bedclothes, with all her clothes on in the same room, I am sure it was the same woman! I never got my watch again, the woman was taken by the patrols to the watch-house and lodged there all night, and the next day carried before a Justice of Peace.

Prisoner. I was not the person that laid hold of him, I was in the room some distance behind him.

Court to Prosecutor. Had she hold of you at the time your watch was taken? - Yes, for I could not get my hand to my pocket to get it out, without some difficulty.

Prisoner. He delivered his watch out of his own hand, into the young man's hand, to see what what it was o'clock, and he went off with it.

THOMAS DALTON sworn.

I am one of the patrols of St. Giles's, I know nothing more than the apprehending of this woman, and upon her examination she begged the favour that we would search for these other people, and she gave us an account of their parties and directions, we searched for them but could not find them, William Dawson was the person that she lived with, Edward Oliver she said had the watch from him, and Sarah Oliver was the other woman.

JAMES DAY sworn.

I am a patrol, I went with the gentleman, and found the prisoner rolled up in the bed clothes, and I could find no other person.

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

Reference Number: t17860222-23

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 22d of FEBRUARY, 1786, and the following Days;

Being the THIRD 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 III. PART IV.

LONDON:

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

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 Sarah Parry .

PRISONER's DEFENCE.

That gentleman went home with me, we had two pots of beer, and two quarterns of gin; when we had been in bed about an hour, I was awaked out of my sleep, and the door was burst open, and two men and a woman came into the room, I could not tell who they were, and a light was produced in the room, then I saw who they were, and he had got his clothes on, and charged me with having his watch; he said he had lost two shillings; I insisted on his searching his pockets, and laid hold of his arm that he should search, and he took his watch out of his waistcoat pocket, and gave it to one of the young men to see what it was o'clock, and the man went off with it.

Jury to the Patrol. She gave you names that you were to make a search after? - Yes.

Did you on your enquiry find that there were people of that name? - Yes, there were.

Jury to Prosecutor. After in your fright you had declared, you had lost your watch, who gave notice then? - As soon as ever I said, I had found my watch, the prisoner said, here, here, come and help and search this man, he says, I have stole his watch; no, says I, I have it; then when the man threatened me so, I took it out of my waistcoat pocket, and he laid hold of me by the throat, and with the other hand snatched it away.

Court. Are you now in place? - I lost my place on that account.

Jury to Prosecutor. Was you quite sober when they picked you up in the street? - Yes.

Had you any gin? - There was one quartern of gin, and two pots of porter.

And you felt yourself quite sober? - Quite so, I went to the watch-house, and gave a description of the room, and the bed.

Jury to Officer. You saw the prosecutor at the watch-house, did he appear to be perfectly sober? - He seemed to be rather flurried, but by no means in liquor, he gave us a particular description of the room, a hole in the window, and the bed on the right hand.

GUILTY , Death .

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

Reference Number: t17860222-24

215. JOHN LOCKLEY was indicted for feloniously assaulting William Lindsley , on the King's highway, on the 13th day of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, twelve pair of silver watch cases, value 5 l. and one bag, value 1 d. the property of Thomas Gibband .

WILLIAM LINDSLEY sworn.

I was fifteen the second of last month, I know the nature of an oath; I saw the prisoner in St. John's-square, Clerkenwell , the 13th of January, I am an apprentice to Thomas Gibband , he is a watch-case maker , it was between five and six in the evening; I had twelve pair of silver watch-cases which I had been fetching from Goldsmith's Hall; the prisoner came behind me, and pulled me backwards, and when I was down, he struck me about half a dozen blows on my head, I am sure it was the prisoner, then he took hold of the bag where the watch cases were, and dragged me along by it about two yards, and then he d - d my eyes, and gave me a sudden blow on my side, and snatched the bag at the same time, he ran away with the bag, and I got up directly, and ran after him, and I cried out stop thief! and he ran up Badger-yard, and in the middle of that yard there are some posts, and the posts stopped him, then I got up close to him; he got up to the post, and turned round the corner not sharp, but into the road, so that I never lost sight of him; then he run up Red-lion-street, and was apprehended and stopped; Mr. Young stopped him, I saw him all the time, I came up and saw Young and him together, he had thrown the bag and watch-cases down Mr. Haines's area, the corner of Badger-yard.

Mr. Garrow, Prisoner's Counsel. This happened in St. John's-square? - Yes.

Which side of the square? - On the left hand fire from here.

There the square is open? - Yes.

What sort of weather was it? - It was a remarkable light night.

What made that? - The moon just came out.

The person came behind you? - Yes.

What part of the square did he come from? - I cannot tell that, I did not see him till I felt him.

He gave you some violent blows? - Yes.

Did not he stun you? - No, as soon as ever he got the bag, he ran away, and I got up and cried stop thief! he ran up Badger-yard, on the left hand side the square, which is more than two hundred yards where we ran to Mr. Haines's.

How many corners might you have to turn? - One, out of Badger-yard, into Red-lion-street.

You went before the Magistrate that night? - Yes.

Do not you remember swearing before the Magistrate, that you only believed that to be the man? - No, Sir, I do not; when he dragged me along the ground, I had a full view of his face, besides I never lost sight of him, the area of Mr. Haines's, is the corner of Badger-yard, it is not a twentieth part the length of this Court, not so far as from me to you; I did not see the cases found.

SAMUEL YOUNG sworn.

On the 13th of January I was going up Red-Lion-street, it was about half past five in the evening, it was a very light night, I had just passed the end of Badger-yard on the opposite side of the way, on a sudden I heard the cry of murder and stop thief, I turned round as quick as possibly I could, and I could see nobody in the street but the prisoner at the bar running from the corner of Dr. Haines's house, running on the pavement, the prisoner ran up towards the side that I was on, and by the time that he got across the way, the boy and three or four people came out of Badger-yard, and they cried out stop him, I then stood, and the man passed me, I was going to knock him down, but he passed me, I then stooped forwards

and caught hold of him, and he said let me go, and I believe he said d - n you, or something of that kind.

Did you see any other person running in the street? - My Lord it is so clear, and I believe Red-lion-street is well known in this court, I saw no man in the street, I could see from the top to the bottom, I had not been I suppose half a minute while I was struggling with him, before the boy and the other people came up, and the boy said give me my watch cases, give me my watch cases; the prisoner said nothing to my recollection, only said he had not got them, several people came round and wanted to search him, and one of the persons that came first up, that laid hold of him with me was accused of picking a gentleman's pocket, or his hand in his pocket, or something of that sort, I therefore thought I was in a situation I did not much like, and I desired they would send for a constable, and that somebody would assist me, and nobody would, I then said to the prisoner, friend as the boy says you have taken his watch cases, I will take you to the magistrate myself, I then rather exerted myself, and took him to Justice Blackborough's; when we were there they proposed to go back to the place to look for the watch cases, and while we were there a message came that they were found in Dr. Haines's entry.

THOMAS GIBBAND sworn.

The first witness is my apprentice, I am employed in the watch case branch; on the 13th of January I sent the lad at five o'clock to Goldsmith's Hall to fetch twelve pair of silver watch cases that had been there to be stamped, and before six I was informed he was robbed, I immediately went out and met the prisoner in custody of Samuel Young , I then went before Justice Blackborough, where my apprentice swore positively to the prisoner's being the man, I sent some of my men to search the areas from the parts he came from, and while we were in the Office news was brought that they were found in Dr. Haines area, I went and saw them delivered from Dr. Haines to the constable.

WILLIAM BRACKNEY sworn.

(Produces the watch cases.)

I received those from Dr. Haines, and they have been ever since in my custody marked T. G. and the stamp at Goldsmiths Hall.

( Deposed to).

PRISONER's DEFENCE.

I was going along Red-lion-street, and a man caught hold of me and said I was the person.

ROBERT ASHMORE sworn.

I live in Bridgewater-square, I am a watch-maker, I have known the prisoner five or six years in the square; my opinion is this, I always looked upon him to be an honest hard working lad, and as good a lad as ever was, I have known him these six years very nigh, ever since his master came into the quare, he worked for Mr. Ward in the square, Mr. Ward is a watch-maker, I know this, that if he had been a rogue he might have robbed me very often, he was the last person I should ever have suspected of robbing me, he might have takenmany things, he had always access to my house.

WILLIAM ELMORE sworn.

I live St. Sepulchre's parish, I am a watch case gilder, I have known him seven or eight years, a very honest industrious young man as ever I knew.

THOMAS PAYNE sworn.

I am a carpenter, I live at No. 4, Newin-street Shoreditch, I have known him ten years and upwards, his father worked with me, at that time as worthy a young fellow as ever I heard tell of, I never heard amiss of him, he might have robbed me.

THOMAS WARD sworn.

I am in the watch business, the prisoner now at the bar came to me as an errand boy, his behaviour was such I took him

apprentice, his time expired the 2d of last November, and ever since that time he has worked journeyman with me, and he was at work with me the day he was accused of that transaction, I have trusted him with a great many cases, I have had half grosses and dozens and dozens, and I never missed a case in my life, I look upon so him honest that I would take him again to day.

Court. Had you sent him that day to Goldsmith's Hall? - No, he never went of any errands for me after he was out of his time, he went to dinner about a quarter after one as near as I can tell, he loged somewhere in Holborn.

Was it the road to his lodgings to go through St. John's Square? - He might or he might not.

GUILTY , Death .

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

Tried by the London Jury before Mr. Baron PERRYN .

Reference Number: t17860222-25

216. ROBERT DAVIS was indicted for that he not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 30th of January last, at the parish of St. Paul, Shadwell , feloniously, wilfully, and of his malice aforethought, in and upon one William Watson , in the peace of God and our Lord the King then and there being, did make an assault, and that he the said Robert Davis , with a certain gun, value 5 s. loaded and charged with gunpowder and divers leaden shot, at to and against him the said William Watson , did shoot off and discharge, he the said Robert then and there well knowing the said gun to be so loaded and charged as aforesaid; and he then and there by the force of the gunpowder so discharged as afore said, him the said William upon the left breast did strike, penetrate, and wound, giving to him so as aforesaid, in and upon the left breast, one mortal wound of the breadth of the eighth part of an inch, and the depth of six inches, and one other would of the breadth of the eighth part of an inch, and of the depth of four inches, of which mortal wounds he languished till the 31st of January last, and languishing did live, and on which said 31st day of January last, he the said William Watson did die, and so the Jurors say that he feloniously, wilfully, and of his malice aforethought, him the said William Watson did kill and murder .

He was also charged on the coroner's inquisition with the said murder.

SAMUEL CLIFTON sworn.

I am a private in the Coldstream regiment of guards, I live in New Gravel-lane, I am quartered in St. Catherines.

Court. On the 30th of last month was you at the house of a Mrs. Angus? - Yes.

Does she keep a public house? - No, she keeps a private house, there are some lodgers in her house, but I do not know how many.

Where does she live? - In the middle of New Gravel-lane .

What brought you there? - I live facing there, and sometimes I go to the house.

Do you know the prisoner Mr. Davis? - Yes.

Where is his habitation? - Facing her on this side the way.

What way of life is he in? - He is a pawnbroker .

The evening of the 30th of January did you observe any thing respecting the prisoner? - On the 30th of January, I went over to Mrs. Angus's at seven in the evening to supper, I staid there till eleven; as I came down at eleven o'clock, I stopped the course of two minutes inside the house, I was going home, and I heard the report of a gun, while I was withinside the house, as soon as ever I heard the report of the gun, I went instantly to the door, I opened the door myself, and I saw the prisoner up one pair of stairs with his windows open, and a gun in his hand, and a light in his room; and I said to Mrs. Angus, the gentlewoman of the house, for God's sake!

here is Mr. Davis, he has got a gun in his hand, what he is going to do I cannot tell! and she and her sister both came to the door.

Was the deceased in the inside of the house at that time? - Yes.

Did he come to the door also? - No, he was withinside the house, and when we stood at the door, Mrs. Angus, and her sister, Mr. Davis presented the piece and pulled the trigger, he presented it strait across.

Court. Then if it had been fired at that time, it must have taken a direction over your heads? - I do not think it would have touched us.

Did the gun go off when he pulled the trigger? - It did not, he pulled the trigger twice, then he dropped the gun down on the floor by the side of him.

You being on the ground floor, and he in the one pair of stairs room, can you say what he did? - I saw him very plain, he then went to the other side of the room, and picked up another gun.

Is Mr. Davis a dealer in guns? - Not that I know on, he then went and fetched another gun, and he presented the piece at us, and it went off immediately, as we were standing at the door.

Then that gun was presented in a different direction than the first? - I cannot say it was pointed the same as the first, it was pointed straight, but it came so quick, that I could not tell whether it was a pistol or a gun.

What did you observe next? - While we stood at the door, the gentlewoman of the house was frightened, and at the same time, Mr. Thomas came up to us, and spoke to us, he is the beadle of the night, and Mrs. Angus said to him, there is nobody here but this young man, and my lodgers.

What did the beadle say? - He spoke to Mrs. Angus, and she said there is nobody here but those that belong to the house, as soon as Mr. Thomas went away, Mr. Davis fetched up the piece that he had had in his hand before, and that did not go off, and then I said to Mrs. Angus, Mr. Davis has got another piece in his hand, and before I could speak the words out of my mouth, he presented the piece, and point-it to the persons at the door.

Was that piece presented the same as the former? - It was presented in a line to me, when he presented the piece to me, it was not cocked, and while he was cocking the piece, I took one motion, a platoon exercise, to my left hand, then the gun went off, and this William Watson received the contents, he stood inside the house just behind me; while he was cocking the piece, I took a step to the left, and as soon as the piece went off, Mr. Angus's sister cried out, Davis has killed Mr. Watson, and when I turned myself to the door, the man dropped down before my face, and she cried O! you have shot my hand, the deceased lay on his back, he never spoke a word afterwards.

Did he live sometime afterwards? - He lived till a quarter past six in the morning.

Did you see any thing of the prisoner afterwards? - When I saw the man fall, I cried out to Mr. Thomas directly, I cried out murder! murder! Mr. Thomas here is murder done! Mr. Thomas came up directly.

Did you see any thing of the prisoner? - We saw the prisoner, he came over directly as soon as ever Mr. Thomas came into the house.

What was his behaviour when he came over? - When he came over into the house, he looked at the man that was shot, and he says, the poor innocent man who never did me any harm in my life time, let nothing be wanting, but says he to me, I thought it was you.

Court. Let me take those words correctly; he said, I thought the accident had happened to you? - Yes, he thought the accident had happened to me, he said, I thought it had been you, three or four times.

Then he addressed himself to you, he spoke to you? - He spoke to me.

He said several times, I thought it had been you? - Yes.

Had any quarrel subsisted between you and the prisoner at the bar, or any enmity between you? - No further than a pot of beer.

What do you mean? - We had a few words about a pot of beer.

When? - That day.

But was the quarrel of such a nature or had proceeded to such a height, that you have any reason to apprehend he sought your life? - No, Sir, I cannot say I had.

Had he mad e use of any expressions indicating malice towards you? - No, Sir, not in the least.

Then it was some trifling quarrel about a pot of beer? - Yes.

The prisoner when he came into the house and saw the unfortunate man in the situation that you have described, desired that all possible assistance might be given him? - Yes, he did, and desired that nothing might be wanted for him.

Was any body sent for, any surgeon, or any person? - Yes, there was a surgeon sent for before he came over.

That was immediately? - Immediately as it was done.

Did you see the shot? - I saw the shot in the surgeon's hand taken out of the man's heart, five shot.

What kind of shot were they? - I cannot say exactly, but I think they were No. 2.

That is a large shot? - Yes.

Did the prisoner at this time say any thing that he did not apprehend the gun was charged, or any thing by way of excuse? - No, I heard nothing of that sort, I saw no more; I staid there till a quarter past six, and I saw the man die.

What were your apprehensions of his death, that it was that shot? - There was a shot went in through his eye, and his nose, I saw a great many shot down his arm and his body.

You have been in company with the deceased before this accident happened? - He had been backwards and forwards to my house before, then he was in perfect health.

Then you cannot have any doubt in your mind, but this shot was the cause of his death? - I cannot say.

JAMES HORSFALL sworn.

I live in Ratcliff-highway, near Old Gravel-lane, I was the surgeon that attended this man, these are the shot, they have never been out of my possession.

You are not sportsman enough to know what number they are? - No, I am not.

(The shot shewn to the Jury.)

You attended the deceased? - I did; when I went to see him, it was about a quarter before twelve, he was then laying on the floor about a yard from the door, I desired them to raise him up, and I examined the body; the prisoner Mr. Davis stood at my left hand, and observed to me, that there was no charge in the gun, to which I remarked, there appeared to have been some, for on removing his cloaths there were nothing but shot holes about his breast, the body was perfectly cold at that time, there was no pulsation in his heart, I ordered my assistant to endeavour to draw some blood from him, but he would not bleed; I had not the least idea of his bleeding, but merely for form sake more than from any expectation of his bleeding; I endeavoured to put some brandy down his threat, in order to stimulate the constitution, but there was no swallowing, there was not the least sensibility remaining, he was dead to all intents and purposes, he barely breathed and continued so to do, till six in the morning, I staid with him an hour; upon removing the breast bone, I observed the shot had penetrated the heart in several places, in diagonal lines, a great quantity of blood having extravasated the cavity of the breast, in short they passed right through the heart, and lodged somewhere in the back, the shot I have produced in Court, were the shot I took from about the heart and lungs, and there is not a doubt, I believe, remaining, but they were the cause of his death.

Mr. Silvester. Upon the prisoner's telling

you there was no charge in the gun, I do not know whether you went over to his room and found that the charge had been drawn? - No, Sir, I did not.

Had any number of robberies been committed in that neighbourhood, that required guns to be charged and kept in readiness in case of attacks? - On the Saturday morning before the murder on the 28th, the house was robbed where this murder was done.

So that the keeping a number of guns charged for preservation against thieves, was a necessary precaution? - Not to my knowledge.

ANN ANGUS sworn.

I was present at the time of this accident, I stood at my own door.

Had you made any observations about the prisoner or his house before that accident? - I had seen him at the window, I saw him with either a gun or a pistol, I really am not sure which.

When you stood at the door, who was in your company? - The deceased was on the left side of me, and Clifton was there, he had bid me a good night.

Was your sister with you? - I cannot say, she says she was, but there was another woman on the other side, that I have not seen since the next day, she went away, her name is Elizabeth Dockettz ; I was in the middle, and this woman was on the off side, and the deceased was on the left side.

Was it before the report of that gun, that the man was killed, or the former? - I cannot say that.

Was you present at the time, that the man received the wound? - I did not see him fall, I was close alongside of him, I might as well have been killed, and the woman and the gentleman that is at the door now.

Was there any quarrel or enmity subsisting between you and the prisoner? - No, Sir, none.

You lived in harmony and friendship? - Always, Sir, I immediately called out, and said, O dear! what have you done, you have killed a man, and he immediately came over to my house.

When he came there what was his behaviour? - He took up the man's head, and said O dear! what have I done! I have killed a man that never gave me any offence; O what would I give, a hundred pounds, two hundred pounds, nay a thousand pounds; O dear, fetch a doctor, spare no expences; Mr. Thomas, the beadle of the parish, he came and fetched the doctor, it was not altogether above a minute and an half from the beginning of the accident, then they put me into my own back room, and the deceased was put on a chair, he lived many hours after, I went to lay down being satigued, the prisoner attended the deceased all night, and was very melancholy, and was sorry for what he had done, and said, he could not give that back which he had taken.

Mr. Garrow. The prisoner did not seem to be a man that had an intention to take away the life of this man? - No, Sir, I saw him in the morning about eleven, at a house that he uses, and I believe, he was not out of his shop all day, besides I never saw him ill treat any person, I did not know of any ill will between him and Clifton.

I take it for granted you was so taken up with the accident that you did not go over to Davis's house, to see if he had drawn out the shot of the piece? - No, Sir.

How long have you lived opposite to Davis? - I have been in the house nine years, I am a tenant to him, he is a most harmless inoffensive man, bore no enmity to any body, very ready to serve, and very backward to do unkindness; my house had been lately robbed, that called me to the door, to talk to Mr. Thomas, my house had been broke open, and they had stripped me of all they could find, the neighbours have kept firing every night since Mr. Davis has been in trouble, for we are not safe in our beds.

Do you recollect whether this poor man had his shoes on when he came, or was in

a state preparing to go to bed? - I did not observe, he came over directly when he was called.

PETER HANSON sworn.

I lodge at Mrs. Angus's, I was present at the time of this accident, I was at the door, and went from the door again, I saw the prisoner in his house.

Had he any fire arms in his hands? - I cannot say, I saw he had something, but I did not know what it was, I returned to the fire place, and directly I heard the report of a gun.

Was that the report which immediately preceded the death of the deceased? - Yes.

After this did you see the prisoner? - He came over in his stocking feet, and took hold of the deceased, and lifted him up from the ground.

What did he say? - He said, Lord! have I killed an innocent man.

Did he say any thing more in your hearing? - Yes, he cried out, send for a doctor immediately.

Did he say any thing more in your hearing? - No.

Do you know whether the prisoner had any ill-will to Clifton the soldier, or to any body else in that family? - No, I do not think he had.

Mr. Silvester. I believe he is the most harmless man in the neighbourhood? - So far as I know.

Did he come without his shoes? - Yes, the moment he heard the accident, as fast as possible.

JOHN THOMAS sworn.

About half after eleven, I heard the report of a gun, I saw the flash, I and the officer of the night were going by, I saw Mrs. Angus at the door, and some other persons with her, I cannot tell who, I spoke to her, I said it is almost time for you to go in doors and shut up your house, and she replied directly that she had been robbed the Saturday before, I asked her of what, and she said some brass candlesticks, and different things what they could catch off the mantle piece, and I told her I was sorry for it, and then I wished her a good night; a little time after, when I got about twelve or fifteen yards from the house, I heard the report of a gun or a pistol, I did not return immediately upon hearing the report, I went a few steps further, and then I heard a cry out Thomas, Thomas, murder, murder! that brought me back to the house, and there I saw the deceased laying on the floor; in the interim of time, Mr. Davis came in, and he exclaimed and lifted up his hands and said, what have I done? and he desired somebody to go for a doctor; and I asked him if I should go, and he said yes, and I said where shall I go, and he said go to Dr. Glouster, and there were two women knocked at the door, and I knocked, and he looked out of the window, and I told him to come directly, for there was a murder done in the lane, and he said he would not come; I then went to Mr. Horsefall, and he came directly, I came back with Mr. Horsefall, and he looked at the man and told us to lift him up on a chair, and I stood alongside of the man and he tried to draw blood, the prisoner was walking about the room all the time and wringing his hands, and expressed great concern.

Did you see any thing further? - Only the doctor gave him what relief he thought proper, he poured some brandy down his throat, then I carried him to bed, after I had put the man to bed, I said Davis, how came you to do such a thing, says he, God knows Thomas, I thought I had drawn the charge, the charge lays over the way now, if you will come and see it; and I spoke to the officer of the night, and I said is it not better to take Davis into custody, and he said gentlemen I am here do any thing with me you please, I will go with you any where; and he offered to surrender himself directly, so we went our rounds and returned again, and he said he would surrender in the morning, and I believe he did.

Mr. Garrow. You had no idea he would run away? - No, I had not, if I had thought so I would have taken him.

Do you know whether he had his shoes on? - I did not go over about the charge, Elby was not there, Stratford was there, he is in a dying state, and his wife and child; there are plenty of thieves and whores too in Gravel Lane, there had lately been a robbery in the prisoner's own house, he told me they had taken some lead, he told me that night he was going to have a private watch; I have been a beadle for three years, I never knew any harm of the prisoner in my life.

PRISONER's DEFENCE.

I leave it to my counsel.

Mr. Silvester. My Lord, I beg leave to quote a case as similar to this, which Mr. Justice Foster recites, fol. 263, and is reported by Keeling,

"which, (he says) I

"think an extreme hard case and of very

"extensive influence; a man found a pistol

"in the street, which he had reason to believe

"was not loaded, having tried it with

"the rammer; he carried it home, and

"shewed it to his wife, and she sitting by

"him, he pulled up the cock, and touched

"the trigger, the pistol went off, and killed

"the woman; this was ruled manslaughter.

"It appeared that the learned editor was

"not satisfied with the judgment; it is one

"of the points he in the preface to the report

"recommends to further consideration;

"admitting that the judgment was strictly

"legal, it was to say no better of it summum

"jus. I cannot help saying, that the rule

"of law I have been considering in this

"place touching the consequences of taking

"or not taking due precaution, does not

"seem to be sufficiently tempered with

"mercy; manslaughter was formerly a capital

"offence, as I shall hereafter shew,

"and even the forseiture of goods and chattels

"upon the foot of the present law is a

"heavy stroke upon a man, guilty 'tis true

"of heedless incautious conduct, but in

"other respects perfectly innocent; therefore

"where the rigor of law bordereth

"upon injustice, mercy should, if possible,

"interpose in the administration. It is

"not the part of Judges to be perpetually

"hunting after forfeitures, where the heart

"is free from guilt; they are ministers appointed

"by the Crown for the ends of

"public justice, and should have written

"upon their hearts that solemn engagement

"his Majesty is under, to cause law and

"justice in mercy to be executed in all his

"judgments. This I have said upon a

"supposition that the judgment reported

"by Keeling was strictly legal; I think it

"was not, for the law in these cases does

"not require the utmost caution that can

"be used; it is sufficient that a reasonable

"precaution, what is usual and ordinary in

"the like cases, be taken: the man in the

"case under consideration examined the

"pistol in the common way, perhaps the

"rammer which he had before tried was

"too short, and deceived him, but having

"used the ordinary caution found to have

"been effectual in the like cases, he ought

"to have been excused. I have been the

"longer on this case, because accidents of

"the most lamentable kind may be the case

"of the wisest and the best of mankind,

"and most commonly fall amongst the

"nearest friends and relations; and in such

"a case, the forfeiture of goods rigorously

"exacted, would be heaping affliction upon

"the head of the afflicted, and galling a

"heart already wounded past cure; it would

"even aggravate the loss of a brother, a

"parent, a child, or wife, if such a loss under

"such circumstances is capable of aggravation.

"I once upon the circuit tried

"a man for the death of his wife by the

"like accident: Upon Sunday morning,

"the man and his wife went a mile or two

"from home with some neighbours to take

"a dinner at the house of their common

"friend; he carried his gun with him,

"hoping to meet with some diversion by

"the way, but before he went to dinner,

"he discharged it, and set it up in a private

"place in his friend's house; after

"dinner he went to church, and in the

"evening returned home with his wife and

"neighbours, bringing his gun with him.

"which was carried into the room where

"his wife was, she having brought it part

" of the way; he taking it up, touched

"the trigger, and the gun went off and

"killed his wife, whom he dearly loved.

"It came out in evidence, that whilst the

"man was at church, a person belonging

"to the family privately took the gun,

"charged it, and went after some game,

"but before the service at church was ended,

"returned it loaded to the place from

"whence he took it, and where the defendant,

"who was ignorant of all that

"passed, found it to all appearance as he

"left it. I did not enquire whether the

"poor man had examined the gun before

"he carried it home, but being of opinion

"upon the whole evidence, that he had

"reasonable grounds to believe that it was

"not loaded, I directed the jury that if

"they were of the same opinion, they should

"acquit him, and he was acquitted."

Court. If the jury are of opinion upon this evidence that the prisoner had an enmity to Clifton, and meant to kill Clifton, whereas he killed the other, I have no doubt but it is murder.

Mr. Justice Gould. If you observe, he tries the gun twice, and then lays the gun down, and fetches the other.

Mr. Silvester. This was the gun that would not go off the first time.

Mr. Garrow. My Lord, I am on the same side with my learned friend Mr. Silvester, and I hope you will forgive my saying a few words in addition to what he has said: I do not conceive that my duty necessarily calls upon me to say a word, because I am sure I should do injury to the impression which the discourse of the learned judge which he has just read must necessarily make on the minds of the jury. I conceive the argument goes the full length of asking the Court for an acquittal; I had not the smallest conception that there was any thing in this case that could in any view of it in which it could be put, put the prisoner into the peril of being convicted of murder. I know if there was a strong and conscientious doubt whether the prisoner, intending to commit one illegal act, committed another, which was not in his contemplation, that that in the eye of the law would be murder; but is that at all like this, or rather is not this exactly like the case stated in Keeling: it is manifest that the prisoner's object was not to attack the peaceful subjects of the kingdom, but to give notice to those that had already assaulted his peaceful dwelling, and it is in evidence by the beadle of the parish, that he had been driven to the necessity of appointing a private watch, and in the interim this man becomes his own watchman, which he had authority to do, in the doing of which he was committing no crime, he was committing no offence against the peace of the kingdom, and he discharges his firelock, either to try it, or to give notice to those that were lurking thereabouts; this it appears was the prisoner's intention; and that his first piece was discharged without any thing that could do mischief is manifest on the face of the evidence; for Clifton has told you, that the piece was fired off from a window of Davis's against the window opposite, and no accident happened; but then it may be said, he afterwards tried another. My Lord, if it is lawful to have one instrument, God knows the miserable state of society would very well justify him in having another to Mr. Davis discharged one piece, which he found sit for his purpose, and he attempts to discharge another; it does not go off; he then tries a second piece which had once missed fire, he discharged it in the same situation, then this melancholy accident happened; and what is the conduct of Mr. Davis as soon as it did happen? is it the conduct of a guilty man? Is it the conduct of a man that meant to shoot Mr. Clifton? Is it like the conduct of a man that meant to commit an offence against any moral duty? Why, he goes over with as much anxiety as any of your Lordships would have felt to rescue a man, who by accident in the sport of the field you had been the occasion of killing; he stays at the house all night; he offers to surrender himself to public justice; those to whom he surrendered, did not refuse to take his word, they were the jurors on the occasion; they came to him in the distance of three hours, and

they again refuse his solicitation to be taken into custody; he continues there still till all the world are awake, and then he goes and surrenders himself into the hands of public justice. My Lord, take it upon the evidence of Clifton himself, this man had had a little quarrel with him; why, he is the best judge whether it was almalice of such an extent as might provoke the very worst man in society to follow it up with a murder; Clifton says it was a trifling quarrel about half a pot of beer: your Lordship asked him,

"Whether the quarrel was of

"such a nature, or had proceeded to such

"a heighth, that you had any reason to apprehend

"that he sought your life?" - He says,

"No, I cannot say I had."

"Had

"he made use of any expressions indicating

"malice towards you?" your Lordship also asked, to which he replied,

"No, not in

"the least." Then, my Lord, let us see whether this is not precisely in point with the case in Keeling; in that case an accident happened, not with small sparrow shot like this, which pierces the heart and breaks some of the blood vessels, otherwise there is not another part of the human body in which it could possibly have produced death; this man draws the charge, he shakes out the shot in order to discharge his piece to give the alarm; some few shot still continue in the piece, without his knowledge. You may say, by his neglect death has ensued; I lament it, and so does the prisoner: All I ask is, that neither his life nor liberty shall be in jeopardy. I know that English Judges and juries do feel the force of the maxim, that judgment should be tempered with mercy; I know that juries rather prefer to find a man innocent than guilty, then I am sure they will very gladly coincide with Mr. Justice Foster, that it is a very hard law, because a man has not examined his piece with that scrupulousness which he ought, that therefore he is to be put in peril of being convicted of murder, and that at least he must be convicted of manslaughter. Your Lordships may have heard of a case at the proof of cannon at Woolwich; a man was found dead, he was at a great distance from the proof, upon examination of the body a pin's head was found to have entered into the heart of the man, a pin's head which had been in the cartridge; now would any body say, that if by accident a pin's head had found its way into this piece, which he had charged only with gunpowder, and that pin had found its way into the heart of the deceased, and therefore because he had not examined that charge, with that scrupulous nicety, that he should be put in peril of his life, or that any Jury should convict him even of manslaughter? My Lords, for these reasons which I have had the honour of submitting to your Lordships; I take the liberty with great deference to your Lordships, but with great confidence in the case, to submit that he ought not to be put in peril, but if there is any doubt on the case, thank God, we are prepared with that sort of proof, that will amply convince the Jury of the innocence of the prisoner at the bar!

Court. Then I desire you will enter into that proof, for I am sure there is no proof of it yet: let either Clifton or Mrs. Angus stand up.

Court to Clifton. What is the distance between the prisoner's one pair of stairs window, and the door of the house where you stood? - Twelve yards.

JAMES ALLEN sworn.

I live almost opposite to this house.

Is it usual to fire off their pieces in the evening? - It is, I have been robbed myself, in July last, and I discharge my piece twice or three times frequently in the course of a week: in the evening of the day after this accident, there was a mob collected round the door in the evening, and nobody there but a young person in the shop, a woman, I went over to desire the shop might be shut up to keep the mob out, then one of the officers from Shadwell came in, I went up with him, and took the candle, and a little girl went up with me, and I desired her to pick up the shot, which she did, and it is here; she picked up as much, I believe, as half the bowl of

a tobacco pipe would contain, and there were two black marks which appeared to be circular, as if by the muzzle of the piece against the floor in order as I thought to knock out the shot.

What sort of shot were they? - Four, I believe,

They were not twos, were they? - No, Sir.

Did you make any observation about any thing else? - No, when my house was broke open and robbed, I sent to Davis, I was without fire arms, and desired him to lend me one of those pieces, which he did, I charged it to defend my property, when I came to draw it, there was no screw to the ram rod, I got a screw made to it, and afterwards when Mr. Davis wanted a gun I sent it home with the new ram rod to it, and the new ram rod was much shorter than the old one.

How long have you known Mr. Davis? - These four years.

What is his character for humanity and temper? - I look upon him to be a jocose sociable man, I have rather seen him put up with insults rather than return them.

Jury to Allen. How many guns were fired that night did it appear? - I cannot say.

Court. How many guns did you see in the room of the prisoner, at the time you went up? - No more than one, and that gun the officer took away from Mr. Davis's room that night.

Mr. Justice Gould. The surgeon says, he saw a good many shot holes, and he says he reckons there might be about thirty, now you see across this street the shot cannot spread much, now supposing these thirty might remain: I suppose the whole charge of such small shot as that would contain at least two hundred.

Foreman of the Jury. Aye, four or five hundred of this shot, I am sure there must be in a moderate charge.

JOHN ORANGE sworn.

I am an officer of the peace, I did not go to Mr. Davis's house that night, but the next morning I did, the 31st of January.

What did you find on the floor? - There were some shot laying on the floor, and a piece of paper on the ram rod, on the worm.

Did it appear to be the wadding, did you observe any marks on the floor? - No, no marks any further than this (Producing the piece of paper that laid on the floor) this paper was on the worm of the ram-rod, and the ram-rod was in a chair at the other part of the room.

WILLIAM ELBY sworn.

This is the gun I found, this is the ramrod I had from Mr. Davis.

Where is the shot you found? - Here are some of them, but I left a good many more on the floor: there are so many thieves about, that the neighbours are not safe in their beds.

(The gun produced and the ram-rod being four or five inches too short for the gun.)

DANIEL PRATT sworn.

I was present at Mrs. Angus's part of this time, I went up stairs into Davis's room that evening, when they came there I observed the piece laying by the window, and the ram-rod on a chair by the bed side, and thirty or forty shot and a piece of paper and some oakham.

JOHN COOKE sworn.

I live in the neighbourhood of Gravel-lane, next door to Mrs. Angus's, our neighbourhood has been very much insested by thieves, and in consequence of that several of the neighbours have been provided with fire arms, I have been acquainted with the prisoner four years, and I never saw him any other than inoffensive and harmless, that has been his usual character, I never saw him in any quarrel.

Court. The fact of firing guns at night is sufficiently established.

Witnesses to Character.

THOMAS KENDALL sworn.

I believe you happened to be the foreman

of the Coroner's Inquest, on this occasion? - I was, I have lived in the parish of Shadwell twenty years, I have served overseer and church-warden, and I heard nothing but what he was an inoffensive man, I look upon him to be a jocose merry man, but nothing revengeful in him, I have no further acquaintance, I live at a distance from him.

CHARLES MORGAN sworn.

I am church-warden of this parish, I have known him seventeen or eighteen years.

What has been his general character for humanity? - I always looked upon him to be a very good sort of a man, I never knew him in any quarrels.

RICHARD SUTTON sworn.

I have know him I believe fourteen or fifteen years, I have had an opportunity of serving him with a commodity of goods, and have been a particular acquaintance with him, I never knew any harm of him.

Do you describe him to be an inoffensive good natured man? - As any I know, or ever I wish to keep company.

CHRISTOPHER WOODHAM sworn.

I have known Mr. Davis, between seventeen and eighteen years, a very good kind of a man as ever I heard of, a very honest man.

Not a malicious, revengeful man? - His character stands very fair, I never heard any thing against it.

WILLIAM BUTLER sworn.

I have lived upwards of seventeen years in the parish, I have known him that time, I never heard of his doing any malicious act in my life.

JAMES CLARKSON sworn.

I have known him very nigh three years, I serve him with a commodity of goods, I never heard any thing but what was well of him, he always paid me extremely well, and behaved as one tradesman should to another; I took him to be a good natured well meaning man.

THOMAS WALE sworn.

I have known the prisoner fourteen years and upwards, a worthy good neighbour.

Is he a quarrelsome man? - No, Sir, not at all; I never saw him quarrel with any body in my life.

ROBERT OLTS sworn.

I have known him seventeen or eighteen years, I always found him a very honest man, a good natured man.

LANCELOT HENRY sworn.

I have known him upwards of thirteen years, I always looked upon him to be a very inoffensive industrious and humane man, a good kind of a man.

ANDREW BISHOP sworn.

I have known him upwards of fourteen years, I have found him a harmless good natured man.

Not an ill natured revengeful fellow? - No, Sir, no such thing.

JAMES NASH sworn.

I have known him about twelve or thirteen years, I have been overseer and collector of taxes, and the man always behaved very well, a good natured, worthy sort of a man.

Jury. So far as character goes, the Jury must be satisfied.

Court. There is no doubt to be sure, so far as character goes.

NOT GUILTY .

Not Guilty on the Coroner's Inquisition.

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

Reference Number: t17860222-26

217. MATHEW, otherwise ROBERT MATHEWS , and JOHN MATHEWS , otherwise KING , were indicted for feloniously stealing, on the 20th of February , one half guinea, value 10 s. 6 d. the monies of John Bowen .

(The witnesses examined separate, at the request of Mr. Garrow, prisoner's counsel.)

JOHN BOWEN sworn.

I keep the White Hart Tavern in Abchurch-lane ; the prisoner Mathews came to my house yesterday was a week, and asked me for change for a guinea, and a glass of shrub.

Had he given you the guinea at this time? - Yes, the guinea was laying on the counter; I proceeded to count the half-guinea's worth of silver into his hand; he then recollected himself, by putting his hand on his left-hand pocket, and said, I do not want change, I have enough; then as my hand was with my silver and other monies in it, he at that instant returned the money into my hand, and as I suppose -

Mr. Garrow. Do not tell us what you suppose.

Bowen. I had given him the half-guinea and the silver; he threw the money into my hand where my other monies was.

What money did he throw into your hand? - I do not positively swear that he threw the whole of the money into my hand, or that he did not.

At the time you returned the half-guinea in silver to him, had you any silver in your hand? - Yes.

Do you know how much more money you had left in your hand? - No.

Had you any silver left in your hand, when you counted the half-guinea to him? - Yes.

How much did you find returned into your hand? - I do not know.

What became of the guinea that was laid down on the counter? - He took the guinea back himself.

Did you say any thing to him when he took his guinea back? - No, nothing; he gave me two-pence for the glass of shrub, and took the guinea back. On Monday the 20th, the two prisoners both came up to me, and Robert asked me for a glass of shrub, and change for a guinea, and laid down a guinea on the counter, and I gave half a guinea into Robert Mathews 's hand, not into King's; I had counted that half-guinea and four, five, or six shillings in silver into his hand, when John Mathews nudged him on the elbow, and said, you need not change.

Was it John that said, you need not change? - Yes; King called for a glass of shrub, and Mathews nudged him over the shoulder, and he immediately threw the silver into my hand; but I watched him, knowing the manner in which Mathews had served me before: he took the half-guinea between these fingers, and returned the silver back into my hand; that was King, the fat man; he conveyed the half-guinea into his right-hand pocket, and took the guinea off the counter with the other hand. I swear with certainty that he put the half-guinea into this pocket, and I saw his hand brought up afterwards, and he told me he had no half-guinea; I am sure there was no half-guinea then; I swear that I saw him put his hand into his pocket: I had but one guinea and that half-guinea, and some silver, and I knew my half-guinea was not returned. I then called one of my servants, Thomas Read , and when he came near the bottom of the stairs, I said to King, give me back my half-guinea; he shewed me his hand, and said he had no half-guinea. I then said to Thomas Read , look at these men; at the same time some gentlemen were in the bar, and I said to him, you scoundrel, give me my half-guinea; he then put his hand into his right-hand pocket, and put down the half-guinea on the bar.

Are you sure the half-guinea he pulled out, and put down on the bar, was your half-guinea? - I cannot swear that was the half-guinea I gave to him, for he might have other half-guineas in his pocket, and give me one of them.

Did he say any thing more than that? - Nothing more.

Repeat the words as exactly as you can? - He said, when I asked him for the half-guinea, that he had no half-guinea of mine; he said nothing when he laid down the half-guinea.

Did you charge him at that time with

taking your half-guinea? - Nothing at all; at first he shewed me his hands, and said he had no half-guinea, and afterwards when I said, you scoundrel give me the half-guinea, he was so confounded, he could not say a word.

Did the other prisoner do any thing but nudge him? - No.

Did you hear any conversation between them? - No.

They came in together? - Yes.

Mr. Garrow. Just a word or two, that I may not disappoint you: What house do you keep? - The White Hart Tavern in Abchurch-lane.

Did you search the pockets of the man that we have called King to-night? - I do not wish to search any pockets.

Did you? - No.

You do not know then whether he had any other half-guineas? - I do not know that.

How long before you asked for your half-guinea had he put his guinea into his pocket? - I cannot say to minutes, I cannot pretend to say to a minute.

You shall pretend to say; how long was it after he put his guinea into his pocket before he gave you the half-guinea? - The whole time they were at the bar till they were in the custody of the officer, was not more than fifteen minutes.

I am not answered, and I will be answered; I shall ask you, till the Judge commits you, I will repeat it to you, and I will warn you, that I will ask you, till the Judge commits you unless you answer it; how long was it after he put his guinea into his pocket before he gave you the half-guinea? - I think I called my servant five times, and I do not know how long that would take me up; but as soon as he was coming down stairs to the bottom of the stairs, I imagine it might be three minutes.

Did he put the guinea into the same pocket from which he afterwards took the half-guinea? - He did not.

Did you give him the guinea, or did he take it up? - He took it up.

Was not the half-guinea and the silver in the same hand of the prisoner? - Yes.

Have you seen the prisoners since they were committed? - I saw one of them.

Where did you see him? - In the out-room at Newgate.

You went there to see him? - Yes.

To drink with him? - No.

Did not you drink with him? - I did not drink with him; I drank in the same room.

You did go to the gaol? - Yes.

And you did drink in the same room; what liquor was it, wine? - It may be wine.

Then, peradventure, you drank out of the same bottle? - I cannot say I did, or I did not.

Will you swear now that you believe you did not? - I will not swear either way.

Do you mean to swear now positively that you do not know whether you drank out of the same bottle of wine or not? - I do.

Who paid for the wine he drank? - I paid for mine, I paid for some wine, and there was another person there that paid for the other.

You immediately got your half-guinea? - How do you mean; I asked him for it the first time, and he said he had it not; then when my servant came down, I got between him and the door, and he gave it me.

Have you got the guinea? - I never received a guinea from the prisoner; there was a guinea put down upon the bar.

Did he take it back? - He did.

And you took back your silver and your half-guinea? - No, Sir.

Will you swear that? - Yes, Sir; I have swore already that I did not take back my silver and half-guinea.

Have not you the half-guinea now, man? - Yes, after I challenged him.

You have never given him his full change? - No, because he would not allow me to do it.

THOMAS READ sworn.

I am waiter to Mr. Bowen. On the 20th of February, my master called me down stairs, and he bid me detain the two prisoners; and my master said to King, now

give me the half-guinea, you scoundrel, and he pulled out half a guinea from his pocket, and put it on the bar.

Did you hear him say any thing at all? - I did not; then my master sent for a constable, and detained him.

Did you hear your master ask him for it? - I did.

Did you hear him say any thing upon that? - I did not.

Did you hear any conversation between your master and him before you came down? - I did not.

Now recollect yourself whether King said any thing upon this occasion at all? - I did not hear him.

Did he make no reply to that you scoundrel give me my half-guinea? - I cannot say that he did.

If he had said any thing, should you have heard it? - I cannot say whether he might not deny it.

Can you say he did? - I cannot.

Did you hear any conversation between these two men, King and the other? - I did not.

Not at all? - No; he was very much confounded.

Did you examine either of them? - I did not.

Prisoner. My guinea lay on the bar a moment after the prosecutor had my half-guinea; he says he never had my guinea in his hand, but he took it in his hand, and what made me give him the change, he said he could not conveniently spare the change, or else I should have taken it.

Mr. Garrow submitted that there was no case against Mathews to go to the jury: The Court over-ruled his objection.

Court to Prosecutor. You went to Newgate? - I did.

How came you to go to Newgate, to speak to either of the prisoners? - The reason was this, an old woman of seventy years of age, with another woman, and three or four children, came to my house.

Was it in consequence of any other application from any other person? - Yes.

You swear that positively? - Yes.

ADAM WALKER sworn.

I live in Chandols-street, Covent-Garden, a peruke maker, and ha ir dresser, I am a house keeper; I know King, he belongs to the Free Mason's Lodge, a good Mason cannot be a bad man.

What is his character? - A very honest man, he is a printer by profession, he bears an extraordinary good character as a man as well as a mason; I have known him between three and four years, to the best of my knowledge, he has three or four children, he lives in Sutton-street.

For these last three or four years, has he followed that business as a printer? - Yes, both master and journeyman, I employed him to do my business for me.

The prisoners each called two more witnesses, who gave them a very good character.

BOTH GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-27

218. WILLIAM LINCH was indicted for feloniously stealing, on the 16th day of February , two iron rails, value 5 s. belonging to her Royal Highness the Princess Amelia , and affixed to her dwelling-house, against the statute .

JOHN WILSON sworn.

I caught the prisoner in the fact of wresting these rails off, he had one in his hand, and was wresting off the other at the Princess Amelia's house, I was going by on a message, it was between seven and eight, on Thursday last.

JOHN CROCKETT sworn.

I am in the Princess Amelia's family, I speak to the rail, I know nothing of the fact.

Prisoner. I found the rail in the street,

and I kicked against it, and that young man came before and picked up the rail.

GUILTY .

Transported for seven years .

Tried by the first Middlesex jury before Mr. RECORDER.

Reference Number: t17860222-28

219. JOSEHH HOBBS was indicted for feloniously stealing, on the 14th day of February , sixty pounds weight of tobacco, value 5 l. and one canvas bag, value 6 d. the property of Thomas Milne and Timothy Stansfield .

SAMUEL CARPENDALE sworn.

On Tuesday the 14th instant, a man came in for an ounce of tobacco, he asked for Oroonoko, I said, we had none, then he asked for Virginia and herb, for he could not smoke all Virginia; then two more men rattled at the door, and came in while I was weighing the ounce of tobacco, and three more came in, and there were three bags of tobacco on the counter, and they took one; I called for assistance up stairs, and four of them run out of the shop, I pursued up Fenchurch-street, and was returning by the corner of Philpot-lane, when I met the prisoner with a bag of tobacco upon his shoulders, he was out of sight about five minutes; he attempted to get away from me, he threw the tobacco upon my head, and got away from me, I cried stop thief! and he was stopped again in Philpot-lane, he got away again, and was taken on Dice key; I know he is the same man by his clothes, and his face, there was a lamp and a silversmith's shop open, with a strong light, I put the tobacco at Mr. Stevenson's, a fruiterer, in Thames-street.

Mr. Peatt, Prisoner's Counsel. How long did you lose sight of the person that you suppose to be the prisoner? - I cannot tell; I suppose about ten minutes in the whole.

HENRY SHEPHERD sworn.

About eight on Tuesday the 14th instant, there was a noise in the street, my man was in the shop, there was a cry of stop the rascal; my man laid hold of the prisoner, and he fell into the kennel; I laid hold of the prisoner then, I said you must be a rascal for you are the first that has come down this lane, I held him about a minute, he had nothing in his possession, the bag was right opposite my house at a neighbour's, I did not see him throw it; I saw the prisoner afterwards, and I knew he was the same man that I stopped.

- DAVIS sworn.

I heard the cry of stop thief! and I stopped the prisoner in Philpot-lane; he said, he was not the man.

THOMAS GOODWIN sworn.

Confirmed the above account of taking the prisoner.

PRISONER's DEFENCE.

I ran with the rest, and they took me.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-29

220. MARY JONES was indicted for feloniously stealing, on the 6th day of February , one yard and a half of thread lace, value 2 s. 6 d. the property of Robert Earl .

JOSEH PINCHARD sworn.

The prisoner came into the shop to buy a yard of linen, on Monday the 6th of February, and some lace lay on the counter, and at the same time I looked out the ribbon, I perceived her draw towards the lace box, I paid attention to her; in a little time I saw her draw a piece of lace out of the box, and convey it under her cloak, I then immediately charged her with it, and

and after that charge, I heard the lace drop down on the ground, it was rolled on a card, there were about a yard and an half, I went on the other side of the counter, and picked it up immediately, she asked me how I could think of taxing her with any such thing.

Mr. Garrow, Prisoner's Counsel. You are shopman to Mr. Earle? - Yes, Sir.

What sort of a shop is yours? - I do not not know, it is like most other haberdashers shops.

You take that to be the answer I was seeking for? - I cannot say what you was seeking for.

What sort of a shop is yours? - I cannot describe the particulars of the shop, it is a common size shop.

How many men may be employed in it? - That is rather uncertain, according to the time of the year.

Lightish, I suppose, like other shops? - There is plenty of light in it; I am sure there was never a piece of lace on the counter when the prisoner came in.

Are you sure there was not one on the floor? - I did not go on the other side to see.

Court. Are you sure of what you told me at first, that you saw the prisoner take it out of the box? - Yes.

Mr. Garrow. You sent for a constable? - Yes, I do not recollect what he said, I told him we had detected a woman taking a piece of lace.

Did not the constable tell you, that from your story, you could not hurt a hair of her head? - He possibly might.

Did he or not? - I will not swear he did not, I do not know.

Do you recollect giving this answer to it, that whether you could or not, you would bring her here, because you had lost so many things in the course of the year? - I do not recollect.

ROBERT EARLE sworn.

I was not in the shop when this happened, I came down, and the woman was in the shop, and a part of the lace lay in the box, and Pinchard told me, that the woman came in for a yard of ribbon, and that he saw her take out the lace, and put under her cloak, and the constable informed me, that I could do nothing with it, that I had better let her go about her business, I said, I should not lot her go upon such terms.

What did you say? - I gave an answer to this import, that as she had been detected of stealing it from me, I certainly would have her to Guildhall, and pursue her as far as the law would allow.

JAMES GENTS sworn.

I was constable.

Court. How came you to take upon you to advise any body not to prosecute? - Mr. Earle told me he did not find the lace upon her; I said, then I doubted it would come to nothing.

So you do not like to take charge of a person, and do your duty, unless you approve of the evidence? - I asked Mr. Earle, if he saw her take the property, he said, his young man did.

Court. Learn your duty another time; your business is to execute the law, and to take charges.

Mr. Sheriff Sanderson. What ward are you constable for? - Bread-street ward.

Do you serve in your own right, or as a substitute? - Substitute.

PRISONER's DEFENCE.

I went to buy a yard of ribbon, and that gentleman said, I had taken something, and I said, I have nothing belonging to you, here is sixpence to pay for the ribbon; I told him I had two children at home, I might knock the card down, he accused me with taking two cards of lace; I said, if there is any dropped look for it.

Court to Pinchard. Did you accuse her of taking two? - No, Sir, I did not.

JAMES PULLEN sworn.

I am a baker in Little Bartholomew-close, Cloth-fair; I have known her these five years, her general character ever since

I knew her, was a very sober, honest, industrious woman, and one that endeavoured to maintain her family, I never heard any thing amiss of her before.

What is she? - She takes in ironing , and clear starching, her husband had been dead about two months, and left her with two children, one about three years old, and the other about five.

Jury to Pinchard. Are you sure that you saw her take the card out of the box? - I saw her take it out of the box, and convey it under her cloak.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-30

221. JAMES MASON was indicted for feloniously stealing, on the 7th day of February , one ingot of gold, of the weight of three ounces, value 10 l. the property of Stephen Twycross , in his dwelling house .

STEPHEN TWYCROSS sworn.

I live in Pemberton-row, Gough-square , on Saturday the 4th of February, I brought home a small ingot of gold to have it assayed, and I took it out of my pocket in my dining-room, to shew it to my daughter; I was ill that afternoon, I did not miss it till the Tuesday following; I do not know what I did with it, but I rather think I laid it on a little table, near the edge of the chimney piece in my dining room; on the Tuesday following, I looked for it, and could not find it; on the next Saturday, I was informed that Mr. Heather had stopped a small ingot of gold, and that the person was in custody; I went to Mr. Heather's, in Long-alley, and I found that piece of gold, which appeared to be a part of the ingot I had lost.

Had it any mark upon it? - No, it appeared to be the same size to it, I have had an assay since of it, and it appears to be the same quality of that within three pence an ounce, the other piece I have not been able to get; it is only from my carrying it in my eye.

Do you know the prisoner at all? - He lived with me at that time as a porter , to go of errands, and any thing of that sort, I cannot swear to it.

JOHN HEATHER sworn.

On Thursday afternoon the 9th of February, about five, the prisoner brought this piece of gold to me to sell, I asked him how he came by it, he said he had it of one Mr. Turner; I sent to Bow-street for an officer, he told me he met a man coming into town, who got him to sell it; but however, I heard the prisoner acknowledge before the Magistrate that it was his master's property.

Was there any promise made to him to induce him to confess the truth? - Not in my hearing.

Prosecutor. I was present when he was examined, I heard him acknowledge taking the gold.

Were there any promises made to him? - No, Sir; so far I told him, if he would give up the other part of it, I would shew him all the favour that lay in my power, but that was after he had made the confession, I am very clear of it.

How large was the whole piece? - Three ounces one penny weight, the whole value is better than ten pounds.

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

Reference Number: t17860222-30

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 22d of FEBRUARY, 1786, and the following Days;

Being the THIRD 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 III. PART V.

LONDON:

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

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 James Mason .

HENRY GIBBS sworn.

I was at the office when he was examined, I was a witness to his confession.

Was it reduced into writing? - Yes, I saw the prisoner sign his own name to his confession (The confession handed up) there was no promise made to him, or threat used in my hearing.

(Read.)

"Middlesex; the examination of James

"Mason, charged with stealing, by James

"Twycross: on Thursday evening the 9th

"of February instant, about four, he

"stole in his master's house one ingot of

"gold, and delivered it to one Henry Turner

"whom he does not know, nor where

"he lives, who broke it into three pieces,

"and gave this examinant one piece, with

"which he was stopped by John Heather ."

Prisoner. I have only this to say, that that piece of gold is not belonging to the gold that Mr. Twycross lost.

Prosecutor. He came out of the country to my service, and therefore it is not to be wondered at, that he has nobody to his character; he lived with me two years, and then he went away, and then I took him again; I believe in the time he was away, he got some bad connections, but before that, he was a very honest man, and I should be exceedingly happy to address your Lordship in his favour.

GUILTY, Of stealing to the value of 39 s .

To be transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-31

222. WILLIAM BROWNING was indicted for burglariously and feloniously breaking and entering the dwelling-house of Thomas Ley , between the hours of six and seven at night, on the 19th day of January last, and burglariously stealing therein, two children's white linen frocks, value 2 s. two white callico petticoats, value 4 s. two dimity petticoats, value 4 s. one ditto, value 1 s. one other ditto, value 1 s. one pair of stays, value 1 s. two shirts, value 1 s. one damask table cloth, value 2 s. two shifts,

value 2 s. two white cloth aprons, value 2 s. one pillow case, value 1 s. the property of the said Thomas Ley .

NOT GUILTY .

Tried by the London Jury before Mr. Baron PERRYN .

Reference Number: t17860222-32

223. CHARLES HEWLINGS was indicted for burglariously and feloniously breaking and entering the dwelling-house of Joseph Marshall , about the hour of eight in the night, on the 17th day of January last, and burglariously stealing therein one wooden till, value 2 d. and sixty-two halfpence, value 2 s. 7 d. and 10 s. in monies numbered, his property .

ELIZABETH THOMAS sworn.

I live with Marshal in St. Clements-church-yard , he keeps a house there, he is a stationer and tobacconist ; a few minutes before eight, I shut the shop door after I had served a customer.

Did you fasten the door? I put the latch on, I did not lock it, and soon after I saw the prisoner at the foot of the stairs, with the till in his hand, I did not hear any body open the door, and the prisoner went out with the till in his hand, I followed him, and cried stop thief, he was pursued and taken, out of my sight, but I am sure he is the man; there was about 10 s. in silver, and some halfpence, I am very sure I shut the door, and put down the latch that I might hear it.

But you did not hear it? - I always can hear it.

Does the latch go hard? - Yes.

Then did not it strike you at the time that you must have left it open, as you did not hear it? - No, because I was sure I shut it.

JONATHAN WHITE sworn.

I apprehended the prisoner on the cry of the last witness, and brought him back, there was no other person running near there at the time.

SAMUEL ALTON sworn,

Produced the till and money, which he found at his back door, two doors from the prosecutor's.

Prisoner. I am innocent.

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

GUILTY Of stealing only .

Transported for seven years .

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

Reference Number: t17860222-33

224. MARY ANDERSON was indicted for feloniously stealing, on the 27th day of January last, one linen bed tick, value 19 s. one bolster, value 3 s. one table cloth, value 3 s. one shirt, value 12 d. one pillow bier, value 12 d. two cotton gowns, value 20 s. one pair of pattens, value 12 d. one handkerchief, value 12 d. two linen handkerchiefs, value 12 d. the property of James Gill , in his dwelling-house .

The prisoner left the prosecutor's house at six in the morning, and the things were gone, which the watchman took on the prisoner.

(Deposed to.)

Prisoner. I beg for mercy.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-34

225. WILLIAM MITCHELL was indicted for feloniously stealing on the 12th day of February , three legs of mutton, value 8 s. two loins of mutton, value 5 s. and one rump of beef, value 5 s. the property of James Sears .

NOT GUILTY .

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

Reference Number: t17860222-35

226. JOHN CRAWFORD was indicted for feloniously stealing on the 1st day of February , one pair of men's leather pumps, value 2 s. the property of John Dunlap .

The prosecutor lost the pumps out of his shop window; the prisoner was taken with one of the pumps in his hand, and his hand bloody.

(Deposed to.)

GEORGE DRYSDALE sworn.

I saw the prisoner take the pumps out of the prosecutor's window.

Prisoner. I picked up the shoe.

GUILTY .

To be privately whipped and imprisoned three months in Newgate .

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

Reference Number: t17860222-36

227. MARY MARTIN was indicted for feloniously stealing, on the 9th day of February , fourteen yards of printed cotton, value 30 s. the property of William Kitchen .

Matthew Holderness the prosecutor's man saw the prisoner take the cotton from the door, and took her with it under her arm.

Prisoner. A woman dropt it.

GUILTY .

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

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

Reference Number: t17860222-37

228. SAMUEL DAVIS was indicted for feloniously stealing on the 11th day of January last, one leaden pump barrel, value 8 s. the property of William Beavan .

John Lambert took the prisoner just by the prosecutor's door with the property, which he dropped at his feet. - Thomas Edwards also saw him drop it.

Prisoner. A sailor bid me carry it.

GUILTY .

Whipped .

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

Reference Number: t17860222-38

229. JOSEPH TAYLOR was indicted for feloniously stealing on the 22d day of January last, one wooden ladder, value 1 s. the property of Martin Free .

The prisoner was seen by John Marriott taking the ladder from the Black-horse door.

Prisoner. I am innocent.

The prisoner called one witness to his character.

GUILTY

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-39

230. JOHN BOYCOT was indicted for feloniously stealing, on the 6th day of February , eighteen pounds weight of mutton, value 6 s. 6 d. six pounds weight of beef, value 2 s. and three pounds weight of beef-suet, value 1 s. the property of James Alexander .

The Case opened by Mr. Garrow.

JAMES ALEXANDER sworn.

On the 6th of February, between one and three, I saw the prisoner take one loin of mutton, and part of another loin, two breasts of mutton, two joints of beef, and one pound of suet from the shop, and tied them up in his apron, to the slaughter-house, and laid them upon the tallow-board, and covered over with a cloth, I could not see into the slaughter-house; I sent for a constable; he said he only removed them for scouring the shop; that was not a proper time for scouring

the shop, as there was a large quantity of meat in the shop at the time.

Mr. Scott, Prisoner's Counsel. How long has the prisoner lived with you? - About three months.

Did not the prisoner assist in scouring the shop? - Yes; the meat was tied up as tight as it was possible for a man's apron to be tied up.

Did not he tell you he carried it there because it was dirtied, that it might be washed? - He did not say a single word; I saw him take it, in the room of hanging it up, he took it to the slaughter-house.

Mr. Garrow. Did this meat either want washing or scraping? - By no means.

- HOW sworn.

I am a constable. I found this meat tied up in a blue apron almost at the parlour-door; he said he did not mean to take it, he put it there to keep it clean; it was tied very tight.

Prisoner. I leave it to my counsel.

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

GUILTY .

Mr. Garrow. Now the trial is over, I may say that I have a man here to prove that the prisoner has received thirty pounds at a time for sat.

Prosecutor. My loss has not been so little as two hundred and fifty pounds in the whole.

Court. I am perfectly satisfied with the verdict; the offence of servant s who are in trust robbing their masters, has always been considered of the most dangerous nature, and been uniformly punished with the greatest rigor; therefore let the prisoner be transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-40

231. JOHN GILBERT and SAMUEL MILES were indicted for feloniously stealing, on the 17th of January last, one sow pig, value 40 s. the property of Thomas Richardson .

The prisoners were seen driving the sow, the property of the prosecutor; they were taken into custody.

BOTH GUILTY .

Each transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-41

232. THOMAS TRAYNER was indicted for feloniously stealing, on the 15th day of February , one pair of men's leather shoes, value 4 s. the property of Thomas Goodwin and John Mallam .

The prisoner came into the prosecutors shop to buy a pair of shoes, and was detected with a pair under his arm, which he dropped in the shop.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-42

233. JOSEPH RYLAND was indicted for feloniously stealing, on the 15th day of February , one white linen apron, value 2 s. one cloak, value 5 s. one coat, value 8 s. one neck-cloth, value 1 s. one cloak, value 3 s. one hat, value 4 s. the property of Thomas Pepper .

MARY PEPPER sworn.

I am wife to the prosecutor. I saw the prisoner jump of our window; I called, stop thief! I missed a white apron, and the rest of the things mentioned in the indictment; they were tied up ready in a corner of the window, which is about six feet from the ground; there was light enough to see him,

I knew him before, he had lodged at our house.

THOMAS HERNE sworn.

I saw the prisoner come out of the window; I attempted to take him, but he was rescued; I am sure the prisoner is the man, he was taken the next day.

Prisoner. I was not near the place; I have neither witnesses nor friends.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-43

234. SIMON SOLOMON was indicted for feloniously stealing, on the 14th day of January last, two copper coal shoots, value 20 s. two stew-pans, value 15 s. twelve copper tea-kettles, value 5 l. six iron saucepans, value 44 s. one basket, value 8 d. the property of William Cowland .

The Case opened by Mr. Garrow.

WILLIAM COWLAND sworn.

My father is a brazier . I remember delivering some goods in our way of trade, the things mentioned in the indictment; they were to go to Broad-street, beyond the Royal Exchange, part of them there, and part of them to another place. My man came home, and gave me an account that he had lost them. On the next evening, I went out with Lucy and the porters in order to apprehend the man.

- HERITAGE sworn.

On the 14th of January, I was to carry some goods, and I pitched my load in Bull's-head-court, Newgate-street; the prisoner at the bar was standing there: I asked him to give me a turn round; he helped me with it on my head, and he followed me into Cheapside; he said I was very heavy loaded, and he had just been giving his partner a lift, who was troubled with a shortness of breath. He asked me where I was going to, I said I was going to Broad-street; he had a knot on his shoulder, and had the appearance of a porter; I said, I have only a penny, and that I will give you for a glass of gin, to give me a lift; he said, No, I do not mind your penny, I do not mind giving a brother porter a lift; then he asked me if I could give it a shove on his head, and a lusty man lifted it off my head on his head; and going between Foster-lane and Gutter-lane, on that side Cheapside , a genteel man slipped down, and he said he had daubed himself very much, and asked me if I would let him wipe his hands on my apron, and he felt first in one pocket, and then in the other, and he took out three halfpence, and two he let fall, and he said, young man, pick them up; then I went after the man with the load, but I could find no more of him, I went as fast as ever I could; this was on Friday night: on the Monday night I went out again, and took out a box, containing brickbats and stones; Mr. Lucy and my young master went with me: we went to Hatton-garden and down Holborn, and up to the Change, and came back, and about Foster-lane, this prisoner, Solomons, met me, and said to me, Young man, you are heavy loaded; he had his knot again; and I said, Yes, I am, and I am very weary, for I have had the ague and fever, which makes me very weak; so I walked on towards St. Martin's Le Grand, and I pitched it down there, he helped me down with it; he said he was only waiting for his master, and if he was gone home, he would give me a lift; he sent me to the second court, that was Bull's-head court, and I went and pitched in that court, and there was the halloo out, Shemar, for the space of five or six minutes.

Who was hallooing out? - I suppose eight or ten gentlemen on the off side of the way; he came up soon afterwards, and said, what, are not you got any further? No, says I, and he asked me where I brought it from? I told him out of Leadenhall-street, and was going into Saint John's-street, and I took it down Giltspur-street, and this same gentleman

met us, and slipped down again, and he offered me threepence-halfpenny, and wiped his hands again; I told him I must not stop to take the money, and I followed the prisoner; he turned short into the hospital; the gentleman told me he was gone on straight forwards; I turned short, and when I came to turn to speak to him, says I, you are going, my cock, the wrong way; yes, says he, I forgot myself, I should have gone straight across Smithfield; then he brought it, and pitched it by Hosier-lane, and said; you take it a little way; I took it up, and he was off in a minute. I am sure the prisoner is the person. I went out again on the 26th with Mr. Lucy and young Mr. Cowland, and I saw the prisoner passing by St. Sepulchre's church, and I told the constable to meet me at Fleet-market, and we took him in Fleet-market; and before the magistrate he said his name was Simon Solomons , he said Shemar was only a nickname that they gave him.

Court. Did this man know you a second time? - Not at first; he said afterwards, I worked in Fleet-market, I said yes.

JOHN LUCY sworn.

On Monday evening I went out with this man, and saw him accosted by a porter, but I cannot say the prisoner was the man; I took him afterwards before the magistrate, and he said as the last witness has described.

Prosecutor. I am sure the prisoner is the man.

PRISONER's DEFENCE.

I had been into Piccadilly, and was coming home.

The prisoner called two witnesses to his character.

GUILTY .

To be transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-44

235. MARGARET PARR was indicted for feloniously stealing, on the 13th day of February , eleven muslin handkerchiefs, value 20 s. the property of Edward Gibson and Edward Nicholson , privily in their shop .

EDWARD NICHOLSON sworn.

On Monday the 13th of February, the prisoner came in, and desired to see some handkerchiefs; she looked at some, and borrowed a pair of spectacles to look at them; she offered me two-and-twenty pence, and I shewed her some others, and she went out of the shop: I missed one piece, and I pursued and saw her three doors from the shop; I told her to come back, and she should have one. I perceived she had something below her left arm behind her cloak, and as she was going into the shop, she dropped ten handkerchiefs; two witnesses saw her drop them, I did not.

Did you see her take them at all? - I did not suspect her in the least.

What did she say for herself? - She said she was very innocent; what did we mean by accusing her with taking handkerchiefs, she knew nothing of them.

Mr. Garrow, Prisoner's Counsel. Have you since enquired who she is? - No.

JAMES HUNT sworn.

I was accidentally passing along Barbican on the 13th of this instant; just as I came opposite to the prosecutor's door, I saw him handing up this lady; I stood still, and saw something drop from her clothes, what it was I could not rightly perceive; but however I picked it up myself; I found it was a piece of muslin handkerchiefs; I followed them into the shop, and gave it to the prosecutors; it was about six in the evening, between dusk and light.

Court. Could you observe particularly where they dropped from? - I cannot rightly say from what part of her clothes, they dropped from some of them.

MARY ALLEN sworn.

I saw the prisoner drop it from her clothes,

from under her cloak, but what part I cannot say.

JOHN EDWARDS sworn.

I am the constable. This piece of muslin was given to me by Mr. Nicholson at the time of the robbery; I have had it ever since: I searched the prisoner, and found two-pence or two-pence-halfpenny, which was all the money she had about her.

(The handkerchiefs deposed to.)

Mr. Garrow to Prosecutor. Have you ever chanced to hear that this woman was disordered in her mind, on account of her husband leaving her with a large family? - Her daughter said so that evening.

Court. Whereabouts was this muslin in the shop? - About one third in.

Was it possible it should catch about any part of her clothes and attach, and then drop as she went out? - It is not possible, without my perceiving it.

DAVID DEAN sworn.

I am a cheesemonger in Saint John's-street. I have known her for upwards of teen years.

What is her age? - Nearer sixty than forty; she has rented a house of me near fourteen years; she always paid her rent and taxes, or I should have heard; I never heard any thing amiss of her; her husband left her some years ago, and since that she always seemed to be a very industrious careful woman; I apprehended her husband allowed her something after he left her; I asked no questions, my rent was paid.

JOSEPH WALKER sworn.

I have known her thirteen or fourteen years.

We have heard that her husband has left her? - Yes.

What character has she borne all the time you have known her as to honesty? - An exceeding good one; I have lived in the house with her for the last six years; I have married a daughter of her's; I have kept her, she was not in necessity, she lived as I did.

What do you take her age to be? - Fifty-five; I believe her husband leaving her has affected her a good deal.

WILLIAM HUNT sworn.

I have known her about fourteen years; I lived in the house with her; I married her other daughter; she is very honest and industrious, she is about fifty-five.

Was she supported by the assistance of her sons-in-law? - No, Sir.

Court. What did she do towards earning her livelihood? - Assisting in the family; I have three children, I believe she has had four or five children.

- CLARKSON sworn.

I live in St. John's-street, I am a glass and china-man; I have known her sixteen years; if she had come to my shop, I would have given her credit for a few pounds.

EDWARD HINDE sworn.

I live in Monument-yard, I am a merchant; I have known her about eight or nine years, I never heard any thing to the contrary but that she was an honest industrious woman; I have had several proofs of it, I have employed her myself; she has had at different times forty or fifty pounds worth of mine in her hands in goods.

What sort of goods? - Chiefly linens; I used to send linen abroad ready made, and she did the needle-work; I employed her for several foreign gentlemen, to make up great quantities of linen, and she was remarkably honest in bringing every little remnant, which is more than usual.

So that you took her to be exemplary honest? - I did.

EDWARD KAY sworn.

I live at No. 5, Cow Cross, I am a grocer; I have known her near twelve years, she has used the shop, and very punctual

in all her dealings, that is her general character.

GUILTY, 10 d .

To be privately whipped and discharged .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-45

236. THOMAS BURDETT , SAMUEL ARMSTRONG , and WILLIAM BROWN , were indicted for burglariously and feloniously breaking and entering the dwelling-house of John Chancellor , about the hour of seven in the night on the 9th of February , and burglariously stealing therein ten metal watches, value 20 l. four silver watch motions, with quarter dials, value 30 s. six silver watch-cases, value 30 s. six metal watch motions, value 30 s. four cases, value 10 s. three silver watch motions, with barr quarter dials, value 15 s. thirteen pair of watch cases, value 15 l. twenty pair of silver watch cases, value 15 l. a metal chased watch case, value 22 s. twenty-two silver repeating pendents, value 5 s. two other watches, inside and outside cases made of silver, value 40 s. six watch movements, value 20 s. twelve silver tea-spoons, value 20 s. and a paste shoe-buckle, value 10 s. a pocket-book, value 2 d. his property, one bank note, No. 2936, dated the 21st of January, value 10 l. one other bank note, No. 2937, bearing date the 21st of January, value 10 l. one other bank note, No. 2938, value 10 l. the said notes and every of them being the property of the said John Chancellor , and the several sums of money due and secured on the same notes being then due and unsatisfied .

(The witnesses examined separate at the request of the Prisoner.)

JOHN CHANCELLOR sworn.

I live at No. 2, Holloway Mount, near Shoreditch , I am a watch-maker . The prisoner Armstrong was my finisher ; he was my servant . I went out about two on Thursday the 9th of February; I had that day received three bank notes, and I told the prisoner Armstrong that I had money in the house, before I went out to dinner, not suspecting him, and when I returned, I found my house full of people, on account of the alarm given of the robbery by Armstrong and my other servant, Elizabeth Johnson ; I lost the things contained in this inventory.

Have you found any part of your property again? - There is a watch that is produced, maker's name William Caple , No. 145.

ELIZABETH JOHNSON sworn.

I am servant to Mr. Chancellor; my master's house was robbed on the 9th of February, as near seven as I can recollect. This young man that was in my master's house, that is Armstrong, he and I were going to have our tea, and somebody knocked at the door; he got up, and went to the door; I says to him, ask who is at the door; he went and asked who was there, they said they had some work, is your master at home? he said yes, and he opened the door, and cried out, Oh, Lord! I was a little alarmed; I sat in the kitchen to see who came in; I could not hear nor see any body come in for the course of a minute; then this man the prisoner Burdett came in, with his face half covered with a handkerchief; he presented a pistol to me, and said, if I resisted he would blow my brains out; I told him I would not resist, if he would spare my life; he then came round me, and put his hands over my eyes, and tied his handkerchief, or something, I cannot say what, over my eyes; then he took my hands, and tied them down behind me; then he got a blanket I had been ironing upon, and threw that over my head, and took my apron, and tied that round me with the string. I was in that situation while they robbed the house; they were in the house near a quarter of an hour, as near as I can recollect: while they were there, Samuel Armstrong made use of the words, pray do not take that watch, that is my master's watch; that was a watch that

was laying on the mantlepiece; then they d - d me, and asked me what time I expected my master at home; I told them I expected him at the door every minute; then I heard them go out of the kitchen, and call Murphy; they came down stairs, and came round me, and opened the drawers of the kitchen; I heard them, and they told me if I did not tell them where my master's plate, and money, and notes were, they would blow my brains out; then I told them they must, for I did not know; then they went out, and I heard them bid one another good night, I cannot say I knew the voice; the young man Armstrong I heard him the other side of the kitchen where I was, and he said, Oh Lord! what have they taken? I answered, and bid him told his tongue; he then came round to me, and he put down his head, and I asked him if they were all gone, and he said yes, they were all gone. He took the blanket off me, and untied my hands.

How many did you observe in the kitchen? - I did not see any person but this Burdett.

Do you know him again? - Yes.

Prisoner Armstrong. Whether before I I told you they were all gone, you did not bid me go and look? - I deny that.

Mr. Garrow, Prisoner's Counsel. The kitchen is on the floor with the street-door? - Yes.

You saw but one person? - No.

His face was covered with a handkerchief? - Yes, the lower part of his face was covered.

Had he a round hat? - I cannot tell whether he had a round hat or a cocked one; I know his face, but I do not know his hat.

Consider that the lives of three men depend on what you say; and you was a good deal frightened? - Very much.

Do you mean to say upon your oath that you are able to swear to the upper part of a man's face, whom you never saw before, and whom you do not know what sort of hat he had? - I can; but I do not know what sort of hat he had.

Had he any hat? - I do not know, I judge from the size.

There may be more of the same size; how long had you lived with the prosecutor? - I had been in my master's service one month the 13th of February.

I believe you was taken into custody? - Yes, I was.

Do you recollect that four other persons, not the prisoners at the bar, were first taken into custody on suspicion of this burglary? - No, Sir.

Do not you know that other persons, besid es the prisoners, were taken into custody on this charge? - I do not know that they were.

Do you remember being at the magistrate's with your master, when he told you, you should see the persons that were accused? - I do not.

Did not your master, while you was in custody, and before you had seen either of these persons, tell you that there were persons that he meant to shew to you? - They were not shewn to me, I was called on one side by the gentlewoman at Mr. Wilmot's house, and she asked me if I knew any person in the room; I looked through the glass over the door, and saw Burdett there.

Had you ever seen Burdett before in your life? - Never to my knowledge, I had a light on the table when they came in.

How much of a minute, or the third part of a minute, was it, before you was blindfolded? - I do not know.

May be he waited a quarter of an hour looking at you, and contemplating? - It was done as soon as possible.

Do you recollect your master's telling you that he had four persons to shew you, and that you told him it was quite unnecessary, for you should not know none of them? - No, Sir.

Do you mean to swear that nobody said so to you? - Yes, I do.

What situation was Armstrong in, do you happen to know that a handkerchief was thrust into his mouth, and that his

hands and legs were tied? - I do not know; I heard him speak, and desire them to spare that watch which lay on the mantle-piece.

May be it was for you to cook the dinner by? - I do not know.

Do you recollect any thing about Rapson when these people came to the door? - No.

Has you master a man of the name of Rapson? - Yes; I heard the men say, I have brought some work, is your master at home.

Did not the man say that Rapson had sent some work for your master? - Yes.

What was you doing? - We were going to tea, I was making a toast.

Are you still a servant in Mr. Chancellor's service? - Yes.

Court. You have not lived a month in the service? - No, Sir.

How long had Armstrong lived in the house? - I believe he had been there about a fortnight, he came after me, he was a workman, not a house servant, he did not lay in the house.

They asked you where your master's plate and money was, you told them very readily, that you did not know; did you in fact, know where the plate and money was kept? - I did not know where the plate was kept, I knew there were three dozen of spoons that were sent from Dublin.

Mr. Silvester. Was this your own watch? - It was not.

Prisoner Armstrong. She was taken to look at four men, and one of their names was John Grey , and she said several times in the hearing of Mr. Jones, that she could not swear to any of these, it was useless to go look at them. - I deny that.

JAMES SHAKESHAFT sworn.

I am one of the officers; on Thursday, the 9th of February; about half after seven, Mr. Harper, Onslow, and I, and Mr. Bamford were at the office, and there came a young man, and said there had been a robbery at a house in the Mint, it is not above five minutes walk; he said the house had been robbed, I went to the door, and there were the maid and Armstrong, I made what enquiry I thought proper, I waited till Mr. Chancellor came home, he saw his house was ransacked, and I told him I saw plainly this robbery happened by somebody that knew the house, and I advised him to give charge of the servants, he did so, the next day they were fully examined, the girl was discharged, at dinner time; the prisoner Armstrong says to me; I will make you a compliment, if you can set me at liberty, that was the next day after the robbery, Mr. Chancellor came at night to see how the business had gone on, I said to Armstrong, have you got any thing to say to the magistrate, before you go to gaol.

Mr. Garrow. This was after dinner? - Yes.

Was not Armstrong very drunk? - He was as sober as I am now; I told him what he had to say, he might say before the magistrate.

Was not that so communicated to him, and so understood by him, to your knowledge, that any thing he said might possibly be to his advantage, was not it under that impression; had not you previously prepared his mind by those sort of suggestions? - I did not know but what the magistrate would commit him.

My question is a very plain one, capable of a very plain answer? - I told him with a view that he might be an evidence.

But do not you believe that what he said was under an impression that it would be better for him? - He might say it with that view.

Was not it under such an impression? - I cannot tell but what it might.

Mr. Garrow. I object to this confession being received.

Court. I cannot receive his confession under that impression.

- TRIQUET, Esq; sworn.

I am the magistrate before whom this young man was brought, he was brought to my house near nine at night, he was

perfectly sober, as much as I could discover, I could not perceive him to be at all disguised in liquor, he was referred for a further examination, he came with two or three officers, I was informed that he wished to say something to me.

Court. Now before he told you what it was he wished to tell you, did you say any thing to him? - I told him I would go to my office, the clerk being there, it would be more convenient, besides there was a number of people; I went to the office, and when I came there, he wished to open his mind to me, he asked me if he could be admitted an evidence, upon telling me what he knew of the matter; I was a little cautious respecting what he might tell me, that perhaps it might not amount to sufficient evidence, and therefore told him, that unless he could produce sufficient evidence, with some of the property sufficient to convict two of the offenders or more, I could not promise any such thing; he then wished to speak to Mr. Chancellor; they went into another room, and had some conversation together; when they came in again, I asked them both what had passed, Mr. Chancellor told me that the prisoner had wanted to extort from him a promise not to appear against him, if his evidence should not amount to what we expected, and to bear him harmless.

Was that in the prisoner's presence? - Yes; I understood that something had been intimated by him on that score, upon which I was rather angry with Mr. Chancellor for having held a discourse of that nature, without acquainting me, for I thought he had no right or power to make any such promise, nor would I consent to undertake any thing for the prisoner, till he had absolutely recanted that before me, and declared that he would make no such promise; upon which Mr. Chancellor declared that he recanted what had passed, and that he would be under no kind of promise whatever.

Court. With the supposition you have stated, he had reason to expect he should be admitted? - Undoubtedly.

Court to Mr. Silvester. It seems to me that this confession cannot be received, though Mr. Triquet proceeded with proper caution; as to the fact of admitting him an evidence, he is guilty of no breach of promise in suffering this prisoner to be brought to his trial; for he is not a judge of what evidence will be given, and he makes a discretional promise; I cannot receive that confession.

Mr. Triquet. I meant to say, that when he was brought up again, he denied the truth of all that.

Mr. Silvester. Tell us any thing else you know, but the confession.

Mr. Garrow. You understand that you are to tell us nothing that he said to you of any sort, but you may tell us any facts? - I have a watch here which the prosecutor swore to; this watch was produced by one Hannah Oseley when Knotely turned evidence, a week since, she produced it before the Magistrates.

Were all or any of the prisoners present when it was produced? - They were present when it was produced by Hannah Oseley ; she said she received it from Burdett, in Burdett's presence; that he came to her about eleven on the night of the robbery, and brought it to her.

What did Burdett say to this? - He denied it all; this watch has been in my possession ever since; it is the same.

HANNAH OSELEY sworn.

Who do you live servant with? - With Mr. Knotely.

Which of the prisoners do you know? - Burdett.

When did you see him? - On the 9th of February, between ten and eleven; he gave me a watch, he told me to save it till my master came home; I delivered it to the officer; I told him my master was gone to a cock-fighting in Portpool-lane.

Did you see Burdett after that? - No.

Do you know any of the other prisoners? - I know Burdett and Brown by coming to my master's house; I know nothing of the prisoner Armstrong, having never seen him before.

Mr. Garrow. Mrs. Oseley, do you know Mrs. Moses? - Yes.

Where does she live? - In Woolpack-alley, Houndsditch.

What, with Mr. Knotely? - Yes.

She is your mistress? - Yes.

Mr. Knotely is your master? - Yes.

Which of the Moses's is this, is it the old fence or the young one? - She is no fence.

I see you know what the word fence is? - I do not.

No! why then how happened it, was it by intuition, or a strange illumination, you should know what I meant: how long have you been with this pious family of the Knotely's? - Off and on these two years.

Whenever Mr. Akerman did not find them servants, you attended them; how often has he been in trouble within these two years? - But once.

Only once! Was that for the assault with intent to rob, or for the burglary, or the murder? - Murder!

Oh, that you deny with both your hands; did you live with him when he was ordered for transportation for fourteen years? - No.

Did you live with him when he was ordered to the ballast lighter? - No.

Had you ever any conversation with Mr. Knotely about this watch? - When my master came home, he was very much in liquor, and he told me to save it till the morning.

The whole Friday intervened; now upon your oath, did not he desire you to keep it, in order that it might be evidence against some other person on a prosecution? - I offered it to Mr. Knotely; he told me to save it till he asked me for it; I never gave it to him afterwards. I kept it in my pocket, and directly as my master was taken, I put it under the stairs; my master sent for it.

So when your master got into the hands of the traps, then he sent for the tick; you understand that, it is no Hebrew to you; your master got into the hands of the traps? - Yes he did.

So you know what traps are then; upon your oath, did not he tell you that he should not be believed by a jury of Englishmen, unless you should confirm it? - He was going to make a present of it to somebody in the country.

You swear that? - Yes; I do not know the name of the person; I carried it to Mr. Wilmot's.

And there I suppose by a strange accident you was laid hold of; what way of business is your master in? - I do not know.

(The watch shewn to Mr. Chancellor, and deposed to.)

Prosecutor. This is one of the number that was lost.

RICHARD KNOTELY sworn.

Where do you live? - In Woolpack-alley.

Hannah Osely is your maid? - Yes.

Mr. Garrow. Do not you profess to be a Jew? - I am not a Jew.

Have not you sworn in the course of your life upon the Old Testament? - Not to my knowledge.

Have you never sworn with your hat on; have you always taken the oath as a Christian? - Yes Sir, I am one.

A great honour to any religious persuasion! What do you know of this robbery of Mr. Chancellor's? - On Thursday night Thomas Burdett came to me, and told me that Armstrong had been to tell him that his master and mistress were going out at six o'clock, and that if we would come, he would let us into his master's house; he had been with Tom Burdett about three, and a little before six he came to us, and told us that his master was gone out, and his mistress was going after him; we went and knocked at the door, and this Armstrong he opened it, and let us in, and he told us that his master had been to receive some money out of the bank, and that he kept it all in the one-pair of stairs, backwards, and the watches were in the two-pair of stairs forwards. We went in; Tom Taylor and Burdett tied the girl's arms, and I tied Armstrong's legs, he would not have his arms tied; and we went up stairs, and in the one-pair of stairs we found three ten

pound bank notes, and some watches; I asked to keep one of the watches, I gave them twenty shillings for it, they brought the money for the others; I gave the watch to the girl, as I was going to a cocking.

PRISONER BURDETT'S DEFENCE.

I know nothing about it; I have three people I wish to call in.

Court to Prosecutor. What time did you dine out that day? - Between two and three.

You said Armstrong understood from you that you had money in the house? - Yes, I mentioned to him three ten-pounds bank notes.

Did he know that you would return after you had dined? - He might, or he might not.

(The witnesses for the Prisoner Burdett called in, and examined separate.)

LAWRENCE BRIEN sworn.

I live at the King's Head, in Golden-lane.

Are you acquainted with the prisoner Burdett? - I have known him backwards and forwards ever since I kept the house; I remember his coming on Thursday the 9th of February; he continued in my house half an hour or better; he went out, he returned again, and supped, and continued afterwards at my house till twelve o'clock.

Who supped with him? - I was backwards and forwards in the room with him and my wife; his wife supped with him, and nobody else, but me and my wife; I did not see Mr. Webber; there were several in the tap-room; I am sure as to the day, because I received some money that day upon a bill that was owing me from a customer of mine.

Is that any thing particular? - I am sure that was the day.

Are you sure as to the time of night that he was there? - From nine till about half after nine, and then he went out, and then he came back, and staid till twelve.

What time did he come back to supper? - It might be ten, or a few minutes after or before; he was about half an hour absent from my house.

Mr. Silvester. You live in Golden-lane? - Yes.

Have you got your books here? - No, Sir.

What had he for supper? - Some mutton stakes; my maid went to call him when the stakes were ready.

THOMAS WEBBER sworn.

I live in Golden-lane; I am a butcher, I live with my father. I know nothing particular of Burdett, I have drank with him several times; I saw him last Thursday fortnight, I promised to have some mutton steaks with him, but I did not; in about a quarter of an hour or twenty minutes after, I went to Brien's, and there was Mr. and Mrs. Brien, and Burdett and his wife; I staid drinking with them till twelve at night; he came in between nine and ten, and I suppose it might be twelve when he went away.

DIANA MASON sworn.

I live in Golden-lane, I am a married woman. The evening of the 9th of February, I went into Mr. Webber's shop, and Mr. Burdett came in, and desired some mutton chops, about half after nine, Mrs. Johnson, that is Burdett, I meant to say Burdett -

Who put it into your head? - I do not know that I said Johnson, I do not know a Mrs. Johnson; she went away, and came in a quarter of an hour after with the prisoner Burdett, and I left Mr. and Mrs. Burdett at Mr. Webber's; I believe they supped next door.

PRISONER ARMSTRONG'S DEFENCE.

The circumstances of the robbery have been misrepresented: I went down to tea, the maid was toasting a toast at the fire, and there was a knock at the door, it was a gentle rap; the maid desired me to go, I asked her to make me some toast; she said, will you go to the door, I said yes, without any hesitation: when I went to the door, I asked who was there, I was immediately asked if

Mr. Chancellor was at home; I said no; somebody said it is Rapson; I opened the door, and one man rushed in, and put his handkerchief over my face, and immediately Knotely rushed in; they swore bitterly; then they bundled me into the kitchen, and then I saw the tail of the maid's apron over her face; they staid about ten minutes up stairs, and came down; they wished one another a good night: there was a watch on the mantlepiece, one of them, the man that stood over me, said this watch was his; I said, do not touch it, it is my property; they went out, and shut the door, I got one arm untied. What I wish to speak is through humanity; when the maid was brought to swear to four men, she said it was all in vain, she could not swear to any of them.

THOMAS BURDETT , GUILTY , Death .

SAMUEL ARMSTRONG , WILLIAM BROWN ,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Court to Armstrong. It will be happy for you, if the escape you have had should be effectual to your amendment; but there is too much reason to fear that it will only operate to the commission of fresh crimes, in which case you can expect no mercy; in the present instance, a strict adherence to justice, on the part of the jury, has saved your life.

Reference Number: t17860222-46

237. THOMAS JONES and GRAY BLANDFORD were indicted for feloniously stealing, on the 12th day of January last, one half pound weight of stone blue, value 1 s. the property of Edward Dyson and Robert Boyfield .

THOMAS YOUNG sworn.

I am servant to Messrs. Dyson and Boyfield, grocers , on Ludgate-hill. I made out the bill of parcels which was taken from the prisoner Jones, and about half after seven at night, I tucked it under the string of the parcel which the porter took, which was a paper of stone blue; it was twisted underneath; it was impossible for it to tumble out, it must be taken out by somebody.

- DENNER sworn.

I am a porter to Mr. Dyson. I left the shop about ten minutes before seven; I took some things packed in a basket on my head, and half a pound of stone blue in my pocket: as I was going up Fleet-street , I missed it; I saw nothing of the prisoners, I do not recollect them at all; there was a bill of parcels tucked under the string; this is the bill of parcels, I'll swear to it; I never saw the prisoners till I saw them at Guildhall.

WILLIAM MARCH sworn.

I am constable; I only received this from the patrol, Mr. Woollet, which is some blue, the outside paper is worn out, it is a whitish brown paper, coarse paper; I have kept it ever since.

JOHN BUTLER sworn.

I am patrol of the parish of St. Dunstan in the West, on the 12th of February, we met the two prisoners the corner of Chancery-lane, my partner stopped Jones, and the other run across the way in Fleet-street, I ran after him, and opposite St. Dunstan's church, I laid hold of him; I particularly asked him what he had, and he said nothing, I said to him, then why did you run away? he made no answer; I took him to the watch-house with Woollett who assisted me, there he was searched, and this blue found, and I asked him how he came by it, and he said he bought it in Cheapside, and gave a shilling for it; I saw Jones searched, and there was a bill of parcels taken from him, he said he picked it up; the prisoners were coming together in conversation, I knew them, they were both walking the same way.

RICHARD WOOLLETT sworn.

At about a quarter after seven this night, Butler laid hold of Blandford, and I saw

him run, and Butler after him; I saw Blandford put his hand in his pocket, I laid hold of his hand, and perceived he was pulling a paper out of his pocket, which I prevented, and just as I was going into the door, I pulled it out myself; Butler was close to me at the time; I asked him what it was, he said it was some blue, he had bought for his mother, I do not recollect he said where; when he came in Denner had brought Jones in, and we examined him, and found a bill of parcels which is now in Court, that was given to Mr. March.

Did either of them say any thing when they were examined? - Jones said, he picked the bill of parcels up in the street; and we told him it was not likely that he should pick it up in the street, because it was a very wet night; there was not the least soil on the paper.

PRISONER JONES'S DEFENCE.

I found this bill on a cellar window in Fleet-street.

PRISONER BLANDFORD'S DEFENCE.

I am out of work at present, I live with my mother; she is out a nursing a young woman in Wine-office-court, Fleet-street, and she washes for several of us; she has six of us to maintain, and she told me sometime in the day to get her some blue, and she gave me a shilling; I bought it at a grocer's facing Woodstreet, Cheapside; I do not know his name.

March. There is a tea-dealer facing Wood-street, I am sure he does not sell stone blue; I called there, and they said, they did not sell blue.

BOTH GUILTY .

Each t ransported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-47

238. JOHN KNIGHT was indicted for feloniously stealing, on the 21st day of February , one quart pewter pot, value 1 s. and two pint pewter pots, value 1 s. the property of Edward Witham .

EDWARD WITHAM sworn.

I am a publican , I keep the Green Dragon, on St. Andrew's-hill, Black-friars ; I saw the prisoner in my house on Tuesday last, the 21st instant, about three; I was shewn some pots by Mr. White, which were mine, I have seen the prisoner at my house before; he says, he is a bricklayer, I am sure when I went out, the day I lost the pots, I left him in the house.

JOHN WHITE sworn.

I am a publican, I keep the Sun on Addle-hill, the prisoner came into my house last Tuesday the 21st, he sat drinking in my house, I suspected he had something in his pocket that he should not have; I saw the mark of a pot in his pocket, and I accused him, he took a quart and two pints out of his pocket, and he said, he had bought them, there was the mark within on the pots, with the Green Dragon; I sent to Mr. Witham that evening, and he came and sent for a constable, the constable took the pots.

(The pott deposed to.)

I was insensible, and I suppose these things were put into my pocket out of spite.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-48

239. GEORGE LYONS and THOMAS HOPKINS were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Bowers , about the hour of eleven in the

night, on the 9th day of January last, and burglariously stealing therein, two leather pocket books, value 4 d. a pair of leather shoes, value 2 s. a guinea, value 1 l. 1 s. and eighteen shillings in monies numbered, and sixty copper halfpence, value 2 s. 6 d. his property; a bank note, value 10 l. a bill of exchange, dated the 30th of October, 1782, drawn by Edward Flanhagan , on Henry Evans Williams , at the Victualling-office, London, for 65 l. thirty days after date, the bank note and the bill of exchange, at the time of the said felony and burglariously, being the property of the said Thomas Bowers , and the several sums of money due and payable thereon, being then due and unsatisfied .

THOMAS BOWERS sworn.

I live at No. 73, Cable-street, Whitechapel . I went to the other end of the town on some business, on the 9th of January, I went from home, about half past nine in the morning, I returned into the neighbourhood about ten minutes after ten at night, I went to the public house to pay the coachman that brought me home, and one of the evidences asked me to give him something to drink, and sometime after, my wife came to me, and I went home about thirty-five minutes after ten; as soon as my wife opened the door, she said the place had been broke open, and I saw the top drawer of the room where I lay, broke open, the back window was broke open, and my back door that joins to the yard.

In what manner was the window broken? - The sash was broken, and there was a shutter on the inside that bars across, and a soldier's bayonet was put through as a staple, and that was broken; on the ground floor there are three rooms, and this was the middle room, and the drawers that were in it were broken open, when I look-in it, I missed my two pocket books, and a little box with a guinea in gold, and eighteen shillings in silver; one of these pocket books contained a bill, on Mr. Henry Evans Williams , at the Victualling-office, for prize money, for 65 l. in the same pocket book, there was a ten pound bank note, I cannot say that I missed any thing else particular, but a new pair of shoes and a handkerchief, and a pan with some halfpence in it, I look upon it there might be three or four shillings worth, I cannot punctually say to the number.

ELIZABETH BOWERS sworn.

My husband went out in the morning of this day that I was robbed, I went out a little after ten at night, and returned in about half an hour, I left nobody in my house at all.

Did you leave your doors and windows all fast? - Yes.

Do you recollect particularly, whether the back window was fast or not? - Yes, it was.

How was it fastened? - With two bayonets and a bolt, the bayonets were put through to keep the staple as pins to the bolt, there was an inside shutter.

What did you go out for at that time of night? - The prisoner Lyons came to my house, and told me that my husband was come home very much in liquor in a coach to the Blakeney's-head at the corner of Shorter-street, Cable-street, and that he was going to fight with the coachman; there was another came with Lyons, they went away, and I went to look for my husband directly.

How long was you gone? - About half an hour.

Did you find your husband drunk as you had been told? - Yes, he was a little the worse for liquor.

Was he quarrelling with the coachman did you find? - No, he was paying him when I came in.

Had there been any dispute? - Yes, I believe there had.

Then what Lyons told you was true? - Yes, when I came home I found the house in the condition that has been described by my husband.

Are you sure that the back window was fastened, when you went out? - Yes.

Was the back door of the house shut? - Yes, it was fastened; I heard nothing more that night, I know nothing more respecting the robbery, or against the prisoners.

THOMAS TAYLOR sworn.

On the 10th of January, at three o'clock, Mr. Bowers brought one John Farrel to our house, and insisted on my locking him up, for he said he was one of the men that robbed him; my house is No. 8, Wel-close-street, Shorter-square; I am Head-borough.

You had heard of the robbery I suppose before? - No; he charged him with robbing his house; I locked him up in the watch-house.

How came you not to carry him before a Magistrate? - There was never a one siting then, I kept him there till six o'clock, and Mr. Bowers, came in, we were going to carry him to the Justice's, and he proposed to Mr. Bowers, that he would make a confession where his property was, provided he would admit him an evidence, and Mr. Bowers promised he would, if he could prevail on the Magistrate; then he told where the things were, and we took him to the Black-lion, Saltpetre-bank; and we found these two pocket books, and the bill on the Navy-office.

You found these two pocket books where Farrel had directed you? - Yes.

Whereabouts in the timber yard were they laying? - Close by the wall, I saw them laying there; then we took him before the Justice, and he was admitted an evidence that night; I took George Lyon out of bed, I found him in an alley in Cable-street, just by the prosecutor's house, I searched him, he had about seven or eight shillings of his silver in his pocket; none of the property was found upon him.

Have these been in your possession ever since they were found? - These papers which belong to the Sun Fire-office were found at the same time, with the books, they were not in the books, they had laid all night in the rain, they were wet.

GEORGE TAYLOR sworn.

Having information against Thomas Hopkins , I and two more went and took him at the Two Brewers, in the Maze, in the Borough.

When? - The 27th of January.

Did you search him? - No.

Did you find any thing upon him? - No.

Did you ever hear him say any thing? - No further than I went into a public house, and I called for a pint of beer, and I saw him sit, and he jumped up, and run out at the back door; I followed him directly, and he said, if he had known what I had been after he would have cut me in pieces.

Did he say any thing about this robbery? - No, not that I know of.

BENJAMIN NASH sworn.

On the 9th of January, I was in search after Lyons and another man that had got away from me, and I found them both in bed together; I never heard Lyons say any thing concerning this robbery; I went after the other, I could not find him, on the 27th of January I apprehended him, I searched him, nothing was found upon him, I put him in the coach and Dorman, and he swore d - n his eyes, when I was bringing him in the coach from the Borough, he was talking about the robbery of Bowers's house; he said, he could not blame Farrel for what he had done, for he had been cheated as well as him, for Lyons had cheated them both.

Was it mentioned before you, that Farrel had turned evidence? - He knew it.

How do you know? - He asked me whether Farrel had turned evidence; I said, I believed he had, but he had not been sworn, nor I do not believe he had at that time; he then said, he could not blame him for he had not above five shillings and three pence or five shillings and nine pence, or something of that kind, any more than he

had, for Lyons had slanged him out of the ten pounds note, I am not sure to the exact sum, it was above five shillings; he said, that Lyons he had heard, had offered the note to change, but he would be d - d if he told where Lyons had offered it.

Did he say any more? - No more.

Had you, before he said this, made him any promises of giving him any expectation of favour, if he confessed any thing? - No, my Lord, he did not expect it, he judged that Farrel had turned evidence.

RICHARD DENMORE sworn.

I know nothing more, than on the 9th of January, I suppose it might be about twenty minutes before eleven, the two prisoners Farrel and another man, came into the Black-boy, Salt-petre-bank, where I lodge.

How came you to remember it was that particular night? - Because I lodge in the house, I remember the day of the month very well, because I saw it put down in the book before Justice Staples; I told it to the Justice the day after, the 10th.

What did you hear them say, or see them do, after they came in? - They called for a pot of beer, they drank once, and they called me by my name, and said Denmore, will you have any beer; I saw them do nothing, but I could perceive them have some papers, but what they were I could not tell, I saw no more.

What sort of papers were they? - I cannot tell.

Had they any book? - No, I did not see any book.

How long did they stay? - About six or seven minutes, they only drank once a piece out of the pot.

Did you hear any conversation about these papers? - No, I did not.

Did they all go out together? - Yes, they did, they came in together, and they went out together.

You did not observe what papers they were, nor you did not see any books, I think you say? - No, I could not perceive any books, but in the morning when I came down stairs, the boy shewed me a clasp of a pocket book, and he asked me what it was.

Court. Is that boy here? - No, he was bound over, and he is gone out of the way; he picked up a clasp, and asked me what it was, I shewed Bowers the clasp of the pocket book.

Did you see the boy pick up the clasp? - No, I did not, he shewed it me, at eight o'clock in the morning, when I came down stairs, he said, he picked it up in sweeping out the tap-room.

Do you know what is become of that boy? - He is gone into the country where he came from; he got too saucy, and the landlord discharged him.

How long ago was this that he went away? - I dare say it may be a month or better than a month.

How came the landlord to send him away? - Because he found he would not do any thing that he bid him.

What part of the country did he belong to? - Some part of Essex.

The landlord knows, does not he? - I do not know.

Nash. I went by order of the Justice, to enquire about him, and the landlord said, he did not know any thing about him, he was gone away.

Court to Dinmore. You cannot at all tell what sort of papers you saw them have? - No, I cannot indeed.

Nor you did not see them with any book? - No, I did not.

Jury. How old was that boy? - About thirteen or fourteen.

Court. That boy ought not to be out of the way.

CHARLES DORMAN sworn.

I was at the apprehending of Hopkins, I know no more than Nash has said.

JOHN FARRELL sworn.

Relate what you know of this matter? -

Please you, my Lord, about the 9th of January, a little after ten, as nigh as I can guess, Mr. Bowers came to the sign of the Blakeney's Head, the corner of Shorter's-street; I asked him for something to drink, he gave me a pot of beer; he was a little in liquor, and he came there with a woman; and Lyons said, let us go and put Bower's wife flash, it will be a good piece of fun, and make a blow up, and at the same time we may do his panney, and I said it will do very well, it will be a very good scheme.

What do you mean by doing his panney? - Panney is the meaning of the house, they call the house the panney; with that George Lyons and Thomas Hopkins went out to Mr. Bowers's house, but I staid in at the Blakeney's Head; I cannot tell whether they went or no, and they staid about two or three minutes, and Mr. Bowers came in, and I began to talk to him about his coming home, when Mrs. Bowers came in, George Lyons , Thomas Hopkins , and Thomas and I went out; I was the last; they went to Mr. Bowers's house immediately, and Lyons got over the yard, and opened a back gate, and from thence he went to the back of the house, and broke a little window that was at the back of the house, and opened the door; then he got in, and he opened the back door, I was in the yard at the same time; they all three went into the house, and Thomas Hopkins says to me, Jack, do you go and look at the front of the house, you need not be afraid, there shall be no slanging in the house.

What do you mean by that? - That there should be no cheating, that I should share the same as they did; with that I went to the front of the house, and staid about five or six minutes, as nigh as I can guess, and when I came back, they were all come out, and Thomas says to me, I have got a pan with some halfpence, and Lyons says to me, I have got the pocket-books, and under Thomas's jacket I saw something bulky, and I asked him what he had there, and he said it was a new pair of shoes; then we went to the Black Boy, and had a pot of beer, and was overhauling the pocket-books; I saw nothing in the books, only two Insurance policies, and some leases of houses; and Lyons said, I will go out and ding these things; we said, do so; he went out, and he might be out about three or four minutes, then he came, and said, I have dinged them over the wall into the Deal-yard; then we left the Black Boy, and left Thomas to sell the shoes; Thomas came to the Shovel in East Smithfield, and he sold the shoes for three shillings; and the halfpence were two shillings, and we shared fifteen-pence a man; then we came up to Blakeney's Head, and had two pots of half-and-half; and so after that we parted.

How did you know there had been any bank note in the book, and that Lyons had cheated you? - I did not know that there had been any bank note, before Mr. Bowers swore it at the Magistrate's; but as to the guinea, Lyons confessed to me in the watch-house, that Hopkins saw him fumbling; says he, I have got some lour here, we can have them for this, that meant, he could cheat us; with that, he pulled out twelve shillings, and gave Hopkins six shillings, and amongst that six there was one guinea in gold, that Lyons confessed to me in the watch-house.

You do not know whether Hopkins knew any thing of the bank note? - No, I do not.

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

Reference Number: t17860222-48

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 22d of FEBRUARY, 1786, and the following Days;

Being the THIRD 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 III. PART VI.

LONDON:

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

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 Lyons and Thomas Hopkins .

PRISONER HOPKINS'S DEFENCE.

When I was taken up, this man took me to the alehouse to the other side of the water in Tooley-street, and he called for hot, and some gin, and some beer, and when we came in the coach, now, says he, I do not care, I want I new coat, I shall have a great coat this winter; says I, do you want my coat, for you have torn it very much; then he up with his stick, and hit me over the head.

Do you mean to say you were in liquor? Yes, I was.

Court to Nash. Was he in liquor? - No, quite sober, seemingly to me.

PRISONER LYONS'S DEFENCE.

I have no more to say, than this man came and broke the door open where I was asleep, and took me out of bed.

The prisoner Lyons called two witnesses to his character.

Taylor. In the pocket-book I found this note on the Victualling-Office for sixty-five pounds.

Court to Prosecutor. Look at this pocketbook, and at that note? - I have no manner of doubt, on looking at them; here is my name in this book in fifty different places.

Jury. Hand up the book and the clasp here.

GEORGE LYONS , THOMAS HOPKINS ,

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-50

240. JOHN TOPING was indicted for feloniously stealing, on the 16th day of February , one silver table-spoon, value 10 s. the property of John Dixon , Esq .

MARY GROVES sworn.

I live with Mr. Dixon; the spoon was lost yesterday was a week, the 15th; the prisoner is a chimney-sweeper ; at seven o'clock he was in the kitchen; the boy went in the kitchen before me, and when I came in, I missed two table-spoons, which I left there the over-night; I am first up in the morning, and last a-bed; I missed the spoons, but thought he had not time to take them, when I missed them, I asked him if he had

swept any other chimnies in the court, he said yes.

What court was it? - Church-row , No. 3; I went to Mrs. Solomons, to ask if they knew the man's name that swept their chimney, and desired them to send for him to sweep another, by which means the man was taken.

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

JOHN PARRY sworn.

I had an order from my master to fetch the spoon out of pawn from Mr. Davidson's at London Wall; I found one spoon, with my master's crest upon it, the other was sold in Bishopsgate-street.

BARTHOLOMEW SOLOMONS sworn.

I took the prisoner, and put him in the watch-house.

MARY SOLOMONS sworn.

Mr. Dixon's servant came to my house, and said she had lost two spoons; I shewed the servant the prisoner, and she said that was the man.

Mr. DAVIDSON's SERVANT sworn.

I took the spoon in of the prisoner, I know the prisoner; he brought the spoon on the Friday, and it was taken from us by Mr. Dixon's coachman, Parry.

Court to Parry. What day did you get the spoon from Davidson's? - On Friday, and delivered it to Mrs. Solomons at Guildhall Mr. Dixon gave his servant a pattern spoon to shew the Alderman, who gave them to Harrison the officer.

- HARRISON sworn.

(The spoon produced.)

How can you tell which is the spoon; was the spoon that was stolen marked?

Mr. Dixon. The spoon I sent by my servant has a dent in the bowl, which he has, and the spoon stolen, which was given to the officer, had no dent in it.

PRISONER's DEFENCE.

I had swept several chimnies that morning; as soon as we have done work, we sift the foot, among which I found this spoon, and not knowing whose it was, I pawned it in my own name; I never was before an Alderman in my life.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-51

241. JOHN HARWOOD was indicted for feloniously stealing, on the 14th of February , a silver table-spoon, value 9 s. a stone breast-pin, set in gold, value 5 s. a linen shift, value 3 s. a pair of cotton stockings, value 18 d. a man's sattin waistcoat, value 5 s. a silk handkerchief, value 3 s. a pair of shoes, value 6 s. a pair of silver buckles, value 10 s. a stone stock-buckle, set in silver, value 2 s. twenty-one shillings in monies numbered, and one counterfeit shilling, the property of Joseph Constable , in his dwelling house .

JOSEPH CONSTABLE sworn.

I live at the Pied Bull at Holloway ; on the 14th of February instant I lost the things mentioned in the indictment; about twelve at noon the spoon was found upon the prisoner; the prisoner lodged at my house; I missed the things the same night, the prisoner had left my house; the prisoner came in about eleven, and sent for a pint of beer, and some bread and cheese, and then he left the bread and cheese, and went up stairs, and did this robbery: I came in from the garden, where I had been digging, and I met him coming down stairs; he then went and took his bread and cheese, and said, landlord, I will settle with you to-night all I owe you, and he went out directly, he has never been at the house since, I never saw him after till he was brought up before my Lord Mayor.

Where was he taken up? - At London Wall; the pawn-broker stopped him.

JAMES CREIGHTON sworn.

I am a pawnbroker at London Wall, I know the prisoner; on the 14th of February, about nine at night, he came into our shop with this spoon to pledge. (Produced.) I asked him whose property it was, and he said it belonged to his brother, and then afterwards he said it belonged to his brother's master, that lived at Shoreditch; I told him I would go with him to his brother's master to Shoreditch, and going by Bishopsgate church-yard, he ran down there; I missed him directly; he said his name was John Harwood .

Did he tell you where he lived? - He said he worked at a cow-house, he did not say where he lived; I ran after him down Bishopsgate church-yard, and caught him just going into Broad-street; I then told him I would not go any further with him, but I would take him back to our shop at London Wall; we sent for a constable, and sent him to the Compter: the next day, we had him up before the Lord Mayor; he desired us to advertize the spoon; we did so, and the prosecutor came and claimed it.

PRISONER's DEFENCE.

On Monday I went to go to work at my master's at Islington, and he had nothing to do that day, and in my landlord's house we were playing at cards, and there came in a disorderly woman and a man, I took them, my Lord, to be nothing but whore and rogue, for his breeches-knees were all over dirt; and we played at cards for three pots of beer, and I played with him, and in the mean time my landlord winked at me, and I winked at him, and he says I should not grudge that woman sixpence to go up stairs with me; the woman went out first, and he followed her, and we drank our beer; they were gone about half an hour, and I said, where have you been? and he said, what is that to you, and then the woman came in again, and they went up stairs together; the next morning I got up, in order to go to work; my master was gone to London, then I thought as I could not go to work, I would go and fetch me a clean shirt; and going along I found this spoon honestly, and will be bound for it, it had been hauled out by somebody that had stolen it.

Court. How long have you lived at Mr. Constable's? - Seven days.

What made you run away from the pawnbroker? - Because they said, they would keep the spoon, I have not a friend in the world but you my Lord, and the Gentlemen of the Jury, notwithstanding that the prosecutor keeps a very bad house, and is never in bed till one or two in the morning, and last Sunday morning, he came to bed at two o'clock very drunk.

Prosecutor. I shut up every night at ten, I have nothing to do in the night.

GUILTY, 39 s .

To be transported for seven years .

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

Reference Number: t17860222-52

242. WILLIAM ATTERBURY was indicted for feloniously stealing, on the 10th of January last, one piece of white baize containing forty-six yards, value 36 s. the property of Thomas Bowerbank , and Samuel Hague .

HENRY BARRS sworn.

I am a cartman, I was employed to carry these goods, I delivered them safe, there were four pieces, and I had seven pieces returned, it was about six in the evening, as I was returning in the Minories , the porter who was with me, says we are done, and I looked and saw a man taking a piece out of the cart, I saw the man while he was behind the cart with it, I saw the man run away, he took it in his arms, and put it upon his left shoulder, he crossed the street, and whether he dropped it on the pavement or in the kennel, I cannot say, but it rolled in the kennel, I pursued him, the porter took up the goods, and carried them to the cart, and I saw the prisoner taken before I left him again.

Was he ever out of your sight? - No, Sir, never.

Did you see him drop the goods? - Yes.

Mr. Silvester; Prisoner's Counsel. What o'clock was it? - About six, the moon shone very bright, I was upon the pavement, the prisoner came behind on the off-side of the cart, it was wrapped up in a tilt, I was on the near side, the prisoner was taken, and carried to the watch-house, and he was rescued.

JOHN PARTRIDGE sworn.

I was with the cart, I saw the man take a piece out of the cart, and put it on his shoulder, and walk off with it, I was told by the carman, that he was taken directly after by the patrol; I took up the goods, I saw them drop off his shoulder, and I picked them up, I was close by him when he dropped them.

Did you see him stopped? - No, I did not, the carman saw him stopped.

What were the goods? - They are here, it was one piece of baize, and I directly put the goods in the cart, and took them home and delivered them to the warehouse-man, his name is Sexton.

Mr. Silvester. Then you saw some man take some goods, and then you took them, and put them in the cart? - Yes.

Court. Do you know the man by sight who took them? - Yes, I should know him.

Look round.

(The witness pointed to the wrong man, and said,

"To be sure I was wrong.)

Court. Look round again? - That is the man.

Mr. Silvester. How came you to pitch upon this young man? - He was laying down so, so I took him to be the man.

WILLIAM BOX sworn.

I was one of the officers of the night, I took charge of the prisoner, it was the 10th of January, the man was brought before I got into the watch-house; one Solomon Davis gave me charge of the prisoner, we tied him with strings round his arms, for fear he should get from us, and at the end of Basinghall-street, he was got from us; knives were drawn, and a gang met us, and cried d - n your eyes! come cut away, come cut away, and when he got away he turned round and said d - n your eyes, what do you want with me, there were three that rescued him, I am sure this is the same man, he was taken up about a fortnight afterwards, we had him in the watch-house with a light, I should know him from a thousand.

Mr. Silvester. Was it a moon light night? - I cannot pretend to say.

You had like to have got into disgrace about this? - Yes, there were two of us, Davis and I, Davis is a constable.

The ward suspected you had touched a little? - I believe they did.

But you are sure you did not? - Yes.

SOLOMON DAVIS sworn.

When I came into the watch-house, the man was in the watch-house.

Who else was in the watch-house? - I cannot particularly say, there was one Mr. Budgen, a coachman, a carman, and a porter, we gave charge of the prisoner, he got away afterwards, that is the same man, I am sure of it.

Mr. Silvester. You was sworn upon the Old Testament, I hope? - Yes.

There were a great many people in the watch-house? - Yes, several.

Who brought this man in? - I cannot tell.

What are you? - A constable.

How many of you went towards the Compter? - William Box and me.

What light had you in the watch-house? - Only one candle.

JOHN DUNGEN sworn.

I am a patrol, there was a hue and cry of stop thief! and I took the prisoner into custody, to the watch-house.

Who gave you charge of him? - The carman and Mr. Birch, this is the carman, the prisoner is the same man I took to the watch-house.

Mr. Silvester. What kind of a night was it? - It must be dark.

Was it light? - I cannot positively say whether it was light or dark; I did not know him before.

Court. Do you recollect whether it was moon light? - No, I do not.

Mr. Bowerbank. The goods were brought back to my warehouse that night.

Was the piece delivered to you, that was said to be taken from the cart? - It was a piece of baize, it had a particular mark upon it, it is my property, I am clear of that.

Prisoner. I never was in this man's custody, I know none of them; I was apprehended by one Mr. Jealous walking along the street, and they sent these men, and they came and swore to me.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-53

243. FRANCIS PHIPPS was indicted for burglariously and feloniously breaking and entering the dwelling house of William Ward , about the hour of twelve in the night, on the 27th of January last, and burglariously stealing therein, one wooden box, value 6 d. a screw, value 9 s. an oil stone, value 8 s. a chissel, value 8 d. the property of William Margisson the younger ; one hand saw, value 6 s. another saw, value 5 s. a wooden plough and irons therein, value 10 s. an oil stone, value 6 s. a saw, value 4 s. a hammer, value 4 d. a slide rule, value 2 s. a broad axe, value 4 s. the property of the said William Ward .

WILLIAM MARGISSON the younger sworn.

I am apprentice to Mr. William Ward , he lives at Great Ealing , and keeps a house there; I lost the things mentioned in the indictment, the great box was found, and the things were lost on the 27th of January, I saw them the same night, I put them in the chest and locked it.

WILLIAM WARD sworn.

I am a carpenter and housekeeper, my shop was broke open, my shop is a separate building from the house, about ten feet, but all within the wall, the lad John Atkins that is here, was the last person in the shop; I arose a little before seven in the morning, and when I came there I found the tools of my chest on the bench all taken out, and the things mentioned in the indictment that belonged to me, all taken away; I never saw the tools again, I know nothing of the prisoner, I have no reason to charge him, but from the great box being found in his lodgings.

CHARLES YOUNG sworn.

The prisoner was apprehended the 6th of February, he was offering three oil stones and a hand saw to pawn; he was brought to the office, and delivered into charge; I and another went and searched his lodgings, he told us where he lodged, and I found this great box, and this hammer, a pair of compasses, a rule and a chalk line, between the bed and the sacking; and I found two duplicates; I went to the pawnbroker's, and I found some things, but I found no owner to them; upon further examination, I asked him where he got this great box, and he said, his brother gave it him; I asked him how long he had had it, and he said about a month, he said, it was above three weeks; why, says I, the young man has not lost it above a fortnight to day, then the young man came and looked at it, and he said he had put in a screw, and broke it, since that he had put a nail in; the things that were found were advertized, and the parties came in consequence of that; he gave me that description of the box before he saw it; he said, the screw was broke, and he had driven in a nail.

Margisson. This is my box, I know it from the nail, and the screw that is in it.

Such a thing might happen to another box? - I made it, I am sure this box was that evening in my closet in the shop, the evening of the 27th.

Atkins. I found this stick under the prisoner's bed.

(A large ash stick.)

Court to Young. Do you know the prisoner? - He said, he was going to work upon the keys, his wife said, he was a carpenter, and his landlord said, he was a wheeler.

WILLIAM PICKERING sworn.

I am a constable, I searched the prisoner's lodgings, and I found these tools that are here produced, concealed under the bed, there was a basket and bag, but nothing of any consequence; and this stick was laying under the bedstead, I asked him what business he was, he said, he was a working man on the keys, and his brother had given him these tools, they were his lodgings where we found the tools, the woman said, they are my husband's, he is a carpenter, but his landlord said, he believed he was a wheeler.

JOHN ATKINS sworn.

I live with Mr. Ward at Great Ealing, I am his apprentice, he is a carpenter, his shop does not join to his house, but it is in a court-yard surrounded by a wall intirely; on the 27th of January last, I shut up his shop, it was locked and fast about five o'clock, I kept the key of my master's chest, that was locked; one of the doors of the shop was fastened with a bolt, the door I went out at was locked and fast, the third door was fastened with a staple; I went to the shop in the morning about seven, I took the key out of the kitchen.

In what state did you find the shop? - I got in at the window, and opened the two doors, there was a pane of glass to the window broken, and a board nailed up, and that board was pushed down, that hole was large enough to get the prisoner's body in, when that board was torn down; these two doors were both fast; when I shut up shop I locked the door next the kitchen: my master's chest and Margisson's chest were both open, the hinges were off Margisson's chest, and some of the tools were taken away; I had put my master's into the chest the night before, and the things belonging to him mentioned in the indictment were missing, I know nothing of the prisoner.

PRISONER's DEFENCE.

I have a brother gone to the East Indies, carpenter's-mate, and these tools belonged to him, and he gave them to me.

Have you any witnesses to call to prove this? - No, Sir, I cannot say I have, I am an entire stranger indeed, only my landlord.

Court to Young. How came you to search the lodgings of the prisoner? - Because he told me where he lived, he was stopped with three oil stones, and a hand saw which are not claimed at all, some carpenters who had lost their tools, were going after their tools to different shops, and he run out of one of the shops as they came in.

Jury to Young. You say nobody owned this stock, and bit, and plough.

Prisoner. They all belong to my brother.

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

Transported for seven years .

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

Reference Number: t17860222-54

244. MARGARET DAWSON was indicted for feloniously stealing, on the 12th of February two cotton gowns, value 12 s. one pair of cotton stockings, value 10 d. a black silk hat, value 12 d. a cloth cloak, value 12 d. a linen shift, value 10 d. a pair of shoes, value 2 s. a linen apron, value 12 d. two check aprons, value 12 d. three caps, value 12 d. two muslin handkerchiefs,

value 12 d. a dimity petticoat, value 2 s. three pair of lace robins, value 6 s. a linen petticoat, value 5 s. one ring, value 20 s. one hoop garnet ring, set in gold, value 20 s. one other ring, value 10 s. a foreign silver medal, value 2 s. six dollars, value 27 s. a French crown, value 4 s. 6 d. a piece of foreign gold coin, value 3 s. 4 d. a guinea, value 1 l. 1 s. a quarter guinea, value 5 s. 3 d. twelve crowns, value 3 l. nine half crowns, value 1 l. 2 s. 6 d. thirteen silver threepences, value 3 s. 3 d. nine silver fourpences, value 3 s. one silver twopence, value 2 d. five silver pence, value 5 d. two pieces of copper coin, called farthings, value an halfpenny, and twenty-one shillings in monies numbered , the property of Joseph Shetley .

JOSEPH SHETLEY sworn.

I know the prisoner, she was servant to me; I lost the things mentioned in the indictment on the 12th of February. On Sunday last my wife and me went to take a walk after dinner; we went out between two and three, my wife came home first, I did not return till she sent for me, it was about seven, and when I came home, I found her in great confusion, the house was robbed, and the girl gone away; I enquired where she came from, and I heard she came from Liverpool; I accordingly enquired at the Golden Cross, Charing Cross, and describing her, I heard she was gone off by the Chester coach, which went off that evening about seven; they said I might overtake her at Mims; I took postchaise with Mr. Lowe, and at St. Alban's we overtook the coach, and on the roof of the coach we found the prisoner; I then desired her to come down; she had told the coachman she had a bundle, and she acknowledged that to be her's; we then went into the Bull, and when we came in, Mr. Lowe said, you have some of your master's property about you; she made no reply, but put her hands into her pocket s, and took out these things, of which this is an account; I kept the things separate till I returned, and I took the account of them myself; they were tied up first in the purses, and these two boxes, containing the things in the indictment; I cannot swear to the money, but there is a three-and-fourpence-halfpenny piece which I know, and here is a remarkable mourning ring written within-side, that I have no doubt of being my wife's, I have the fellow of it at home; there is another ring likewise, which has my name in it, J. S. In general, the things in the indictment were all found upon her, except a guinea which she paid to the coach.

What did she say for herself? - She said nothing for herself; on coming home, I asked her if any body was concerned with her, and if she would let me know who was concerned with her, I would be easy with her, and she said no; when she came back, I brought her back in the chaise, she took out her own things, and left the remainder, which Mrs. Shetley will speak to. This is the bundle which was taken from her.

FRANCES SHETLEY sworn.

(Deposes to the Clothes.)

Court to Mrs. Shetley. What may be the value of the things in the bundle? - Two guineas.

Prosecutor. I know we had all these crown-pieces and foreign coins, and we had not them on the Sunday night.

What may the value of the rings be? - Two guineas.

WILLIAM LOWE sworn.

I went with the prosecutor, and stopped the woman, but I should not know her again, she is so much altered since; I saw the bundle produced, which she acknowledged to be her's; I asked her, when she came off the coach, if she had any thing about her; she made no reply; I asked her if any body belonged to her in the coach, she said no; then we took her into the house, and she produced the purses with the money, and the boxes with the rings, which have been produced.

Prisoner. I have nothing to say, I have no witnesses.

GUILTY , Death .

She was humbly recommended to mercy by the Prosecutor and Jury, on account of her youth, being only fifteen, and it appearing to be her first offence.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-55

245. JOHN KITSALL , alias WILMOT, alias SMITH , was indicted for feloniously assaulting James Grey , on the King's highway, on the 17th day of February , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one gold watch, value 10 l. one cornelian seal, set in gold, value 20 s. one ribbon, value 1 d. one key, value 1 d. and one guinea in money, his property .

JAMES GREY sworn.

On Friday was a week I was robbed, the 17th of February, I think it was a quarter past twelve at noon; it was within about ten yards of my Lord Mansfield's garden-gate ; I was walking down from Highgate, towards the Spaniards, by Fitzroy farm-gate, I met the prisoner walking his horse up the hill slowly, and he stooped and picked up a halfpenny, and gave it to a beggar-man; he was walking his horse slow, he did not seem to take any notice of me, but I walked on, and he passed me; when I came within about ten yards of my Lord's garden gate, I lost the footpath of that side, and crossed over to the other side, and was surprized to find myself stopped all of a sudden by this person, with a pistol at my head; he came up on my left side, and said halloo! I immediately turned back, and the pistol was within six inches of my ear; he said, I am a gentleman in distress, please to deliver your watch and your money instantly; I looked at him, and I saw he was the same person I had passed before, which surprized me a good deal, and I was getting off my glove, but I did not pull it off fast enough, and he began to use bad language; I took off my glove as quick as I could, and gave him my gold watch and seal, and a guinea and eighteen pence; he said, this is not all the money; I told him it was all that I had; he then rode off a few yards, and I saw him, when he was five or six yards from me, look at the watch, and put it into his coat pocket; then he began to flog his horse very much, and rode up the hill; I immediately lost sight of him, but I ran up the hill as fast as I could, and I met a gentleman, whose name is North, and some other people, in a minute or two; I asked him if he had been disturbed by a fellow that rode up that minute upon a grey horse; I told them I had been robbed, and he and a lady, and a gentleman that was with him, immediately turned and went with me to the Spaniards, and there they met with a person who lives in the neighbourhood, and he went to town as fast as he could, and went to the office, and gave information.

Are you sure of the person of the man that stopped you? - Yes, I am sure of his person, perfectly sure of him.

Are you sure that that is the man that robbed you? - Yes, that was the man; but he is not in the dress now he was then; he had an olive-green great coat on; my watch has never been found, the seal has and the string, the seal was found that night.

Mr. Garrow, Prisoner's Counsel. The person that robbed you had an olive-green great coat on? - Yes.

Did you make any observation on the number of capes that coat had? - I knew it when it was shewn to me; I was not particular whether it had two or three when I gave the description at Bow-street, where I have heard that I might say there were three capes.

I am told you did? - It certainly has three capes, there are two that laid down, and one that is the cellar, that stands up.

That is a very distinct thing; what sort of hat? - A round hat, down on the face, and down all round.

The person that robbed you, told you he was a gentleman in distress, and therefore asked for your money? - Yes.

JOHN TOWNSEND sworn.

On Friday the 17th of February, I saw Mr. Grey at a public house in Bow-street; I heard him saying he had been robbed by a highwayman near Lord Mansfield's house; as some of our people had been out that day, they had heard of it before me, but I heard from Mr. Grey that some of our people were waiting at the Catherine-wheel-yard, in Windmill-street; I believe it was about half after three when I went up, and I waited there in company with Atkins and Sayre, and Shallard, I believe till about half past eight, and at about half past eight, Sayre, who was standing at the window, tapped at the window; there came in a grey horse, the prisoner came on it, and turned into the yard; I was then in the road just as he came in, and he says to me, halloo, hostler; I said, halloo, Atkins and Snallard, and at the moment he got off the horse, from his left-hand great coat pocket I pulled out this pistol, and called them to assist me; we searched him further, and in his right-side breeches pocket I pulled out a guinea, eighteen pence, and a half guinea, and this seal that was in his breeches pocket; he said, what do you want with me? I hope you will use me well; and we said we meant to take him to Bow-street.

Mr. Garrow. You have been now a good number of years in apprehending offenders? - Yes.

You have a pretty accurate knowledge of old offenders? - Certainly.

Had you ever this prisoner in your custody before? - Never.

Had you the smallest complaint against him? - Never in custody clearly.

He is not an old offender? - Certainly not; if he had, I must have known him.

JOSEPH LITHGOLD sworn.

I keep a livery stable; I know the prisoner, he was taken at my house; I know the horse he rode, he cad on Thursday the 16th, to engage him on Friday morning.

Did you know the prisoner? - Yes.

How long have you known him? - About three months only as a customer.

PRISONER's DEFENCE.

I am innocent of the charge that is alledged against me,

Court to Mr. Grey. What sort of seal was your's? - A red cornelian seal, with an anchor and cable, and motto,

"Anchor fast," with the cypher J. G. upon it; this is the seal.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-56

246. The said JOHN KITSALL , otherwise WILMOT, otherwise SMITH , was again indicted for feloniously assaulting William Harper on the King's highway, on the 5th 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 metal watch, value 40 s. a chain, value 1 d. a silver seal, value 1 s. a base metal key, value 1 d. one half-guinea, value 10 s. 6 d. and six shillings in monies numbered, his property .

There was no evidence to bring this charge home to the prisoner.

NOT GUILTY .

Reference Number: t17860222-57

247. VINER COOK was indicted for feloniously stealing, on the 25th day of January last, one wooden cask, value 2 s. and fifty-two gallons of Spermaceti oil, value 9 l. the property of William Parker .

WILLIAM PARKER sworn.

I live in Whitechapel ; on the 25th of January, I lost a cask of oil from my door, and found it at the prisoner's house; he was at home when we first went there, but he made his escape; the cask was staved, and the oil running about the house, the cask was marked C. H. A. M and R. but it is so imperfect, it would be difficult for any body else to make it out.

(The Cask produced and deposed to)

JOSEPH PARKER sworn.

I went to the prisoner's house, and I looked through the key hole, I heard a knocking, and saw the prisoner cutting the cask; I knocked at the door, and the prisoner opened it; I went away, and when I returned, he was gone, and the cask was cut, and the oil running about the cellar; about nine or ten gallons were taken out of the cellar.

CHARLES DORMER sworn.

I attend the Rotation Office in Whitechapel occasionally, I went with Mr. Parker to the prisoner's house, he applied his eye to the door and said there he is now, I see he is chopping the hoops off; I knocked at the door, and the prisoner came and opened it; says I, Cook, what have you been about? he could could hardly make an answer, I asked him for a light, he said I have no light; I went for a light, and in the mean time the prisoner escaped; we saw the oil running, there was Mr. Parker's name on the cask.

PRISONER's DEFENCE.

I wish to call two persons that were present when the oil was brought in.

JAMES CHIDDAM sworn.

Mr. Cook is my father-in-law, I am going on fifteen, I was in the house when the cask of oil was brought there, it was about half past two.

Were those men that brought it, servants of the prisoner, or employed by him? - No.

Did he receive it? - No; he was not in the house when it came.

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

GUILTY .

To be transported for seven years .

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

Reference Number: t17860222-58

248. CHRISTIANA FITZPATRICK was indicted for feloniously stealing, on the 18th day of January last, two canvas bags, value 1 d. and two guineas, value 2 l. 2 s. the property of William Morgan , privily from his person .

WILLIAM MORGAN sworn.

I know the prisoner; on the 18th of January, about twelve at night, as I was going home, the prisoner stood in the street, near Mile-end Turnpike , I was at a benefit club in Butcher-hall-lane, Newgate-street; she says, as I was going past, how do you do; and I stopped, so I catched hold of her; she asked me if I wanted a night's lodging, and I said I had one to go home to; I never spoke more words to her; I turned round, and was going off, and I put my hand into my pocket, and missed my property. I had two guineas in a small canvas bag, and some silver in another canvas bag, I was not above four yards from the woman when I missed my money; I went to the woman, and searched her, I could not find it, and the watchman was coming by, calling twelve, and the watchman came and said, let me see if I cannot find it on her; he searched her, and found the two guineas and the bag upon her; I was present at the time; the watchman took out the money into his hand, and took her to the watch-house; I told him, before he shewed the money to the night constable, that if there was any more than two guineas it was not my property; the constable has the money.

You are sure you did not make her a present of this bag and money? - No, my Lord, I did not.

MATTHEW HENRY sworn.

I am the watchman; I searched this woman in the presence of the prosecutor; I was crying past twelve, the prosecutor called out, watch! and two watchmen had got up before me, and the prosecutor had got all the prisoner's things off, and could not find it, and the prosecutor shook out a canvas

bag from her petticoats or somewhere, and he said, that was the bag that had the other bag with the money in; and with that, I said to them, do not take her to the watch-house yet, she must have the property about her, I kept looking about to see if she chucked the property away; and going to take her to the watch-house, I saw her put her hands quite through her pocket hole to her p - e p - s, and I said do not search her, and a gentleman that stood opposite held the candle, then I laid her down on the ground, I took the property out, rolled up in her shift, and after that I kept it in my right hand, till I gave it to the officer of the night; it was a little brown canvas bag.

Did you examine the contents of the bag? - No, not till I gave it to the officer of the night, the prosecutor told me if there was any more than two guineas in the bag, it was not his property: when the bag was opened, there was the two guineas and nothing else.

DAVID MILDROM .

The way of swearing in my country, is by holding up the hand, I am a North-Briton; it is not the common custom of the country to kiss the book, I have no objection to the words.

Mr. Justice Gould. I swore a man so, with the book before him, and I stated it afterwards to all the Judges, I remember perfectly well there were a set of thieves coming through Scotland, and they made a general sweep, and then came into a place called Long Town, which is the first parish in England, the Scotchmen found these people at a public house, and they were committed to Carlisle gaol, and they were tried before me at the assizes, the prosecutor objected to being sworn, and I sent to Mr. Lockhart, and he told me that there was a particular sect in Scotland, that would not take the oath by touching the book or kissing: he took his oath by holding up the hand, and I afterwards stated it to the Judges, and their opinion was with me.

DAVID MILDROM sworn

(In the following form by Mr. Shelton.)

"You swear according to the custom of

"your country, and the religion you profess,

"that the evidence you shall give,

"&c." I am an officer of Whitechapel, I was in the watch-house when she was brought, I received a canvas bag with two guineas in it, from the watchman.

(The bag deposed to.)

PRISONER's DEFENCE.

I was going home, and the corner of Ducking-pond-lane, I pulled up my shoe at heel, and this man came up and laid hold of me, he pulled me to the step and threw me down across the step, and I saw him put his hand into his pocket, and lay something down; I said, if I am an unfortunate woman, I am not to lay down my carcass for nothing, he said, he would have connections with me, whether or no; I suffered them to strip me, and they pulled and hauled me from one place to another, the watchman came up, and picked up the outside canvas bag, the prosecutor very well knows he pulled me about, I never spoke to him; and if he has forsworn himself, God Almighty forgive him! I am very willing to suffer what you please, I have nobody but God and you Gentlemen, to take my part.

Court to Morgan. You suspected that your purse was gone presently? - No, my Lord, not then, till I put my hand in my pocket, then I missed it directly, and I knew it was there the minute before; I was no ways in liquor.

GUILTY Of stealing, but not privately .

To be fined 6 d. and confined six months in the House of Correction .

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

Reference Number: t17860222-59

249. PETER WHITMORE was indicted for feloniously stealing, on the 1st day of February , four pounds nineteen shillings in monies numbered, the property of Edward Taylor , in the dwelling-house of William Clark .

EDWARD TAYLOR sworn.

I lost four pounds nineteen shillings, on the 1st day of February, from under my bed, I live in the house of William Clark , in Ferrets-court, in Holborn , it was in a cannister nailed down on the floor under my bed, nobody in the world knew of it, but the prisoner, he laid with me, I took him out of distress, because he was poor, the prisoner knew I had some money, but did not know I had so much, he has seen me put some in, I had been acquainted with him about two months, he had been with me three weeks, the prisoner absented himself after I lost the money, he owned he took six shillings of my money, in my mistress's parlour, before another gentlewoman, and he offered to pay it at two shillings and sixpence a week.

What did you say to him? - He said, he had friends, and he would send to them in the morning; I never said any thing to him, the acknowledgement was made at my mistress's shop, where I work, in Cary-street, a tin-shop; he said he would be very willing to pay the money before he would go to trouble; and he said, he took it out of the side of the cannister, he was not promised nor threatened by any body in my presence, he was speaking of the four pounds nineteen shillings which I had lost.

WILLIAM FALKNER sworn.

I am a patrol in Lincoln's-Inn-fields, I heard the prisoner say at the watch-house, he would pay the money belonging to Edward Taylor , which was four pounds nineteen shillings, at half a crown a week.

CATHERINE CLARK sworn.

I am wife of William Clark : the prosecutor lodges at our house, in Ferrets-court, I never saw the contents of this cannister.

MARGARET WELCH sworn.

I live at Mr. Bennet's, tinman, the prisoner came in there, when the prosecutor took him, he said, he did not take all the four pounds nineteen shillings, he only took six shillings out of the box; he said, he would freely pay all the money back at half a crown a week; and I asked him how he could secure it.

Court. So you was assisting as far as you could in compounding this felony? - No, Sir.

Had he made him any promise? - No.

JAMES BENNET sworn.

Deposed to the same effect.

PRISONER's DEFENCE.

I never took any money.

The prisoner called four witnesses to his character.

Court to Prosecutor. In what state was the cannister in which your money was put? - It was nailed down, and a hole at top to put the money in, I saved it to buy me a bed and bedstead, the nails were drawn out. I kept an account of it in my head, I am sure there was that sum.

GUILTY .

Transported for seven years .

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

Reference Number: t17860222-60

250. ELIZABETH PEARCE was indicted for feloniously stealing, on the 28th day of January last, one silver watch, value 2 l. four guineas, value 4 l. 4 s. one half-guinea, value 10 s. 6 d. one dollar, value 4 s. and twenty-seven shillings in monies numbered , the property of John Ford .

JOHN FORD sworn.

I am a barber and peruke maker , and

housekeeper, in Cable-street, Rosemary-lane ; I am a single man, I was going up Rosemary-lane, on Friday night, I believe it was the 27th, I met the young woman, and I spoke to her, and I said, how do you do young woman, and she said pretty well thank you, Sir; so I spoke a word or two to her, where do you live, where are you going, she said, I live in Buckle-street, with my father and mother; says I, will you go home with me to night, she said, she would, I told her I was going into a public-house a little further on, and if she would come and stay in the tap room while I had a pint of beer, she said, she would, she came to the Queen's-head, and waited there, I ordered her to have some purl and gin, and I paid for it; she came home with me, and somehow or other in the morning, when I was asleep, she got up unknown to me; when I went to bed, I put my watch in a chair, by the bedside.

Before you went home with her, was you quite sober? - I think so, I was sober enough to take care of myself, and every thing I had about me; I went out about three or four o'clock, I came home from the first house to my own house, and staid there sometime, then I went out again, desiring the man to put up the shutters, and said, I would be in instantly; I will swear I was so sober as to know what I was about when I came home, when I went to bed, I put my watch in a chair by my bedside; I had six guineas in my waistcoat pocket, four guineas and a half in gold, and a dollar, and twenty-seven shillings in money; I am sure I had this money in my pocket when I picked up this girl; I pulled off my clothes, and laid them on the bed, when I awoke in the morning, I felt with my hand about the bed, and I was surprised there was nobody there; I got up and came down stairs, I believe in my shirt, if I do not mistake; I found the door open, and the young woman gone; I lost nothing out of my shop, thank God! then I called my man who slept in the house, Tom, get up, I am ruined! and I went to Buckle-street, where she said she lived, but I could not find her; I found her afterwards, she had bought a parcel of clothes with the money that was missing.

CHARLES DORMER sworn.

I took the prisoner between eight and nine in the morning, she was putting on this new petticoat, I put my hand in her pocket, the first thing I found was this watch (Deposed to.) then I took out this little box, with two guineas and a half in it, and two half crowns, and sixpence, and a dollar.

Prosecutor. The guineas have no mark, the dollar is marked in two or three places, black as if it was burnt, I have had it a long time, I can swear to it.

Dormer. I found this new gown and stays, and a cloak, and a new shift, she had the fellow to it on, and the prosecutor's handkerchief, and a new apron and two new caps; when I took her into custody, she desired me to try, and settle it with the prosecutor, and she would return the things, she said, it was the first fault, and she would never do the like again; I did not promise her nor threaten, she said, she had laid the rest of the money out.

PRISONER's DEFENCE.

The money was my own, I was on board a ship with a young man six weeks, and when he got his impress money and wages, he gave me some money to buy me some clothes, and he told me to bring him some things which he wanted, and the same night I came from on board of ship, I met the prosecutor, he asked me to drink, and went to the public house, and he gave me this dollar, and he promised me half a guinea; I went home with him, and he said he had no money, and he gave me his watch, I told him where I lived, and he was to come for his watch.

Court to Prosecutor. What did you give that girl? - No money at all.

Did you ever give her your watch in

pledge? - No; I never told her I had no money, I had plenty of money.

Dormer. We took her in Plow-street, not a hundred yards from Buckle-street.

GUILTY .

To be privately whipped and discharged .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-61

251. SAMUEL HIGBY was indicted for feloniously returning from transportation and being found at large the 26th day of January last, without any lawful cause, before the expiration of the term of seven years, for which he was transported .

PETER GOFF sworn.

Here is a certificate of the conviction of the prisoner, which I had of Mr. Shelton.

(The certificate of the conviction read and examined by Mr. Garrow, Prisoner's Counsel, with the record, dated the 23d of July, 1783, for stealing a cart, value 4 l.)

(The other witnesses were ordered out of Court.)

I was sent for, and informed the prisoner was at home; I and some others went for him, the street-door was upon the latch, the parlour-door was fast, and one of the men shoved it open; we went into the room, and Bryant laid hold of his son-in-law, not knowing the prisoner; says he, I will go for him, and we went into the street, and there we found the prisoner; I am one of the constables of the parish of St. John, Westminster; Sir Sampson asked him how he came here? he said he came to see his children.

Mr. Garrow. You do not know this is the man that was tried? - I was not here at the trial.

JOSEPH PERCIVAL sworn.

I am constable; I have seen the prisoner before; I knew him perfectly well; I found him the 26th of January at No. 3, Prince's Rents, in the parish of St. John the Evangelist; I was sent for to Tothilfields bridewell, and they told me to fetch Goff, and we went to apprehend the prisoner, and we took him to Tothilfields bridewell, and the next day we took him before Sir Sampson.

Was what passed there taken down in writing by Sir Sampson? - No; Sir Sampson said, as the man does not deny it, there is no occasion for any thing further; he acknowledged that he had been transported, and he had left the ship; he said he stood by the captain, while the others arose; Sir Sampson asked him how he came there, he said he came to see his children and grand-children; I know he was tried here.

Mr. Garrow. Was you here? - No.

Court. Did this man say he was on board when the crew arose on the captain, and made their escape? - Yes.

Mr. Garrow. My Lord, they should prove that he was sentenced to be transported, and delivered to the captain.

For the Prisoner.

WILLIAM SMITH sworn.

I am a farmer of turnpikes; I think the first of my knowing the prisoner was in August 1784; he came into my business the 1st of September, he had been in my business before.

In what employment did you then engage him? - To keep a turnpike at Sutton, near Biggleswade; I think he kept it one year and three months, his goods are now in my house; he conducted himself like an honest, careful, industrious man; I would entrust him now if he was at large, he had a wife and two children there with him.

Court. Gentlemen of the Jury, according to my idea, there is a defect in the evidence here; for it is not proved that he was the same person that was convicted of the specific offence mentioned in the indictment.

NOT GUILTY .

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

Reference Number: t17860222-62

252. RICHARD STEVENS , THOMAS HERBERT , and WILLIAM HARDY , were indicted for feloniously stealing, on the 9th day of February , one deal case, value 2 s. and one iron wheel, called a wallower wheel, value 39 s. the property of Gilbert Handyside and Thomas Prickett .

GILBERT HANDYSIDE sworn.

I am in partnership with Mr. Prickett; I lost a wallower wheel, value 12 l. it was in a deal case; it was lost down below bridge.

ROBERT WALKER sworn.

I am a waterman, I ply down below bridge; I know the three prisoners, I never saw them till this evening, I went from King's Stairs to Rotherhithe, between seven and eight, on the 9th of February, and rowed as far as Hanover Hole, and from there I drove up with the tide to King's Stairs again, and I saw the three prisoners in a boat, with this case; as I was an officer, I asked them what they had got, and they said it was nothing to me, and they put the case out of the boat they were in, into the boat I was in.

(The Case produced.)

Prosecutor. I had leave of the Magistrate to ship the wheel, because the ship was sailing; there was the wheel, coggs, wrench, and turnscrew.

What is the use of the wheel? - For a sugar-mill to grind cane.

Did the prisoners say any thing how they came by it? - They said they picked the boat up adrift with the case in it, which I cannot disprove: the mark of the case, W. V. J. I saw the wheel on the wharf the 9th of February; our waterman carried it down on board the ship.

WILLIAM WATSON sworn.

Between ten and eleven, I took a lighter with this box and some other goods, to a ship at Prince's-stairs, Rotherhithe.

Court to Walker. Where did you take that box? - On the water on the Middlesex side.

Watson. I went and told the mate I had goods for the ship; he said he could not take out the goods that day; the name of the ship was the Generous Planter; I had two small parcels, which I thought were moveable, I locked them up; there was no one single article which any one man, or even two, could move; I told my master what I had done; I left this case and another on board the lighter; my master asked me if it was necessary to watch the lighter; I told him I thought not, and I left it without any body to watch it during the course of the night, for I could not move it myself; the next morning I went down to get the things out; the first thing I missed was these two cases; I asked the mate, he said he hoisted out one, and no more; to be satisfied of it, I went on board the ship, and enquired, and there I found the master, and I described the case at the Custom-house before I saw it, and it was the same I missed from the lighter.

Court to Walker. When you saw these three men in that boat with the case, and they put it into your boat, what became of the men? - They gave me no account of themselves, and they had but one paddle in the boat, which I knew was not fit to smuggle with, and I took them as disorderly people; I called for help, and they were taken to Gun-dock, Wapping; I am sure these are the three men.

CHARLES JOHN WATMAN sworn.

I came to the assistance of Mr. Walker; I knew the prisoner Stevens, he was taken in the Dock, I am sure he was one of the three men that was in the boat; I attended them to the Justices, and they were committed.

Was you on the Middlesex side or the Surry side? - On the Middlesex side.

STEPHEN HOWARD sworn.

I ply at Cherry-garden stairs, that is on the Surry side, I am a waterman; between

eight and nine, Mr. Walker cried out, stop thieves! I immediately rowed off, and Walker he calls out, is that Howard? I said yes; he said there were four thieves in the boat, he desired me to row after them; I chased them to shore to Gun Dock, and three went into the boat; who took them, or whether these are the men, I cannot tell.

JOHN ARCHER sworn.

I am a labourer at Gun Dock; I was there, and the prisoner Stevens asked me if the gate was open at Gun Dock; this was the 9th of February, between eight and nine; I directly heard the cry of stop thief! and I saw one of them, him in the blue jacket, that is Stevens, in the dock, and I took a candle, and found the other man stepped over the crane; I saw nothing of Howard then; Walker helped me to take one.

PRISONER STEVENS'S DEFENCE.

I had been on the other side of the water; I live in Gravel-lane; I had been in the hospital five or six weeks, I went to seek for work, as I was coming back about seven over the water, I came to Execution Dock to get myself put over; I waited for a quarter of an hour; I had but a halfpenny, and these two prisoners came down to the stairs, and they asked me if I had any halfpence to lend them to go over, I told them I had but one myself, and this man being a waterman, he asked me if I would take a walk with him to Church-stairs, as he had an acquaintance a waterman, he would give him a cast over; I went with him to Church-stairs, and there this wherry was laying, with the box in it and one paddle in the boat; we got in the boat, and this man was to go with him, and I gave him the halfpenny to work himself over again.

PRISONER HERBERT'S DEFENCE.

I just come from Greenland Dock, I met this young fellow, and I asked him if he had his boat, and he said he had not; I said I would go with him to the stairs, and some waterman would give me a cast over; I went with Hardy to Prince's-stairs; when we came to the stairs, he could see nobody that he knew, then we went to Church-stairs, and there was the boat laying, and we all got into the boat, and this young fellow, Stevens, gave me a halfpenny to bring the boat back, and we met the waterman, and he said he was a King's officer, and he had a right to it, and we put it in his boat.

PRISONER HARDY'S DEFENCE.

I say the same as he has said.

Court. What right had you to take a boat at all to go over, without the consent of any body that belonged to it? - There was nobody in it, she was drifting about along-side the barge.

When you came to Gun Dock, how came you to run away? - I did not think what trouble might come of it.

(The prisoner Herbert called five witnesses, who gave him a good character)

ALL THREE GUILTY .

Each transported for seven years .

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

Reference Number: t17860222-63

253. SARAH LYON and ANN GIBSON were indicted for feloniously stealing, on the 13th day of February , nine yards of thread lace, value 20 s. the property of Thomas Hattersley , privily in his shop .

PETER HARDY sworn.

I am journeyman to Mr. Hattersley, he is a haberdasher opposite Red-lion-street, Holborn ; the prisoners came together into my master's shop, on Monday the 13th of February, between twelve and one o'clock, under pretence of buying thread lace; I was in the shop, and two or three other persons; I shewed them a box of edgings, and after that, a box of broader lace; they did not buy any, we could not agree for the price; they bought some thread, some tape, and some ribbon, and they went away;

I missed some lace, and I went after them; I did not see them take any, I missed it while they were in the shop, I pursued them when they were about five yards off, and brought them back; they denied having any lace; I took them into a back shop, and sent for an officer; he came, and searched them, and found the lace upon the prisoner Lyon. (Produced and deposed to.) I was with the prisoner Gibson while the officer was searching Lyon; she went down on her knees, and begged for mercy, and said she would pay for the lace, or any expence, if I would but let her go; she was taken to the Justice, and was committed. I know the lace by the pattern and the private mark. I believe it was Lyon that purchased the thread and things.

Prisoner Lyon. Whether he did not say he could take his oath that he saw me take a piece of broad lace? - I thought so then, I did not miss two pieces, I only thought there was one piece of broad lace.

EDWARD TREDWAY sworn.

I belong to Mr. Walker's office; I searched the prisoners; I found this lace in the right-hand pocket-hole of Lyon, half in and half out, when he pulled off her apron, and began unpinning her gown, then I saw it; she opened her cloak, I told her to undo her apron; it has been in my custody ever since.

Did it come there by accident, or was it put there by design? - She had no pocket, it was in the pocket-hole, it was half in and half out; it was when she was stripping herself, I perceived the lace, and she said, Oh, Lord! how came it here, I cannot think how it came here; I searched Gibson, and found nothing upon her; the money for the tape and things was furnished by Gibson.

PRISONER LYON'S DEFENCE.

That bit of lace hung at the bottom of my petticoat; I had a child with me, and she pulled it out of the box.

Tredway. Gibson had the child, she had no child.

Prosecutor. Gibson had the child.

Prisoner Lyon. I came into this gentleman's shop to buy a bit of edging for a child's cap, I bought the lace for my own cap; he shewed me some, I said I did not want to go to above four shillings and sixpence; the child sat on the middle of the counter, the child got hold of the lace in the box, and pulled two or three pieces out of the box; I desired him to take care of the lace; I bought some ribbon, and went out of the shop, and they came after me; they kept me an hour and a half in his parlour, while he sent for a constable; the constable came in, and searched me, and this piece of lace hung at the bottom of my petticoat.

Court to Prosecutor. Did the child meddle with the lace in the box, and pull them about? - The child did not touch a piece of lace.

Are you sure of that? - I am sure of that; it touched the box, and I moved the box a little further; I took great care the child should not touch the lace.

Court to Peter Hardy . You was not without your suspicions that there was a piece of lace missing, you say; did not you see her take this lace, or touch it? - No, I did not.

You find she is indicted for a capital offence, for stealing it privately; had you any intimation of her taking it? - I did not observe any lace that she did take, but I believed there was a piece of lace gone; she had in her hand at one time I believe three pieces, and I observed, when she put them into the box, that there were but two, but I was not sure.

Court. I do not think there is sufficient ground to put Ann Gibson on her defence.

SARAH LYON , GUILTY Of stealing, but not privately .

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

Ann Gibson , NOT GUILTY .

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

Reference Number: t17860222-64

254. JAMES BUTTERSWORTH was indicted for feloniously stealing, on the 7th day of January last, two live ducks, price 3 s. one live drake, price 2 s. the property of John Cole .

There being no evidence the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-65

255. The said JAMES BUTTERSWORTH was again indicted for feloniously stealing, on the 10th day of February , one glass lamp with a tin rim, value 1 s. the property of William Coulderoy .

ALEXANDER BARKER sworn.

I was standing at my own door, on Friday the 10th of February, in Charles-street; I saw the prisoner take the lamp, it was quite loose, and easily taken out.

What house? - No. 10, Charles-street, Bridgewater-square , it was over an empty house; I was constable of the night, and one of the lamp-lighters men told me he had lost four lamps, I thought the prisoner was a lamp-lighter; in three minutes after I saw him with three lamps under his arm.

MARY DEAN sworn.

I keep a green shop, on Friday the 10th the prisoner asked me to let him leave three lamps with me, I never saw him before, he was quite a stranger to me; I was just going to work, and he asked me to let him leave them, he said, he should be gone about two hours, he came in and put them under my wi ndow; Mr. Rogers took them away, here is one of them here.

WILLIAM FISHER sworn.

I am the lamp-lighter, I had the care of these lamps, I know this lamp to be one that I had the care of, it belongs to Mr. Coulderoy.

Prisoner. I never left any such thing.

The prisoner called two witnesses to his character.

GUILTY .

To be transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-66

256. ALEXANDER M'KENZIE was indicted for feloniously stealing on the 10th day of February , eighteen pounds weight of sugar, commonly called Muscovade sugar, value 6 s. the property of Samuel Key and others.

The prisoner was taken with the sugar upon him.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-67

257. THOMAS LINDSAY was indicted for feloniously stealing, on the 23d day of January last, one linen bag, value 3 d. a cloth waistcoat, value 1 s. a pair of breeches, value 1 s. 6 d. two shirts, value 4 s. two pair of stockings, value 2 s. a pair of boot stockings, value 1 s. the property of John Shelley .

WILLIAM HASLET sworn.

On the 27th of January last, I being clerk to a benefit society of poor, went to fetch a young man from Bethnal-green madhouse, to send him into the country by the waggon; I brought him into the Castle inn, in Wood-street, where his clothes were delivered to one of the porters of the inn, to go by John Shelley 's waggon, and there was a bag put into his waggon, containing the things mentioned in the indictment; I delivered the bag to one of the porters, who put it into the waggon when

it was ready to go away, they desired us not to put the young man into the waggon there, but to put him in at the Stones-end; I went with the young man into Goswell-street, and I helped him into the waggon; the prisoner was an assistant to the waggon; on the 28th being Saturday, I was informed of the waggon being robbed, and the young man who was out of his mind, was lost; on the Monday following I went to the sitting Alderman at Guildhall, and there I saw the things, they were produced by Taylor, I can swear to one of the shirts, it is a particular colour, and particularly folded up at the mad-house, I found it pinned up in the same way it was at the mad-house, it was remarkably brown; when I saw the things on Monday, a pair of stockings were missing.

WILLIAM TAYLOR sworn.

I am porter to the waggon, it is John Shelley 's waggon, nobody has any interest in it but himself, I was going to Harrow on the hill, on Saturday with a load, and I met the prisoner, he had been with the waggons some time, and I asked him the reason why he was not along with the waggons, whether they had had any misfortune, he said, no, but the waggoner found fault with him, and he would not go any further with him; I was then going to Holborn Bridge with a load, and when I returned my master had had a letter from Colney, that the waggon had been robbed, my master sent me for the prisoner, and I went and found him, and brought him back to the Castle in Wood-street, he had the linen bag under his arm at the same time, I found him in Newgate-street.

ELIZABETH WEST sworn,

Deposed to the things which she carried to the waggon.

PRISONER's DEFENCE.

I was following the waggon, and it stopped at the turnpike, and I found the bundle in the middle of the road.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-68

258. JOSEPH BROMLEY was indicted for feloniously stealing, on the 15th day of February , one quart pewter pot, value 10 d. the property of Charles Freeman .

The pot was taken out of the prisoner's pocket.

GUILTY, 10 d .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-69

259. THOMAS BRETT was indicted for feloniously stealing, on the 28th day of January last, twenty-six pounds of pork, value 14 s. the property of William Cooke .

The prisoner took the pork, which hung at the prosecutor's door, and was taken with it when he had got about ten yards off.

Prisoner. I had had a drop of rum, and I was stark mad.

GUILTY .

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

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

Reference Number: t17860222-70

260. THOMAS BARTON was indicted for feloniously stealing, on the 4th day of February last, one large pewter chamber pot, value 7 s. the property of John Southall .

The prosecutor saw the prisoner take the pot from the door, which was set out to dry, and took him directly with it under his coat.

Prisoner. I saw it lay, and I took it up, and was going to ask who it belonged to.

The prisoner called two witnesses to his character.

GUILTY, 10 d .

Whipped .

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

Reference Number: t17860222-71

261. JOHN SWINBANK was indicted for feloniously stealing, on the 14th day of January last, five copper halfpence, value two-pence halfpenny, and five shillings in monies numbered , the monies of Edward Fearne .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-72

262. JANE BROOKS was indicted for feloniously stealing, on the 10th day of February , four quart pewter pots, value 5 s. six pint pewter pots, value 4 s. the property of Joseph Wakefield .

The prisoner was taken with the pots in her hand, which the prosecutor's boy had left at a door.

GUILTY .

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

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

Reference Number: t17860222-73

263. WILLIAM SCREW was indicted for feloniously stealing, on the 22d day of January , one wooden butt, value 20 s. the property of Joseph Fisher .

The prosecutor caught the prisoner rolling away the butt.

GUILTY, 10 d .

Whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-74

264. SARAH otherwise JANE MITCHELL was indicted for feloniously stealing, on the 18th day of January , two cloth great coats, value 4 s. the property of Samuel Vardon .

The prisoner was seen by Isaac Smith , go into the prosecutor's house, and she returned out instantly; he pursued and took her with the two great coats upon her.

The prisoner called a witness who swore she had been insane for many years.

GUILTY, 10 d .

On the recommendation of the Jury, to be privately whipped and discharged .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-75

265. JAMES BIXBY and THOMAS JOYCE were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Ford , about the hour of nine in the night, on the 19th of January last, and burglariously stealing therein, ten yards of blue woollen cloth, value 5 l. ten yards of other cloth, value 5 l. ten yards of raven grey cloth, value 3 l. 10 s. and twenty-six yards of other cloth, value 6 l. 10 s. his property .

There being no evidence but that of an accomplice the Prisoners were BOTH ACQUITTED .

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

Reference Number: t17860222-76

266. SAMUEL BISHOP was indicted for feloniously stealing, on the 3d day of February , one quart pewter pot, value 10 d. and a pint pewter pot, value 8 d. the property of Charles Morgan .

CHARLES MORGAN sworn.

I keep a public house , on the 4th of February; a quart pot, and a pint pot were found in the prisoner's apartment; I do not know when they were lost, I have seen the prisoner pass my door.

WILLIAM CLARKE sworn.

I am a watchman of St. Mary, Islington, I was going twelve and Mr. Adams's sister says, watchman, stop, I believe there is a fire at the George, she knocked at the door very hard, the man of the house came directly, we searched the house and could find none, but the kitchen was very full of smoke; then we went into the yard, and in a little while I saw a light, and we went round into a little shed, where the prisoner was laying on his back all along, and his boy at the feet of him, that was about half after twelve; and Mr. Barker says, I believe you are a great rogue; he took off a cloth from him, and he was pots from his waistband to his shoulder, I saw the pots told, there were seventeen quarts and pints, and I believe they belonged to eight publicans, they have been in my possession ever since; here are two belonging to Mr. Morgan (A pot and pint deposed to.) it was a little small shed that the prisoner had put his foot in, he is a chimney sweeper.

THOMAS BARKER sworn.

I was with the witness, the prisoner had got a candle in his hand, and had just lighted a fire: I saw him through a hole in the wall; I asked him what he did there, he said, he was in bed; I said, I would come round, and then he put the candle out, and covered himself up with the foot sack, and there were these seventeen pots.

PRISONER's DEFENCE.

I was at London all day at work, and I was locked out, I went into this shed, which I had, and I made a fire to warm myself.

Court. How came these pots there? - That I do not know, there are people comes in there.

- GLOVER sworn.

I know that the prisoner employed me to take these pots, I cannot say what day it

was, I was with him, I saw him take them from the door.

SARAH SPARKES sworn.

I am a chimney-sweeper's wife, he has hired a boy of me between three and four years; I never knew any thing amiss of him in my life, the boy has been at work, where he was entrusted with plate, my boy is a very good boy.

GUILTY, 10 d .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-77

267. ANN ATKINS was indicted for feloniously stealing, on the 7th day of February , and man's linen gown, value 5 s. the property of Robert Crindall .

The prisoner was taken with the gown under her right arm.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-78

268. JOHN DELANEY was indicted for feloniously stealing, on the 20th day of February , two wooden kirbs, value 2 s. six bars, value 2 s. and two iron lock bars, value 1 s .

And EDWARD LOWE was indicted for feloniously receiving the same knowing them to have been stolen .

JOHN DELANEY , GUILTY .

To be imprisoned for six months in the House of Correction .

EDWARD LOWE , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-79

269. STEPHEN HIGGS was indicted for feloniously stealing, on the 12th day of January last, one pair of men's leather shoes, value 1 s. one pair of boy's leather shoes, value 3 s. the property of William Lincoln .

The prosecutor called on his recognizance, and not appearing the prisoner was ACQUITTED .

Reference Number: t17860222-80

270. JOHN HORTON was indicted for feloniously stealing, on the 23d day of January last, one linen shirt, value 1 s. one pair of worsted stockings, value 1 s. one pair of thread ditto, value 6 d. one pair of cotton ditto, value 6 d. two pair of woollen drawers, value 1 s. three caps, value 1 s. one muslin ruffle, value 1 s. one stock, value 6 d. one box, value 18 d. the property of Ann Pugh .

ANN PUGH sworn.

I lodge in Cloth-fair , there was a fire at the house, on the 23d of January, at three in the morning; the fire burned the top of the house, I believe two floors before the alarm, my box was in the apartments, the prisoner was very troublesome, I could not get him out of the house, he desired to help me, I desired him to walk out, I never saw him before, he came into my apartments with the rest of the mob, I know him particularly, because he was very troublesome, he would insist upon moving some of my things away, and I would not let him; I told him I wanted none of him, nor did I know him, I did not not let him move any thing; the prisoner took a box, after the hurry was over, I missed my box, and I found a few things that he could not take; I found the prisoner and apprehended him, and in his room I found two pair of flannel drawers, and two pair of stockings, and a stock and some other things were found, some were in a drawer, and some among some rubbish, he had the

shirt on, and a pair of stockings, they were my property, I take in washing, and they were in my care; the constable has the things.

MARY MORSE sworn.

I live in the house, I met a short man with a box at the door, at the time of the fire; I am sure the prisoner is the man.

HENRY WILSON sworn.

(Produced the things that were found in the Prisoner's apartment, which were deposed to.)

Prisoner. I bought two shirts and three pair of stockings, and a neckcloth, and some things like handkerchiefs, of a man, I do not know him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-81

271. WILLIAM TRAMP was indicted for feloniously stealing, on the 18th day of February , five linen shirts, value 20 s. one apron, value 1 s. one lawn apron, value 3 s. one pair of cloth breeches, value 4 s. one pair of silk and thread stockings, value 2 s. three muslin neckcloths, value 3 s. the property of John Taylor .

JOHN TAYLOR sworn.

I am a carpenter , in Stone-cutter-alley, Gate-street, Lincoln's Inn Fields . On Thursday the 16th of February, I went out to work about twenty minutes after seven, I locked the door, and put the key under it, as I usually do, I left my wife behind me, I came back on information from my wife, that she had been robbed of some things by Tramp; when I came back I found some things thrown about, and several things missing; I can speak to the breeches.

ELIZABETH TAYLOR sworn.

I was in bed, and this lad came into the room, and pulled down all my candlesticks and flat irons; it had just struck seven; most of the things I saw the day before, and when I got up, several things in the room in which I slept were tumbled about; I know the prisoner, I have seen him many times, his father and mother live in our street; there was a little horse, and he moved that, and that waked me; half the window curtains were drawn, there were no shutters; I had the things to wash; the prisoner did not live with his mother, he was a boy that lived abroad; he ran away the minute I turned round; I looked at him, and said, oh, you tramping dog! do you come to rob me? The apron and things were laid ready; I am very sure he is the person.

Prisoner. What time was it in the morning? - Seven o'clock.

Prisoner. I have a witness, if he is here, to prove that I was in bed at seven o'clock.

Mrs. Taylor. I went and called my husband directly, and said to him, come home directly, for young Tramp has robbed me of my things.

JOHN COLEMAN sworn.

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

What is it? - To speak the truth between man and man.

What will be the consequence, if you do not speak the truth? - It is a very bad thing to take a false oath.

Do you know what becomes of bad people? - They come into bad places, and bad company.

No, but after they die, do you know where they go? - I hope to go to Heaven.

If you tell the truth, you will; but if you do not tell the truth, where shall you go? - If I do not tell the truth, I look upon it I shall go to hell. I am a shoemaker, I keep a kitchen in Monmouth-street, No. 10, sent nine pounds a year; I work for myself, I have no father or mother; I mend shoes, and hang them up at the door, I have lived there about three months.

Who else lives in the house? - I do not know the landlady's name, she sells gowns

and things; I pay my money every Monday.

Have you no receipt for it? - No.

Who does the rest of the house belong to? - The gentlewoman lives up stairs, I do not know her name, I have not lived there long.

Why, you have lived there three months? - No, I never trouble myself about the names of the people, I mind my work.

Who lives in the next house? - I do not know, I never lived in the street before.

What kind of shop is it next door? - A shoemaker's shop next door, one Mr. Foster keeps it; this lad was in bed along with me that morning.

What morning are you talking of? - That morning when they said he got these things.

Where were the things taken away? - I do not know.

Who brought you here? - I came along with the boy's mother.

When did she first speak to you? - The day that the lad was first taken up.

How long was it before he was taken up? - I do not know the day of the month.

What day of the week was it? - Thursday, I think, but I cannot say rightly, to speak the truth.

Did this boy constantly sleep with you? - Yes, Sir; he has slept with me about three weeks; the prisoner lives with me, and minds my place when I am out, and runs of errands, and I learn him what I can of my business.

What time do you get up in a morning? - I get up at seven, and this morning he was up after me, he was not up till past eight o'clock; generally speaking, I get up first, I always d o, I open the door, and hang out my shoes; he never slept from me for three weeks together.

How long is this ago that he was with you? - Five weeks.

How long has he left you? - A fortnight to-day; but I cannot tell the day with certainty, I cannot read or write.

Was he never absent one night? - No; he slept with me the night before he was taken up.

Are you sure of that? - Yes I am sure of it; during this three weeks he never was out before seven in the morning; I have no clock, but I can hear the town clock go, St. Giles's church; he never was out before me in a morning, and I have pounds worth of goods in my place; I never lost any thing.

Court to Taylor. When was it that this boy was taken up? - This day fortnight.

Was he taken the same day? - Yes.

Court to Boy. Will you swear that you heard the clock strike seven? - No, Sir, I will not swear that I heard the clock strike, but I will swear that he did not go out that morning till between eight and nine, he went for some bread and cheese to the chandler's shop.

Court to Mrs. Taylor. Did you hear the clock strike seven? - I did not hear it; but when I was waked, and pulled my curtain back, it was between seven and eight.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. ROSE.

Reference Number: t17860222-82

271. THOMAS BURDETT , WILLIAM BROWN , and HENRY FAWCETT , were indicted for burglariously and feloniously breaking and entering the dwelling-house of Ann Palmer , about the hour of four in the night, on the 1st day of February, and burglariously stealing therein a woollen great coat, value 10 s. and a man's hat, value 2 s. the property of Thomas Hinchcliffe ; and a sattin cloak, value 2 s. two silver castor spoons, value 12 d. and one iron key, value 1 d. the property of the said Ann Palmer .

(The witnesses examined apart.)

WILLIAM LEE sworn.

I live in Old North-street, Red-lion-square, I am now a servant to Mrs. Palmer. My mistress's house was broke open the 1st of February, I cannot say the hour, between going to bed and rising; I was last up in the house the evening before, I went to bed between eleven and twelve; I fastened the door and windows up stairs, the parlour, the nail, and the store-room; the cook fastens below, but I saw it was all fast.

Who was first up in the morning? - The maid; she is not here; the public-house-man alarmed us about seven in the morning, seeing the kitchen window open; they came and called me, and I got up directly; the cook-maid came down first on the alarm, and let in the public-house-man; she called me up, and when I came down, I found the lower part open entirely, one of the kitchen windows broke open; it was fastened with two bars and an inside shutter, one side of the shutter was broken off entirely, one of the bars broke, and the other taken away entirely.

What things were missing? - Two small silver castor spoons, one a pepper, and the other a mustard spoon; an old sattin cloak, that hung in the hall; a gentleman's great coat, a hat, and the key of the door. The officer came to let us know that the prisoners were taken; it was one morning after, but I cannot tell how long.

About how long did you understand that it was that some persons were taken up? - I really cannot say, nor I will not pretend to say.

Was it yesterday? - No.

Was is it the day before? - It is about a week ago, or very nigh ten days; a coat only was found.

Mr. Knowlys, Prisoner Fawcett's Counsel. You was not at the finding of the coat? - No; I have seen it since it was found.

Court. Did you know the great coat, whose was it? - It was one Mr. Hinchley's, who was on a visit at the house at the same time. I have a crow that was left behind; there was one inner door broke open, and the crow was close to the door.

JOHN ARMSTRONG sworn.

I produce a coat and hat; I found the coat in the prisoner Burdett's house, up stairs in the bed-room, on the 20th of February, Monday was a week; I went by order of the Magistrates to fetch them up, and in the morning I saw Fawcett with a great coat on; then I went to fetch the great coat by order of the Magistrates, and I said to the prisoner Fawcett, Harry, I am come for the great coat; he had no great coat on then; says Fawcett, I was aware of that, I knew that Nodely was a rogue, and I have sent it to hell by this time; I then went to the house of Burdett, and there I found the great coat hanging up in his room; I carried it to the house in Red-lion-square; I saw a great coat on Fawcett that morning, but I cannot swear it was the same I found at Burdett's, it was a coat like it; this is the coat I found in Burdett's lodgings.

Mr. Knowlys. What are you? - I am an officer belonging to St. Leonard, Shoreditch.

What office do you generally belong to? - Mr. Wilmot's.

How much will the reward for the conviction of these three men amount to? - If convicted, the reward will be paid by the county.

What will it amount to? - It will amount to a hundred and twenty pounds.

How long have you been in the habit of receiving these rewards? - I have been an officer these three years; but I neither took Fawcett nor Brown.

Fawcett and you may not have agreed lately? - I never saw any misbehaviour in the prisoner Fawcett in my life; I have had him in custody, but he always behaved extremely well.

Look at Fawcett now; do you think the great coat he has on now, is not pretty much like that he had on that day? - I will not undertake to swear, that the great coat he had on that morning, is not the great coat he has on now.

He knew you was an officer? - Yes.

He said this to you alone? - Shakeshaft was with me; he is gone to Hertford.

Court. Where was that hat got? - It was delivered to me by the evidence, Nodely.

Who was at Burdett's house when the coat was found? - His servant, a little girl, and a woman that was ironing.

Now confine yourself to the question I am going to ask you; did you receive any information, but do not tell me what information, how the great coat came to Burdett's house? - Yes, I did.

From whom? - From the servant of Burdett, a girl about fourteen.

There is nobody from Burdett's house to account how the coat came there? - No.

- HINCHCLIFFE sworn.

Look at that great coat? - To the best of my knowledge, this is my great coat; here is a particular mark on it, a piece was fine-drawn in my coat, just by this button, it was so in this great coat. I was at this house upon a visit; I heard a great deal of noise, I was extremely unwell; I got out of bed, and whether that alarmed them, I cannot say; it was a very windy night, and that made it uncertain where the noise came from.

RICHARD NODELY sworn.

It was proposed to go to this house in Red-lion-square, we saw it was easy to get in.

Court. Give a full disclosure of all you know? - It was not me that fixed upon it.

You know the reason for fixing upon it? - They said it was a good-looking house, it was easy to get in.

What observations had been made on the house, to induce you to fix on that particular house? come, Mr. Nodeley, if your life has been spared, that you may give information, the Court will expect that you give full information; it is never too late to prosecute an evidence that holds back, you must disclose the whole truth; what was the inducement to single out this house? - Only the case of getting in.

What was observed with respect to the fastenings of that house, and the ease of getting in? - There being nothing but inside shutters, and them we put our feet against, and shoved them in.

How long time had these people and you been connected? - Seven months; we used to take it in turns to go round, and see how we could get in, in the night; we fixed to go to this house at three in the morning.

Did you go? - Yes, three of us, Burdett, and Brown, and me; we went, and shoved the window up, and I put my feet against the shutter, and shoved them open, and Burdett and me went in.

Did you make use of any crow, or any instrument, to force open the shutters? - We made use of no instrument.

What means did you make use of, not to alarm the family? - It all tumbled down together; there was noise enough, but nobody heard it.

What did you do upon its tumbling down and making a noise? - We came out again, and staid some time to see whether any body was alarmed, before we went in.

How long did you wait? - About half an hour.

What became of the watchman all that time? - He was in his box, about fifty or sixty yards distance.

Was this window in the square, or in the street? - In the square. The watchman came round, just as we were coming out of the house; we came out before that, to see if any body heard us, and he never came out of his watch-box; we were at the door coming out when he was coming by, while he was feeling the shutters, we let him go away.

Was not it very easy for him to have seen this window open if he had looked down the area? - Yes; that was what we came out for; for we were afraid that he would come round there, and see that window open.

Did not he go round that side to look? - Not that I know of.

How long after he had left the shutters of the hall, did you come out? - That minute, after he got into the square.

Had any body spoke to the watchman that night? - No.

Are you sure of that? - Yes.

Which of the watchmen was it? - At the right-hand corner of the square.

Was it the corner going towards Bloomsbury? - I do not know which is Bloomsbury.

Will you tell me that? - I do not, indeed.

Prisoner Burdett. He knows Bloomsbury well; for he was one of those that broke into the Lord Chancellor's house, and had the grand seal, and the Speaker's gown he had.

Court. Do you mean to swear that you do not know the way from Red-lion-square to Bloomsbury-square? - If I was there, I could know the way, I never lived up that way.

Mr. Hinchcliffe. It is the house nearest Bloomsbury-square.

Court to Nodeley. Was it the watchman the same side of the way that the house is? - Yes.

That is the corner of Orange-street? - It is the west corner of the square.

Court to Mr. Hinchcliffe. This examination has been directed for the security of the neighbourhood; have any steps been taken with the watchman? - The watchman said he had been eight years employed, and I told the person who regulated the watch, that I thought the watchman did not do his duty.

Court. You may inform them, that if they do not dismiss this watchman, I shall direct a prosecution against them for gross neglect of their duty; for it appears, that this house was broke open in a manner that any passer-by might see, and though they were half an hour in the house, he came by in the mean time, and took no notice.

Nodeley. We broke open the kitchen-door with a crow, and went up stairs into the hall and parlour; we found two little tea-spoons, I do not know whether they were in the parlour or no; we took some new linen, and a hat and a coat.

You did not get so good a booty as you expected? - No.

Who watched, while Burdett and you went withinside? - Brown.

Without? - Yes.

Did Brown join you when you came out again? - He and Fawcett were at the top of the street; he was to have come at three o'clock, but he failed in his appointment; Brown was obliged to walk away, when the watchman came round; there was an argument held between us, what we should do with the things, so it was agreed that Brown should have the linen; we tossed up for the linen, and he won it; Burdett won the spoons, and I had the coat, and Fawcett he put a crown against it, and tossed up who should have both, and he won the coat; Fawcett was in the prison with me, he had got a coat on like that, which we took out of the house, but I cannot swear it was the coat, he had two or three of them.

Mr. Knowlys. You come here to-day by the name of Nodeley? - Yes.

You have answered to that name? - Yes.

Where did you come from? - From Hertfordshire.

That will not do for me; where was you last night? - At Clerkenwell.

What part of Clerkenwell? - In the prison.

How many names may you have gone by in your life-time? - By no other.

Have you never gone by the name of Country Dick? - Yes, they have called me so.

Were you never convicted by any other name than that of Nodeley? - No, never.

Do you not recollect your standing at that bar, and being convicted under the name of Nathan? - I dare say it has been so reported to you, but it is very false; I never was convicted, but as a vagrant.

How long ago was that? - About two years.

Never convicted of picking pockets? - No, Sir.

Court. It is loss of time to impeach his

credit; he stands here as an abandoned thief, who has saved his neck from the halter, and it will be happy for him if it is a warning to him.

ALL THREE NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-83

272. ELIZABETH JONES was indicted for feloniously stealing, on the 22d day of January last, a silver watch, value 50 s. a chain, value 2 s. a stone seal, value 6 d. and a brass key, value 1 d. the property of Richard Moore .

RICHARD MOORE sworn.

I am a cabinet-maker ; I was coming along Bishopsgate-street, on Sunday the 22d of January last, near the new road; she pretended to know me, and asked me to go home with her, she lived in Dunnage-alley ; she opened the door, and struck a light, and I gave her a shilling to lay down with her; she said I used to give her more.

How long did you stay? - Not five minutes; as soon as she laid down, and put the candle out, I heard a rumbling noise in the passage, upon which I got up immediately, and took my watch from off the head of the table bedstead.

What sort of watch was it? - A silver watch, a cornelian seal, and steel chain; she got off the bed, upon hearing the noise, and struck a light; she opened the door, and looked out, and fastened the door again; I then laid down again, not being contented; she begged earnestly, and intreated I would permit her to get up; upon which she opened a trap-door in the wainscot, where she threw the watch, and put my hat over my face, that I should not see what she was doing, after taking it from off the bed; well, says I, there goes the watch, and I kicked the door to, and said, I will take care of you; I sent for a constable, and I saw two or three friends.

EDWARD TRUSTY sworn.

I am one of the patrols, I had only charge of her, to take her to the Poultry Compter, the prosecutor gave charge of her, he said, she had stole his watch, and just by the side of the bed, there was a trap-door, and a square of glass, and to that there was a string, which went down and draws a door open, which gives a signal to the persons below to come to this trap door.

PRISONER's DEFENCE.

The prosecutor followed me home, and as soon as I opened the door, he rushed in upon me, and threw me on the bed, I told him I would not, he immediately got off the bed, and offered me a shilling and some halfpence, and I would not; he then took hold of my petticoat, and pulled me till he tore it off my sides.

GUILTY .

To be privately whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-84

273. JAMES PILKINGTON and GEORGE CHARLETON were indicted for that they, on the 11th day of February one piece of false, feigned, and counterfeit copper money, to the likeness, and similitude of a halfpenny, unlawfully, and feloniously did make, coin, and counterfeit against the statute .

(The witnesses examined apart.)

(The Case opened by Mr. Silvester.)

JAMES SHAKESHAFT sworn.

On the 11th of February, Armstrong Harper and I, receiving information of coining being carried on, in Old Nicholas-street , we went there, and they let Armstrong into the back yard of the next house but one, then Harper and I knocked at the door of the house itself, a woman looked

out of the window, I told her to open the door, she said she would, and shut the window; I thought her a long time coming, and I listened at the street door, and I heard a bustle below stairs, I told her again to open the door, or else I would break it open; finding her not come to the door, at last I forced it open, Harper and me went in, I sent him up stairs, and I went down in the cellar; there were two candles burning, one was on the table, where the half-pence was made up in papers; we looked round the cellar, but could see no one, I then looked to see where they made their escape, and I found a hole that came into a cupboard in the lower room, where the coining was carried on; and then Armstrong cried out, I have got one of them here backwards, I immediately jumped out of the window backwards, and Armstrong had got Pilkington in custody, I immediately looked at his hands, and all down to the tip of his fingers, were all grease and black; I said, I shall search you; he said, you may, but you will find nothing upon me; I searched him, and found four bad halfpence blackened with brimstone, the halfpence matched exactly with those found in the cellar; there are two different sorts, some have letters and some have none, they match with both sorts; I found a large stamping press, in which these dies were fixed, I found these two halfpence and a pot on with brimstone in it, and water or some other liquor, there were these five pair of dies, and these halfpence ready to be coloured; it is usually done with brimstone to take off the new look; I found some blanks on the side of the press, and some halfpence ready made, and a candle; there was a cutting-press, and some cecil, and two sheets of copper laying by the cutting-press ready to put in it, a sieve underneath, ready to receive the blanks when cut; here is a bag with five pair of dies, and this is a smoothing engine, where they put in the half-pence to take the rough edge off; the prisoner Pilkington lives next door to where this was carried on, so he said himself; he took me into his house after he was taken, and I saw the hole in the cupboard, they had broken the partition between the two houses, and one could step into Pilkington's house just by the fire place; I searched Pilkington's house, and in the two pair of stairs room, there was a very dirty jacket; I did not bring it away, but the window was open, and I saw a great deal of foot in the room, and I looked up the chimney, I thought somebody might have got out there, and the prisoner Charlton was brought to me as black as a chimney-sweeper; and he owned before the Magistrate, he had been to this house where the coining had been carried on, and had thrown a bundle down a hole in the cellar, and that he met two men in Moor-fields, who asked him to carry a load.

Mr. Garrow, Prisoner's Counsel. You have said that his hands were dirty? - Yes, they were dirty, all his fingers grease and oil.

Had Pilkington his hat on when you took him? - Yes, I think he had.

And his coat? - Yes.

Have you been much accustomed to the apprehending of coiners? - Yes, I have been at the places where they are.

You then know that they do not usually work with their hats on? - They work at different parts, some tie up the papers, there are generally two, one to turn the fly and the other to feed the press.

The man that got away had not his hat on? - No.

Nor his coat? - No, I think the coining was carried on at No. 18.

Are you sure? - It was the middle house of the three.

Who lived in that house? - There was a woman that was big with child, and another in her arms; the prisoner Charlton when he was brought to me, was worse than a chimney-sweeper.

Do not you know that Pilkington lived at No. 19? - Yes, he did, when I saw Pilkington's wife, I knew her, and was not surprised.

Are you sure the breach in the wall was not secured and nailed up with boards,

so as no person could pass through it? - No, it was not, the communication was open by Pilkington's fire place, there are three that work at the stamping press, two at the fly, and one to feed it.

JOHN ARMSTRONG sworn.

I saw Pilkington coming out of his back window, he told me he was an officer going to take one of the men, I told him I knew one of the officers, and I would not let him go, his hands were dirty; I heard something thump as I was looking there, and found the window open, the first man that came out, had a check shirt, pursuing him I met Pilkington, I believe it was six feet from the ground.

SUSANNAH HAYES sworn.

I live in Old Nicholas-street, I do not know Charleton, I never saw him before as I know of; I saw a man that came from the houses, I believe it was Pilkington.

BARNARD FAY sworn.

I am a carpenter, I live about five doors from Pilkington, I apprehended Charleton, I saw him when he had got across the paling of my yards, he came in at the back door, bolted the door after him, and went out at the fore door, he was as if he had come out of a chimney; I repaired this house some time ago, I had not seen it for six months, but I know it was in sufficient repair, both as to the wall and the floor; and in the wall there was a hole big enough to go through.

JOHN CLARK sworn.

I have seen all these instruments, they are the necessary apparatus for coining half-pence.

- FRANKLIN sworn.

I am one of the moniers at the Mint, these are counterfeits.

Prisoner Pilkington. I was up one pair of stairs shaving myself, my wife said, Jem! Jem! there is somebody running past, and I run, and saw a little fellow in a check shirt; and Armstrong came and laid hold of me; I deny, I said, I was an officer, he knows me better himself than that; he searched me, and found some half-pence in my pocket, which I received in change, and Harper opened the cupboard, and found this breach; it is my daughter's house, I was in the country when it was taken.

The prisoner Pilkington called three witnesses to his character.

Court to Charlton. Can you give an account how you came in that dirty condition? - I was no dirtier than commonly.

What business do you follow? - Working in a rope-ground, and turpentine manufactory, and coal-heaving, and different sorts of work.

BOTH GUILTY .

To be fined 1 s. and imprisoned twelve months in Newgate .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-85

274. HENRY BRIDGES was indicted for that he, on the 4th day of February , one piece of false feigned, and counterfeit copper money, to the likeness and similitude of a halfpenny, unlawfully, and feloniously did make, coin, and counterfeit, against the statute .

(The case opened by Mr. Silvester.)

(The witnesses examined apart.)

WILLIAM WEAVER sworn.

I am one of the constables, I had information of this house, at Cook's-gardens, Haggerston , it was on Saturday night, the 4th of February; I went with Lucey and others, and his dog barked very much, we went first close to the door, and drew back, and a woman opened the door, and I stopped her being the first, and at the time that the door opened, I saw some men, one of whom, I think, was the prisoner, but I cannot take upon myself to say, with that positive punctuality, as if I had seen him

more distinctly, another man came out who is the accomplice, his name is William Parsons ; I forced into the house, I run up stairs, and saw a window open that I had just before seen shut, I therefore concluded they had got out of that window; that window looks next the fields, the garden is enclosed with a wall, so that if he had got into the garden, he could not get away, I then went down stairs, and there was a hole in the floor in the closet, on the ground floor, and there I saw a stamping-press, a fly with dies fixed, and the halfpence about.

Was this hole concealed at all? - No, we found a quantity of halfpence in hand-baskets, some were made up in five shilling papers, and one large paper parcel containing six five shilling papers, all tied up in strings; we then took the evidence, and brought the things away in a cart, the next day we went to Carolina-court, Saffron-hill, I went up stairs and opened the door which went with a spring lock, and the prisoner was in bed at nine o'clock; I told him he must get up, he said, he could not, I told him he must, says he, if I get up I cannot walk or stand, says I, then we will have a coach, for you must go with me; says he, what should I go with you for, I was not in the house; in his waistcoat pocket I found these halfpence.

There was no appearance of any body having been at work that day? - None at all.

Mr. Garrow. I believe Parsons was a good deal frightened, was not he? - Yes.

You told him he would be transported? - No.

You told him he would be a fine? - No.

You told him he would be sent to quod? - No; if you must have it, he was asked who the men were that was up stairs.

I did not ask you for his answer, that is not evidence, Parsons's wife was there, was not she? - Yes.

Did not they keep the house? - I do not know.

JOHN LUCEY sworn.

I am an officer, I was at this house, I have the dies as they were found in the stamping-press; there was a quantity of halfpence packed up, and some in a basket ready for packing.

(Shewn to the Court and Jury.)

Mr. Garrow. There are no heads on those dies, hand them up to the Jury, you will find a button on the coat of one of the Jury that will fit that die; who was in the house? - Only the evidence, Parsons, there were thirty-five shillings-worth of half-pence tied up, and I believe the same quantity loose.

You found no cutting-press? - No.

Nor no cecil? - No.

JOHN CLARKE sworn.

Is this a complete apparatus for carrying on coining? - Yes, all but the large press, which I saw at Mr. Lucey's house.

Court. Do you not conceive it possible that the blanks and cecil may be cut at one place, and be brought to another? - It is generally so, they do it for their own safety.

Look at these dies, and that halfpenny; will those dies make a piece of coin like that? - Not a doubt of it.

Can you say whether they were made by that? - It is impossible to do that, because two dies may be made as near as possible so that your eye cannot distinguish; these fit that die exactly.

Did you ever see any buttons of this kind? - Seldom or hardly ever.

PETER COOK sworn.

I live at Haggerstone; I know the prisoner, he took a house of me at Christmas, an old man and an old woman, his servants lived in the house, I saw the prisoner in the garden of that house, either on the Thursday or Friday, I saw him and Parsons at different times bring goods into the house, Parsons and his wife lived there constantly; I let this house on a written

agreement (Produces it.) he never did come into the house to live.

Mr. Silvester. Was there any conversation about the house, when he was taken before the Magistrate.

Mr. Garrow. Now was not all he said before the Magistrate taken in writing? - He did not shew it to me.

Do not you know it was taken in writing? - I did not read it.

Do not you know it was taken in writing? - I look upon it, it was.

What do you believe? - I believe it was, upon my oath.

Mr. Garrow. My Lord, then I object to his parol evidence.

Court to Clarke. Was you present when this man was examined? - I was.

Was the conversation between the prisoner taken in writing? - No.

What was said? - He said, he would keep in the house, I told him, he had better not, but give up the key; he said, I will send a man to take away the goods, and he gave me this key, which was the key of the garden gate.

WILLIAM PARSONS sworn.

I have known the prisoner three months; I went to live at Haggerston, about three weeks before I was taken up, there was Bridges, Heron, a little girl, and my wife.

What did you amuse yourselves at? - I am a painter, I used to go and see for work, and go of errands.

What was done in doors? - Coining, your honor.

How was this business carried on in this house? - A little girl put in the money, Bridges and myself pulled, and Heron worked the edges.

How long had you carried on this business? - About three weeks, I believe.

Who was in the house when the officers came? - Mr. Bridges, Mr. Heron, the little girl and my wife.

What became of Mr. Bridges, and Heron? - They went out your honor, Heron went out into the yard, my wife and little girl went out at the street door.

Which way did Bridges go out? - I think he went backwards apparently to me to go to the cellar.

Do you know his handy works again, when you see them, were those the grand things you used to make, look at them? (Shews him the halfpence.) - They appear to me to be like them, there was about half a rush basket full, and some that were old out, I received no money only a bit of victuals, I was to receive nothing, only what my wife gave me, I could not work at the business to get money, I have lost one of my arms.

Then you never worked at it? - No, I could not.

Who pulled the fly? - Mr. Bridges, and a little girl put in.

You swore just now, that Bridges and you pulled the fly, did you never pull the fly with Bridges? - About half an hour, he asked me to try to pull, to lend him a hand, but I never earned any thing at it.

Did you ever lend him a hand? - Once, your honor.

Who used to do it in common? - Bridges, and Heron assisted him

Mr. Garrow. Mr. Parsons, you was the only one of the covey that did not escape? - Yes.

They frightened thee pretty much, did not they, they talked of transporting thee, did not they, do not I speak loud enough for you? - Yes, your honor.

Did not they threaten you, they would transport thee? - I was affraid, your honor.

Did not they tell you they would transport you, if you did not tell? - No, your honor, not that.

What made you squeak then? - Because I did not know the consequences of it; they told me to speak every thing that I knew.

You was a good deal frightened, cockey? - Yes.

They have kept you in limbo ever since? - Yes.

You had not been used to these sort of things? - No.

Who may you have been formerly? - I have been a glazier and painter; I fell

out of a window, and cut my arm to pieces, and they cut it off in the hospital; me and my wife lived in this house constantly; Bridges was to come at Lady-day.

How is your eye-sight? - Very indifferent.

What light did you use to have when you was at work in the cellar? - I am rather deaf.

What light had you to work by in the cellar? - Candle-light.

How many candles? - One at the press, one at the smoothing-engine, and one for the putting-in girl.

Did you never see Mr. Williams there? - No.

Did you never call Williams by the name of Bridges, and your wife has mentioned it to you? - Yes.

RICHARD FRANKLIN sworn.

I am one of the moniers of the Mint; these are all counterfeits.

Prisoner. I leave it to my counsel; when I took this house, I told Mr. Cooke I should not occupy it till Lady-day, and that I should let that part to John Williams ; then I put this Parsons's wife to look after it at five shillings a week; I have proof that I was in another place at the time that the officers came to the house.

MARY ROGERS sworn.

I live at No. 104, on Saffron-hill; I wash for the prisoner.

Prisoner. Do you remember me coming to your house at six o'clock on Saturday? - Very well; and you remained till almost eight; I had not ironed it when he came, and he stopped till it was done.

What Saturday night was this? - The evening before he was taken up; I did not attend the Justice; I did not know it till the Tuesday the prisoner sent to me.

To Weaver. What time did you go to the house? - It was about eight in the evening; he endeavoured to prove at the Justice's that he was at another place in Fore-street, at a public house, in company with one Williams.

JAMES WOOD sworn.

The prisoner lodged with me at Mr. Whitby's public house in Carolina-court; I remember the prisoner standing in the taproom on the evening on the Saturday night; he was taken out of bed the next morning.

The Prisoner called two other witnesses, who gave him a good character.

GUILTY .

Fined 1 s. and imprisoned twelve months in Newgate .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-86

275. JOHN WILLIAMS was indicted for feloniously stealing, on the 3d day of February , twenty-five pounds weight of raw sugar, value 10 s. the property of Griffith Jones and others.

And JANE LANE was indicted for feloniously receiving the same, knowing it to be stolen .

JOHN WILLIAMS , GUILTY .

Whipped .

JANE LANE , NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-87

276. WILLIAM HAYNES was indicted for feloniously stealing, on the 10th day of February , one Cheshire cheese, value 5 s. and one other Cheshire cheese, value 5 s. the property of Thomas Bell and Leonard Bell .

GUILTY .

To be imprisoned six months in the House of Correction .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-88

277. SAMUEL WILSON was indicted for feloniously stealing, on the 7th of February , one printed cotton gown and coat, value 10 s. one silk gown, value 10 s. a cotton gown, value 15 s. a petticoat, value 15 s. five shifts, value 10 s. two muslin aprons, value 9 s. five other aprons, value 10 s. two pair of pockets, value 8 d. a pair of dimity ditto, value 6 d. seven pair of cotton stockings, value 5 s. one pair of thread ditto, value 1 s. a pair of silk ditto, value 2 s. two handkerchiefs, value 4 s. a shawl, value 8 s. thirteen yards of printed cotton, value 37 s. and four aprons, value 3 s. the property of Elizabeth Kirby .

ELIZABETH KIRBY sworn.

On Tuesday the 7th of February, at seven at night, I went to the George and Gate, in Gracechurch-street ; I went into the house with the coachman, and left my box in the boot of the coach; the man in whose care the box was left, cried out, stop thief! and said, some of the coaches was robbed, and it proved to be the coach my things were left in. (The box produced, and the contents enumerated.) I put them in my box between eleven and twelve, before I left my place, and I examined it after it was found, and every thing was right, nothing was missing; as soon as the prisoner was brought in, and knew me, he begged for mercy.

- PAYNE sworn.

I am the coachman; I brought the lady from Croydon; this is the box I put in the boot; the prisoner was brought into the house by How the constable.

JOSEPH NOVELL sworn.

I look after the stages, as they come in; the coachman says, do not leave my coach, for I have got a box; I was asked by somebody, where the Camberwell coach was? I said it was the third coach off; I turned about, and saw the prisoner with two others; and I saw the prisoner take the box out of the boot of the Croydon coach, and him and another were carrying it away; I cried out, stop thief!

Was he out of your sight? - Yes, my Lord, but I am sure he is the man; I saw his face by the light of the Apothecary's shop.

WILLIAM HOW sworn.

I am the constable. On the 7th of February, I met the prisoner at the end of Gracechurch-street, and hearing the cry out, stop thief! the prisoner tried to trip up my heels, but I was too heavy for him, and I secured him, and took him to the Compter.

PRISONER's DEFENCE.

I know nothing of the matter; but being running, the constable laid hold of me.

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

GUILTY .

To be transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-89

278. ROBERT DUKE was indicted for feloniously stealing, on the 31st day of January last, three dozen and four bunches of onions, value 5 s. two dozen bunches of leeks, value 1 s. and one wicker basket, value 6 d. the property of Robert Made .

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-90

279. Thomas Fisher was indicted for feloniously stealing, on the 16th day of February , one calf's skin, value 5 s. the property of Simon Hawkins .

The prisoner was taken with the skin.

GUILTY .

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

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-91

280. RICHARD SMITH was indicted for feloniously stealing, on the 11th day of February , one iron kitchen range, the same being an utensil and fixture, value 8 s. belonging to Isaiah Buckhurst , he having no title, or claim of title thereto .

ISAIAH BUCKHURST sworn.

I live at Hampstead ; on Saturday the 11th of February, I was going to the Spaniards, between three and four, I saw two fellows coming with sacks, I thought I saw them coming through my fields, which joins the Spaniards; they went round the house, I went to the Spaniards, and staid an hour and an half, and coming back, I met the same two men just on this side the house; they were without sacks; they run away to hide themselves, and I went and hid myself too, to see what they were going about, and then they run away through a barn; the next morning, a constable and watchman came and asked me if I had lost any thing out of that house? I said I did not know; I went along with them to see, and I missed my grate; I swore to it when it was found on the Monday morning; I am sure the prisoner is one of the two men I saw.

A WITNESS sworn.

About nine, to the best of my knowledge, I saw the prisoner with the range on his back, in the road between Tottenham-court-road and Mother Red-cap's; he was coming to town; I stopped him, he said he came from Mr. Lomax's at Hampstead, and was going to carry it to Snow-hill, to have it mended, and I called Croker to assist me, and left the grate at the toll-house in his charge.

HENRY CROKER sworn.

I went with the watchman; I asked the prisoner where he brought the range from; he said from a gentleman at Hampstead, one Mr. Lomax, and was going to carry it to Snow-hill; he said Mr. Lomax lived there; I then asked him what Mr. Lomax was? he said he was a linen-draper; I took him to the toll-house, and asked him the same question; I made a memorandum of what he said; I marked the grate, and left it at the toll-house, and went with him towards Snow-hill; when we got two hundred yards from Tottenham-court turnpike, I said I am positive this is a story; immediately he said he found it in the field; I took him to the watch-house, and going along, I said, my friend, you must have some accomplices; he then fell a-crying, he said he had a wife and five children, and an accomplice; and there was another man coming along with a sack, and an iron bar, and other things which he described, I went to the turnpike in order to stop the man that was coming, the prisoner told me the house where he had taken the range from, and I went to the house.

JOHN DUCK sworn.

I lived with Mr. Buckhurst at that time, I took care of the range (The range produced and deposed to.) It was fixed with brick and mortar, as other kitchen ranges are; I believe they did not break open the door.

Prisoner. I have nothing to say; I only beg for favour of the gentlemen all round; I was brought in a snare by this man.

Jury to Prosecutor. What time was it when you first saw him? - It was half past three; I am sure he is the person.

How long previous to that did you see the grate? - We are repairing the house; I saw the grate that morning.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-92

281. ROBERT FINSHAM was indicted for feloniously stealing, on the 4th day of February , four pounds weight of loaf sugar, value 5 s. and half a pounds weight of green tea, value 4 s. the property of Richard Redhead and William Birch .

RICHARD REDHEAD sworn.

The prisoner quitted my house at half after twelve at night; he was my porter between two and three years; after he was gone, I found the sugar missing; I went to the watch-house at a quarter before one, and there I found the prisoner, with the sugar; he said he bought it; I asked him where, and what he gave a pound for it; he made no answer; nothing was found at his lodgings. I am sure of the sugar.

Mr. Knowlys, Prisoner's Counsel. Had he been out that evening? - Yes.

You looked upon him to be a perfect honest man? - Yes.

You have entrusted him before this time with considerable property at his own house? - I have.

You had never missed any thing before? - No.

He, as your porter, was liable to go out of errands whenever you chose to send him? - Certainly.

Then it was possible this man might have made purchases for himself in the course of that day? - He might.

ANTHONY HARRISON sworn.

I took charge of the prisoner; the sugar lay in a chair; Mr. Redhead said it was his property; we looked at the marks at the bottom of it; the prisoner said nothing material.

Three other witnesses assisted taking the prisoner, with the box.

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

GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-93

282. THOMAS STRATFORD was indicted for feloniously stealing, on the 26th day of January last, four bars of wrought iron, value 10 s. the property of Samuel Parker .

There being no evidence, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-94

283. ANN CHADDOCK , alias CHARLOTTE WATERS , was indicted for feloniously stealing, on the 14th day of January last, one pair of fustian breeches, value 15 s. one pair of silver knee-buckles, value 3 s. and sixteen pounds in monies numbered , the property of George Summerline .

GEORGE SUMMERLINE sworn.

I am a married man. On the 13th of January last I lost the things mentioned in the indictment; I was going to Fleet-lane, we had had a bit of a feast, and I staid rather later than ordinary, it was pretty nigh one; I was rather in liquor, as it might happen, but I was sober enough to know what passed; nobody was in company with me but this young lady; I was going by the Orange-tree in Fleet-lane, and she said, Summerline, you shall go along with me, you are a little in liquor, I will see you safe home; I knew her for four years, I have sold her fruit, I sell fruit by commission .

What is the prisoner a fruit girl ? - Sometimes, not always; I went to her room in Seacoal-lane , there was nobody else in the room that I saw; we sat by the bedside, and I being a little sleepy and tired, she got to work, and pulled my breeches off directly, and put the candle out, and away she run with them; they were fustian breeches, and silver knee-buckles, and this money, and a crown-piece in particular; I saw my money just before I left the house where we had the feast, for me and three

more paid the reckoning; I had fifteen guineas in gold and some silver, I could not tell how much; there was a crown-piece that I had taken that very morning; I did not meet above one person, and that was a gentleman going home; I saw nine guineas and some silver before the Lord Mayor; I cannot swear to a guinea; the crown-piece I could have sworn to, but it was not there. I was obliged to stay till I could borrow a pair of breeches the next day; the prisoner never returned.

ANN WISE sworn.

I live three doors from the prisoner; I saw her bring a pair of breeches of a brownish colour, and a pair of silver knee-buckles in them, she had only her under-petticoat on; I heard the chink of money, and saw her put money out of the breeches into the tail of her gown; it was about one on Friday morning.

JOHN NEWMAN sworn.

I saw the prisoner very much in liquor on the morning of this robbery, past five, it was at the King's Head; I searched her, and found twenty-five or twenty-six shillings, a crown-piece, and half a guinea, tied up in the corner of her handkerchief.

ROBERT LYLE sworn.

I saw her pull out eight guineas and two half guineas from her cap.

Prisoner. I shall say nothing till my property is returned.

GUILTY .

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

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-95

284. GEORGE PRESTON was indicted for feloniously stealing, on the 23d day of January last, two quart pewter pots, value 18 d. six pint pewter pots, value 4 s. and one leather strap, value 4 d. the property of William Smith .

The prisoner was taken with the property upon him.

GUILTY .

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

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-96

285. JOSEPH FULLER and JAMES SEXTON were indicted for feloniously stealing, on the 20th day of January last, two wooden beetles, value 2 s. and one iron mattock, value 4 s. the property of George Hedges .

The prosecutor found the mattock in the hands of the prisoner Fuller, the two beetles lay between the two prisoners.

JOSEPH FULLER , GUILTY .

Whipped .

JAMES SEXTON , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-97

286. JOHN WHITE was indicted for feloniously stealing, on the 4th day of February , one cheese, containing eighteen pounds weight, value 10 s. the property of William Gibson .

The prisoner was taken with the cheese by Thomas Nash the watchman, who saw him take it.

GUILTY .

To be whipped and imprisoned one month in Newgate .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-98

287. JAMES ROW was indicted for feloniously stealing, on the 19th day of February , twenty-eight pounds weight of leaden pipe, value 3 s. 6 d. belonging to Henry Charles , and then and there fixed to his dwelling-house against the statute .

The prisoner was taken with the pipe upon him.

GUILTY .

To be transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-99

288. JAMES POLLARD and ROBERT WILTSHIRE were indicted for feloniously stealing, on the 13th day of January last, two plate coach glasses, value 5 l. the property of James Smith .

JOHN WILLIAMS sworn.

I drive for Mr. Smith of Chelsea, on the 13th of January, I left my coach at a public house door in Piccadilly ; and I was called out, and Stephens had the prisoner Pollard by the collar, and the glass was at the bottom of the coach unbroke.

JOHN STEPHENS sworn.

I left the coach a minute, the coach door was open, and they stooped down, when I came up the prisoner Pollard threw something into the bottom of the coach, I went up to see what it was, and there was the glass and nothing else; I went after him, and brought him back, and sent for the coachman, he was never out of sight, I know nothing of the other, only he was in company with him.

Prisoners. We know nothing about it.

Jury. What situation was Wiltshire in? - He stood by the left hand side of Pollard as close as he could stand.

BOTH GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-100

289. LEONARD STONE was indicted for feloniously stealing, on the 8th day of January last, eight yards of woollen carpetting, value 42 s. the property of Edward Johnson and Thomas Butler , in their dwelling-house .

The prosecutor Johnson saw the prisoner take the carpet out of his shop, as he stood opposite with Mr. Suffrey, who also saw him.

GUILTY, 38 s .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-101

290. JOHN MOODY and PETER (a black man) were indicted for feloniously stealing, on the 5th day of February one hundred and fifty-six pounds weight of lead, value 10 s. belonging to James Benson , and then and there fixed to a certain house of his, against the statute .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-102

291. WILLIAM LYCETT and JOHN JENKINS were indicted for feloniously, stealing on the 24th day of January last, in the dwelling house of John Brown, one bank note, No. 2137 dated the 5th of December, 1785, value 20 l. one other bank note, No. 8365 value 30 l. one other bank note, No. 4754, value 50 l. the property of James Hastings , the said notes, and every of them, being due and unsatisfied, and the several sums due and payable thereon unsatisfied to James Hastings , the proprietor thereof, against the statute .

The Case opened by Mr. Silvester.

JAMES HASTINGS sworn.

On the 24th day of July last, I went into the Park, to know what time the King went to the House; I was looking for the King, and I was accosted by a person who looked like a gentleman, extremely well dressed, who asked me what time I thought the King would come past; I said I imagined he would be coming soon; he said he should be very glad to see him, for he was but lately come from the country, not above a week, from Nottingham, and must return the week after; says he, I think by your language you are North country; yes, says I; what part? says he; near to Berwick-upon-Tweed, says I; says he, I came from the next parish; and several circumstances he mentioned, made me believe that he came from that country; he said he came from Nottingham, and had married an heiress, and was now in possession of an independent fortune of four hundred a year.

Mr. Garrow, Prisoner's Councel. You are speaking now of the man you call Jones? - He said his name was Scott; and when the King came past, he said, we must drink together, and I said, with all my heart; and he took me to a house in Hedge-lane , and when we had been there a little while, he said, have you had any dinner? I said, no; he said, I will go out and get some pork chops; he went out, and returned, and said he could not get any, but he brought some sausages; then came in that gentleman, the prisoner Lycett, and he said to the prisoner Jones, I have got a part of your money, and he threw down a fifteen-pound bank note, and told out fifteen-guineas, and the rest you are to have next week; then, says Jones, that is one of the cleverest fellows in England, I should never have got this money, if I had not been recommended to him, he is Sir James Esdaile 's out-door clerk; says I, I have kinsman in a banking house, a teller at Mr. Castle's; oh, yes, says he, I know him very well; from that I looked very earnestly at them, to take very particular

notice of them; and this Mr. Jenkins he came in, and said he wanted the way to the Park, where the officers walk; why, says he, I came up from Worcester, and one of the officers that wears red clothes has run away with my lass, and I will give all my money to find him; then he took out a pocket-book, containing a parcel of bank notes, as I thought, and threw down a quantity of gold; he said we were all a parcel of poor taylors and barbers, and he had an aunt that belonged to the work-house at Worcester, and he had more money than any one, and if he could meet with his girl, he would give it her all; he said he would give a shilling if we could produce five guineas; he threw down a shilling; says Jones to me, have not you got five guineas? No, says I, I have but two guineas and a half; then, says Jones, I will make up the rest, and he took up my half-guinea, and put down three guineas, and I believe he took up all the rest afterwards, for I did not think to ask for it; then he slung down a shilling, as he had done to the other man; says I, I will have none of your shilling, it shall not go into my pocket; but then, says they, them two shillings shall go for the reckoning; then, says he, I will lay you five guineas that you cannot shew one hundred pounds a piece; Mr. Jones says to him you are an impudent fellow, I can produce two or three, and also Mr. Lycett said he could, and then they applied to me, could not I find it; I said I had no such thing; after a great many intreaties of them two, I said, to be sure I could do such a thing if I was to go for it; they pressed me very hard to go, they said I might as well have the five guineas as not, and Jones would go along with me; I was foolish enough to go; I went to Lombard-street, I had a twenty-pound and a thirty-pound note at Castle's and Powell's, and the fifty-pound note I had at Mr. Bland's, that was Mr. Grey and Freeman's, but they went and got it for me, while I staid there; then we came back to Hedge-lane, Jones and me; we had not been in one ute, Lycett and Jenkins were sitting, and Lycett said that Jenkins had lost seventy guineas at a coffee-house with some officers; they said he was a foolish country booby, and did not know his letters; he said he thought he did as well as they; with that they got a bit of chalk, and marked A. B. C. D. then Mr. Jones made a letter, and Jenkins he turned about, and did not win it; they were to make a letter, and put a bottle over it, there was some guineas on the table, but how many I do not know; Jones won that bet, and I believe there was another bet, I believe Lycett won the next, but they insisted upon my making a letter, they solicited me to make a letter, I did make a letter C, so says Jones, put down one of the bank notes; I was foolish enough to put down one of the bank notes, a twenty pound; I made a C, and covered it with a bottle, I believe the bet was four or five guineas, but which I cannot say.

How came you to put down a bank note? - I had no cash, and they solicited me very hard to do it, and I had absolutely forgot he had taken up the two guineas and a half of mine; I made the letter C, and put the bottle over it, and then Jenkins turned round, and Jones says, once, twice, thrice, and off; so Jenkins pointed to C, and this Mr. Lycett says, it is all your's, it is all your's, and he pushed my bank note and money to him; and Jenkins whipped up the note, and out he runs out of the room; I was thunderstruck; then up the rest got, and away the other two run after him; my pocket-book was laying at my left hand, and as soon as ever they were gone, I looked into my pocket-book, and the thirty and fifty-pound bank notes were gone too.

Look at those men, are you sure that those a re the men? - I am very sure of it, I took a great deal of time to look at them.

How long was you in their company? - I was in their company above an hour, it is impossible for any man to see these men an hour, and be in their company, and not know them again; I took particular notice of Mr. Lycett, when he said he was Sir James Eldaile's clerk, so particular that he had a pair of corderoy breeches, and they

looked very shabby, it is a face that no man can be deceived in, and his voice, I am sure of them, that they are the two men.

Mr. Garrow, Prisoner's Counsel. I recommend it to you not to conclude too soon that no man can be mistaken, perhaps you will hear twelve men upon their oaths say, you are mistaken? - Perhaps not.

I rather think you will, do you know the number of the notes at all? - This is my hand writing.

Taken from the banker's since you lost your notes? - Yes.

Then you may put it in your pocket.

Mr. Silvester. The notes you had, who had you them from, the banker? - I had the fifty pounds note from Mr. Gray's clerk.

Is that clerk here? - Yes, and the other clerk.

Mr. Garrow. Now, Mr. Hastings, what countryman are you? - I told you I came from the neighbourhood of Berwick.

Had you been long in town before this King went to the House? - Thirty-eight years.

That is marvelous! did you know Hedge-lane? - I know Hedge-lane, for I lived in the neighbourhood of Hedge-lane many years, I have connections with Mr. Roberts in Oxendon-street, a lawyer there.

May you be of any trade Mr. Hastings? - No, I am in no trade, I have an employ in the customs.

That is more marvelous still? - I am not ashamed.

There is nothing to be ashamed of, not even your folly; you like the rest of the loyal subjects, were gaping for the King? - I had not much to do that day.

So I should suppose; the man you picked up was a perfect stranger? - I knew Jones before, I had seen him walking upon the change then, and I saw him twice since.

Did you lay hold of him? - He is a very tall man, and he had a great stick in his hand, I went to get a constable first.

I think one came in that was the clerk to Sir James Esdaile , and afterwards there came in the booby, a sort of lout, a thing that had not much brains, you thought? - He had too much for me.

He had too much for you! you took him to be a sort of lout, you took him to be a fool of a fellow, that was squandering his money? - I did, and these people plied me so very hard.

In short, to make very short of the story, you thought there would be no harm in having some of the fool's money? - I had a very great scruple.

However, you put yourself to the trouble of going to Lombard-street, to get more money, to win some of the fool's money; why the biter was bit, north countryman as you are, you do not come far enough north yet? - No answer.

Ha! not a word, perfectly dumb, thunder-struck; why Mr. Hastings, I shall not get forward at this rate at all, we shall sit here till this day month, we are likely to sit long enough without it; what bet did you win? - I received none.

That is well, then you never said, you won five pounds? - I never said so.

Did not you win five pounds by producing the hundred pounds, you know the first heat? - I did not receive it.

I know that very well, you produced the hundred pounds? - I swear it never was produced, the hundred pounds upon the table.

Now, I ask you, and attend a little, upon your oath, was it not so produced, as that the wager was declared to be won by you? - No, it was never mentioned after we came into the room, for they began, Lycett and he upon the A. B. C. and it was never mentioned.

You saw that somebody had won at the A. B. C. very easy, you saw they beat the fool at it? - They beat him.

You thought you could beat him too, so you made your letters? - Yes.

Will you swear that you did not deposit the whole hundred as a bet against your hundred? - I will swear that, if I was to meet my God this moment.

You muttered something, that you was

bewitched, we know that love bewitches men; I take it, it was the love of gain that bewitched you; you thought you could get a cool hundred out of the fool, it was better than that he should spend it at that house; did not you mean to win the hundred from the fool, you was in love with the fool's fortune, and you got it at last; now do you mean to swear positively that you took the hundred pounds to Hedge-lane? - Yes, I saw the the bank-notes after I came there, when I took them out to lay the twenty pounds down.

You put up your pocket book again? - No, I did not, it was not a minute, I was standing, and my pocket book was there, and the letter was before me, in a minute's time it was gone.

When you had put your letters under the bottle, the next thing was to make the deposit? - Indeed the deposit was down before the letter was made, the deposit was down, for Mr. Jones insisted upon my making it.

The twenty pounds was the stake? - Undoubtedly the twenty pounds was put down as the stake.

Do you mean to swear that you carried the thirty pounds and fifty pounds with you? - I swear that I carried the thirty, and fifty, and the twenty pounds to Hedge-lane.

Are you sure that you did not pledge the whole upon that stake? - No, I am very sure I did not.

Before these persons went, did they tell you for what purpose they were going? - No.

How long did you continue in the house? - I do not know, I was surprized, I saw what company I had been in, I was not in the house half a minute.

Will you venture to swear that you did not continue in the room waiting for these people ten minutes? - I will swear that I did not continue there five minutes, I am sure it was not two minutes; after I recovered myself, I said, to the man of the house, do you know these men; says he, I do not know them; says I, surely you must have seen them, he said, he had seen the little one somewhere in Holborn, well says I, they have robbed me.

You said so cooly, just as a man would talk of being cheated at play? - I staid but a very little, I dare say, I did not stay there above ten minutes, and the man asked me where I lived, in case he should hear of any of them; it was a fortnight before I divulged it to any person upon earth.

How soon after the fortnight was it before you went to the house of Lycett? - I cannot positively say the day.

Was it a week, or three weeks? - It was not above three or four days.

Now you have told us you was directed to the house of Lycett? - Yes.

You went in disguise, and you found him in the business, and it struck you directly as soon as you saw him? - Yes.

Who gave you the information? - I do not know the person that gave it me.

Was it not one of the thief-takers that told you? - No, it was not.

Can you tell who it was? - I do not chuse to tell you.

Will you swear that that person did not tell you, that at the house you went to, you would find the persons who had defrauded you? - No, he did not say I should see the men in Lycett's house, there were more houses that he directed me to.

Did you go to these other houses first? - I had been in several houses.

Did not you go there to find the men that defrauded you? - I have been looking for them ever since I lost it.

Upon your oath, did not you go to Lycett's house to find the men that defrauded you? - I went into many houses.

Court. That is a very fair and plain question, did not you go to look for the people that defrauded you? - Yes, my Lord, I did.

Mr. Garrow. Had not you gone to the other houses first? - I am considering which of the houses I went to first; I went into the Brown Bear , Bow-street, and from there I went to the Queen's-head, Chandos-street, and from thence I came down Holborn to Chancery-lane, and went to Mr. Lycett's.

Did not the person whose name you chuse to conceal, and who gave you the information, tell you that at Lycett's house you would see the men that had defrauded you? - No, he did not say I should find them there, he said there were houses to which I might go, but the moment I came in I knew Lycett, there was a person talking with him, and Lycett said, I know all the spies are out; thinks I, it is high time for me to get away; I saw Jenkins sitting in the same box, I knew his eyes directly, his is a remarkable face; I was not satisfied with that, I would not have them taken up till I saw them once more; either the next day or the day following I went to Lycett's and had a pint of beer.

What fort of room was it, where you lost your money? - A little room below stairs from the tap room.

How many people were in the tap-room? - I cannot say.

Suppose you had called out stop thief! would they not have been stopped; did not this man go through the tap room; a man must come into the tap room to get out? - Yes.

Court. Then this door opens into the passage? - Yes.

Mr. Silvester. When the bet was made for the twenty pounds, they put down four or five guineas? - Yes.

You did not bet the whole twenty pounds? - No.

RICHARD GWILLY sworn.

I am clerk to Castle and Co.

Do you know the number of the note from your memory? - I cannot say I do.

Have you examined the books? - I have.

Mr. Garrow. Did you compare that with the number on the book yourself? - The number of the twenty pounds is 2137, 8365 the number of the thirty.

THOMAS FLOWER ELLIS sworn.

The number of the fifty pounds is 5754; I am clerk to Mr. Bland.

Court. Let all the witnesses go out, and let them he examined separate, I have a question to ask of the prosecutor first; Hastings, can you recollect what time of day it was, when you went to this public house? - It was almost four o'clock when the King went, it was very late, I know it was after three when I went to the public house.

How long had you been there, when Lycett came in? - I suppose half an hour, or three quarters of an hour, it was before, because I was in the city I fancy before that time, I fancy it might be between four and five when Lycett came in.

How soon might Jenkins come in? - I cannot positively say whether it was before Lycett or after, but I think Lycett was the first, because he asked for the parcels, and they asked what parcels, and he said there were three parcels; then Jenkins came in after, I think it was after, it was not many minutes.

About what time was it when you went to the banker's? - It was about five o'clock.

Court to Gwilly. Do you recollect what time it was these men came to your shop? - Between four and five.

Court to Ellis. It must have been in banking hours, I suppose? - Certainly, Sir.

Consequently before five.

Court. Let Mr. Hastings go out of Court, and go into the parlour, I shall have a question to ask you after they are examined.

BENJAMIN BROWN sworn.

I keep the Horse and Groom, in Hedge-lane.

Do you remember Mr. Hastings that you have seen here, ever at your house? - Yes, Sir.

Was it the day the King went to the House, the 24th of January? - Yes.

Was he in your parlour any part of the day? - Yes.

Was there any company with him? - Yes, another gentleman came in with him.

How is that parlour situated with respect

to the fire and the tap room? - Close to the tap-room.

Can any person go into the street, without going into the tap room? - Yes.

Did you ever recollect seeing him before? - I did not.

Do you know the two prisoners at the bar, or have you ever seen them? - No, Sir.

Upon your oath was either of them at your house with Hastings? - I never saw them before, I am clear they were not in company with Hastings at my house.

Whoever the people were that were in the parlour with Hastings, do you remember their going away? - Yes.

How long after was it you saw Hastings? - It may be ten minutes.

You think it was? - I think it was, he came out of the parlour once or twice, they came out of the parlour, and left the door open, and he sat in the parlour facing the tap room, he came into the tap room, and seemed very uneasy, and asked where those gentlemen were that were in the parlour.

What did he say to you when he spoke to you? - He asked me whether I knew these gentlemen, I told him no, so he began to hang his head, and said, he had met with some bad company, I asked him why, what is the matter, he said he was taken in.

Did he tell you how? - Yes, Sir, he came to the bar, and leaned over the bar, my wife and I was in it, and he began to tell us the case, that he had laid wagers on figuring, and that he had lost a quantity of money.

How many people were in the tap room at that time? - The tap room was pretty full.

Then he leaned his head over to you that the company in the tap room might not hear? - Yes, I went into the parlour after that, and he told me the whole how it was; he said, he was ashamed of himself and did not know how to make mention of it; he said, he was never so deceived, and taken in so in his life; he could not have bought that he should be led into such an error.

Did he shew you how he had lost his money? - He told me by figures or letters by writing something on the table with chalk, I think it was letters, I do not recollect seeing the remains of any, there was some little dash of chalk, but I do not recollect what it was.

Did he complain any thing of being robbed or any force being used to him? - Not that night.

How long did he stay after they were gone? - I cannot say, but I dare say, he was there good part of an hour talking about this.

Mr. Silvester. You are the landlord of the Horse and Groom? - Yes.

You had a good deal of business that day? - I was pretty busy.

Who was your company in that little room that day, do you see any of them in Court? - No, I do not see them.

Do not look always at the bar for your friends? - I know that the prisoners are not the men, I should know the men if I was to see them.

How long had you been in the room? - I sent out for some sausages and pigs kidney, and I served them with beer, I have a boy, I never saw this Mr. Jones or Mr. Jenkins or the other in my life; when this man said he was sadly taken in, he said, he had lost his money.

Court. Had you occasion to be much in the room with these men? - No, Sir, no more than waiting on them.

Had you any reason to observe them particularly? - By his telling me of them, made me recollect more.

When you was in the room with these people, had you any particular reason for observing them? - None at all.

You never saw them before? - Not to my knowledge.

Have you any doubt about it? - I might see a person in the street, I do not know that I have, I may and I may not.

Do you know that you had ever seen them before that day? - Not that can recollect.

Do you recollect that you have ever seen them before? - I never did.

Were you acquainted with the two prisoners before that time? - No, nor since.

When did you first see the two prisoners? - I believe it was the day they were taken up, they came down to our house with the officer; I do not know how he came to bring them to my house; the prisoner Lycett came to tell me he was going to the Justice's, he brought the constable to my house to know whether I knew him, I told him I did not; I saw them go out, they all three went out together, it was in the evening.

What time? - We had lighted candles, it might be five o'clock, or between five and six, I cannot positively tell the time.

Do you remember their coming in? - Yes.

Did they all come in together? - No, they did not.

Who came in first? - This Mr. Hastings and another.

Did they come in, first one and then the other? - I think they did.

After they were all four in the room, was there any other company with them? - No, not to my knowledge; Mr. Hastings and one of the others went away; the person that came with him, went away with him.

What drink had they? - They had some porter, and some rum and water; I do not recollect they had any spirits, I saw the three men go out.

Who paid the reckoning? - They paid the reckoning as they went out.

Did you stand in the passage to take the reckoning? - The bar door was in the passage, and they gave it me as they went out at the door.

Are you sure of that? - Yes.

Did Hastings see that they paid the reckoning; or did you tell him that they had paid the reckoning? - I dare say I did, I do not recollect he asked me that question.

Did you tell Hastings that you had seen them go out? - Yes, he came and asked me, and looked about and asked if they was there, and I told him I saw them go out.

No, but did you tell him? - I did not tell him.

Did you tell him you had seen them go out at all? - He knew I must see them go out.

Did Hastings pay the reckoning over again? - No questions were asked by him about the reckoning, the last time they came in, they had two sixpenny-worths, and they paid me the other when they came out.

Being a round sixpence it was soon paid? - It was paid in a sixpence, they gave me sixpence.

They paid you first one sixpence and then another; so then they had no occasion to stop for change? - No.

Who paid for the sausages and beer? - They paid for that before they went out, they paid their dinner score before.

Did Hastings pay his part? - I do not know.

Did you receive the reckoning in the room with them all? - Upon my word I do not know whether they came to the bar, as they came out of the room to pay me the last sixpenny-worths.

Then the reckoning was paid at three different times? - I cannot tell whether they had ordered a pot of beer or not, their dinner score was paid together.

When did you first see Jenkins? - I never saw him him in my life since, when I saw Lycett, Jenkins was not with him, they were both at our house, but not together.

What brought them to your house? - I did not ask them.

Is there any body of the name of John Brown, that keeps a house in Hedge-lane? - No.

Your name is Benjamin you are sure? - Yes.

Have you never told any body it was John? - No.

There is a blank left for the name, and filled up with instructions, positive instructions for the prosecutor.

GEORGE NORTHOVER sworn.

I live at No. 36, Islington Road; I am a carpenter; I know the prisoner Mr. Lycett; he lives at the Hole in the Wall, Chancery-lane; I made a new bar for him; I remember being employed by him on the 24th of January, and for fourteen days before, I had not finished it but a few days; on the 24th of January, I breakfasted with him, and I had a bit of luncheon, and I drank something with a gentleman belonging to the Royal Circus, I continued in the house till nine at night, he was there all the time, he was very lame, he told me it was by wrestling; he asked me to go on the Saturday night, I found him lame when I came to work, and he was lame the remaining part of that week.

Can you say, that from one o'clock on the Tuesday, till eight o'clock at night, he did not leave you? - I can v enture to say it, Sir, upon oath; I wish to be put to the strictest oath you can give me, I am able to say he was not from home; I have no particular reason for recollecting the day, till they asked me if I remembered his being at home; I was served with a subpoena to attend this Court.

What means did you take in order to recollect? - I could tell by my work, and his being lame, I was there at work every day in that week.

But how was you able to recollect this lameness was in that week? - I recollect it chiefly by being the time the King went to the House; I know the day before he was lame, I heard also a talking of it at that time; I am positive he was at home, I dined with him, and I recollect what I had for dinner, there was a gentleman belonging to the Royal Circus, his name was Mr. George Brett ; about eleven, or between eleven and twelve, there was a gentleman, who is a cheesemonger, and there were gentlemen, who were butchers, had a luncheon, and Mr. Lycett asked me to come and have a bit.

Mr. Silvester. When did you begin this work, repairing the bar? - I made a new bow window and shutters to the bar against the street; I took out two other windows, and put in a bow window; I began the work some where about the 18th or 19th, but I cannot be certain, without my book; I was at the house about a fortnight before I finished it; the latter end of that week, on a Saturday, I brought away my tools, I think I left off working the 28th.

You have been there backwards and forwards? - No, I have not been there above once or twice since; I recollect the King went to the House, because we were having a relish, and we were talking about it; I did not hear when he was taken up for this; he was backwards and forwards in the parlour to the tap-room; he had a cut shoe, without a buckle.

Court. How long did this gentleman's lameness continue, how long did he wear the cut shoe without the buckle? - To the best of my knowledge, as well as I can recollect, about a week, he had not left it off till Saturday night; to my knowledge, he wore it the whole week; but not thinking of any circumstance, I did not take such notice to remember the particular day, but by the King going to the House, and the croud of people that was there, and there were two chairmen there, and they said they should get a job, and I heard different people talking about it.

Was this the subject of conversation at dinner? - I do not recollect the circumstance of that passing at dinner, I cannot charge my memory that it was.

This is a house of pretty fall custom, pretty much frequented? - I do not know, I never saw any body there but tradesmen.

Is not it a house much resorted to by customers? - It was.

Then there were different forts of people might see this man in his cut shoe? - I never saw many strangers come in.

Is not this house resorted to by all the porters and servants of Lincoln's Inn? - Not to my knowledge.

JOHN BURROWS sworn.

Where do you live? - The corner of White's-alley, Chancery-lane, I am a butcher; I know Lycett, I have dealt with him, I went there about eleven, and stopped there a bit the day the King went to the House, I was there from eleven till one, and one Hayward, Edwards, Northover, and Lycett were there together; I saw Lycett there about eleven o'clock, his leg was swelled very much, he rested his hand on a stick; one Edwards, a cheesemonger, came in with the leg of a goose, I have seen that gentleman, I drank with him out of the same cup, I am sure it was the 24th of January, because of the cheesemonger's being in company with me, I told him to send me some butter, he sent it in the next morning, and that was the 25th.

EDWARD EDWARDS sworn.

I was out on Tuesday the 24th of January last, about some particular business; upon my coming home, I called at Lycett's, between eleven and twelve, I saw several people in the back room, I saw Lycett at home all the day, he had slippers, I think his leg appeared to be a good deal swelled; I staid there till near two o'clock, we had our beer together.

How soon after this did you hear that Mr. Lycett was accused of this affair? - A party came to me, and asked me if I could remember the day when I brought a part of a goose? I said I could tell the day by my day-book, because that day Mr. Burrows gave me an order for some cheese and butter; I was there between half after eleven and two; I do not believe he was able to go out of his house, he had been making an alteration in his house.

OLIVER MARSDEN sworn.

I live in Ray-street, Clerkenwell, at No. 29, I am a carpenter, I know Lycett, I remember being in his house the 24th of January, from twelve to twenty minutes past one; I went to dine there, I had beefsteaks and onions; he was very lame, he could scarcely walk across the tap-room, I cannot say what sort of shoes he had on, he had a stick in his hand.

Could he have walked far? - Not as he appeared to me; I remember Northover the carpenter being there; I worked in Lincoln's Inn, when we quitted work, we went to Lycett's house to have some beer.

Did he appear to have his lameness still? - Yes, he was lame for two or three days together.

Mr. Silvester. How do you recollect this 24th of January? - Because we were talking about going to see the King, and I said no, because we were too much in a hurry.

How soon after this was it that you heard that Lycett was accused of any offence? - I cannot recollect.

Why cannot you recollect so remarkable a thing as hearing that your friend was accused of an offence? - I recollect dining there, and the King's going to the House, and talking about it, but there was very little said to me; when he was accused of the crime I cannot say to the day, it might be a fortnight, I cannot say.

Then you have no recollection before that particular day, nor no recollection of any thing that happened since? - I cannot recollect; the people said that such a night there was such a man came in disguise, and I recollected being there.

What coat had Lycett on? - A black coat.

GEORGE BRETT sworn.

I profess music, I was employed at the Royal Circus; I dined at Lycett's with him and his wife, the carpenter that was putting up a bar in his house, and another gentleman that was a stranger, and after that I drank tea with Mr. Lycett and his wife; I was there from about half past one till after nine at night, Lycett was very lame.

Mr. Garrow. He could not have danced to your music? - No, Sir, he was very lame, his shoe was a fort of slipper; to the best of my knowledge he was not absent half an hour together, I am perfectly convinced of it, he could scarcely walk along the place, his leg was rested on a chair the

best part of the day; he had on that day a black coat, I believe he does generally wear a black coat; I called on Mr. Lycett on the Monday, my benefit was on the 16th of January last at the Royal Circus, and we had not settled, and he was very lame; he said, I am so lame, I cannot look for the tickets that were not taken, and he wished me to call again in a day or two; I called on the 24th, and dined there, and we settled; I have the tickets he returned me, I am sure it was the day the King went to the House.

Mr. Silvester. After dinner, what became of Mr. Lycett? - Him and me, I suppose, sat smoaking our pipes.

The carpenter drank tea with you, I understand? - Only with Mr. Lycett and his wife.

Did you eat a bit of supper there? - No, Sir, I went home to supper; I staid till past nine, I believe the carpenter stopped till he had done his labour.

Did not he take a pipe with you? - I will not say particularly; there was a man, or two or three at work there, but whether they were carpenters or not, I cannot say.

Were there more carpenters than North-over that day? - I cannot answer for that; the last day that I dined at Lycett's was the day that the King went to the house, some people came in, and spent the evening.

THOMAS HAYWARD sworn.

I am a bricklayer in Bell-yard; I was there, and we had a bind quarter of a goose; there was Northover, the cheesemonger, and a butcher, and the landlord, he brought the beer; we had our relish, and staid there till towards one.

How was Lycett that day? - He was very lame, seemingly to me, his ancle appeared to be swelled.

Had he a stick with him, could he have walked from Chancery-lane to the Park with great ease? - I do not know how long his lameness continued; I set down in my cash book money received of Lycett, the entry is on the 24th of January, I am positive of it.

And you referred to your book, hearing he was charged? - Yes.

Mr. Silvester. How came you not to bring your book? - I did not know it would he wanted.

Did you observe his shoes or slippers? - No, I did not observe particularly, only his walking lame.

JOHN HALLING sworn.

Where do you live? - At Mr. Lycett's, I am a chairman, I ply and lodge there; I was there the 24th of January, I think on the Wednesday, the day the King went to the House, we used to carry a fare out that day, and I got up and got my chair ready, and was disappointed; I saw my landlord there all day long, he was never out of the house at all, he was so lame he was not able to walk across the room, he hurt his foot the Saturday before, he could not wear his buckle at all, his heel was vastly swelled; I had opportunities of seeing him from one or two in the afternoon till past six; I can swear he was not from home for a quarter of an hour.

If he had gone from home, must he have limped so that every body must observe it? - Yes; he could not walk ten yards without a stick; I believe he had on a blackish coat that day; Northover the carpenter was there several days before making a new bar.

Mr. Silvester. How long have you lodged there? - Between eight and nine years; this lameness was in his foot, it was got by a strain; I was sent with no messages to Lincoln's Inn.

Had you part of the relish of the leg of goose? - No, Sir; but I know them that had; they were in the parlour, and I was in the tap-room, it is a house much frequented by people, all the servants of Lincoln's Inn and porters.

WILLIAM HUNT sworn.

I am a chairman, I am partner with Halling, I ply at Lycett's, I was there the whole day the King went to the Parliament House, I saw the landlord there all day, to the best of

my knowledge, he was never out the whole day, I must have missed him if he had been from home but half an hour; I am sure he never was absent half an hour, his leg was swelled a good deal, I am sure he was at home the whole of that day.

Mr. Silvester. You do not live there? - I live at No. 6, Crown-court, Chancery-lane.

Court. If you, gentlemen, have reason to think his witnesses are right, you need not call to character.

Prisoner Lycett. I went to Hedge-lane, to know whether Brown knew me, and the gentleman asked him whether he knew me, he said he did not know me.

THOMAS SMITH sworn.

I live in New Gravel-lane, I am a carpenter and undertaker; I know Jenkins seven weeks or two months, he called at my house the 24th of January, between one and two, and dined with me, and remained in my company till between seven and eight, and then left me; my reason of recollecting it was the second day of term, and I had some business with Mr. Willey, an attorney, and I was to have gone, and Jenkins coming, I omitted going, on account of his coming, as he knew my friends and relations; I am very positive to the day he dined with me, on the 24th of January, my wife and family dined with me, and George Sibley .

Mr. Silvester. What is Jenkins? - I do not know; he enquired for a waiter's place; he brought a message from my brother about seven weeks ago, I am positive as to the time, because of neglecting going to the place I mentioned.

Mr. Garrow. He kept a coffee-house at Bristol, did not he? - I do not know.

Mr. Silvester. What had you for dinner? - A piece of pork and some greens.

What had you to drink? - Porter.

Any thing else after dinner? - Yes, beer repeated.

Did you drink tea in the evening? - No.

How came they to sit so long with you? - We were in discourse about the country and relations; we had five or six pots of beer.

Did Sibley stay there all the time? - No, he did not.

What time did he go away? - I cannot say.

How long before Jenkins? - I suppose an hour before, more or less.

Who came first? - Sibley.

GEORGE SIBLEY sworn.

I live in Ratcliff-Highway, No. 102, I am a patten-maker and salesman; I went there the 24th of last month, we had a pint of beer; a young man came in, his name was Jenkins, he said, let us have a pot of beer, for he is a countryman, and Mr. Smith said, stop, and we had a bit of dinner, pork and greens, and some beer and a pipe; I staid till seven.

Was you a countryman? - Yes; we had no tea at all, only some beer; we were talking about some friends, I recollect it was the 24th, for I went to fetch my grandson to see the King go to the House, that was the reason, or else I should not have taken any nomination of it.

Mr. Silvester. Did you ever dine there before? - No, I came from Tewksbury, in Gloucestershire.

How many pots of porter had you? - I cannot say, we might have three or four; we dined at two o'clock, we staid till six, we had boiled pork and greens; the company consisted of Mr. and Mrs. Smith, and Mr. Jenkins.

Court. Did any body else dine with you? - Nobody else.

Man, woman, nor child? - No.

How long had you been acquainted with Smith? - Three or four years.

What does his family consist of? - His wife and a son, I cannot tell the rest of the family; the servants I did not take any notice of.

Are you rated? - Yes.

What is your name in those books? - George Sibley .

Have you never been known by any other name? - No.

Jury. What coloured clothes had the prisoner on that day when you dined? - A blue coat; it may be the same coat, but I am sure that's the man, I never saw him before in my life, I never was in this Court in my life.

Not upon any account? - Is this the King's-Bench Court, I have been there? - No, it is not.

Then I never was here in my life.

(The prisoner Jenkins called two more witnesses to his character.)

(The prisoner Lycett called one witness to his character.)

JOHN PITT sworn.

I know that man they call Sibley; I am positive he never was in this Court before; his real name is George Sibley , he comes from Tewksbury.

Court. Call in the Prosecutor Hastings.

Court to Prosecutor. When was Jenkins taken up? - They were taken up in one day; he was taken at the Queen's Head in Great Queen-street, Lincoln's-Inn-fields.

Had you ever seen Jenkins and Lycett together, except when you lost your money? - Never, till I saw them at Lycett's house about two or three days before they were taken up; I went in there, and he was playing with a turn-about thing with a man that sells gingerbread; when he was taken up, the landlord of the Queen's Head wanted to personate Jenkins; I am equally clear to the persons of both the prisoners.

How were they dressed at the time you lost your money? - Lycett had a black coat on, and the same kind of button, and as to his face, I am positive sure of it; I made quite sure of them, before I would have them taken up.

These two prisoners came in after you and Jones? - Yes.

Who went off with the money? - Jenkins went first, Lycett followed, and then Jones.

Did you observe any thing of any of them being lame? - When Lycett sat, he had his leg up, and his breeches very shabby.

Had he shoes or boots on? - He had shoes on.

Were his buckles silver or yellow? - I cannot tell, Jones had boots on, I did not observe Jenkins.

Who paid the reckoning? - The landlord told me they paid it as they went out.

Prisoner Jenkins to Brown. Do not you know one Burbeck? - Yes.

Was not he one of the three that was in the room? - That was the man.

Prisoner Jenkins. My Lord, I am informed there was a man of the name of Burbeck, who is very much like me.

WILLIAM LYCETT , JOHN JENKINS ,

GUILTY Of stealing, but not in the dwelling house of John Brown .

To be transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-103

292. JOHN VANDERPORT was indicted for feloniously stealing, on the 11th day of February , one boiling copper, value 10 s. belonging to Hugh Mucklanetod , and then and there affixed to his dwelling-house against the statute .

HUGH MUCKLANETOD sworn.

I live in Barrett's-court, Marybone, No. 25 , I lost this boiling copper, on the 11th of February, I heard the cry of stop thief! and I opened my door, I went down directly and found the copper missing, I had not seen it for two days before, when I saw it, it was fixed in brick work, it appears now as if it was lately taken from the place, I can swear safely it is my copper; I found the prisoner at the door with one Hamilton, the prisoner said nothing, I took him into custody.

ALEXANDER HAMILTON sworn.

I saw the prisoner coming from this man's door with the copper in his hand, I asked him where he was going with it, he said he was carrying it home; I asked him whether he had a right to take it home, he said, he had; I let him walk till he came to the end of the court, and there I stopped him, and he set the copper down, and said, he would go and call a woman that would shew his right; I desired him to lift up the copper and take it back, he did not move the copper, but walked towards the house, I took the copper, and followed him, when we came near the house, he set off as fast as he could; I flung down the copper, and ran after him, and took him, I gave him to the custody of the watchman, after I brought him back, there were four places in the copper marked, where he had raised it up.

Prisoner. A man asked me to carry it.

The prisoner called three witnesses to his character.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-104

293. THOMAS JEFFRIES was indicted for feloniously stealing, on the 22d day of February , one wicker basket, value 6 d. one linen cloth, value 6 d. and forty-four pounds weight of butter, value 40 s. the property of Joseph Davis .

(The witnesses examined separate at the request of the Prisoner.)

JOSEPH DAVIS sworn.

I lost a basket of butter, on the 22d of February, I came down stairs about a quater past seven, in the morning and unlocked the back door of the shop, I expected a basket of butter, I never recovered the basket, but in consequence of the information I received, the prisoner was taken.

WILLIAM DELAHAY sworn.

On the 22d of February, I laid down a flat of butter at my master's shop door, between the hours of seven and eight in the morning, upon which I went into a private door to get the key to open the shop door, and when I opened the shop door it was gone.

CATHERINE OLDING sworn.

I was coming across the way, and I saw the prisoner take the flat off his head.

Which is he? - That is he.

(She looks the wrong way.)

Go to him and touch h im.

(Goes to Harvey the constable and touches him.)

What did he do with it? - I had nothing more to do with it, I am sure that he is the man.

What opportunity had you of observing him to know him again? - By his face.

You know his face again perfectly well? - Yes.

And that is the man? - Yes.

JOHN DOWNE sworn.

I live at the house where the prisoner lodges; on the 21st of February, the prisoner slept out all night, and on the 22d, between seven and eight he came home, and he brought home a flat of butter with him, and set it on the table, he asked me for a knife, I lent it him, he then cut the parcel open, he carried the parcel up stairs and went to bed; I went up stairs, and in the parcel I saw a note, the 19th of February, sent to Mr. Davis, three dozen and eight pounds of butter; and in the evening I heard a basket rattle, it was taken out of the back part of the house.

Prosecutor. I heard no more of my butter, the next evening the prisoner sent to me, and asked if I would mitigate matters if he paid for it, he said, to be sure it was a very foolish thing.

Had any thing been said to lead him to

any expectations of favour? - Not one syllable, he said that another man had desired him to carry the butter home; and he took the butter up at my door, and they took it to my house, and went to bed together, he said the other man had the property and not him, he acknowledged the taking of it, and offered to pay for it.

Prisoner. Whether I did not say the basket was in the room where I lay, which is a common lodging room.

Prosecutor. No, I swear that he told me he took it.

PATRICK DIVINE sworn.

I am door keeper to the Rotation-office, in Litchfield-street; I had this man in custody, he was brought to the Rotation-office and examined, and stood committed; he asked me to look to see whether Mr. Davis was gone, I did, I asked him what he wanted with him, he said I should be glad to see him to try if we could settle matters, for although I took the butter as the man desired me, I did not know whose butter it was; I went to Mr. Davis, no promises were made to him.

Court to Downe. When he came home that morning, was any body with him? - Yes, there was the other man had a pint of beer in the tap room, the other man did not go up stairs at first, but he went up afterwards.

PRISONER's DEFENCE.

I had got out, and was coming to my lodgings, a man called out, that I had been drinking with at the Coach and Horses in Welbeck-street, he had a basket on his head, he asked me where I was going; I told him I lodged at that house, he called for a pint of beer, he staid, I was sleepy and went to bed; he slept in the bed the boy slept in, with another man, there were three men in the room, the man got up and brought up the basket, they had been playing at Justice Jarvis or shove-halfpenny, he played for some hours, and lost several pots of beer, he had no money to pay for it, he went out and brought in some money, where he got it I do not know, he went away, I never appeared before a Court of Justice before; I leave it to the Court and Gentlemen of the Jury, for upon my honor I am innocent of the affair.

The prisoner called one witness to his character, who said, he was a stay-maker, but could not work on account of his eyes, and that he maintained himself by writing letters and petitions.

Prosecutor. His own account that he gave of himself at the Magistrates, was that he played the Clown at the pantomime at Mr. Astley's, and was articled to Mr. Astley for three years.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-105

294. CHARLES FLETCHER was indicted for feloniously stealing, on the 29th day of January , one iron gate belonging to Ann Gee , then and there fixed to a certain iron fence belonging to the dwelling-house of the said Ann Gee .

ANN MYERES sworn.

I live with Miss Gee, in Red-lion-square , I am cook; the area gate was lost the 29th of January, we were alarmed at eight, with an account of its being lost, I know the gate.

WILLIAM ANDREWS sworn.

I am a peace officer, about eight on Sunday morning, I took the prisoner with the gate.

RICHARD BAKER sworn.

On the 29th of January I was going through Red-lion-square, about seven, and after I got to this street, I saw two men busy at this house, on the right hand of the square out of Fisher-street, and saw the

prisoner and another take away this gate, the prisoner carried it into a public house, I sent for a constable and took the prisoner, I am sure he is the man, I never lost sight of him, but it was two or three hundred yards distance, I went to the pump, on the other side of the square, and he went into Fisher-street.

Then you lost sight of him? - Yes, for a little while.

ROBERT HURST sworn.

I saw two men pitch an iron gate, the prisoner was one, I did not see whose shoulder it was pitched from, I was within twenty yards of him in a blue coat and a red cape, I passed them twice afterwards, I secured the property.

Andrews. I took the prisoner in his own house in Newtoner's-lane, he keeps an old iron shop, he put on his coat, either brown or blue, I cannot be positive which, there were two suits of clothes in the room, I cannot tell what colour.

(The gate deposed to.)

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

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-106

295. SARAH SEAVES was indicted for feloniously stealing, on the 3d day of February , one woollen jacket, and trowsers, value 18 d. the property of William Harris .

The prisoner was taken with the things upon her, which Elizabeth Fisher saw her take.

GUILTY, 10 d .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-107

296. ALEXANDER FALCONER and JAMES TURNER were indicted for feloniously assaulting Benjamin Salmon on the King's highway, on the 16th day of February , on the river Thames, and putting him in corporal fear and danger of his life, and feloniously taken from his person and against his will, one silver watch, value 30 s. one seal, value 1 d. one key, value 1 d. and eleven halfpence, value five-pence halfpenny, his property .

BENJAMIN SALMON sworn.

Between twelve and one, on the night of the 16th of February last, I was robbed off New Crane-stairs, on the river , I was on board a lighter, and a boat came along side with six people, and five came on board, one remained in the boat; William Terry was with me in the barge, I was getting out of my cabin to go upon deck, when the dog alarmed me, I did not see the prisoners come alongside, I saw five people upon deck, four of them came down into the cabin, I saw those that were upon deck out of the hatches, I asked them what they wanted, and they took my watch out of my pocket, Falconer did.

What did they say to you? - When they came down, they said they wanted their property, or property; then they went to the other part of the cabin, and they had got a dark lanthorn, and they told us to shut our eyes, and said, fire on them you b - gg - rs, fire on them! it might be one or two that said so; then the prisoner Falconer flashed a pistol at me, I am sure of that, and it did not go off, with that he flashed at me a second time, he presented a pistol, I am sure snapped it a second time.

Did it flash a second time? - Yes.

How could that be? - He primed it again.

How do you know? - He did, to be sure, it seemed to flash.

Did it flash a second time? - To the best of my knowledge I think it did, I believe I saw it the second time.

Did you, or did you not? - Well, I am sure it did, it flashed the second time,

after he had taken my watch; then three of them went to our little bit of a cabin, and opened the drawers, and took a pocket-book out, and they drew the lights of the dark lanthorn, and shewed themselves, and two of them stood up at the part I was at, and looked at the pocket-book by a glimmering light, and took the notes out of it, and left the book in the cabin; after they had so done, they went upon deck, and they drew the captain out of his cabin, for any thing I know they did, they said they did, I did not see them, they said they hauled him out by his legs.

What did you see them do, did you see them haul him out of his cabin? - Yes, I did.

Court. If you come here to tell a true fact, why all this hesitation about it? - (No answer.)

Who brought you here to give your evidence? - To give my evidence! I was not desired to come here by any body.

Who carries on this prosecution? - Who carries it on!

Who indicted those men, who pays the expences of it? - I have nobody to carry it on, but myself.

Do you pay the expences? - I do not know that.

Who does then? - I paid the expences, what was laid on me; the prisoner drew the cabin slide upon us.

Was Terry in the same cabin with you? - Yes.

Then he could hear and see all that past? - For any thing that I know; there are two places in the cabin that we call bed-cabins; they hauled him out of his bed-cabin, I saw them, that was after they took my watch.

You saw them do that? - Yes.

How came you, when you first spoke of hauling Terry out of it, to say you knew nothing of it, but as he told you? - As he told me!

Aye; how came you to say that? - To the best of my remembrance.

Are you sober? - I am not drunk.

Have not you been drinking this morning?

Court. He is not in a condition fit to give evidence against two men for their lives.

WILLIAM TERRY sworn.

Three or four men came into the cabin, but I do not know any of them, I saw nobody, but they took and rifled me of my handkerchief and breast-buckle, there are two bed places.

Could you see and hear all that passed? - They threatened him; he had a watch when he went to bed, I know he had not it afterwards, but I did not see him take it, nor who they were I do not know; they put a blanket over me, there was a pistol snapped in the cabin; I know they had pistols, by putting them close to my face; there was no light at all, I was in bed, and asleep.

Did you see them have any lanthorn? - No.

Did you hear or see any pistol fired before you was blinded? - No.

Did you hear any thing afterwards? - I heard them make use of these words, Murder him! I cannot say I heard any arms snap; I am a lighter-man, Salmon is master of one of our crafts.

Why did you let him get into a condition not to be fit to give evidence in a Court of Justice? - I cannot see he is drunk.

JOHN ORANGE sworn.

On the 17th of February, I received information early in the morning, of a frigate being robbed; Mr. Elby and me went in pursuit of the people, and on information we found Falconer in bed, and the other prisoner at another place; I found a knife upon the shortest, which Mr. Terry has sworn to. I saw no watch found.

WILLIAM ELBY sworn.

On the 17th of February, I heard of the brig being robbed; nobody was on board but a boy; after that it struck Mr. Orange and me who it was; I was not at the taking of Falconer, I was the first apprehender of Turner.

Do not you know that this was a common lodging-house? - There might be disorderly girls kept there.

I ask you again have you any doubt that this house where you found this man, is a common lodging-house? - I look upon it it was.

Have you any sort of reason to believe that it was his own separate lodging? - No. I found nothing upon him concerning this robbery.

MARGARET BOWERS sworn.

I live in Wilmot's-court; I got up to go to market between four and five, and going down the court, I saw three men standing by Mr. Chaffey's door; I asked them what it was o'clock? they said it was pretty nigh five; I saw one of them with a bag.

Who were the three men? - These two prisoners were two, and another a kind of a Jew sort of a man.

Court. Gentlemen of the Jury, exclusive of this drunken man, there is no evidence at all.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-108

296. The said ALEXANDER FALCONER and JAMES TURNER were again indicted for feloniously assaulting William Terry , on the 16th day of February , on the river Thames , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, a silver breast-buckle, set with stones, value 10 d. a silk handkerchief, value 2 d. one clasp knife, value 1 d. and four shillings in monies numbered, his property .

WILLIAM TERRY sworn.

I lost an old black handkerchief off my neck, and a silver breast-buckle, with some stones in it, about four shillings in money, and two or three halfpence.

Were there any other things you lost? - No, not belonging to me.

Did you lose any knife? - That was my knife, but I do not know how they came by it; I had a knife in the day-time.

Mr. Knowlys, Prisoner's Counsel. After you had dined, you went on shore? - Yes, we went to wash our dinner down.

You drank pretty freely? - We had a pint or two of beer.

Have not you said, that that very evening you was exceedingly tipsey; have not you said to some of his friends, that you wondered any body should have sworn to the persons; that you and Salmon were both too drunk to know any body? - Not to my knowledge.

Did not you say so to Mr. Lucas? - Not to my knowledge, I will not be positive.

WILLIAM ORANGE sworn.

I found the knife in Turner's coat-pocket with another.

Terry. A knife is a hard thing to swear to.

Court. Gentlemen of the Jury, there is no evidence.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-109

297. The said ALEXANDER FALCONER , JAMES TURNER , and ELIAS ABRAHAMS , were indicted for feloniously stealing, on the 16th day of February , one cloth coat, value 10 s. three rules, value 2 d. two iron gimblets, value 2 d. two linen bags, value 6 d. the property of John Richardson .

JOHN RICHARDSON sworn.

I lost my box about seven on the 17th of February; it contained the things mentioned in the indictment; the vessel was at Rotherhithe , the box was upon deck, there was no room to put it below, the ship was so lumbered; I saw it the night before.

Did you ever hear of it again? - I heard of the rules and great coat at Shadwell. I believe them to be my rules, for my name is upon one of them.

WILLIAM ELBY sworn.

On the 17th of February, I was at New Crane, and I heard of a boat being stolen from there, that was loaded with cotton; I took Falconer, who was a-bed at Mr. Chaffey's, and when I came down stairs, there were two women in bed, and I found these tools up one pair of stairs in a cupboard on the landing place, and this dark lanthorn, and some gimblets, and some rules.

I think you told us, on a former indictment, that this house of Mr. Chaffey's was a lodging-house? - There is only one bed in the house; the two girls lay in another chamber; Falconer said he knew nothing about the things; it is a disorderly house, I am informed, and from the company I saw in it, I know it to be so; here is a coat which was up in the one pair of stairs at Chaffey's, in the room where the girls were.

Mr. Knowlys, Prisoner's Counsel. In fact, you have known a number of people assemble in that house at different times? - I have seen other families there.

- FORRESTER sworn.

The prisoner Turner and Abrahams were in a garret there, and there I found this great coat, in the room where they were, it is all over cotton; Turner and Abrahams were in the room together; there was a girl of the town put a handkerchief round the Jew's neck, and they denied any knowledge of the great coat, but the Jew lad said this was his bag; they did not say how the great coat came there; the girl of the town said that two sailors had brought it a day or two before.

Richardson. This is my coat.

What do you know it by? - I have had it eight years, there is no sleeve-lining, and it is moth-eaten on the right side, and several of the buttons shelled; I cannot swear to the bag.

Prisoner's Turner and Abrahams. There are witnesses on the outside of the door, about the great coat.

COLLET MOORE sworn.

What do you come here about? - It is enough to shock one to speak among all you gentlemen, but if you will give me time, I will speak.

Let me caution you to speak the truth? - Very well gentlemen, I will speak as far as I do know; I live at No. 8, and this coat was brought by two men into my sister's house, where I live, Sir.

What coat was it? - A light colour dirty coat, it was before these two men were taken up.

Who were the two men? - I cannot say they came to their lodging, and went away the next morning, and they left their great coats behind them.

Did they leave it to pay their lodging or what? - They paid for their lodging, and they asked leave to leave it.

What sort of a great coat was it? - A lightish dirty sort of a drab colour, just like this man's coat, but only it may be dirtier, I will not say.

What became of the coat afterwards? - Mr. Forrester came on the Friday morning, and took it out of my sister's house, it was the very same coat that the men left, which Forrester took out on the Friday morning, I am quite sure it was the same.

You were in the room with these two men when they were taken? - Sir, I was not in the room, when these men first came up, I went up after.

Do you think you should know the coat if you was to see it? - I never took it up in my hands.

Court to Elbey. Shew her the coat you produced? - That is not the coat.

Court. Shew her the other? - Yes, I will swear to the coat, it was much such another as this.

Can you swear the coat that Forrester took on Friday morning was the same coat the man left? - No, only it was the same colour.

The prisoner Abrahams called four witnesses to his character.

ALEXANDER FALCONER , NOT GUILTY .

JAMES TURNER ELIAS ABRAHAMS ,

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-110

298. THOMAS HODDINGBROOK and DAVID STORER were indicted for feloniously stealing, on the 6th day of February , twenty-five pounds weight of lead, value 2 s. the property of Thomas Longbotham , belonging to his dwelling-house .

THOMAS LONGBOTHAM sworn.

I am a housekeeper in Shoreditch , I missed a piece of lead from my house, on the 5th of February, on the Sunday morning, from the sky-light, it was there the Saturday afternoon.

SAMUEL TURNER sworn.

I am a watchman, on Monday morning I alarmed the house, I heard a great noise, and two men jumped off the premises, I seized one piece of lead which was in the court, and another piece of lead was hanging on the top; the piece of lead that was found in the court, that the watchman represents, was my piece.

PRISONER HODDINGBROOK'S DEFENCE.

I am not the man, there were other people in the court, two other men dropped from this house, I was taken up on the alarm.

Turner. I am sure of the man.

PRISONER STORER'S DEFENCE.

I made no resistance when I was taken, I was not at the top of the house.

BOTH GUILTY .

Each transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-111

299. JOHN WILLIAMS was indicted for feloniously stealing, on the 26th day of January , one iron grate, value 2 s. belonging to William Waters , and affixed to his dwelling-house, against the statute .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-112

300. THOMAS ROBINSON was indicted for feloniously assaulting Elizabeth Vincent , spinster , on the King's highway, on the 16th of February , and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, one woollen cloak, value 2 s. 6 d. her property .

There being no evidence the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-113

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 22d of FEBRUARY, 1786, and the following Days;

Being the THIRD 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 III. PART IX.

LONDON:

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

MDCCLXXXVI.

THE WHOLE PROCEEDINGS UPON THE

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

Reference Number: t17860222-114

301. HENRY HALL was indicted for feloniously stealing, on the 23d day of January last, one wicker basket, value 2 s. seven quartern loaves of wheaten bread, value 3 s. 6 d. the property of Christopher Nichols .

CHRISTOPHER NICHOLS sworn.

I am a master baker ; on Monday the 23d of January last, my servant took ten quartern loaves of wheaten bread out with him, he went from my shop a quarter before twelve, and returned without his bread a quarter of an hour after.

JAMES GIFFORD sworn.

I left my basket the corner of North-street ; I left seven quartern loaves in it, I found them at Justice Walker's, I know the bread and the basket, I made the bread; I saw the prisoner at the Justice's about six in the evening.

(Deposes to the Bread and the Basket.)

- CUMMINGS sworn.

I took the prisoner with the basket in Dyott-street; he dropped the basket, I took him to the round-house, he said before the Justice, a man gave him the basket, and that he knew him, and had drank with him several times.

PRISONER's DEFENCE.

Coming down Tottenham-court-road, a man hired me to carry the basket, I had not broke my fast for three days; the man was a stranger to me.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860222-115

302. BENJAMIN BULL was indicted for feloniously stealing, on the 24th day of February , twelve pennyweights of silver cuttings and turnings, value 3 s. and thirteen pennyweights of silver folder, value 2 s. the property of Hester Bateman .

PETER BATEMAN sworn.

I live in Bunhill-row , I carry on business as a working goldsmith for my mother Hester Bateman . On Friday the 24th of February, being at dinner in my back parlour, in consequence of an information, I sent for an officer, and sent for the prisoner; said I, Mr. Bull, you have some of my mother's property; he denied it; I told him, it is in vain, we have proofs of it; he then acknowledged it, and he put his hands in his

pocket, and produced a small bit of silver solder; he presented it to me: immediately I gave him in charge of the officer I said this is not all, do you search him; upon which the officer felt in his pocket, and another piece was produced; upon which I said, that is not all; says he, I assure you it is, Sir; says I, I am informed there were some turnings, he denied it, I desired the constable to search him again, and in his other pocket I found some turnings and cuttings loose together, upon this, he was committed: there were, I think, twelve penny-weight of silver, value 3 s. and thirteen pennyweight of solder, value 2 s.

ABEL BECK sworn.

I work with Mr. Bateman. Last Monday, the 14th of February, I went up into the shop, and got under the board after dinner; in about two or three minutes, the prisoner came up, and he came to the board as I sat down, for we had missed things very often before, and the prisoner came and cut a piece with the shears, this was the first piece he cut, this is the piece that was left; then he went into the shop, and went to my lathe where I work, and took some turnings, then he went to the box, and put these turnings and cuttings in his pocket; then he came back to the board again where he cut the first piece of solder, and then went down stairs; and I informed my master, and the things were found upon him.

CHARLES MOSELEY sworn.

I am the officer, I produce some silver; these are the things that were found in my presence.

Prisoner. I have nothing to say.

To Prosecutor. How long has this man lived with you? - Four months constantly; in our business we may be robbed every day of our lives, and lose three or four pounds in a day, and not miss it; we employ forty men. I had a very high opinion of that man, but since he has been taken up, I find there has been very bad connections; he lived with another man's wife, and that very man is brought into Newgate.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-116

303. ANN MEADS , wife of Thomas Meads , was indicted for feloniously assaulting William Moore , in the dwelling-house of William Mason , on the 23d of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, seven guineas, value 7 l. 7 s. two half-guineas, value 1 l. 1 s. seventeen copper halfpence, value 8 1/2 d. one copper farthing, and twelve shillings in monies numbered, his property .

(The witnesses examined apart.)

WILLIAM MOORE sworn.

On the 24th of January I was robbed in the house of one William Mason ; he told me it was his house. I was at a shoemaker's shop, upon some business, and the prisoner came in, and said, how do you do, Tom? she clapped me over the shoulder; says I, I do not know you, I never saw you in my life; and there were three more men and I went into the public-house, and presently a pot of beer came in, and this prisoner came in, and placed herself by me; she said, will you give me some beer? you do not know your neighbours; says I, I do not know you, but you may have some beer; she staid there some time, and went away; I went to another public-house, and the prisoner came there, and said to me, is your business done? for your wife and me, and Mrs. Horsenail, are to drink tea together, and we want your company; I said, there is a gentlewoman of the name of Horsenail opposite to me, but I have no business with my wife's companions,

but I shall come as soon as I can; so I ordered a boy to call Mr. Croker to come and speak to me; the prisoner heard me, and she said, Mr. Croker is a friend of mine, I will go and call him, and she went and came back again in ten or twelve minutes, and said, Mr. Croker is at a private house, and does not chuse to come to a public-house, if you'll go, I will shew you where he is; I went with her, and when I came there, I suspected it was not a good house, and I would not go up; she prevailed with me at last, and I did go up to the top of the stairs; she shoved the door open, and a man came to the door with a bludgeon, and knocked me down, and another man came directly to his assistance, and held me so that I could not cry out, and in this violent manner the woman says, gag him, and I will do him; upon which, she got my pocket turned inside out, and I lost the things mentioned in the indictment; the man held me in that situation, and the other man said, get his tick, and she said the man has no watch; she ran down, and got a light, and the two men made their escape, I cannot swear to the men; when the men run away, she laid herself down a little way off on the floor, as if asleep; my head has never been right since I felt the blow; I cried out, and Mr. Croker and some others came to my assistance, and they looked about, and found a shilling and half a crown.

MATTHEW CROKER sworn.

Here is the money, sealed up before the Magistrate, which I found in the apartments of the prisoner; I found the prosecutor standing in the prisoner's room, I asked him what he did there? he said he was introduced by the prisoner, she was laying on the floor in the middle of the room, the prosecutor said he had been robbed by the prisoner, and two more men aiding and assisting; I asked him what money he had lost? he said, a quantity of gold, some silver, and some halfpence, I forget what quantity; the prisoner seemed stupified, she pulled out a shilling and some halfpence, she went and sat down on the side of the bed, and I saw her put her hand on some silver halfpence, which were on the sacking, and I took the silver immediately, and there was a half-crown with a black speck on it, which the prosecutor said was his, the prosecutor was neither quite drunk nor quite sober, the house has thirty rooms in it or more, it is a common lodging house, there were many people in it, we found no gold; when we were taking the prisoner before the Magistrate, she said, if he would give her an hour's liberty, she would produce all the property.

Prisoner. I have people that will give you a full account of the whole matter, I am as innocent as a child unborn.

THOMAS SMITH sworn.

I am the officer that took the prisoner into custody; I was sent for by Mr. Croker, I found the woman and man in the room, the money was found before I came in the room; I searched the woman narrowly and found nothing more; and the woman said, there were in the room two men one named John Smith , at Mile-end, a cow-keeper, and the other a poulterer; and the man said one of them knocked him down; she was very much in liquor; as I took her to the Justice, going along she said, if they would allow her to go home to her husband, she would make the money up in half an hour, I went after the men she named, but could not find them.

JOHN GAYMORE sworn.

I was coming along Baker's-row with my wife and child, I saw a man standing at the door with a candle in his hand; I heard some persons say the woman had got a cull, and I heard murder from the house where the prisoner was, and I saw a woman that lives in the lower part of the house, run out, I went in with a man, and there came in a woman, who said, is there ever a man that has got a heart, then I got a weapon, and when I found so many people to back me, I went up one pair of stairs into the entry, and the door was shut, I

pushed it open, and saw the prosecutor laying on the ground, he said, he was robbed, I helped him up, the people laughed, and Mr. Croker came up, and they could not make the prisoner speak, only hem, and she took out a shilling and some halfpence, Mr. Croker picked up some more, the man appeared to be drunk, and the woman very much in liquor, I saw nobody run away; after I went in, the prosecutor said, his half-crown had a black dent.

MARY RATTY sworn.

I saw this man and woman in the passage below stairs, he asked her if she had got some tea ready for him, and she said yes, she said, Mr. Croker was there, and the prosecutor went up, and she came down again to light a candle, and as soon as she returned up stairs, the prosecutor cried out murder! and watch! he was robbed, and I called for assistance; nobody was up stairs then, but she and him to my knowledge, nobody came down stairs after the cry; if there had been two men up stairs, they could not have made their escape without my seeing them, I do not believe there were any men concealed up stairs, when I went up they lay about six feet asunder, he with his breeches loose, and she in a most woful situation.

Court to Prosecutor. What became of these two men? - One man held me so that I could not cry out; the robbery was committed before the candle was brought up.

(The half-crown deposed to and the shilling.)

PRISONER's DEFENCE.

I have been married these eighteen years, we had two pints of beer, the prosecutor was gaming with five or six men, I told him I was a married woman, and he would follow me up stairs, and he threw me down on the floor, and wanted to use me ill; and when he found he could not gain his ends, he said, I robbed him, and called the people up stairs; they stripped me naked in the room, I never had any of the money, so help me God! this man offered twenty guineas to a woman to come to Hicks's-hall, to hang me.

The prisoner called two witnesses to her character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-117

304. THOMAS BURDETT , HENRY FAWCETT and WILLIAM BROWN were indicted for burglariously breaking and entering the dwelling house of William Eaton , about the hour of four in the night, on the 2d day of January last, and burglariously stealing therein, one hundred and fifty-nine pair of silver knee-buckles, value 70 l. eight pair of silver shoe buckles, value 10 l. one watch, value 40 s. a chain, value 10 d. a seal, value 6 d. a key, value 1 d. two hundred and eighty-eight base metal coat buttons plated with silver, value 50 s. and one pair of stone knee buckles set in silver, value 40 s. his property .

There being no evidence but that of the accomplice, the Prisoners were ALL THREE ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-118

305. The said THOMAS BURDETT , HENRY FAWCETT and WILLIAM BROWN were again indicted for burglariously and feloniously breaking and entering the dwelling house of William Carter and William Wake , about the hour of three in the night, on the 1st day of December last, and burglariously stealing therein, thirty pieces of black silk, value 200 l. and six pieces of Florentine satin, value 100 l. their property .

A second count, Laying it to be the house of William Carter only.

There being no evidence but that of the accomplice, the prisoners were ALL THREE ACQUITTED .

Prisoner Burdett. My Lord, I hope you will indulge me with a few words, with regard to this Nodeley; one house we robbed was my Lord Grantham's, of all the gold medals, he had the Speaker's gown, and the grand seal, and the gold off the gown he burned.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-119

306. GEORGE BROOK was indicted for feloniously stealing, on the 16th day of February , one carcase of mutton, value 18 s. the property of Edward Cox .

The prisoner was taken with the mutton upon his shoulder.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-120

307. WILLIAM STEERS was indicted for feloniously assaulting Ann Crutchley , on the King's highway, on the 21st day of January last, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will four linen gowns, value 40 s. a black callimanco petticoat, value 10 s. a stuff petticoat, value 4 s. a linen shift, value 1 s. two pair of cotton stockings, value 3 s. three pair of worsted stockings, value 4 s. two check aprons, value 3 s. a cloth apron, value 1 s. five caps, value 1 s. 6 d. two muslin handkerchiefs, value 18 d. and three silk and cotton handkerchiefs, value 4 s. the property of the said Ann .

ANN CRUTCHLEY sworn.

Do you know the prisoner? - I never saw him before he stopped me, he stopped me in the Pancrass-road .

What time of day was it? - Half after four in the afternoon.

Where was you going? - I was going to Mr. Wright's, Kentish-town, I live there; I had the things mentioned in the indictment, I was going to service, they were my own wearing apparel, the prisoner was walking in the road to Kentish-town, and he stopped us; he said, ladies, your money or your lives! I told him I had no money, he put a razor to my throat, and said, he must have my money or my life; I told him I had no money, he might search me if he pleased; he did not search me, then he said, he must have my bundle, then he took my bundle, and he dropped the bundle after he took it away from me, and dropped some of the things out, and in dropping the bundle, and picking some of the things up, he dropped the razor, which he held up to my throat, I am sure it was the prisoner, I saw nobody else nigh at that time, I saw him when the patrols took him, and carried him to the George, at Pancrass.

When was he taken? - On the Thursday night, this was on the Monday, I told the patrols, what sort of man he was.

When did you give this information to the patrols? - The same night.

Did you wait till they first came? - Yes, they came at about a quarter before five, on the Thursday following, I had information from the patrol, that a man was taken answering my description; I went to see him, at the George, at Pancrass, the prisoner was there when I came, I knew him again.

How long did the robbery take up? - As nigh as I can guess, about five minutes.

Was there any disguise on his face? - No, he was in the same apparel as when he was taken.

I suppose you was very much frightened and alarmed at his behaviour? - Yes, my Lord, I was at first, but being so long, I

took particular notice of him, the time I was with him.

You will consider upon your testimony the man's life depends; will you venture to swear he was the person that stopped you and took your bundle? - Yes.

Had you ever seen him before that time? - No.

Was anybody in company with him? - No, not that I saw.

Mr. Peatt, Prisoner's Counsel. How old are you, young woman? - I am eighteen on the 11th of this month.

What part of the road to Pancrass did this happen in? - Between the old workhouse and the George.

Is that on this side Pancrass or the other towards Kentish-town? - On this side.

Did you observe or see the person that came close to you, before he came to you? I did not, it was like turning a corner, he met us as we were going up the road, he was coming down, Sarah White was with me, I met her at the bottom of the road; and was asking her the way to Kentish-town, I never saw her before.

How long might it be from the moment you first saw him to the time of his putting the razor to your throat? - Directly, as I saw him.

You was exceedingly intimidated? - I was frightened at first.

How near did he hold the razor at your throat? - Close to it.

You was exceedingly frightened? - Yes.

Ready to fall down I presume? - I was not.

What religion are you? - A Christian.

When he dropped the bundle, how far might he be from you? - He was close by me.

Was his back to you or the side of him? - No, his face; he dropped it as soon as he took it out of my hand.

I believe when you first saw him, you hesitated a little as to his being the person that robbed you? - No, I did not.

Did you say at that time, that you knew him? - Nobody was in the room but him.

You was sent for there, was not you? - Yes.

And the person that you saw there, was just such a sized man as met you on the road? - It was the same man.

You are determined not to depart from the persuasion, that you knew him? - I could not when I was sure I knew him; I never saw him before.

Cour t. When the patrol sent for you to the George, it was for the purpose, that you should observe the man that was in custody, in order to inform yourself whether he was the person or not? - Yes.

Not to fix on the man you was to see? - No.

Are you sure the man you saw in the room was the man that did in fact rob you? - Yes.

SARAH WHITE sworn.

I never saw the last witness till the night we were stopped on the road.

Where was you going? - To my place, I live at Kentish-town.

What time of day? - It was about half after four in the afternoon.

Did you see Ann Crutchley , the last witness, on the road that day? - Yes.

Did you join and walk with her? - She met me, she was saying she was afraid of being put out of her way to Kentish-town; and before that word was out of her mouth the prisoner at the bar stopped us, he laid hold of me first, and he said, he must have my life or my money; and I said, I had none for him, I had no bundle, then he put a razor to my throat, and swore he would cut my throat, he then put the razor to Ann Crutchley 's throat, and he took a bundle from her, which she was going to carry to her place.

Did he at first demand her money? - Yes, and she had none for him, she said you may search me if you please, and he took her bundle from her.

How long was this robbery committing? About five minutes.

What passed after the bundle was taken

from her? - He dropped a bundle, and while he was picking it up he dropped a razor, he went off with the bundle, nobody was in the road at this time.

Whereabouts was it? - Between the old work-house, and the George.

Was you at the George, when he was in custody? - Yes, I went with Ann Crutchley , he was in a room by himself when I saw him there, I knew he was the man, I am very sure he was the same man, he was in the same dress, as he was the night he stopped us, and I took particular notice of him.

Was not you much frightened and alarmed at this time? - I was very much frightened and alarmed at first, when he laid hold of me, but I recovered myself so well, that I took particular notice of him; I am now very sure he is the man, I had no acquaintance with Crutchley before in my life.

Mr. Peatt. I suppose he laid hold of you? - Yes.

Did he lay hold of your companion? - Yes; he presented the razor to me first; he took hold of my handkerchief, and he said, I shall not be above a minute about what I have to do to you, I shall be very quick in my motions.

Are you a Christian? - Yes.

Were you born of Christian parents, or of Jew parents, were your father and mother Christians? - Yes.

Do you expect any thing to happen to you, in consequence of a conviction, if one should take place? - No.

ANN MITCHELL sworn.

To the best of my knowledge, I saw the prisoner pass by the George a little after four on this day, my husband keeps the George, it was on Monday afternoon; I did not take notice of the day of the month, it was the day the young women were robbed; I cannot swear to the prisoner.

Mr. Peatt. Who brought you here? - I was subpoened.

Prisoner. My Lord, I never was at Pancrass, but the patrols took me there, I never saw the prosecutrix before in my life, I was never out of my lodgings from Sunday breakfast till Tuesday breakfast.

AGNES SMITH sworn.

Was you in company with the prisoner any time last month, and where? - On the 16th of January, and the 15th likewise, I was at the Brill at Pancrass, the 16th was upon the Monday; he never was out of the house the whole day; Mr. Towers keeps a house at Pancrass, and I was there the whole day.

Was you in the same room with the prisoner? - The same room the whole day.

Then, how late in the evening was you in company with the prisoner? - Till between seven and eight, when we went to-bed.

Court. Do you live at Mr. Towers's? - Yes, I did then, when I was out of place.

Are you any way related to the prisoner? - No, Sir.

How came you to be in his company the whole course of the day, that you can speak to his being there all day? - I was in the same room, he lodged there also, he lodges there now.

Could not he be absent for the space of half an hour? - No, Sir, he was not; he never was absent a quarter of an hour the whole day.

What business had you to be in the room all day? - I had no particular business.

Have you no business of your own? - No, Sir; there were more rooms, but we had only one room with a fire in it.

Where were you on the 15th, the day before? - I was in the same house then; I went out in the morning, he was there all the time, I was there all the afternoon of the 15th; he is a sawyer, he is out of place, he was at home every afternoon: I remember the 16th, because he was taken up, he never was absent half an hour.

MARY TOWERS sworn.

I live next to the Brill, I never was over the door threshold on Monday the 16th of January, he was taken ill on the Sunday

night, he was in my presence all the time; he is as honest a man as ever lived, he never was out of my sight, nor the witness Smith neither.

After the Judge had summed up the evidence, the Patrol desired to be examined, which the Court refused. The Jury retired for some time, and returned with a verdict.

NOT GUILTY .

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

Reference Number: t17860222-121

308. STEPHEN GOLD was indicted for feloniously assaulting William Shakespear on the King's highway, on the 11th day of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, a boy's suit of clothes, value 5 s. the property of William Shakespear .

WILLIAM SHAKESPEAR sworn.

I am son of John Shakespear , I live with my father; on the 11th of January I was going from my father's, No. 12, in the Strand, to Prince's-street, and in a passage, the corner of Catherine-street, I saw three men stand, I was going to take a boy's suit of clothes to be pressed, which were sent to my father to be made up, and I passed them, and going up Catherine-street , one of the three men took the bundle from me, and I run after him, and in the passage another man came and knocked me down; he was not out of my sight, and I pursued him; he run up Eagle-court, and when I came up to him, I passed two women, they asked me what was the matter? and they said, your mouth bleeds; and I told them what was the matter, and they told me where to find him, and I lost sight of him after I passed these two women; I found him afterwards in Newtoner's-lane, at a house where a woman directed me, her name is Ann Chapman .

Did you find any of the clothes again? - No, Sir; it was a day or two afterwards.

JOHN SHAKESPEAR sworn.

The last witness is my son, I sent him with the clothes to be pressed, and soon after he returned, with his mouth bleeding, brought by three strange men, and they told me that the person that robbed him would soon be taken, if he staid in London; I never got my clothes again. This is the ninth time I have suffered by house-breakers or street-robbers.

ANN CHAPMAN sworn.

I live in Eagle-court, Catherine-street; I was standing at my door the night the robbery was done, and that gentlewoman talking to me, the prisoner ran by as fast as he could run; he had a bundle with him, but I could not tell whether it was black or brown; I said to the women, there is Stephen Gold running, he has been at no good; I knew the prisoner before this time, he lodged at a house near me up two pair of stairs; the boy came up immediately, crying, for God's sake, give me my clothes; his mouth was all over blood; says I, little boy, what have you lost; says he, that man has robbed me of my clothes; he said Stephen Gold was the man that robbed him; I did not see him rob him; then Gold run away, and got out of sight.

Court to the Boy. Did you tell the same story before the Justice of Peace? - Before the Justice of Peace, there was a boy threw a marble at the window, and his head was out of the window, and he did not hear a word I said, and he turned his head, and said, commit him for disorderly.

Court. Had you lost sight of the prisoner before you came up to Ann Chapman ? - No, Sir.

You had not? - No; the gentlewoman said, let us cry stop thief! as you know him; I said, no, do not.

Prisoner. They did not tell the same story at the Justice's, Justice Walker acquitted me.

ELIZABETH LAYTON sworn.

I live in Eagle-court; on the 11th of January I was present when the boy came into the court, I saw the prisoner run past as I was in conversation with Mrs. Chapman; he had a bundle, I saw the little boy come up, he was running after the prisoner, and he said he had been robbed by that man; I have frequently seen the prisoner about the neighbourhood, and I am sure that was the man; I said to Mrs. Chapman, cry out, stop thief! but she said not, and we followed the boy into Swan-yard, and Mrs. Chapman informed him where he lived.

CHARLES YOUNG sworn.

I know nothing further than apprehending the prisoner in Short's Rents, on the 17th of January.

Court to Boy. When the prisoner snatched away the bundle from you, did he strike you, or use any violence? - No; he only snatched it away, and I was knocked down afterwards by another person that I think had a wooden leg.

Then it was that you received a blow which made your mouth bleed? - Yes.

Before he snatched the bundle from you, did he use any words? - No.

He only came up and snatched the bundle away? - Yes.

Jury. What time of night was it? - Between six and seven, it was dark, I followed the prisoner till I got past these two women, I saw his face afterwards, I know him to be the person that took the bundle.

Prisoner. I have not a word to say, only that I am innocent, I have not a soul in the world; he said before the Justice that the man had either a white coat, a brown, or a black one, he could not tell which, and that he could not swear to his face.

Young. He said either brown or black.

Court. What is the value of these things? - Five shillings.

NOT GUILTY .

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

Reference Number: t17860222-122

309. JOHN M'COUL and BENJAMIN M'COUL were indicted for feloniously stealing, on the 28th of January last, two guineas, value 2 l. 2 s. two half guineas, value 1 l. 1 s. a piece of foreign silver coin, called a rupee, value 2 s. a pair of Mocoa sleeve-buttons, set in silver, value 1 s. a silk purse, value 1 s. a counterfeit sixpence, of no value, and three shillings in monies numbered, the property of Thomas Furnace , privately from his person .

THOMAS FURNACE sworn.

I went to Drury-lane playhouse to see half a play, I meant to pay half price, for which I presented half a crown, the box-keeper gave me eighteen pence in return; I went into the two-shilling gallery; I had been there but a very short time, before I wished to come out again; I was then opposed coming out again by the two prisoners, first by John and then by the other; they jostled me, I spoke to them, and told them I wished to come out, I was extremely crowded, and very hot; I got through, and came out; I pushed John with my arm, and the other then put himself entirely in my way, then I spoke to him, upon which I got out past them, and the door immediately flapped on their backs, there is a step or two down as soon as you are out of the door, and I saw my breeches-pocket lay upon my thigh; I naturally concluded these men had picked my pocket, in consequence of which I was determined to pursue them, finding it impossible they could have got out of the gallery, I called to a constable to go and seize the prisoners behind the door, I desired that they might be examined, and there was a kind of a partial examination, which I found would never answer; I then desired they might be carried to Bow-street, and I would attend them; I perceived then that the Justice was not sitting, then I desired we might go into some drinking-house to have them examined properly; they were carried into a drinking-house, there they were examined, and the money was produced; there was found upon them a purse,

with several guineas in it, but amongst them there was a half-guinea which I will swear to, and a sixpence, of base metal, which I can swear to; the purse was found on John; after this, I left them in charge of a constable at this house. On Monday morning I went to Sir Sampson's; these men were unknown to me before, but Sir Sampson thought proper to commit them to Newgate. Previous to my going to the play-house, I took out my purse; I had a friend or two with me, I took twelve guineas out of my pocket, and delivered them to my friend, telling him I was going to the play-house; then I looked at two guineas and a half, two shillings, and a bad sixpence, which I know as well as I do myself, and a rupee, and a pair of sleeve-buttons.

Was the rupee in the purse? - No.

Were the sleeve-buttons? - No, nor my purse; the purse that was found on the prisoner, was not my purse.

Was there any thing found on the other prisoner? - Nothing.

One of the half guineas and the sixpence you know? - Perfectly so.

Mr. Silvester, Prisoner's Counsel. It was at half price you were going to the play? - Yes.

Many other people were there? - Yes.

There are three doors going into the gallery? - Yes.

How many of those doors did you attempt to go in at? - Only one.

When you came out, you was opposed by persons going in? - They were in the gallery as well as myself.

Was you further in than they? - I was on the inside of them.

They stood between you and the door? - John laid his hand on my shoulder; I thought that rather rude behaviour.

By the box-keeper you mention, you mean the gallery-keeper? - Yes.

Your direction was to take the two men behind the door? - Yes; I told them they had picked my pocket of money.

How much money? - I cannot recollect whether I said the quantity of money.

You did not say five guineas? - I had not five guineas in my pocket.

That may be; a man says he has money in his pocket, when he has not; did you say so? - I will not say that I did.

These men were taken to one of the beer houses, and there they were examined? - Yes.

What sort of a purse was your's? - A mouse-colour purse, and the buttons were at one end, and the money and rupee at the other.

None of these were found, but in this man's purse were found some guineas? - Yes.

How many guineas? - Seven, eight, or nine.

You did not know the guineas again? - Some of them may be mine.

Now as to the half-guinea, was there any mark upon that? - There was a sufficient mark upon it that I know it, it has a cast upon it.

What do you mean, did it squint? - A bend it has got; it is a very fresh half-guinea.

What year was it coined in? - That I will not pretend to say.

Do you know what King? - It was King George.

Was it George the Second? - That I cannot tell.

Was it George the First? - I believe not; I know it when I see it, and I swear to it.

That is right. Did you ever see a bent half-guinea before in your life? - Yes.

Now, as for your bad sixpence, what is the mark upon that? - Mark upon it! I cannot say the mark; there is a scratch, it is an extreme bad one, an old traveller of mine, I know him perfectly well.

You must know all its faults, because you know it as well as you know yourself; is there any particular mark, besides it's being bad? - I cannot tell; there is no mark upon it in particular, but I know it when I see it, it travelled with me all the way from York, I had it in town too.

How long had you been out of the gallery before you took this man up? - I never went out of the gallery at all; I took them instantly, I considered a little.

Court. On the Saturday evening, when this purse was taken, and the gold was produced, did you, when the money was turned out of it, express to the officer your knowledge of these pieces? - I said immediately to the constable, I will swear to the half-guinea; says I, take charge of him this moment, then I said about the sixpence.

When the prisoners were brought out of the gallery, had you a recollection of their persons as the men you saw before? - I cannot possibly swear that.

For instance, if you had not seen them again for a day or two after, should you have known them? - I cannot say that.

JOHN SHALLARD sworn.

I searched the prisoners; I found nothing upon Benjamin, but I found a purse and some gold upon John; the purse contained nine guineas, he took it out of his pocket, when I said I should search him; there was some halfpence in his pocket.

(The Money handed to the Court.)

Court. Had you ever observed in what part of the coin your half-guinea was bent? - I do not so far recollect it.

Suppose any gentleman here had a new half-guinea that was bent, by what means could you distinguish them? - The sixpence and half-guinea are so strong in my mind, that they have made a very great impression.

Mr. Silvester. It is very unfortunate for me that I should have a bent half-guinea.

RICHARD BLANDY sworn.

I took John M'Coul; Mr. Furnace told me he had been robbed, and his pocket picked; to the best of my knowledge he mentioned five guineas.

JOHN BARRET sworn.

I was the first officer.

Who did Mr. Furnace desire you to take? - Benjamin, he told me he had had his pocket picked, and pointed to Benjamin, he was then in the lobby coming out of the gallery, I searched him, they were both on the steps of the lobby outside the door.

Prisoner John. I am perfectly innocent of the charge, the gentleman at first said five guineas.

Barret. He mentioned more money than he had in his purse.

Mr. Silvester. I will not call any witnesses in such a case as this.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-123

310. JOHN MURREY was indicted for burglariously and feloniously breaking and entering the dwelling-house of Launcelot Davidson , about the hour of three in the night, on the 6th day of January last, and burglariously stealing therein, three hundred pounds weight of tobacco, value 40 l. three silver tea spoons, value 5 s. and one watch, with the inside case made of silver and the outside case covered with fish-skin, value 30 s. his property .

A second count, For the like burglary, and stealing the same things, the property of Joseph Sales and Benjamin Parnell .

LAUNCELOT DAVIDSON sworn.

I live at Cock-hill, Ratcliff , I keep a house there; on the 6th of January last, between three and four in the morning, my warehouse belonging to my house was broke open, and a great quantity of tobacco taken out.

Did that warehouse communicate with your house? - It joins to the house, there is a partition wall between the warehouse and the house, there is a door opens from thence into the yard; they opened that door, and from the yard they went to the kitchen window, and broke a pane of glass, and the upper bar was taken down, they went through the kitchen into the cellar.

When had you last made any observation on these several places you say was broken? - I saw them every night of my life, I saw it all safe when I went to bed, which was about eleven or rather before, we were disturbed in the morning by hearing people in the cellar; my wife awaked me, I heard a noise, I got a light as soon as I could, and came down stairs, and saw what I have told your Lordship; this was pretty near four in the morning, I went down stairs, I missed nothing in the parlour, and looked and finding the window left open, I thought it had been the servants, but when I saw the iron bar broke, I saw it was thieves, there was a great deal of tobacco taken away, but I cannot tell the quantity, from the parlour there were three tea-spoons taken, and a silver watch of my wife's, in a fish-skin case, which hung by the fire side.

What was the value of that tobacco that you suppose was taken away? - It might be two hundred pounds weight, or five hundred pounds weight, I cannot be sure, there was more than two hundred pounds, it was worth thirty pounds I think, it was fine tobacco; three or four days after, I heard the prisoner at the bar was taken up for a watch, and my wife went and knew her watch, it was at the watch-maker's to be mended, the watch-maker has the watch; I never got the tea-spoons, nor any part of the tobacco.

CATHERINE DAVIDSON sworn.

I am wife of the last witness, on the morning of the 6th of January, I was awaked with a noise in the house, I immediately got out of bed, I heard something tumble down stairs, like one man over another; there is a step in our passage, that deceives any body that is not acquainted with it, and I imagined that was the case, for I heard four or five; my husband lost tobacco out of the warehouse, and two or three tea-spoons, I am only sure to two, my servant says, there is three; my watch I did not miss till after the hand bills were printed in the evening, and then it was too late to insert them in it.

Did you in fact lose a watch? - Yes, I have seen it since, I knew my watch, it was at Mr. Allen's, the watch-maker's.

Was it in the same state as when you lost it? - No, the spring was broke, but the outside fish-skin was there, but the woman's chain was taken off, and the paper taken out.

- ALLEN sworn.

I am a watch-maker, I have this watch.

(Produces it.)

Court to Mrs. Davidson. Do you know the number of this watch at the watch-maker's? - No, Sir.

Will you venture to swear to it? - Yes, Sir, it is very particular, there are many marks about it, I had the case made to my own fancy and the lining.

Allen. On the 11th of January, the prisoner brought this watch to my shop, to get it repaired; I looked at it, and told him the main spring of the watch was broke, he stood motionless, and almost speechless, he made no reply to that, I asked him when he wanted it done, he told me to suit myself, he was in no hurry; I made him for answer, he should have it the latter end of the week, he went out of the shop, I saw him no more till I saw him at the Justice's; one of Justice Green's men came to me on Thursday and enquired about the watch, his name is John Orange , in the evening he came with the Justice's compliments, and desired me to attend at the office, I was very unwell, and desired he would bring down the party, this was on Friday night; on Saturday morning, Mrs. Davidson came down herself, and described the watch, she said, it was a silver watch, with a green fish-skin case; I asked her the name and number of the watch, she told me she had had the watch twenty years, but could not tell me the name or number; I then asked her what kind of a dial plate it had, she said, it was an old fashioned dial plate, an enammelled dial plate, I then gave it into her hand, and she said, she would

swear to it. (The watch shewn to the Jury.) It is exactly in the same state as when I had it; I am sure the prisoner is the person who brought it to me to repair.

Did he leave his name with you? - No, on the Friday when the officer came to me and acquainted me, John Murray had sent him for a watch that I had to put a main spring to, I said, I did not know the name of Murray; and about half after seven came a young woman into my shop, and asked me if the watch was done belonging to John Murray , says she, I am John Murray 's sister; says I, you shall not have the watch nor any body else, out of my possession, till I know who is the right owner of it.

JOHN ORANGE sworn.

I am the constable, on the 13th of January, Murray was brought into the Virginia Planter , on suspicion of another robbery, he was left in my custody, and while I was sitting with him, he says to me, Mr. Orange what sort of watches are these that Mr. Hamilton lost? says I, some are silver and one is gold, then said he, I have not got the watches, for the only watch I have got, is a silver watch with a silver case, says I, where is that, says he, I broke the main spring, and left it at Mr. Allen's to be mended, upon that I went to Mr. Allen's, the prisoner was committed that night, and brought down the next day, then Mr. Allen attended, and Mrs. Davidson; before the Magistrate, he said, he bought the watch of the Jew, and gave him half a guinea for it.

PRISONER's DEFENCE.

A man that belonged to this office stopped me and searched me, I told him I had a watch that I bought the 9th of January, and I asked him if he would go himself and see the watch; he came back, and said, he could not get it, and then this young woman came on purpose to convince him I knew nothing of the other watches, I sent her and one of the watch.

Have you any witnesses to call relative to your purchasing this watch of a Jew? - I have a woman.

ELIZABETH LLOYD sworn.

All I have to say, is, John Murray came into the house where I live, on Old Christmas-day at night, and he was in liquor, he went to bed, and on the Monday morning following, he bought a green watch, that was in Denmark-street, at one Mr. Bagg's, I was nursing a woman; on the Monday following another young man came in, and brought in a green watch without a chain and glass, and he desired me to go down and get a glass, and I did so.

What day of the month was that? - I believe it was the 9th.

It was a watch with a green shagreen case? - I am no judge of watches, I do not know that I had ever one in my hand before, there was no glass in it nor chain, and I got a glass put in it, there was another man with him, one Joe Phillips , that worked along with him, and he said, he gave half a guinea for it.

Prisoner. The man that was along with me when I bought the watch, has set sail for the East Indies, in the Europa Indiaman.

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

NOT GUILTY .

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

Reference Number: t17860222-124

311. THOMAS CHANT was indicted for feloniously stealing, on the 2d day of February , one ounce seven penny weights of silver, value 6 s. and two ounces seven penny weights of silver wire, value 10 s. the property of William Eaton .

(The Case opened by Mr. Silvester.)

(The witnesses examined apart.)

WILLIAM EATON sworn.

I am a buckle maker , I live in Addle-street ,

on the 2d day of February last, my men were all at work about a quarter before eight, and I went up stairs with a candle in my hand, and I went to Chant's vice, and while I stood there, I saw there was a good deal of silver cuttings, which they get off the buckles, which he had got that day, I went down stairs and in about a quarter of an hour after, he came down stairs and went away; I went up stairs to see what he had done with the cuttings he had got that day, and I looked for the cutting, and I found the bench was swept down, and the cuttings were swept off the bench, and not in the trough; I looked into a little box, and they were not there; I looked into the hubbing lathe box, and I found there about a penny weight of cutting which he had got me that day; I thought that was not all, I came down stairs, and went to see for a constable whose name is Harding, and I took him to Chant, and before I came down, I called to my apprentice, and told him to stand by the vice till I came back, I went to the public house to his brother, and he had not been there; we came to his own house, the constable knocked at his door, and asked if Mr. Chant was within, Mr. Chant answered him, and said that no such person lived there; I then stood at the door, and when I heard him say the words, I went in to him, says I, this is the man we want, I pushed him into the parlour, and I said, what have you done with the cuttings you have got me to day, he said, he had left them in the box underneath the trough; I said they were not, he was much frightened, he said, they were in a piece of paper behind the blocks on the bench, I told him they were not there, for I had looked; he then seemed very much frightened, and said, he believed he had put them into the hubbin lathe box; I told him there was some there, but not what he had got me, I said I must search him, he said, I should not, for he had things about him, he then said, I have only one thing about me, if you will let me destroy that, you shall search me, he did so, he had his hand in his breeches pocket, and I saw him draw out his hand, and give it a sort of chuck; I found nothing upon him, I went to the bed and found three pieces of silver wire, and I looked at it, and said, I think this is my property; I gave it to the constable, then I went to search the drawers, there I found nothing; I pulled out one of the little drawers, and there I found some papers that were pinned up.

Whose wire was that? - I believe it to be mine.

What quantity of it, do you know? - Rather better than two ounces, but I found one piece in a cupboard, which he said belonged to the other, and it was put to the other, which made four pieces in the whole: the cuttings are off the buckles, little bits about half as big as a pin's head.

Mr. Garrow, Prisoner's Counsel. It is not wire? - No, I did not go after wire.

Are you a wire drawer? - I draw for my own use.

Are you at all able to identify this wire, to say that it is yours? - I cannot say I have any knowledge of it.

Do you happen to know whether his brother was at the house at this time? - No, Sir, I do not believe he was.

Do you know whether in fact there was an execution, either against the person, or the effects of that person in that house? - Not that I know of, I have not heard any such thing.

I believe before the Magistrate, you only charged this man with suspicion of this? - Yes, Sir, but my man swore to this property.

Are you sure of that? - I will not be positive of it.

Do not you know that he was committed on suspicion, and has been out upon bail, and has surrendered himself to day? - Yes.

Was not that because no creature could venture to identify this wire? - I could not swear to it.

Do not you know now that nobody could? - I cannot be sure.

You heard your porter examined? - Yes.

Look at this instrument, is it an instrument for wire drawing? - Yes.

Is it possible for any man to swear to wire of any size; would not a like wire be produced by an instrument of that sort in any one's hands? - It may be possible to produce the same, and I have a drawing plate of the same kind as this.

How is it possible for any man to distinguish a wire, which is drawn through a drawing plate of the same size? - The purity of the silver is much the same.

I fancy it must; had not your house been robbed? - Yes.

Did not you make some application to the prisoner? - Yes.

What application did you make to him or what offer did you make to him? - I told him, if he would tell me, an act the honest part, that I would help him, and do him all the service I could; on finding the wire upon him, he told me he would give me an account how he came by the wire.

Did not you offer him thirty pounds, if he would give you some information that you wanted? - No, Sir, no such word, none at all, not a farthing.

Tell us what you did say to him? - The words I repeated before.

Let us hear them again? - I told him I was informed he knew something of my robbery, he said, he did not, I told him if he knew any body that would tell me, I would be his friend, I believe that was what I said, I am sure it was.

How many men were left there, when the prisoner went away that evening? - All my men but four.

Did not you tell Mr. Yardley you delivered out your silver to your men, and received it back by weight from them? - I never said any such word to him.

Had you any conversation with him about the weight? - None at all.

I believe you had some reason to know that the prisoner was not the man that committed that robbery? - I believe the people are taken.

It is a very near relation of yours that committed that robbery? - No, Sir.

Court. There is not the smallest suspicion on the prisoner about that.

Mr. Garrow. Then I am content.

THOMAS HARDING sworn.

I am the constable, I went to Chant's house, I first of all went with Mr. Eaton to Chant's brother's house; he told me he was not there, but he expected him there in a little time; I knocked at the door, the prisoner came to the door, I asked him if his name was Thomas Chant , he said no, he rather equivocated and said his name was Joseph, Mr. Eaton stood at the door, he immediately came into the house, and said to me, this is the man I want, I immediately went into the room, and Mr. Eaton told him he wanted to talk with him, that he suspected he had robbed him of some silver that day, he seemed rather confused about it; immediately Mr. Eaton said, Chant we must search you, I said so likewise; he insisted he would not be searched, he equivocated a long time with his hands in his pockets, and he said if he might destroy a piece of paper he had in his pocket, he might search him; Mr. Eaton searched him in my presence, and after finding nothing, there was a little bed in the corner of the room, and Mr. Eaton saw some silver wire which he immediately caught up, and said he believed it was his property, he looked about, and in a little cupboard he found another small piece; Chant said he hoped Mr. Eaton would forgive him, as it would sadly hurt his character, if he made any kind of stir about the business, that he would prove how he came by it, that he bought it of somebody; then Mr. Eaton began to accuse him about some cuttings; he said the cuttings he had cut him that day were in a drawer under the bench, he went home with us, there was none there.

Mr. Garrow. How soon after this was the prisoner bailed? - On the Monday after, this was on the Friday; he was committed only on suspicion.

Did Mr. Eaton say any thing to you about any silver wire? - No.

How many men were in the shop when you went back? - Two, and a young lad; Matthews was there.

EDMUND READER sworn.

The last piece of wire I missed was about five weeks ago, which I drew myself about a week before the prisoner was taken up; I think, according to all appearance, this is the wire; I know none of the others.

Mr. Garrow. How long have you worked for Mr. Eaton? - Thirteen months this last time; I worked for him formerly.

That was before you took apprentices perhaps? - Yes.

How many apprentices have you had from the parish of St. Luke? - None.

What parish have you had last from? - St. Sepulchre's.

What name did you take them in? - In my own name.

What name was that? - Reader.

Are you sure of that? - Yes, I have no other name.

Where is he now? - I do not know, he came to me when I lived in Long-alley, when I worked with Mr. Eaton.

Did you not represent yourself in the name of Read? - No.

Why you stripped the boy and left him naked, and the parish officers are after you for it? - God forbid I should! I deny it with a safe conscience.

If this piece of wire had not been rough, could you have distinguished it from any of these that I shew you as to size? (shews him several.) - No Sir, I cannot say I could.

So that a little accidental roughness at the bottom of the piece is the only thing by which you can speak to it? - Yes.

GEORGE MATTHEWS sworn.

I stood by the vice till they returned, as I was directed.

Court. He does not swear positively to the wire, nor can he.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860222-125

312. ROBERT THOMPSON was indicted for feloniously stealing, on the 27th of August last, one cloth great coat, value 10 s. the property of William Smith .

(The case opened by Mr. Garrow.)

(The witnesses examined apart.)

WILLIAM SMITH sworn.

I drove a waggon to town, it was a hired waggon, came from Worksop, Nottinghamshire, we came with furniture, we came to the George Inn in Drury-lane ; we came on the 27th of August, when I came to the inn, my great coat was in the waggon-tail, I did not see it after I came to the inn; when I missed it, I enquired of the prisoner and all the men in the yard, and they none of them knew any thing about it, and the prisoner said he knew nothing about it; I saw my coat again, three weeks tomorrow, in the custody of the pawnbroker, his man is here, and the man that took it to pawn; I knew my coat again.

Mr. Silvester, Prisoner's Council. Mr. Smith, you are a servant to a waggoner at Worksop, one hundred and forty-six miles from London; who brought you up to town on this business? - His waggon.

Who was at the expence of this prosecution? - I hope the Court will be at the expence, or else I shall be wrong.

Who pays counsel and attorney, now, Mr. Smith, upon your oath? - I have not paid them at present, but I may do.

Does not Mr. Thorne lend the money? - I suppose it is not material, I have not paid it; I suppose Mr. Thorne will pay it.

Did not Mr. Thorne write to you to come up about it? - Yes.

Did not he write to you that he would be at the expence of your coming up? - Yes, he did.

Mr. Garrow. Have you got his letter? - No.

Mr. Silvester. Did not Mr. Thorne advance the money to prosecute this man? - I understood that he would pay, he knew that I was not capable.

Will you answer the question? - I have been at part of my expences.

You understand the question perfectly well; is not Thorne at the whole expences of this prosecution? - I have been at some expences myself.

Has not he paid both counsel and attorney? - Yes, I suppose he has.

Do not you know, is not there a dispute between Thorne and this man? - I do not know of any dispute, except that he found out this coat.

Did you never hear Thorne say this man had an information against him? - No.

And that he would hang him if he could? - No, I never did.

How came you not to come up before? - I could not come before I heard any thing about it.

Then the first news was a letter from Thorne? - Yes.

And he wrote you word, that if you would come up, he would pay the expences? - Yes, he did, or it would have been badly worth fetching, though it cost me eighteen shillings; I had not worn it a great deal, perhaps six or eight days, or a fortnight.

Mr. Garrow. You came to do your duty to the public to prosecute? - Yes.

And you thought it would have been a very bad thing, unless Thorn would pay your expences? - Yes.

JOHN MOSELEY sworn.

I am a servant of Mr. Thorne's, I am hostler at the George Inn in Drury-lane; the prisoner was hostler there in August last, I remember Smith coming up with the waggon; I do not remember any enquiry about a great coat.

Had you seen such a thing at any time? - I went into the stable on the 18th of August, on the Sunday morning, and I saw a great coat rolled up in the stable, it was a brown great coat; I asked the prisoner if he knew whose it was, and his answer was, it belonged to himself.

Have you seen such a great coat? - I have seen that many times since; I have seen the coat which Smith says is his, I believe that to be the coat that I found under the manger; this was the stable that the prisoner had business in, but not the same stable that the countryman's horses were in.

Mr. Silvester. Did you take out the great coat? - No, I did not meddle with it, it was rolled up.

You could not tell whether it was a loose or a tight coat? - No.

Has not that great coat been worn by every servant in the inn? - Only by the prisoner; he wore it publicly of cold mornings and evenings.

I believe he laid an information against your master? - Yes.

For running his chaise without a ticket? - Yes.

What did your master say then? - I cannot tell.

Did not he say, he would be d - d if he would not hang him? - I never heard him say so, I never heard him say he would do any thing to him; he never knew any thing about it, till my fellow-servant told him; I never heard him say at any time what he would do to him.

THOMAS CARTER sworn.

I am hostler at the George Inn in Drury-lane, the prisoner was hostler.

Did you ever pawn any thing for him? - Yes, a great coat.

What sort of one? - A drab-coloured one.

Where did you pawn it? - At Mr. Cowper's in Wych-street; he told me it was his own coat. (The coat produced.) I know the coat again; I pawned it in my own name.

Did you redeem it? - No, Sir; it was not redeemed till it was taken to prison.

Mr. Silvester. What had you on the great coat? - Three shillings.

How much did you keep for yourself? - One shilling; I was distressed for a shilling, he sent me for two shillings, and I got three.

What was the other two shillings spent in? - Nothing.

Why did you pawn the great coat? - By his desire; he used to wear it, I do not think any body else ever wore it; he wore it of nights, when it was cold weather, and wore it publicly.

Did you know whose great coat it was? - No.

Do you remember any enquiries made about it? - When the farmer went away, he enquired about his great coat; I knew nothing about it, I never wore it.

Was not you threatened to be prosecuted? - Yes.

How many people were present when you had it of him to pawn? - Nobody, that I know of.

Was you committed? - No, they acquitted me of the affair as against me.

Mr. Garrow. Do you remember the farmer enquiring for a great coat? - Yes.

Did he enquire of the prisoner? - He was out of town at the time, he was gone down to Egham races.

Was the prisoner in town when the farmer went out of town? - Yes.

When you was taken, did you tell immediately who pawned it? - Yes, Sir.

WILLIAM JORDAN sworn.

I was shopman to Mr. Cowper, a pawnbroker, in Wych-street; I remember Carter, I have received several things from him, and amongst the rest, I find I took a coat of him, one of my billing; I left it in pledge when I left Mr. Cowper; I lent him three shillings upon it on the 7th of December.

- MOLD sworn.

I am servant to Mr. Cowper, I have lived with him four years; I produce a great coat which was pledged at Mr. Cowper's, in the name of Thomas Carter , for three shillings, the 7th of December; I had it in my custody ever since; the 7th of this month, I took it to the office, there was application made to us that the coat was stolen, and desiring us to go to the office with it, I took it there.

To Jordan. Is that the coat you took from Carter? - Yes.

To Carter. Is that the coat you received from the prisoner? - Yes.

To Moseley. Was it such a coat as this you saw under the manger? - It was much such a colour, I have forgot rightly the colour.

Prosecutor. This is my coat, any man might swear to this bit, and the buttons were great part of them off when I lost it, here is a remarkable button in a remarkable place, it is different from the others, I observed that before I lost it; I knew if that button was upon it, I could safely know it was my own coat, it was very near off when I lost it; I am sure it is my coat that I lost.

Mr. Silvester. That new coat of your's had lost all it's buttons? - They soon broke off.

Thorne came down to you at Worksop, did not he? - Yes.

Then he described the coat? - He had no occasion, he knew it was my coat; he said, that if I would come up about it, I might have my property again.

He told you it wanted buttons? - He never told me any such thing, I remembered the buttons.

Where have you lived since you have been in town? - In many places.

At the George in Drury-lane? - Sometimes.

Only meal times? - No.

Do not you breakfast with Mr. Thorne? - I have, I have not dined with him very often; I lay at the George Inn.

JAMES THORNE sworn.

The prisoner was a servant of mine; I remember Smith the waggoner coming to my house the 27th of August, I remember his enquiring about a great coat, I know Smith asked the prisoner in my presence, and I likewise asked him, and he said he had not seen it.

You went down to Worksop about this business? - I did about three weeks ago, I cannot speak exactly to the time.

What induced you to go down? - I will give you my reason for it; the yard I lived in has been repeatedly robbed, and other yards had been robbed; these two men, Carter and the prisoner, had quarrelled about a robbery before, and I thought it my duty to take them into custody; I did not think about going, but the Justice said the waggoner must be produced; I went down after the prisoner was committed.

Had the prisoner given some information against you for penalties? - There was a report so.

Did you encourage this prosecution out of spite and malice towards him? - Upon my oath, I have no kind of malice against him, neither do I know he is the man that did lay these informations; I should rather have dropped the prosecution.

When you went down, did you give any particular description of this coat to the man? - I never saw it.

Mr. Silvester. Your love of public justice induced you to take a rice down there? - Nothing more than that, and wishing to be secure.

Your love of public justice induced you to lay down the money for this prosecution? - I am not at the expence of this prosecution.

Who has paid the counsel and attorney? - The money came out of my pocket; this man is a man that does not carry a great sum of money about him, and he is a stranger to law. I would lend the man money.

You advanced the money, did not you? - I did, Sir; I advanced it upon the credit of Mr. Smith, I offered to pay his carriage to town, because he was not willing to lay out the money, I advanced it upon this credit, and this only, it was from the Justice's telling him when the man was committed, he was very loth to be bound over to prosecute, and the Justice informed him, and his clerk likewise, that if he prosecuted, the Court would pay his expences.

The Justice could not tell you that, before you paid the carriage? - No, Sir.

Have not there been a few informations against you for running your chaises? - No.

What was it for, then? - For filling up a ticket for twelve miles instead of thirteen.

You have declared, upon your oath, that you would be revenged of this man? - Never before this prosecution.

Did you ever declare you would be revenged of him? - Never, that I know of.

Recollect yourself? - I do.

Have not you declared you would sell your best chaise and horses to be revenged of this man? - Never, that I know of.

Will you swear you never did? - I will swear I never did.

Do you know a woman of the name of Curl? - Yes, I do.

Did you never declare, in her presence, that rather than not be revenged on that man, you would sell your best chaise and horses? - Never, that I know of; she is beneath my notice.

Did you never declare you would be revenged of him? - Never before the prosecution.

Did you ever declare so at all? - I never made use of the expression, nor a word to that purpose.

What could induce you to go to Worksop, if not out of revenge? - It was not; I did not know Smith the prosecutor till he came up that day.

Who has supported that man since he came to town? - He lived at our house all the time, except when he has been out any where.

Do you know a man of the name of Taylor? - Yes.

Do you know a man of the name of Wing? - Yes; he keeps a public house in our neighbourhood, and Taylor drives a postchaise.

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

Reference Number: t17860222-125

THE WHOLE PROCEEDING'S 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 22d of FEBRUARY, 1786, and the following Days;

Being the THIRD 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 III. PART X.

LONDON:

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

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 Robert Thompson .

ANN CURL sworn.

I never heard Mr. Thorne say any thing about the prisoner.

THOMAS TAYLOR sworn.

I am a post-boy; I know the George in Drury-lane, I do not know the great coat; I was left to take care of this man's business while he was gone, he was absent three days the last Egham races, I do not know when they began; when he went out of the yard, he desired me to take care of his things, and there was a great coat in the stables, and he desired me to take care of it, for if Carter got hold of it, he would pawn it.

Mr. Garrow. How long had you known him before Egham races? - I lived fellow-servant with him.

Mr. Silvester. What is his character? - A very good character as ever I heard.

Mr. Garrow. Did you know him when he lived at Dartford? - Yes; I came away before him, I do not know why he left it, upon my oath; I know no further about him.

How many days had you been at the George, before you went to Egham races? - Backwards and forwards a few days.

Have you seen that coat before? - Never; he desired me to take care that Carter should not take it to pawn it; it was under one of the mangers, I never looked to see what sort of coat it was.

JOHN STEVENSON sworn.

I am servant to Lord De Spencer, and have been near twenty years; I have known the prisoner fourteen or fifteen years, his general character has always been very good, he lived near four years in the service, when he was discharged, he lived with one 'Squire James, he had a very good character from my Lord; his father has lived with the family upwards of forty years, and is now in the family; he has always born a good character, I never heard any thing in the world against him.

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

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860222-126

313. JOHN PEAZY was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Granger , about the hour of three in the night on the 16th day of January last, and burglariously stealing therein five pounds thirteen shillings and sixpence, in monies numbered, his property .

JOHN GRANGER sworn.

I was robbed on the 16th of January last in the morning, being Monday.

Court. Describe how it happened? - On Sunday night, I went to-bed at half after eleven; I live at the Peacock in the Minories ; I was the last that went to-bed; my wife and boy went up together; I fastened the front of the house myself, the windows were all shut, but the back part of the house has no fastening; I locked my till, I fastened the bar door, all the house went to bed before me; my wife came down at half past seven in the morning; there were three or four pounds worth of halfpence in the till; I saw the prisoner frying beefsteaks on the fire; the parlour window was not quite shut when I came down in the morning, the bar-door was wrenched, and I found the till had been unlocked, and money taken out; I went to Mr. Evan's at the Three Kings in the Minories, and the prisoner was there; I said, John, you have been robbing me; and he said immediately, I am very sorry for it; he did not deny the charge; I said, Jack, you have got my halfpence; he began to cry, and said, Sir, I hope you will not hurt me; I said, John, you must suffer the law now, and I sent for a constable; there was a box which belonged to the prisoner, and we examined it, and there was my property in it, I saw a great quantity of halfpence, part in a handkerchief, and part in a blue apron, and I saw his linen with a mark on it, I. P. There were six or seven shirts in his box, I will not swear they were my linen; amongst the halfpence, I found a button, a gingerbread nut, and a screw, which I believe were in the drawer when I went to bed.

Mr. Chetwood, Prisoner's Counsel. This young man, I believe, was a servant to you? - Yes.

He lived with you twice? - Yes.

Who had you a character of him from? He lived with Mr. Burton, who kept the house when I took it of him; he then was out of place, and went and lived with Mr. Parker, at the Angel and Crown in Whitechapel.

Do you know how he came to leave Mr. Parker? - No.

Upon your oath, do not you know? - No.

Do not you know he was seduced from that place? - No.

Did you never hear that? - No.

Then you will presently; he left your house with credit that time? - He used to get drunk sometimes.

I ask you the question, did you, knowing him to be a drunken lad, give him a good character? - I gave him a character of being obliging and civil.

Was he a servant at Ratcliff-cross at Dr. Horsefall's, when this robbery, as you call it, was committed? - I do not know.

Was not he seduced from that place by any part of your family? - No, Sir.

Pray, before any talk or any pretence of the robbery or burglary, had you any quarrel with your wife? - No, never in my life.

Had you no jealousy concerning this young man? - No, Sir.

Nor have had none since? - No.

I ask you whether or no you have had jealousy of him? - I never expressed any jealousy, not to my knowledge.

You must know whether you have, or have not? - I have not.

You have had no jealousy or suspicion? - No, Sir; because I never had any proof.

Pray, did you never visit him in the Poultry Compter? - I went there once, by the desire of Mrs. Davis; she sent for me.

Did you, or did you not, in the Poultry Compter, tell him, if he would confess whether he had ever been great with your

wife, you would maintain him, and get him out of his troubles? - Never in my life, so help me, God!

That you swear positively? - Certainly.

Did you or not turn your wife away? - I say that, and insist upon it.

You know Mrs. Davis? - Yes.

She was there, and her two daughters? - Yes.

And no such conversation passed? - I never was jealous of my wife.

You think the parlour windows were down? - I am sure they were shut.

Your servants might have lifted them up, for what you know; was there any appearance of force to the windows? - Not to my knowledge; he could not come into any other part of my house.

Will you swear that? - I have no other reason to think he got in any other way, my servants were all locked up that night.

Who sent for the box? - I did not; I asked the prisoner, I said, John, how came you to rob me? says he, I do not know; says I, how did you get in? says he, at the parlour window; I had no reason to quarrel with him about it; the halfpence were taken out of the box by the constable.

Do not you know how he came by them? - Upon my oath I do not.

Might they not have been given him? - A great many things happen that we do not know of.

Did not your wife leave you that day? - Yes.

For what? - I do not know.

Was it not for quarrelling with the black? - I did not quarrel with him, we had no words at all.

What did your wife leave you for? - For fear I should ill treat her; I cannot tell her reasons for it.

Upon your oath, cannot you assign any reason for it, why she should be afraid of your ill using her? - No, I cannot.

Cannot you guess? - I cannot.

You have treated her roughly before? - Yes; it is too hard a question for me to answer.

You must give the Court an answer; what was the reason why your wife should think you would ill treat her that morning? - Because I had ill treated her before; I cannot answer that question, I cannot do it.

Did you ever ill treat your wife, on account of this boy? - Never on his occasion, in my life.

You swear that? - I have sworn it before.

You dropped a word of his being let in the over-night? - I know nothing of it; I have received information from my wife that he was let in; I heard of his coming in over-night, I heard from my wife that he had been asking her to give him lodging; he had no place nor money, and she gave him permission to sleep there.

Did not your wife tell you, that he was distressed for a lodging? - Not in the dwelling-house.

She had given him leave to come upon the premises? - Yes.

Upon your oath, did not your wife tell you that she had ordered him to be let into the house, because of his distress? - She told me that she had given him leave to sleep in an out-house, she mentioned that at my Lord Mayor's the morning she was examined.

Was it denied by your wife; was there not mentioned that th e halfpence were made a present, because he was out of bread? - No, Sir, my wife never gave him a farthing.

Court. Did the maid say that this man was let in, by order of her mistress, into the house, or into the out-house? - Into the out-house.

Mr. Chetwood. Did not it come out before the Lord Mayor, that your wife had sent him money very frequently while he was at Mr. Parker's? - No, Sir.

Was it not in evidence, that she had seduced him from that place? - No, Sir.

Did you, or did not you not, promise the young man to pay his expences, and get him safe out, if he would inform you how often he had familiarities with your wife? - No, Sir, so help me God!

There were a good many people there? - No doubt of it.

Did not you say no harm should happen? - No, Sir, I never mentioned it.

Jury. You talk of a back house? - Our house is a narrow house in front, and we have a way to come in through a neighbour's house; it was a place where he had an indulgence to sleep.

Is it customary for your wife to go into the bar when she comes down stairs? - Yes.

You say the bar-door appeared to be wrenched open? - Yes.

Did not she give you notice of it? - She said so when I came down.

Court. I understood by you, that it appeared to be wrenched open? - The bottom part of the door has a single lock, and the top part was forced from the bottom; there is a wrench in the bar-door now.

REBECCA GRANGER sworn.

I am wife to the last witness; I ordered the prisoner to be let in to sleep in one of the out houses, on the night the robbery was committed.

Did your husband know that at the time? - No.

Did you see the condition of this house before you went to-bed on the Sunday night? - No, I cannot say I did; my husband ordered us to go to-bed, and he would see that every thing was fast; we all went before him.

Did you come down first in the morning? - When I came down, the servants had been into the bar, and had served; it was open when I came down.

Did you see them at the bar when you came down to the bar? - No, Sir; I knew they had been serving, by the money they gave me; I did not think there had been any robbery committed, as I had no occasion to go to the till; the bar-window which looks into the passage was bolted; I did not take notice whether all the windows were shut, I did not go into the parlour; the maid had cleaned the parlour before I went in; I did not see the till wrenched at all.

Did no person in the bar shew you the bar, and tell you it was wrenched? - No.

Did your husband tell you that the money had been taken out of the till? - No, not till he was sent for out; then he said he had been robbed.

When had you last any communication with the till? - An hour before I went to-bed; my husband had the key of me to lock the door; I went to the till for what I wanted, but I cannot tell what money was in it, there were halfpence in it.

How much do you think there were? - Two or three pounds worth there might be, I cannot say.

Were they loose, or in papers? - Loose.

Had any body that day the key, but you or your husband? - No.

Was there any thing besides money in the till? - No, without it was bits of ginger or chalk.

Was there no screw there? - I cannot recollect.

Did you never see a screw there? - There were screws and nails there; there was ginger and chalk.

Did you see a button, or button stone there? - No, I cannot say I did.

Mr. Chetwood. When you came down in the morning, you found your servants had been serving in the bar? - Yes.

That was no more than usual? - No.

Who had the key in the morning? - They came into the room for the key; they had it from my husband.

Do you swear that? - Before he was up.

As for the window of the bar, that you found bolted? - Yes.

And as for the opening of the door, can you account for that? - I did not say the key of the bar, but the key of the cross door my husband gave to the servants.

How did they open the bar-door? - By taking down the shutter.

Then it opens of course? - Yes.

There was no breaking or wrenching shewn to you? - No.

THOMAS SHAW sworn.

I am servant to Mr. Granger, on Sunday

night we all went to bed at the same time, I fastened the house, and it was all safe, I was down first and the maid came not a minute after, I went to my master for the key of the bar door, because we wanted some gin; and it was not fastened, we could not find the key of the bottom door, I did not examine the till; I went into the bar to serve a glass of gin, the bar was upon the jar, it did not appear to me to be wrenched at all, I did not take particular notice of it.

Were there any halfpence in the bar? - I did not see a farthing but what I took.

Did you examine the till at all? - No, Sir.

Did you examine the bar at any time? - No.

Did you see how the window was? - No, I did not mind it, coming through the passage, I saw the prisoner behind the passage door, and he asked me for a glass of gin.

Had the door been open then? - The door had been open, and I had been up I suppose three quarters of an hour.

Which way did he come from? - He came in at the back door, that was open, and he was behind it; my mistress came down about a quarter of an hour after I served him with a glass of gin, I took a penny of him for it, and he went away, and my mistress asked me who it was for, and I told her for Jack.

Mr. Chetwood. It was half an hour af- you came down, before your mistress came down? - Yes.

And sometime after your mistress came down, your master came down? - Yes, my master came down about half after eight.

Court. Was it light enough to see a man's face, when you came down stairs? - No, Sir, it was not.

Was it light enough when your master came down to see a man's face? - Yes.

Did you serve him by candle-light? - No, Sir, it was by day light.

WILLIAM BOX sworn.

I am a constable, Mr. Granger came to me about eleven, and told me he had been robbed, he said, he had lost some brown paper off the shelf, and he believed he had got the thief; I went to the Three Kings, in the Minories, and there was the prisoner; I searched his coat pockets, and found a few halfpence, his waistcoat pockets, and breeches pockets were full of halfpence, his box was on the tap-room table, he said, it was his box, and I opened his box, and found a quantity of halfpence in a blue apron; some in papers and some loose, and I found this screw, and button, and stone, and a bit of ginger; I asked him how he came by them, he owned he had taken them from his master that morning, he told me, that at five in the morning he got in at the window, the people were talking to him.

Did any of these people say any thing to to him? - I did hear the people say it would be better for him, and they said he had better say how it happened.

Recollect whether some of these people did not tell him, it would be better for him if he did confess the whole truth? - Upon my word I cannot be sure, but I think they did.

The halfpence shewn to the prosecutor: and the button and button stone, and other things deposed to.

Court to Prosecutor. Did you hear any person offer favour to him? - No, I did not.

Mr. Chetwood to Constable. What time did he come to you? - About eleven, Mr. Granger was present all the time, I was present with the prisoner, he did not attempt to make his escape, he did not appear drunk.

GEORGE EVANS sworn.

I am a cooper, the prisoner came into the Three Kings, in the Minories, and asked for lodgings, this was on Friday evening, before he was charged with this affair,

on Saturday he staid there all day, on Sunday night he went out and came home on Monday morning when it was light, about half after seven, he called for a pint of beer, he gave me all bad halfpence to pay for it, I am not sure that they were bad, he laid down on the bench, and asked for the maid, he said, he was up at three in the morning and wanted me to send my boy for the girl, accordingly the girl came, and said to him, all I know is, you are as drunk as an owl, I see; I went out of the tap-room, and left him some time, and she went out, he lay sometime, he then took out a silk handkerchief from his box, with a parcel of halfpence and farthings, and he was over-hauling them, and I was looking at him; there was a gingerbread nut, and a good many trifling things, I saw part of a button or a whole button, I could not swear to it, he said, he had them of his master for wages, then I sent to Mr. Granger who came in the morning.

ANN BOYCE sworn.

I was servant to Mr. Granger six weeks, I came after the prisoner went away, he was a servant to an apothecary's shop in Ratcliff-highway.

How came you to know that? - My mistress sent me on Sunday afternoon, to tell him, she would be glad if he would come and take a walk with her that afternoon; he came after my master went out, and she left word for him to knock at her mother's door, I gave that direction to him, but whether he went or no, I do not know, he came to our house on Sunday evening, and I was sent four Sunday evenings running on the like message, and he came every Sunday evening; my mistress was up, and he came and knocked at the door, I told my mistress, black John was at the door, and she desired me to go out, and open the back door and let him in; I let him in, and fastened the door after him, he then went through our back kitchen and there staid, and I went and told my mistress that he was there, and she went and staid about half an hour, and came back again; I do not recollect any trunk being carried out; my master came home in about a quarter of an hour after, and at twelve o'clock we all went up stairs together, I do not know whether any body came down that night after we went up stairs to bed; my mistress went into the bar first that morning.

Did she serve the liquors? - Yes.

Was there any notice of the bar being in any unusual state that morning more than any other? - None at all.

Did you hear of any such thing then? - No.

Was there any mark or break of any kind complained of? - No.

Did you see black John there that morning? - Yes, my mistress gave him a glass that morning of the queen's cordial, my mistress gave it him, and she has given him many; I went to him to the Three Kings, he was very much in liquor.

Had you any message from him? - He said he wanted to see my mistress, I asked him what he wanted, he said, my mistress knew what he wanted, I told my mistress, and she said she would give any money if he would go any where else, for she could not go to him; my master and mistress had some words that day, and she left him, and did not come home till that day week, the words were concerning this lad.

I believe there was some jealousy between them? - I do not know whether it was jealousy or the money being missing.

Do you know that he was jealous of this man? - I do not think my master was.

What were the words about? - About the money, that was the reason.

You swear the words were about this lad? - I believe it was concerning the money.

Was it about the lad, or the money, or both? - I believe it was about the money being missing.

Did you hear the black's name mentioned that morning while they were disputing? - No, Sir, but about the money, I cannot tell the particular conversation, she left my master just at Guildhall, directly as the lad was put into the Compter, and did not return for a week.

Court. This back kitchen is a part of the house? - Yes.

Do you know whether he had leave to sleep in the house that night? - Yes, my mistress gave him leave to sleep in the house that night.

Did you hear your mistress give him leave to sleep in the house that night? - Yes, he had slept there several nights before.

Was it in the house or the out-house? - In the out-house.

The out-house has no connection with the house? - This out-house as we call it, is the back kitchen.

Do you mean to say, you call this outhouse the back kitchen? - Yes.

Is it used as a back kitchen? - Yes.

Has it any connection with the house at all? - No.

Is it under the same roof? - I do not know.

Is there any roof that goes from the house to connect this with the building? - No.

Is it under the same roof? - No.

Is it all covered from the house to this, is there any wall or communication that joins the house to the out-house? - I do not know.

Pray does not the window of the back parlour look towards this house? - Yes.

Did your master sit up that night? - No, we all went up stairs together.

And the back doors to the house were fastened, and this man was not then in the house? - No, Sir, he was not in the house, he was in the back place.

Mr. Chetwood. You did not see him in the back place when you left him? - No.

Then might not he come into the house from this back house without your seeing him? - Yes.

MARY DAVIS sworn.

Mr. Chetwood. Was you at either of the Compters when Mr. Granger was there when this lad was in custody? - Yes, the boy came in, and he was a prisoner, and his master came in, and I said, walk into our parlour, I was arrested that night, and his master said to the boy, you have robbed me, he said, I did not rob you master, I have no more than my mistress gave me; so his master said, if you will confess what concern you have had with my wife, I will forgive you; that is all I know and heard, then I went down and left them there, and the master said to the boy, how many times have you laid with my wife; then after this, he said, send for my mistress to give me some money; so he says, cannot you bail me, and so his master said no, but I am very sorry for what I have done.

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

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-127

314. RICHARD CARTER was indicted for feloniously stealing, on the 30th day of January last, two ounces of musk, value 10 s. six ounces of quick silver, value 2 s. two ounces of oil of almonds, value 2 s. two ounces of rhubarb, value 1 s. half an ounce of peppermint, value 6 d. half a pound of pontefract cakes, value 1 s. half a pound of nutmegs, value 5 s. and divers other things , the property of Richard Williamson .

The things were found in the prisoner's box; his box was locked, and he would not produce the key.

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

GUILTY .

Transported for seven years .

Tried by the London Jury * before Mr. Baron PERRYN .

* James Read served the last day instead of John White .

Reference Number: t17860222-128

315. SAMUEL HALL was indicted for feloniously stealing, on the 27th day of January last, one shew-glass, value 5 s. sixteen pair of base metal buckles, value 10 s. fifteen cork screws, value 7 s. and divers other things , the property of John Bateman .

JOHN BATEMAN sworn.

I lost the glass, and was informed the prisoner had taken it.

RICHARD SIMMS sworn.

I saw the prisoner take the glass from the prosecutor's door, I made way for him to come by; I told the prosecutor, I lost sight of the prisoner that while, we pursued him, I saw the prisoner again, and he had not the glass.

Prisoner. I never saw the glass.

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

NOT GUILTY .

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

Reference Number: t17860222-129

316. JOHN COLE was indicted for committing an unnatural crime with Richard Harris against the statute .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

N. B. He was detained for an attempt to commit the above crime.

Reference Number: t17860222-130

317. BENJAMIN WOODMAN was indicted for attempting to obtain, by means of a false, forged, and fictitious letter, a firkin of butter, value 30 s. the property of William Cheeke .

GUILTY .

To be privately whipped and imprisoned one month .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860222-131

318. DOROTHY HANDLAND was indicted for wilful and corrupt perjury in her evidence on the trial of William Till , at the Old Bailey, in the month of December last.

The Case was opened by Mr. Knowlys.

THOMAS SHELTON , Esq. Clerk of the Arraigns, sworn.

(Produced the Record, which was read.)

RICHARD FINCH sworn.

I had this from Mr. Shelton, Clerk of

the Arraigns; this is a certificate of the acquittal of William Till .

THOMAS RUSSEL sworn.

You attended here upon the trial of Till in December session? - Yes.

Look at the prisoner, did you see her sworn here on that indictment? - Yes, I was standing here; she was sworn, to the best of my knowledge.

Did you see her take the book? - I believe she took the book, to the best of my knowledge.

You saw her? - I think so.

The question to you is, whether you saw the woman take the book, and swear; can you say it, without any doubt? - I did not take any notice.

- JONAS sworn.

I saw the prisoner, I saw her sworn, I heard the oath administered to her, and she was sworn.

(The Short-hand Writer then read his Notes on the Trial of William Till .)

WILLIAM TILL sworn.

Do you remember being charged with robbing the prisoner? - Yes.

What day did she charge you with robbing her? - On Saturday the 5th of November.

I mean, on what day did she say you robbed her, when she gave her evidence in this Court? - I do not know the day of the month.

Do you remember the day when this woman first came, and said in your hearing that she had been robbed? - She came in about nine o'clock in the evening; she said she had been robbed between the hours of two and four.

Are you sure she fixed that time? - Yes, I am.

Do you know where you were that day, between the hours of two and four, will you tell us upon your oath? - I was in at Mrs. Wolf's, when she came in to complain of this robbery; I had been there from seven till nine, I did not go out till eleven, when I went home to bed.

Then from that were you in Robinhood-yard at any time between nine and eleven that evening? - No, I went home to-bed at eleven. I did not go out of Wolf's house from seven till eleven that evening; I live in Robinhood-yard with Mr. Russel, coach-master.

Do you live over the stables belonging to Robert Beach? - No.

Then in fact, any time between seven and eleven, were you in Robinhood-yard with any bundle of woman's clothes? - No, Sir, I never was out of Mr. Wolf's house.

I need not ask you, if the prisoner called to you between that time in the yard? - No, Sir, she never saw me till she came to Mr. Wolf's.

Court. Did the prisoner know you before? - Yes; she was a lodger of my master's.

Then, she knew your person before? - Yes.

Was she a lodger at this time that she charged you with this offence? - Yes.

Previous to this offence, had you had any quarrel with her? - No, Sir.

Never have had a word with her? - Not a word.

Mr. Keys, Prisoner's Counsel. How long have you been employed in that yard? - Upwards of five years.

Has Dorothy Handland lodged in that yard all the time? - No, Sir, she has not been a lodger to my master so long as that; she left my master's apartment about a year ago, and then she came back again.

How long have you been acquainted with her? - Ever since I have been in the yard, and longer.

That is five years and a half? - Yes.

What business is she? - An old clothes woman.

When she goes out about her business, her room is left locked up? - Certainly; there have been several people after her, and

she has told me to take their names, and to deliver messages, and she should be at home at such a time; but I never shewed any goods for her in my life; when I have been in the yard doing my horses, she has come down in the yard, and said she should be at home soon.

You knew her little stock was there? - I cannot tell.

Is this alehouse, the Robinhood, close to the yard? - It joins the yard.

What distance is it between the Robinhood and that stable-door, where she swore she saw you pass? - I suppose, a hundred yards.

When you was in this public house, what time did you go there? - At seven in the evening.

What time did you go there at dinner-time? - Before two.

What time did you leave the house? - About five, my master came home.

What is your master's name? - Beach.

Then you went into the yard? - Yes; I was there about half after six.

You swear, these four hours, from seven till eleven, you was not out of the public house? - I was not.

What part of the house did you fit in? - I went to the chimney, to the box next to the jack-weight, where I always lay down.

How long did you stay there? - Why, I suppose till about eight in that box.

Was you alone in that box? - No, Sir.

Who was with you? - Three or four people; there were two Mr. Goffs, and two Quakers, one of their names is Meredith.

What is the other's name? - Charles Tippy , and one of Mr. Giles's men, his name is Thomas; and there was one Mr. Trott, a watchmaker.

How was you employed at this time from seven till eight? - In drinking two pints of beer; I had one pint of beer alone.

Who did you drink with afterwards? - with Mr. Trott and the other.

How much had you with them? - One pint of beer.

How much had you in all? - I was two pints, and they was a pint a piece.

Had you any liquor besides beer? - No.

And all that time you sat in that box? - At eight o'clock, I went next to the fire, and said there till eleven; Trott and I went away together; two of them that lodge in the house went to-bed at ten, Tipping and Trott were there the whole time.

Mr. Knowlys. Have you any doubt that you was there from seven till a considerable time past ten? - I have no doubt of it.

Have you many more men in the yard? - Yes.

Is there any man like you in the same yard? - There is one about my bulk, he is a gentleman's coachman.

Does he wear his hair round as you do, without powder? - Yes.

Mr. Keys. Pray, does this public house admit disorderly people, all sorts of company? - I never saw any in my life.

Court. Were there any lamps in the yard? - There was not, nor has been these two years.

Is there any lamp near the loft-door? - No, nor any under the gate-way.

Do you recollect, on that evening, whether there was any moon? - I brought the watchman's lanthorn to light my candle; there was no moon, it was very dark, I am positive of it.

Do you think there was light enough that evening at half after eight, to discover the person of any body? - No, Sir.

Do you think you could have discovered any body you had known? - No, Sir.

MARY WOLF sworn.

What house do you keep? - The Robinhood and Black Boy in Leather-lane.

Do you know the prisoner? - I know her living in a yard adjoining my house.

Do you remember the evening she came to you, and complained to you of the robbery? - Yes; it was on Wednesday.

Was William Till in the house at that time? - Yes.

Was he near to Mrs. Handland? - He

was sitting in a box, and she was standing in the tap-room.

Did she say anything to him? - Nothing at all; she said she had been robbed.

Do you know, whether at that time she saw Till? - I imagine she saw him, she could not be off seeing him, the tap-room is not very large.

Did she at that time say thing of Till having robbed her? - Not at all.

Court. You say it was between eight and nine? - Yes.

Can you tell with any certain accuracy whether it was eight or nine? - It was nearer nine than eight.

When did she next come to your house? - I believe it was the next day she came, and had something to drink at the bar.

When she was there the second time, was Till there? - I do not recollect he was.

On the Wednesday, do you know where Till was, any time between eight and nine, or how long he was in your house that evening? - He came near two o'clock to dine off roast pork, with his fellow-servant, and he went to sleep after dinner, in a box that we have under the jack-weight, and then his master came home with the coach, which was pretty near five, and he went to do his business, and he came into the house again between six and seven, and he staid there till eleven.

Are you sure of that fact? - I am sure of that fact; I believe I swore it before in Court on Till's trial.

Who were there besides? - There were several people in the house; there was one Mr. Trott and one Mr. Meredith, and Mr. Tipping; my niece was there, she lives in the house with me.

I believe when you was here before, you said Till was a very good lad? - Yes.

Mr. Keys. This Robinhood-yard is a public common yard, any body may go in? - Yes.

And sometimes men and women go down there, that have no business there? - Very possibly, it is not locked up.

MARY GIBSON sworn.

Do you know the prisoner? - I do.

Do you remember the first time she came to your house, and complained of being robbed? - I do; that was Wednesday evening, I think it was the 2d of November.

What time in the evening was it? - About nine.

At that time where was William Till ? - Sitting in the tap-room.

Do you think Mrs. Handland must have seen him when she came in? - I think she did, she looked at him.

Did she at that time say who had robbed her? - No, she did not; she said she had been robbed; I saw him in the house about eight, I went to-bed pretty near eleven, I left him in the house then.

Do you know whether he was out of your house during that time at all? - I do not recollect he was.

Did you see Mrs. Handland at all at your house afterwards? - On the Thursday or Friday morning she came in.

Did she complain of being robbed? - Yes; Till was in the box facing her, and Mrs. Wolf was present.

Did she mark Till out then as the man that robbed her? - She did not.

Were there any others present with Till at this time? - No, Sir, nobody in the house, as I know of.

Who was in the house the first evening with Till? - There was Tate, Meredith, and Trott.

Mr. Keys. What time did you first come into this house? - About eight.

How long did you stay in the tap-room? - All the evening, till I went to-bed, that was almost eleven.

Was you in the tap-room all that time? - Sometimes in the tap-room, and sometimes in the parlour.

Then he might go out into the yard? - I do not know that he did; he was asleep part of the time.

Mr. Knowlys. If he had been out for any considerable time, should you have missed him? - I should.

Court. When you was in the parlour, could you see what passed in the tap-room? - Yes, without I was by the fire-side; I do not think I was in the parlour two minutes the whole time; I had customers to mind in the bar, and sometimes in the taproom; I am niece to Mrs. Wolf, and so I assist her.

Mr. Keys. Mrs. Wolf, how was you employed from the time that Till came in, till the time he went away at eleven? - Sometimes in the bar, and sometimes in the tap-room.

Was you in the parlour any part of that time? - No, I do not recollect I was; the tap-room was full of people, and nobody was in the bar.

Sometimes you was employed about the scores? - I had my eye all the time upon Till, I am very sure he did not go out all that time.

Then you had your eye on him all the time? - Yes, he was sitting in a box adjoining the fire side.

Court. Can you with certainty during the whole of that evening, and the business, and attention you paid to your business, say that this man did not go out? - I am sure he was not out from the time he came in, 'till he went out to go to bed.

JOSEPH RICHARDSON sworn.

Do you know the prisoner? - Yes, between one and two he came into the taproom, and he staid 'till about half after four or five, and he never was out of the house, he fell asleep part of the time; I was at his trial, and gave the same evidence, I was not in company with him in the evening.

Did you hear what Mrs. Handland said of her being robbed? - Yes, she told me of her being robbed, this was the night before she took him up, that was on the Friday night, I asked her who robbed her, she said William Till , I said I do not