Old Bailey Proceedings, 26th April 1786.
Reference Number: 17860426
Reference Number: f17860426-1

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 26th of APRIL, 1786, and the following Days;

Being the FOURTH 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 IV. 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; Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer; 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.

Richard Harris

Richard Ellis

Moses Willett

Joseph Lacey

Giles Russell

Samuel Tomkins

William Clarke

Henry Williams

Thomas Weston

Francis Carey

John Miles

James Robertson

First Middlesex Jury.

Thomas Stokes

Thomas Bush

* William Rogers

* John Jobbins served after the sixth day, in the room of William Rogers .

John Shrimpton

William Humphries

Samuel Kingston

Matthew Stenson

Charles Barber

Edward Walker

John Gibbons

William Smith

James Cowmeddow

Second Middlesex Jury.

Christopher Kempster

Joseph Munday

Luke Cade

Joseph Newsham

John Beach

Robert Marriott

Thomas Wallis

Richard Morris

Portius Smith

Charles Slater

George Harrison

Thomas Simpkin .

Reference Number: t17860426-1

319. JAMES HATTER was indicted for feloniously stealing, on the 15th day of March last, forty pounds weight of lead, belonging to James Armstrong , then and there fixed to a certain house belonging to the said James Armstrong , against the statute .

ROBERT JENKS sworn.

Two young men who lodge at my house, hearing a great noise at the top of the next house to mine, they alarmed me about six in the morning; I came down directly, and saw the prisoner come out of the house with the lead in his hand in a bag; he was stopped by a young man who sleeps at my house.

Do you know where it came from? - It was taken from the gutter between the two houses; he went up, and would have put it in its place again.

THOMAS COBB sworn.

I heard a great noise at the next house; I got up immediately and came down, and met the prisoner with the lead, and called the watchman, who took him.

- BROOKS sworn.

I fitted the lead, and it matched exactly.

PRISONER's DEFENCE.

I was going by this house about six in the morning; it is an empty house, the door is always open, and children are often playing in it; I have been in it often; I know nothing of the lead: they gave me in charge of the patrol, who knew me very well.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17860426-2

320. JOHN GREEN was indicted for feloniously stealing, on the 28th day of February last, twenty-four razor-strops, value 4 s. the property of Charles Walker and William Baker .

CHARLES WALKER sworn.

Did you lose any razor-strops? - The prisoner came into my warehouse between six and seven in the evening, with some goods that had been ordered; after being paid for them, my servant missed a parcel, containing twenty-four razor-strops, which was made up, and marked ready for a customer; my servant went after him, and brought him back with the two dozen of strops.

JAMES CROSSLEY sworn.

On Tuesday, the 28th, the prisoner brought some buckle chapes; as soon as I had paid him, I missed the strops off the counter; I pursued him, and as soon as I overtook him, he dropped them; I immediately took him, and brought him back to the warehouse; he said he was very sorry for what he had done.

(The razor-strops produced, and deposed to.)

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17860426-3

321. THOMAS HOBBS and HENRY GILES were indicted for burglariously and feloniously breaking and entering the dwelling-house of William Shutt , about the hour of seven in the night, on the 26th day of February last, and burglariously stealing therein, one deal box, value 12 d. one livery cloth coat, value 5 s. one fustian coat, value 3 s. one fustian waistcoat, value 12 d. one striped flannel waistcoat, value 12 d. a white dimity waistcoat, value 5 s. one pair of velveret breeches, value 2 s. two pair of leather breeches, value 2 s. one pair of leather shoes, value 5 s. six shirts, value 30 s. six muslin neckcloths, value 6 s. one linen neck-handkerchief, value 3 s. five yards of nankeen cloth, value 5 s. one pair of silver boot-garter buckles, value 3 s. six gowns, value 30 s. and one crown piece, value 5 s. the property of Robert Durant ; and one cloth coat, value 3 s. the property of George Hemmings .

ROBERT DURANT sworn.

I am groom to Sir John Dyer in St. James's-street; I lodge at Mr. William Shutt 's; I left my room about three in the afternoon, and the things were all safe; this was on Sunday the 26th of February: I left Benjamin Ross in the room when I went out; I came home about a quarter before eleven; I missed the things mentioned in the indictment. (Repeats them.) I know nothing of the persons that committed the robbery.

GEORGE HEMMINGS sworn.

I lodge in the same room with the prosecutor; I saw these things upon the bed between six and seven, when I went to clean myself, nobody was in the room, I found the door locked, and the key left in the door.

What things did you see on the bed? - I saw his frock and things lay upon the bed, and the box was there by the side of the bed, in the place where it used to stand; I left the room about half past six, and locked the door; I went to bed about half past ten, and I found Thomas Row in the room when I came in; he slept in the room; he was undressing himself; there were four persons lodged in this room; when I went in, I saw the things were gone from the bed, and I asked Row what he had done with the things? He said he had done nothing with them.

What is Thomas Row? - He is a postilion.

Who did he live with? - Mr. Blackwhite.

Have you known him long? - No.

Do you know what character he bears? - No.

THOMAS JOHNSON sworn.

I went with the prosecutor to the house of the prisoner Hobbs in Theobald-road, he is a Sawyer by trade, and keeps a house there; I found some things, which the prosecutor claimed; Jealous produces the things; the prisoner Hobbs was there when we found the things.

What did he say? - He said they were brought to him by Henry Giles ; then I went and found the prisoner Giles at his lodgings in Vine-street, Saffron-hill; I found a pair of shoes on him, which the prosecutor owned, and the next day I found some books at the prisoner Giles's mother's, which the prosecutor said were his.

Was Giles present when the things were found at his mother's? - No, he was in custody.

Did Giles say any thing in your hearing? - No, he said he would tell the truth.

Mr. Knowlys, Counsel for the Prisoner Hobbs. Hobbs always persevered in the same story that the things were brought there by Giles? - I never heard him say so but once.

Is not Hobbs's house let out in lodgings? - I have heard so.

Was Giles acquainted with any of his lodgers? - I cannot say, he might.

CHARLES JEALOUS sworn.

I went to Hobbs's with the last witness; I went in on the 28th, and Hobbs sat in a little room behind the shop, close to the fire; it is a sort of a green-grocer's and a little chandler's shop; I told him we were come to search the place for some livery clothes that were stolen; the prosecutor was with me.

What answer did Hobbs make? - I cannot say particularly; the drawers were behind where he sat, and in those drawers I found the things which I now produce; the bed was in the same room.

Did he make any objection to be searched? - No, I did not ask him for any objection; he said he had the things from the prisoner Giles.

When you told him you was come to search for some livery clothes, what did he say? - I do not remember that he made any reply.

Before you found the things, did Hobbs say any thing about them? - No, nothing, because it was after the things were found, that he said he had them from Giles.

Are you clear in that? - I am quite clear. I went into the shop after the things were found, and I found this pocket-book which the prosecutor said was his; it is not mentioned in the indictment: I found one livery coat, one fustian coat, one fustian waistcoat, one striped flannel waistcoat, one pair of velveret breeches; these are all the things that I found; here is a coat that belongs to the witness Hemmings, that I found

also at Hobbs's; I did not take up the other prisoner, I know nothing of either of them before.

Mr. Knowlys. There were several lodgers in Hobbs's house? - Yes.

Hobbs always persevered in the story that he received the things from Giles? - Yes.

Court. Do you happen to know whether that room where the things was found, was occupied by Hobbs himself, or was let in lodgings to any body else? - My lord, there was a bed in it, and this man and his wife sat there together, and a child was there, but I do not know whose child it was.

Court to Johnson. When you went first into the house of Hobbs, and told him what you came to search for, do you recollect whether he made any answer? - I do not recollect his making any reply; he looked rather astonished and surprised; he did not say whose the things were, till they were found.

THOMAS SHACKELWELL sworn.

I am a breeches-maker in Gray's-Inn-lane; a person brought a pair of breeches to me to alter, that was the prisoner Hobbs; he brought them on the 28th of February, between five and six in the afternoon; these are the breeches; he agreed to the price of the alteration.

Did you know him before? - Yes, ever since he went to school.

Court to Jealous What times was it you searched Hobbs's house? - I look upon it, it was about seven that evening.

Did he say how he came by them? - I understood he bought them, he did not say of whom.

THOMAS ROW sworn.

I am now a foot-boy, I was a postillion when these things were stolen, I live now in Lincoln's-inn-fields, with Mr. Broderick, I lodged with these people at Hobbs's house in February last, I remember the afternoon of the 26th of February, I went out in the morning about ten, I returned about a quarter after ten, my room door was wide open.

Did you find any body in the room? - Nobody, I went to bed first.

Had you a light in the room? - Yes.

Who did you sleep with? - With Benjamin Ross ; Durant and Hammings slept in the other bed, I saw the things were gone off of the other bed, and I thought he was gone out of town, but I did not know, I had not been there since the morning; I saw the bed was naked, I did not know what was gone with the things, they usually lay on the bed, I did not know but he might have taken them; Hemmings came up first after me, and he accused me of hiding the things, and playing the rogue with them; I had been at home about a quarter of an hour, I saw nobody but the man that let me in at the gates, his name is John Richardson , he is here.

Where is this apartment that you four lodge in? - Over the stables.

Is it a separate apartment? - Yes.

In a stable yard? - Yes.

Whose stable yard? - Mr. Shutt's.

Is it an inn yard? - It is a livery-stable.

How do you go up to this apartment? - Up the stairs.

Does that stair-case lead to any other apartment? - Yes, and the one opposite where the head hostler lodged, his name is Edward Froward , he is not here.

Who is Richardson? - He is one of Mr. Shutt's men.

JOHN RICHARDSON sworn.

I live in Mr. Shutt's yard, it is called George-yard, I know the apartment where the prosecutor and the other witnesses lodged.

Do you remember Thomas Row coming home on the Sunday afternoon, the 26th of February? - No.

He says you opened the gate to him? - I do not know his name, I opened the gate between ten and eleven, and let the lad in, this is the lad I let in.

Who lived in the opposite chamber? - Our hostler.

Have you any business up that stair-case of a Sunday afternoon? - No, I have not, I was not that way that evening, I know

nothing about the door, whether it was shut, or whether it was open.

Was your hostler at home that afternoon? - Yes, till seven, then he went out, and came home about half after ten.

Did he come in before Row or after him? - After him.

Mr. Knowles. Do you know where the key of this room is kept usually? - I really know nothing about the key.

Court. Were the gates of the yard shut on Sunday? - They are sooner shut on Sunday afternoon than any other day, I believe they were shut between five and six.

Were the gates locked? - To the best of my knowledge they were, I saw the hostler hasp the gates, and I believe he locked them, but I do not know; I found the key in the same place I have found them this two years, in the stable; the gates were opened afterwards for a gentleman's servant, which was between eight and nine.

(The things deposed to by Durant.)

Durant. I know the leather breeches, I bought them of my fellow servant; they were my master's, they are stained in hunting, I have had them these eighteen months, I can positively say these are the same; I know this waistcoat, I believe this to be mine, it being with the rest of the things, it was new last July; the livery coat I know by the buttons being remarkable, it is like this I have on, I can swear positively it is my coat; I never found my shirts, a ten pounds note (which I lost) and the money, but here is the pocket book, and here is a man's name that I can swear to in it.

Court. How came that book not to be put into the indictment? - It was a mistake.

Mr. Knowles. It is not in the indictment.

Court. Look at the book? - The paper were all taken away, I know the book, I am quite sure of it.

How long have you had it? - I think these seven or eight years.

Court. Where was the pocket book found? - In Hobbs's shop. (The book handed up to the Court.) There was a pencil in the book I lo st, and there is a pencil in that book, there were no knives or scissars.

Do you know the pencil? - No otherwise than being with the book.

What sort of pencil was that that was in your pocket book? - A slate-pencil in a tin case.

Court to Hemming. Is that your coat? - Yes, I have had it ten or eleven months, there is a hole in the sleeve of it, it was laying on the bed.

Jealous. This coat was one of the things found in Hobbs's drawers; I heard Giles confess the robbery before Hobbs, but I never do tell without I am asked.

Were you present when Giles was examined? - Yes.

Was there any threats or promises made use of to induce him to confess the truth? - None at all, Hobbs stood close to him at the same time.

Was the examination taken in writing? - Yes, I believe my name is to it.

Look at that, is that the examination that was taken in your presence? - Yes.

Did you see it signed by the Magistrate, and the prisoner? - Yes.

Was the prisoner examined upon oath? - No.

(Read.)

"Signed, Henry Giles , (taken before me, the day and year before written, W. Addington; witness, Charles Jealous ) who says, he has been a gentleman's servant, and is at present out of place, and lodges at Mr. Wolley's, a shovel-maker, in Vine-street, Hatton-wall; and that Thomas Hobbs has frequently called upon him, and inticed him to get the things to make money of; and that among other robberies on Sunday the 26th of February, he went went up a stair-case into a room in George-yard, and stole a pair of leather breeches, and the quantity of wearing apparel now produced."

Hobbs was present at this examination of Giles? - Yes.

What did he say to this charge? - He

said he did not steal them, but that Giles stole them.

Prisoner Hobbs. I wish to leave my case to my counsel.

PRISONER GILES's DEFENCE.

Please your Lordship, he used to come to my master's house where I worked, and used to want me to go out every night.

The Prisoner Hobbs called two witnesses to his character.

THOMAS HOBBS HENRY GILES ,

GUILTY, Of stealing only .

Court. As I mean to make a distinction between the punishment of these prisoners, I will pass sentence against them, that the distinction may appear to the audience: the situation in which you both stand is that of having committed a felony, under circumstances, which if clearly proved would have affected your lives, and in such a situation it would be improper for either of you to go at large; therefore it appears to the Court to be right that both of you should be sent out of this country: but as on appear to stand in a different situation with respect to the degree of your guilt; as you, Thomas Hobbs appear to have been the principal actor in this business, and to have seduced the other young man, and made him your instrument: the sentence of the Court, therefore, is, that you, Henry Giles, be transported beyond the seas, for the term of seven years, to such place as his Majesty by the advice of his Privy Council shall think fit to direct and appoint; and that you, Thomas Hobbs, be transported for the like term of seven years to Africa .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-4

322. MARY PARKER was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Hickman , about the hour of eleven in the night, on the 19th day of April last, and burglariously stealing therein, two muslin gowns and coats, value 40 s. a cotton gown, value 10 s. three cotton frocks, value 4 s. a callico bed-gown, value 2 s. four pair of cotton pockets, value 4 s. eleven shirts, value 3 l. one shift, value 2 s. and one diaper clout, value 6 d. his property .

MARY HICKMAN sworn.

I am wife of John Hickman , I live in Duke-street, Bloomsbury . I take in washing; I was washing on Wednesday last, till ten at night, I carried up the things and hung them on the line in the garret; I was not gone to bed, when the prisoner was taken, there was an alarm of thieves, I ran up in my hurry, and another witness who is here, and his lodger, he run up also; then when was going up two pair of stairs I met Mr. Headland and the prisoner on the stairs, I knew her again, she had no property about her, I went up stairs to see how my things were, all my shirts and frocks were laying about, and some in a heap in a corner, I came down again and I fetched a constable.

- HEADLAND sworn.

I lodge in his house, had been out, and this little boy had been in to my wife to light a candle, came in about half past ten, the little o run down to me, and said, there was somebody in the garret, I went up stairs, and I stood and called twice at the bottom of the garret stairs before I went up, there was no answer; I went up stairs, and saw the linen lay on the stairs, I went into the garret, and saw some things lay about the room, and some things in a heap at one corner, I turned about and saw the prisoner in the room, in one corner to the right hand, she did not lodge in the house; I knew her, she had lived with Mr. Hickman before, I asked her what she was at, and she gave me no answer; I said to her, Molly, what do you mean to come here to rob your mistress again, and I said, come, bundle out of the room; she set off to come out of the room, and she stooped to put her shoes on which were off, I stood by the door and caught hold of her gown tail, and she asked me in the passage to let her go out, I told her no.

Court to Hickman. Had you hung up your things? - I hung up every one of them.

Where did you put the two muslin gowns, and the cotton gowns, and the three frocks, and the bed-gown, the three pair of cotton stockings, the shirts, the shift, and the clout? - They were all hanging on the lines in the same garret; they were the clothes of different people that I wash for.

PRISONER's DEFENCE.

I was not in the garret; I went to speak to the gentlewoman that lodged in the two pair of stairs, to ask a person to give me a character; she was not at home.

Court to Prosecutrix. Had you fastened your garret-door? - Yes; I had the key in my parlour.

What, did you lock the door? - Oh yes! I locked it myself, and hung the key in my parlour; when I came up, the door was standing wide open; it was wrenched open.

What marks were there upon the door of its having been wrenched open? - I do not know.

Perhaps it was slipped back, and an old lock? - No, no, no, no! I am too well used to it for that, it is not a bad lock.

There were no marks of violence on the door? - I cannot tell.

What does the bolt of the lock shut into? - Into a great iron staple.

In what condition was that staple? - It was in the same place.

How had the lock been got out of that staple? - By two great nails.

Jury. Have you the key of the lock with you? - No.

Court. Did you observe whether the bolt of the lock, when you came up stairs, was shut or pushed back? - It was pushed quite level to the door.

SAMUEL ABBOTT sworn.

The prosecutrix came and called me up to take charge of the prisoner; I went, and took her in custody; the prosecutrix took me up to the garret; when I came up the garret stairs, there lay some shirts and some linen, then she took me into the garret door; the prosecutrix gave me these two nails.

Prosecutrix. I saw the prisoner come down stairs with these nails in her hand, and when she put on her shoes, she dropped them beside her shoes in the passage.

Did you see her drop them? - No, I saw them in her hand.

Who saw her drop them? - My servant, her name is Nanny; she is not here.

Court. How do you know that she did this with these two nails? - She could not get it open with any thing else.

Yes she might, with a false key? - Oh, no, no.

Prisoner. I never saw the nails till they were fetched out of the parlour from Mr. Hickman to give to the constable.

Have you any friends or witnesses? - I have none in London.

GUILTY, Of stealing, but not of the burglary .

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

[Transportation. See summary.]

Reference Number: t17860426-5

323. EDWARD GRIFFITHS was indicted for feloniously assaulting James Ogden , Esq. on the King's highway, on the 26th 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, one watch with an inside case made of base metal, and an outside case made of tortoiseshell, value 40 s. and a cornelian seal, set in silver, value 1 s. his property .

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

JAMES OGDEN sworn.

About a quarter past one, on the 22d of January last, I think, to the best of my recollection, I was attacked by the prisoner in Charlotte Buildings, by Gray's-Inn-lane , and two men; the prisoner and another met me, one was behind; they rushed upon me immediately, I did not perceive from what quarter they came; the prisoner seized me by the collar, and held me up under the arms, and the other took hold of my collar on the left hand, and one on the right, and the prisoner was the man who demanded my watch and my money; Griffiths made three pulls at my watch before

he got it out; when he had got it out, I said, it is an old companion of mine, and I should be very sorry to lose it, and I attempted to get it from him again; he d - nd my eyes, and said, none of your jokes, and hit me three clouts on the head; he demanded what money I had; I told him I had none, in consequence of that he rubbed his hands up my thighs; I had a pair of leather breeches on, and the pockets were behind, or else I had eighteen guineas and a half in my pocket; and he said to his other two companions, d - n his eyes, he has no money, come along; and they on each side cleared my pockets of the papers I had, which were of no service to them; they then went up a narrow passage, I thought I would watch them; and one of them turned back, and said, d - n my eyes, if I attempted to come back, he would stab me; he had a cut-and-thrust sword, which he held to me all the time; I said, I do not mind you much now I have got nine or ten yards from you, and I think I can run as fast as you; I ran to the door opposite, and they all ran off: I then ran immediately into Gray's-Inn-lane, and called, watch! The watchman came immediately; I told him I had been robbed, and gave him a description of the men; he went with me to look for them, and two days after Griffiths was taken; I went to a public house in Middle-row, there were nine or ten people there; the watchman desired me to look round, and see if there was ever a person that I knew there, and I immediately picked out the prisoner.

What sort of a night was it? - It was a fine evening, it was directly under a lamp, and I saw his face distinctly, so much so, that I knew him the moment I saw him by day-light.

How long might he be with you? - About three minutes; he was in front of me; I observed his face distinctly at the time.

Have you any doubt whether he is the man that robbed you, or not? - I have not a doubt; and when I first saw him, I did not wish to swear to him, if I could have got him to have given up my things, as it would be attended with so much inconvenience to me; I am come all the way from Carlisle now.

Mr. Knowlys, Prisoner's Counsel. Where was this place where it happened? - In Charlotte Buildings.

Was that in your way home? - No.

Were you perfectly sober at that time in the morning? - As perfectly as I am now.

Have you always persevered in giving the same account of the knowledge of that man's person, that you have now given, on your oath? - I think I have.

I should think, if you had been previously sworn as to that man, and did take your oath in the same manner in which you have now done, that you must be sure of it? - I have always persevered in the same story that I have now related, to the best of my knowledge.

How often was this man examined before the Justice? - Only once.

Are you as sure that he was only examined once before the Justice, as you are sure of what you have now sworn? - I am certain.

Are you equally sure of one as the other? - I am perfectly sure that he was up there twice.

Will you tell me, Sir, what was the reason, if you swore as positively at the first examination as now, that he was not committed the first time? - He was committed the first time I swore to him, fully committed.

What day of the month was it that you was first before the Justice? - That I cannot tell, I never paid any attention to it.

Did you never point out another man to the watchman, and say that he was one of those that robbed you, which the watchman denied? - Never in my life.

Was there no trying on of two hats before the Justice; - Yes; but I fixed on the man before, and said the hat he had on was not the hat he had on when he robbed me, and they went to his lodgings, and fetched the other.

What was the reason, if you was so positive of him the first time you saw him, that

you should desire to see him with another hat? - I did not desire it.

Was there no such thing as trying on different coats, that you might know him? - There was no such thing passed.

What kind of watch did you lose? - A tortoiseshell case watch, a metal watch.

Did not you swear at first, when you was robbed, that you was robbed of a gold watch, and not of a metal watch? - No, I never did.

Were you but one time before the Justice, or more? - I cannot charge my memory with it.

Were you called twice to make oath of this circumstance before the Justice, or only once? - I was called twice, but did not swear positively to him the first time.

How came it that you did not swear positively to him the first time? - The reason is, I wanted to get my watch and my papers; if he would have given me the papers, I would have given him the watch.

Did you, the first time you was examined with respect to this man, know whether he was the man, or not? - Yes, I did; I never was asked positively whether I knew him or not, to the best of my knowledge.

Will you take upon yourself to swear, that upon the first examination you was not asked positively whether that was the man, or no? - Yes, I was asked whether he was the man, and I told the magistrate he was the man; and I told the Magistrate why I did not wish to swear positively to him.

Was not your reason for not swearing to him the first time before the Justice, that you did not chuse to do it till you had seen the watchman? - No, I did not wish to swear to him; I said before the Magistrate, I wish to see the watchman, to see if I could get my watch and papers again.

Did you, or did you not, before you saw the watchman, swear positively to him? - I did not.

Did you or not, at the second examination, go any further than to say that you believed he was the man? - I swore positively that he was the man.

Did you swear that? - Yes.

Was this man searched in your presence? - I do not know.

Did you go to his lodgings? - No, Sir, I did not; I never saw him before that night.

Court. The reason why you was not desirous of swearing to this man, was the great inconvenience? - Yes; if I could have got my papers, I would not have prosecuted him at all.

DANIEL SELLON SNUGGS sworn.

I am a watchman; on the 22d of January, at a quarter past one in the morning, to the best of my knowledge, I was going my rounds, and going up a court, called Charlotte Buildings, I saw three men standing together against a wall; I said nothing to them, nor they to me, and I went through the court into Bell-court, Gray's-Inn-lane, and I heard somebody cry watch! watch!

How long was it after you saw these men? - In as little time as I have been in court now, it was not two minutes; then I said, who calls watch, and I saw the prosecutor; he said he had just been robbed by three men of his watch and pocket-book; he described the men; I told him I had just passed them, I told him I knew one of them by name; I had seen the others before; the next day I went to the prosecutor, and we went up to Sir Sampson Wright's to give information, and in two days after the prisoner was taken; he was one of the three men that I saw; the prosecutor appeared at the Justice's, and made affidavit that that was the man.

Was you at the first examination before the Justice? - Yes, I was.

Did the prosecutor swear to the man then? - Yes.

Prisoner. The witness was not there the first time.

Court. You saw the three men that were standing there? - Yes.

Was the prisoner one of them, or not? - Yes, I am very clear he was; I knew him by sight before.

Was he the man whose name you knew? - Yes; I knew his name, I have seen him

in my beat a hundred and five hundred times; I have frequently called the prisoner up, when he lodged in Bell-court.

How came you not to question these three men when you saw them there at that unseasonable hour in the morning? - I did not say any thing to them.

Why not? - Because on a Saturday night people sit up very late.

Do not you know it is a part of your duty, when you see two or three men in company, lurking together, to disperse them, and send them home? - Yes, we often do it; but it was Saturday night; there is a public house, called the Footman in Waiting, that is open very late, I thought they might come from there.

How long have you been a watchman? - Between two and three years.

I hope, if you continue, that you will learn to know that it is your duty to question all suspicious people, and if they give suspicious answers, to apprehend them. - I have been knocked down twenty times in my time.

You must take care to have proper assistance; but it is your business to discharge your duty; if you are afraid, others must be got, who are not.

Mr. Knowlys. When this happened, you told this gentleman that you knew the name of one of these three? - Yes.

Did it happen that this gentleman thought while he was with you that evening, that he saw one of the men that robbed him? - He said he should know them if he saw them again.

Did not he say to you, pointing to some men that were going by, there goes one of the men? - I do not remember that, indeed.

Were you at the apprehending of this man? - Not at the taking of him.

Did the gentleman tell you what his watch was? - He said it was a valuable watch, and his pocket-book was a great loss to him.

Did he say it was a gold watch? - I cannot say.

Did he or did he not say it was a gold watch? - I do not remember that he did; I believe he said it was a valuable watch, or something to that purpose; I was not by when the prisoner was searched.

Have you ever been turned away from any parish where you have been a watchman? - I never was a watchman any where but where I am now.

Do you know the name of the landlord of the public house in this court? - I do not know.

Is he here? - I saw him in the yard.

Who apprehended the p risoner? - One of the name of Meecham.

Did not you say before the Justice, that that person, who was one of the three, spoke to you? - The prisoner did speak to me that night; I saw him about an hour before; he said, how do you do, watchman? or something of that sort.

Were you there when the hats were fitted upon him? - No.

GEORGE MEECHAM sworn.

I apprehended the prisoner at No. 6, Tennis-court, Holborn, at his lodgings; I searched his lodgings in the three-pair-of-stairs room, and I found nothing. The prisoner made his escape once out of the back window; I took him in the entry, without a coat.

What hour? - Between twelve and one in the day, on Wednesday; he appeared to have been in bed, or shifting himself, his clothes were off; he had his breeches and stockings and shoes on.

Mr. Knowlys. You do not know that he escaped, only what was told you? - No.

Then why did you state it; did not he tell you he was the man you was looking for? - No, Sir, to my knowledge he did not.

Do you swear he did not? - I do swear so.

When he was taken to the alehouse, how many hats-were tried upon him? - I believe there might be two hats; the gentleman

said he should know him with or without the hats; the two coats were found.

Court. Here is only one examination returned, and that says that the prosecutor firmly and positively believes the man named Griffiths was the man that robbed him.

PRISONER's DEFENCE.

On the 31st of January last, I was at the public house at the bottom of this court, with some other company; I met the watchman, and wished him a good night; the next morning I went to the public house, and I was told the officers were in pursuit of me, and I told the landlord where I lived.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-6

324. GEORGE WOODWARD was indicted for feloniously stealing, on the 11th day of April last, two black geldings, value 10 l. and one brown gelding, value 5 l. and one mare of a chesnut colour, value 5 l. the property of George Henry Cavendish , Esq. commonly called the Right Honourable Lord George Henry Cavendish.

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

(The Witnesses examined apart, by desire of Mr. Knowlys, Prisoner's Counsel.)

THOMAS CHRISTMAS sworn.

I am groom to Lord George Henry Cavendish; his seat is at Lattermas, near Chesham, Bucks . On the night between the 10th and 11th of April, he lost a brown gelding, a chesnut mare, and two black galloways; the pales were broke down, and the horses appeared to have been taken out through that place.

When did you miss them? - On the Tuesday morning, between six and seven.

Did you search in the park? - Yes; there was a spur found in the morning, and a shoe in the afternoon, a bar shoe; the shoe was found in a little field on the other side of the park, it might be thirty or forty yards from the park paies; the spur was found in the park; the hedge of the field was broke next the highway: in consequence of this I came to town; I have seen the horses since, three of the horses were brought to me by Macmanus; one was brought on the Wednesday, and two on the Thursday; they were my Lord's horses, I knew them again.

Are you perfectly sure that they were Lord George's property? - Yes.

Have you got the spur and the shoe? - I shall produce them.

(The Shoe and Spur produced.)

Which hoof did the shoe belong to? - The off foot.

What distance is Lord George's park from London? - About twenty-five miles from Tyburn.

Mr. Knowlys, Prisoner's Counsel. How large is my Lord's park? - Between two and three miles round, I believe.

You are his groom, not his game-keeper? - I am his groom.

You are to mind the stables? - Yes; I do not take care of the horses that are in the park.

Court. What field was the shoe found in? - It belonged to Mr. Curtis; it joins to the park and to the road that goes to Chesham; the paling was broke, and the hedge of the field.

WILLIAM BROWN sworn.

My father keeps the sign of the goat at Cheyney, about a mile from lord George's park.

Look at the prisoner, did you ever see him before? - Yes.

When? - The 10th of April.

Where? - At the goat at Cheney.

Was he on horseback, or on foot? - He hung his horse to the pales before the door.

What kind of a horse had he? - It was a chesnut horse, with three white legs, to the best of my remembrance, it was dusk when he came.

Are you sure that is the man that was at the house? - Yes.

How long did he stay there? - About an hour, or an hour and half, or it might be two hours, I cannot say, because I did not take notice, he said but little, there was a person asked him if he intended to sleep there that night, and he said no, he should be fifty miles off, if he had good luck.

Mr. Knowlys. Did you know Esquire Woodward, at Goldhill? - Yes.

How far is Mr. Woodward's house from Cheyney? - About five miles.

Do not you know that gentleman is the father of that young man at the bar? - I do not know.

Is not it the common understanding of the country? - I heard it was so.

Have you any reason to doubt it? - No.

Court. What time of the evening was it that the prisoner was at the goat? - It was nine o'clock that he came, he staid till between ten and eleven.

Where was his horse, during that time? - In the stable.

Did you attend the stable? - Yes, I had the horse in myself; the prisoner had two pints of beer, two-penny-worth of bread and cheese, and two glasses of gin.

THOMAS BECKLEY sworn.

I am a farrier; I live at Two Waters, that is about four or five miles from Lord George Cavendish 's.

Court. Look at the prisoner at the bar and tell us if you have seen him? - (Goes to him) I cannot say positively, that I ever saw him before.

Do you remember seeing a chesnut horse on the eighth of April? - Yes, at the Bell Inn at Two Waters, I was sent for to shoe the horse.

Do you remember any of his marks? - He was a bay horse with white legs.

How many white legs? - Three or four they were bar shoes, I marked the shoes with a B, this is one of the shoes, this is the off foot, I saw the horse since at near Bow Street.

Who was with you? - Christmas.

Is the horse that Christmas shewed you, the same horse that you shod at Two Waters? - The very same.

What time did you shoe him? - I fetched him to the shop at five in the morning, and returned him before seven.

What shoes had that horse on that you saw at Covent Garden? - He had the fellow shoe of this, on the near foot, but he had been shod afterwards on the off fore foot by somebody else.

JOHN MANLEY sworn.

I am a turnpike man at Hayes, on the Tuesday morning the 11th of April, I saw a man go through the turnpike with four horses, and the one he rode on making five.

Did you observe the horse he was on? - Not in particular.

Did you observe the man to know him again? - I do not know I should know him.

Look at him? - I am not positive that is the man.

What do you think? - I am not positive that is the man.

Did you give him a ticket? - Yes.

Court. How far is your turnpike from Lord George Cavendish 's? - Four miles on this side, the letter R was the ticket for that day.

Mr. Knowlys. Do you know one Williams a horse dealer? - No, I cannot say I do.

ROBERT WOOLFORD .

How old are you? - Going on fourteen.

Do you know the nature of an oath? - No Sir, I cannot say I do.

Do you know that it is a very wrong thing to tell a lie? - Yes.

Would you think it a right thing, or a wrong one to tell a lie upon oath? - A wrong one.

What do you think would happen to you when you die, if you were to swear that which was false? - I do not know.

Have you never heard what would become of you? - No.

Have you never heard where wicked people go to when they die? - To hell.

Then if it is wicked to tell a lie, and swear false, where would a man go to that did swear false? - He would go to hell.

Court. I think the boy has given a founds proof of discretion, as those that come here

with a story in three words to tell you what will become of them; but he is very near the age, when the law presumes discretion.

ROBERT WOOLFORD sworn.

I live at Mr. Lewis's, the King's Arms, Little Chelsea; on Tuesday morning the 11th of this month, I remember a person came to our house between six and seven, I was in bed, I came down and opened the gate.

Who did you find there? - There was a young man with five horses, he rode one of them, and led the other four.

What fort of a horse did he ride? - It was a chesnut horse, a very tall horse; he took the horses into the stables, he came into the kitchen where my mistress was lighting the fire, from thence he went to the tap room and pulled off his boots; and told me to clean them; he had one spur on, and he pulled that off, and hung it up in the kitchen; he ordered me to buy him a pair of stockings, and he put them on, and put his slippers on, and went to the barber's, and staid there till breakfast time; the horses were in the stable.

How long did they all continue there? - They were there for three days; over night a person brought two more, and took away one of his, that was a little black horse; the prisoner laid there one night.

Do you remember any thing particular of the chesnut horse? - I took him to the farrier's to have one bar shoe put on his fore foot, I cannot say which foot, I believe I took him on the Tuesday afternoon, he wanted a shoe when he came in, I had no conversation with the man.

Should you know the man again? - Yes, I believe I should, the justice's men took him into custody, and one of them took the spur away, it was hanging in the same place in the window.

Was the spur they took the same he took off and hung up? - Yes.

Is that the person that came with the horses? - Yes.

Are you quite sure about it? - Yes.

Did you take the other horses to be shod? - Yes, the black one, and the chesnut one, they wanted four each.

Mr. Knowlys. Did any body come with the person that brought the horses? - No, Sir.

HENRY BUTLER sworn.

I am a blacksmith; on Tuesday, the 11th of April, I shod a chesnut mare.

What shoes did you put on? - Four on the black one; there was a tall chesnut horse with three white legs, on that I put one bar shoe, I know the horse, I have seen him since, I saw him in Bow-street, he was shewn to me by one of the gentlemen of Bow-street.

Court. Were the horses you saw that Macmanus shewed you, the same that you shod? - Yes.

PATRICK MACMANUS sworn.

I went to Chelsea, to Mr. Lewis's, the Kings Arms, and asked for Mr. Lewis; I asked him if any horses were brought into his stables on Tuesday morning? says I, where is the man that brought them, he said he is in the stable now, I went there and I found the prisoner; I said Sir, are these your horses? he said yes; I said, where did you get them? he said, I bought them at a fair in the country; so I had a hand bill, and I looked at it, and picked out three of my lord's horses; the prisoner was taken into the house, I locked the stable door and went in; I continned there that night, and the next morning some more of the people of Bow-street came, and me and another man went home; I delivered the three horses that I picked out to Christmas.

Did you find any thing else in the house? - No Sir: after this I came home and saw my lord's servants, they shewed me an odd spur, and I recollected that I had seen such a spur in Lewis's kitchen, and I desired Shallard, who went down, to take care of it; and I shewed the tall chesnut horse to several people that came from the country, he is at Froome's livery stables in Covent Garden.

Mr. Knowlys. He named the horses as his own, and said he had bought them.

JOHN SHALLARD sworn.

I went to Chelsea, and I found this spur in Mr. Lewis's kitchen, hanging up at the further end of the kitchen.

ARCHIBALD RUTHWIN sworn.

I searched the prisoner, I found upon him a ticket of the turnpike gate from Uxbridge to Kennington, and likewise a leading bridle in his pocket. (Shewn to Manley.) That is the ticket, and the letter for the day that I gave that morning.

CHARLES JEALOUS sworn.

You had information of a black galloway being to be found somewhere? - Yes, I received a letter by the penny post. I found it at the Leaping-bar, on the Surry side of Black-friars bridge; my letter was dated on Tuesday the 18th of April; I shewed that horse to Christmas; at the White-hart, in Hart-street, Covent-garden; I delivered the horse to Christmas.

Court to Christmas. Was that horse one of Lord George Cavendish 's? - Yes.

Was it lost on that night? - Yes.

PRISONER's DEFENCE.

My Lord I have employed counsel.

Mr. Knowlys. It is not in my power to make a speech to the jury for you; if you think you can relate any facts, you may.

Prisoner. My Lord and Gentlemen of the Jury. I was at Gainsborough fair on Saturday preceding the Monday evening, when these horses were stolen from thence; I went to London on a horse I then had, and from London I went to a place called By-waters; at Aylesbury I bought two long tailed horses, which have since been owned, for which I paid eighteen guineas, and I bought a chesnut horse for six guineas, he is foundered; Mr. Williams observed to me that he knew I had some connections in the New Forest, in Hampshire, and that he could help me to some forest colts, he should be at Hammersham on the Monday evening, and he desired me to meet him; accordingly I went to Two Waters, to Cheyney, and from thence to Hammersham; he is, I find out now, a notorious horse stealer; I had bought many of him before, but they never turned out in this way; I met him with only one horse, I was surprised he had no more, he said, I have some in the neighbourhood, and my horse is almost tired; says he, if you will lend me your horse, and one of your spurs, I shall overtake you; accordingly I proceeded on, and got as far as Hounslow Heath, at the further end there his horse was tired, and knocked up; I tied him to the gate and walked on to Shepherds-bush, and there I met two gentlemen, one of whom I knew extremely well; and while we were in conversation, up came Williams with the horses in hand; I told him he was tired, the horses came up, I agreed for them, and I paid twenty-eight pounds (two ten pound notes, and the rest in cash;) he gave one of the gentlemen the notes to look at, for he could not read; after that he went about his business, I saw him no more; I found I was cheated in my horses, one was broken winded, and the other horse had an injury in one of his fore legs, so that he was not worth three guineas, the broken winded one was not worth two guineas and a half. This is all I have to say in my defence, Gentlemen, which I submit to the Court.

JOHN CARPENTER sworn.

I have known the prisoner fourteen or fifteen years.

Do you know his father? - I know his father and mother, he is of a respectable family, his father is a man of fortune, the prisoner was clerk to an attorney, he has acted in the capacity of an attorney for some years, I always understood that he was situated in Bedford, or near it, and acted as attorney, and had very good success.

During the time you have known him, what has been the character he has borne? - Personally as to myself he has made assignments for me; and not only so, but I have entrusted him with part of my property, and he always has returned it with great fidelity.

Mr. Silvester. What are you? - I am a man that lives independent of business, I live at Islington.

Have you been at Bedford lately? - No.

How long has he resided at Bedford? - About three years; I have seen him several times, I thought he acted in the capacity of an attorney then.

BENJAMIN PIPER sworn.

I have known him twelve or thirteen years, except within these eight or ten months past, since which time I have not seen him; he was articled to Mr. Champant, and he had chambers in Lincoln's-inn-square; he has been at Ampthill, in Bedfordshire, and was settled there.

You knew he was a man of a very reputable family? - I knew his mother before she was married; his father was a man of independent fortune; there are seven more children, very respectable people.

Court. Did you ever know him in business, as a buyer and seller of horses? - I cannot say I did.

JOSHUA BROOKS sworn.

I have known him from his infancy; his father is a man of very respectable character and fortune, and a little kind of an acquaintance of mine; his father lives at Gold-hill.

What has been the character of the young man? - I heard he was settled at Ampthill, as an Attorney, and very clever in his prosession.

SAMUEL FREDERICK sworn.

I have known him about seven years; during the time I knew him, I looked upon him as an honest young man; he was a customer to me seven years ago; I am a peruke-maker and hair-dresser; I have not known any thing of him these four or five years.

JOHN GILL sworn.

I have known the prisoner ever since he was a boy; I am in the wine business in the Strand; I know the prisoner was put to an Attorney; I knew him before that; this last year I cannot say what he was, but I always understood that he lived at Ampthill, and acted in the capacity of an Attorney; I never had the least suspicion of him, but as a strictly honest man; I have often sent him goods in our line, which were always very honourably paid, and I should not be afraid to have trusted him with any quantity; I have known his family many years, they are people of great reputation.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-7

325. JAMES MAY was indicted for burglariously and feloniously breaking and entering the dwelling-house of Charles Argil , about the hour of one in the night, on the 13th day of January last, and burglariously stealing therein, 3300 lb. weight of hempen cords, value 16 l. 10 s. his property .

EDWARD THOMPSON (a Black) sworn.

I am servant to Mr. Argil in Narrow-street, Limehouse ; he keeps a large warehouse, a ship chandler , deals in cordage; the warehouse and the dwelling-house is like one, you cannot go into the warehouse without going into the dwelling-house; the warehouse is near the water; there is an opening towards the water, the doors open fronting the water. The evening before the robbery, I secured the warehouse at night; I am sure I made the folding-doors towards the water fast, and bolt ed them; the next morning, about five, I went to work, and struck a light; I observed the door open, I looked round, and I went backwards, and there was a plank taken out of the back of the necessary.

Did that afford an opening sufficient for any body to get in? - Yes.

Has the necessary a communication with the warehouse? - Yes.

Was the warehouse open or shut? - It was open, the folding-doors; I missed a quantity of rope, as near as I can tell, there was about two ton wanting, and six bundles of paper stuff.

Where did this plank lay? - I found it on the platform; that platform has a communication with the river; there were holes in the plank, which appeared to be made with a gimblet, and afterwards they took a knife and cut it, so as to get a stick in.

Was that hole sufficient for a man to get in? - Yes.

Did you acquaint your master with this circumstance? - As soon as ever I saw this, I acquianted my master.

Court. Do you happen to know how that plank was secured, whether it was nailed, or whether it was only laid down loose in the necessary? - It was fastened.

How? - Nailed.

When you saw it, did you look to see whether the nails were drawn? - They were forced out.

Were the nails whole in the plank when you saw it forced out? - Yes.

CHARLES ARGIL sworn.

I deal in cordage; I live in Narrow-street, Limehouse; I was alarmed by my servant that my house was robbed, on the 13th of January; I fastened my doors; there was no man in the house but myself; I saw the doors fast, and went to bed with my family; I did not get up till my man alarmed me; he said, master, master, your house is robbed! My wife and me came down stairs; and when I came, I missed this rope and six bundles of paper stuff, and some junk; I observed the board laid there, and the board that belonged to the outside of the warehouse was put up by the carpenter, and never removed till it was broke off: this stick was found in the place, and they took and knocked another board through the necessary, and here is where it has been cut with a knife; they came through the necessary, and unbolted the door; the outside plank and the inside plank of the necessary were forced out.

Where does that outside of the necessary look to? - The necessary is below in the warehouse; the dwelling-house, warehouse, and necessary communicate together.

Where does the back of the necessary look to? - It looks to the water.

How could they get at it from the place where you found the planks forced out? - There are stairs directly under it; upon those stairs is built a little bit of platform, about three feet wide, and they stood on that. I sent for William Elby ; we went to Deptford, to the Ship upon the Redhouse walk, and there we found one Passmore, a constable, and four men, the prisoner and three more.

Court. Was there any thing found on him? - Yes, this gimblet.

Did you compare that with the hole which you found in the platform? - Yes.

(A part of the Plank produced.)

Jury. There is nothing can be judged from that.

Did you go in search of your property? - Yes.

Where did you go? - We went to Woolwich, to one Mrs. Bayley's.

Did you find all your property at Bayley's? - Yes; we found it all in a cellar, where there was candles and some tallow.

Have you subpoened Mr. and Mrs. Bayley? - No; she came before the Justice, but she went away without saying any thing about it.

JOSEPH PASSMORE sworn.

On the 12th of January last I was out on my rounds, and I saw the prisoner Harvey, and three more together near the Water-gates in Deptford; that was about a quarter after eleven at night; I saw no more of him that night: about twelve the next morning, Mr. Argil came to me, and told me he had been robbed; it then struck me these were the people; we went to Red-house wharf, we stopped to drink some beer in the sore room, and saw the prisoner at the bar and three more drinking in the taproom, Hagg, Marshall and Harvey; I went out, and called Mr. Argil and Mr. Elby, and we went in and searched them, and found a gimblet on May; I then secured him, and we went to Woolwich, and in Mr. Bayley's cellar we found some rope.

Did Harvey, before the Justice, acknowlege this, and charge May? - Yes, he acknowledge himself to be guilty of this fact.

WILLIAM ELBY sworn.

I was with the last witness when the

property was found; the prosecutor said he could swear to it.

JOHN HARVEY sworn.

I was concerned in this robbery. Charles Lee bored holes with this gimblet, till we got this stick in, at Mr. Argil's; Haggs Marshall, Lee, and myself got in, all but May; he staid in the boat; we got the cordage through the door; we got the boats from Deptford to Limehouse; we carried the cordage to Mrs. Bayley's; only May and me carried it to Mrs. Bayley's; we got three guineas and a half for this cordage; I confessed before the Justice; May was below stairs.

Court. How long had you been acquainted with May? - A very little time. We met at the Welch Harp house by Deptford-yard gate; we were all together there.

Where did you go to from thence? - Down to the Water-gates, and got a boat.

Do you remember seeing any thing of Passmore that night? - No.

Where did you go with the boat? - We took one from Limehouse. This is the gimblet; May had the gimblet afterwards.

Did not you charge May with having been out another night? - Yes, another night, but I had forgot that.

When you had sold the cordage, where did you go? - We walked up to Deptford; we all went to Woolwich; but two of us only sold the stuff; we went to the Redhouse about one or two o'clock.

What was you doing in the mean time? - We were drinking at Woolwich.

(The Cordage produced and deposed to.)

PRISONER's DEFENCE.

It was the evidence went to get it; I had nothing to do with it at all.

GUILTY , Death .

He was humbly recommended to his Majesty's mercy.

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

Reference Number: t17860426-8

326. DANIEL KEEFE was indicted for feloniously assaulting Henry Clyatt on the king's highway, on the 1st day of April 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 40 s. a metal watch chain, value 18 d. and one key, value 1 d. his property .

(The witnesses examined apart.)

HENRY CLYATT sworn.

On Saturday the first of April, I was robbed in the back lane by St. George's turnpike , at a quarter before nine at night; I was coming out of Moorfields to my father's in Stepney causeway; the prisoner was standing up against the rails, towards the fields, and he let me go past him; he came after me, and took hold of my collar, and demanded my watch, I told him I had none, and he felt it in my fob, and he swore very bitterly, if I did not give it him, he would cut my throat; with that I took it out of my pocket, and there was somebody coming, and he saw them, and he took it out of my hand, and went gently along; I pursued him, I had a stick in my hand, and I knocked him down with my stick.

Had he any weapon? - Yes, he had a knife.

Did you see the knife? - Yes.

When did he shew the knife? - When he first demanded my money.

Was the knife open? - Yes.

What sort of a knife was it? - A clasp knife; when I knocked him down, he got up again, and made towards the rope-ground, and I kept him off with my hand from going down the rope-ground; I kept calling out murder all the time.

Did any body come to your assistance? - Yes, John Cheeseman ; we took him into custody, I said he had got my watch, and we took him to the house opposite Justice Green's, and staid there some time till the officers came to us to search, and when they came, they found the watch in his right hand breeches pocket.

Did you see it found? - Yes.

Was it your watch? - Yes.

Are you sure of that? - Yes, the name is on the dial plate.

He did not make any use of the knife, or offer you any violence with it? - No, Sir, he promised he would not.

What became of the knife, when you knocked him down? - I do not know.

Are you sure he had the knife at first? - Yes.

You did not find any knife upon him afterwards? - No.

Have you the watch? - The constable has it.

Prisoner. He talks of my having a knife, and his seeing it, it was impossible to see, this was Saturday, the first of April, it was impossible to see, I could not see my hand, and I had no knife at all.

Prosecutor. I am sure it was a knife, I saw it, I was close under the lamp.

Prisoner. There is never a lamp in that place, I am sure of that, because it is very near my place of residence.

Was it moon-light, or dark? - A very dark night.

JOHN CHEESEMAN sworn.

I was in my own house, and hearing murder, I went out, and a gentleman said, he was robbed; it was in Sun-tavern-fields, Brick-lane.

Do you know a place, called Back-lane? - Yes, it is opposite to the Rope-grounds; I went out immediately, and this gentleman said, I have been robbed of my watch, and this man has got my watch, he was close to the man, but had not hold of him; I immediately caught hold of the person that had the watch; he immediately said d - n your eyes let me alone, the watch is mine; Sir, says the prosecutor, it is my watch, and in the dial plate is Henry Clyatt , my name; we secured the prisoner, the prisoner made answer, and said, d - n your eyes my name is Henry Clyatt , and let who dare touch the watch; I said, then I will take you to the magistrate; and I took him to the office; before I got him down to the publick-house he denied his name, and said his name was Daniel Keese , and said somebody had put the watch in his pocket.

Prisoner. I am afraid he is a man of very infamous character, as to any advantage he might take of me; I was a little in liquor; I never denied my name.

THOMAS COLE sworn.

(The Watch produced, which the Witness took out of the Prisoner's pocket.)

This is the watch I took from the prisoner; I have had it ever since.

(Deposed to by the Prosecutor.)

PRISONER's DEFENCE.

My trial came very hastily upon me, I did not expect it this afternoon; nobody is here now. I had been drinking with the prosecutor, and there were some women of the town, and as we were coming out, the prosecutor gave me his watch to take care of, and I had lent him three shillings and sixpence, and he asked me for his watch, and I said I would not till he paid it; he tried to take it from me, but did not, and he tried to knock me down, but did not; and when he saw his efforts did not succeed, he sung out that I had robbed him.

Prosecutor. This is a story, and all false; I never was with him at a public house.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-9

327. JOSEPH YELLAND , otherwise HOLMAN , PHEBE HARRIS , and ELIZABETH YELLAND , were indicted, for that they, on the 11th of February last, one piece of false, feigned, and counterfeit money and coin, to the likeness and similitude of the good, legal, and silver coin of this realm, called a shilling, falsely, deceitfully, feloniously, and traiterously did counterfeit and coin, against the duty of their allegiance, and against the statute.

A second count, for coining a sixpence.

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

( The Witnesses examined separate, at the desire of Mr. Garrow, Prisoners' Counsel.)

JOHN CLARKE sworn.

Mr. Silvester. In consequence of an information, you went to a house, No. 19, in Swan-yard, Drury-lane? - I did.

What day was it? - I think it was on Saturday the 11th of February.

About what hour? - I should suppose it near upon five in the afternoon.

When you came there, describe what persons you found there, and what things? - I went to the room up one pair of stairs; there is only one room on a floor; I saw the two women prisoners in the room; Mrs. Harris was in the middle of the room, facing the fire, and I think, if I recollect right, the other girl was upon her knees: after they were secured, we began to search, and upon a kind of bureau, or chest of drawers, I saw a piece of get.

Court. That is the metal that fills up the sort of gutter that communicates to the different moulds.

Clarke. In a drawer Macmanus searched, he took out a quantity of good shillings, which he gave me; they have been in my possession ever since; and a bed was turned up; Macmanus saw the woman approached to that; and there we found a quantity of counterfeit shillings; they are here; and in a little room like a closet, in the same room, I found all the implements compleat for coining.

Did that little room communicate with that room? - Yes.

Has that closet a door into any other place? - No communication only with that room: there I found a pair of flasks, sand, scowering paper, file, cork, and upon the mantlepiece there was this aqua fortis; there was a fire in the room, and charcoal on.

Was the whole apparatus for coining and finishing compleat there? - Clearly so: I have compared the good shillings and the bad ones together, and they agreed; from which I conclude, that from the good shillings counterfeits had been cast.

How many good shillings are there? - Twenty-eight.

How many have you fitted? - I believe there is a dozen shillings and sixpences.

Do they tally in such a manner, as to enable you to pronounce that the bad ones were made from the good ones? - I have not a doubt of it, particularly as there is one sixpence that I believe any body may see; one sixpence has a hole in it, and the other has been cast from it; I saw the two women there; and in about five minutes the man came in; we stopped him, according to our information. The things are all here in a box as they were found; (the things all produced) flasks, sand, a crucible which is broke, and facings.

Court. We have heard nothing of the crucible before? - I found the crucible by the fire-side.

Whereabout? - On the hearth, on the side of the grate where the fire was.

What fire was it? - Part charcoal, and part coal.

Mr. Wilson. You saw no more than one crucible? - Yes, several.

How many? - I fancy there is pretty near half a dozen; there were several of them broke lay by the fire-side.

How many whole crucibles are there? - Here is one that has not been used, and one that has; every one of the crucibles were found by the fire-side; here is the get.

Mr. Garrow. Were the moulds set? - No, Sir.

They were in the state you first produced them in, before you screwed them together? - Yes; they were all in the box together.

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

Reference Number: t17860426-9

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 26th of APRIL, 1786, and the following Days;

Being the FOURTH 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 IV. PART II.

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 Joseph Yelland , Phebe Harris , and Elizabeth Yelland .

You said the woman Yelland was upon her knees? - Yes.

Do you know what she was doing? - I should rather think she was scouring the floor.

The other woman was ill, was not she? - Yes.

Holman in fact enquired for his sister? - I do not know that he did, till he was taken into custody.

Did you know that they are brother and sister? - I have heard they are.

Did you know Hardy before you took him? - No.

I take it for granted you searched the man? - I did not.

Did you see him searched? - I did not.

Court. How came you not to search the man? - I should suppose he was searched, but not by me.

Mr. Garrow. You did not find any pickle? - No, only aquafortis.

Is not pickle one of those things which is necessary to put this into a state of currency? - No, Sir; they are put into aquafortis, and by the different workings, it reduces its strength.

Is this aquafortis in the strong state, or is it so reduced, so as to become a pickle? - It is in its strong state; they use the aquafortis alone; if a quantity of aquafortis is put into a pan, and by applying any thing to it, as it is put in, so it soments, and it reduces it, and from that it becomes a pickle.

Therefore, if I understand you right, when aquafortis is first used, it is not a pickle? - They use it without water; then they throw them into water afterwards, and that water is what they call pickle.

GEORGE MEECHAM sworn.

Did you go to the house in Swan-yard, Drury-lane? - On Saturday the 11th of February I went with Mr. Clarke, Mr. Macmanus, and Mr. Andrews, to the house No. 19, in Swan-yard, near the New Church in the Strand, between five and six; I went up one pair of stairs; the door was locked inside, I shoved against it, and it came open, I broke it open at once, and the two prisoners at the bar were standing at the fire-side, and screamed out very much, and upon that I peraceived something drop; the man came in about five minutes afterwards; I went in

first, and Mr. Andrews came in next, and Mr. Macmanus and Mr. Clarke; I heard something drop, and there was a light got, a candle was lighted, it was between light and dark, it was about half after five; and upon the ground where the two women prisoners stood, I picked up these two sixpences, one half finished, and one not quite finished, and a piece of blacking, and some cork, and a quantity of scouring paper, and some broken crucibles, and a pair of nippers; they were all close together spread upon the ground, and a quantity of dirt and sand and rubbish on the floor.

Do you know what that blacking and cork and things could be used for? - Mr. Clarke can inform you best; I do not understand it.

You do not know what that was that dropped? - I do not; I found the two sixpences just between the two women; they were taken into custody, and carried to Bow-street; I saw some files on the table, and a little box, and some things Mr. Clarke saw in the closet like.

When the man came in, was he immediately taken into custody? - He was, by order of Mr. Clarke; he gave no account of himself, how he came there, or who he belonged to.

Was he searched? - I do not know; I know nothing about him.

(The two Sixpences handed to the Court and Jury.)

Mr. Garrow. Did you try the door first, before you pushed it open? - No, I did not; I opened it with a good bang.

How long might it be till Mr. Clarke came up? - A minute after.

Then they were standing by the fire-side? - Yes.

And they continued in the same position till he came in? - Yes; then he ordered them be searched.

Holman was taken dir ectly before he had any time to give any account of himself? - Yes.

Did you see any body on their knees in the room? - Not to my knowledge, I did not observe.

Were neither of the women on their knees? - No, Sir; the women were at the fire-side.

Did you take Mr. Hardy with you? - No, Sir; I did not.

Where did you leave him when you went? I left him by the New Church.

He knew you was going there? - I imagine he did.

How long have you known Mr. Hardy? - No great while.

How long before you went to this house? - About a fortnight.

How long? - About a fortnight.

Do you know what business he follows? - He kept a house in Drury-lane, a green-grocer's, sold oranges; the way I came to know him, I went to serve a warrant upon him.

WILLIAM ANDREWS sworn.

I went with Clarke and Meecham to this house; when I went into the room, there were two women near the fire; Meecham said he saw something drop; I went and picked it up, it was a bad sixpence; presently he found another; they moved towards the window, and Harris took a key out of her pocket, and went to the bureau, and took this crucible out with the contents, and gave it to the other woman; she put it out of the window upon a place to put garden pots on; I immediately took it in with the contents; I found it all as it is; in about five minutes the man came in; and there was scouring-paper and other things.

Mr. Garrow. Who searched the man? - I cannot say, I did not observe it.

How long have you known Mr. Hardy? - Not long; I served a warrant upon him first.

You and Meecham went together? - I believe it was Meecham.

How long is that ago? - I cannot say.

What business did he follow? - He kept a green-grocer's shop.

Does he keep it now? - I do not believe he does.

That is the only trade you have known him to follow? - Yes.

PATRICK MACMANUS sworn.

I went with the other officers to this room, and I found a quantity of silver in a drawer, that Mr. Clarke said was good silver; he said they were the patterns for casting, I gave them to Mr. Clark, and in some little time after, I took notice the woman went to the bed head, and I let down the bed, and reached Mr. Clark a paper I found there.

What did the paper contain? - He said bad silver; I did not look into it.

To Clarke. Is that the paper you produce now? - Yes.

To Macmanus. Did you search the man? - Yes, I found nothing upon him; I went up stairs and kicked the door open, and when I returned, I found the young man at the door of the one pair of stairs.

JOEL SPARKES sworn.

I understand this house, No. 19, Swan-yard belongs to you? - I am landlord of it.

Who did you let it to? - Different lodgers.

Who lived in it at the time the officers came in? - Mrs. Brown lived in the one pair of stairs room.

Which is Mrs. Brown? - I understand she goes by the name of Harris, she came to me by the name of Brown, she had lived there two or three weeks, I live in the kitchen, and says I, one day, Madam, though you have been here so long, I cannot say I know your name; says she, Brown, oh! says I Mrs. Brown; there was a gentleman with her when she took the lodgings, his name his Hardy, there was another young man with her.

Who did she describe herself to be? - The gentleman says to me, coming with the gentlewoman, Mr. Sparkes, I have recommended you to a good lodger, she is a captain's widow, and she has an income, so that you are sure of your money, her husband lays dead in the room where she is, and she wants another room; there was a young man with them, but I do not know who he was.

Mr. Garrow. So Hardy was the person, who treated with you for a lodging? - Yes.

He described this woman? - Yes.

The woman said nothing about it? - No, she never spoke a word.

Did you ever see Mr. Hardy afterwards? - Not till the officers came, he might pass in and out; she was there near four months before the officer came.

Silvester. The woman was present when Hardy said this? - Yes, both together.

How long had the other woman occasionally come backwards and forwards there? - I cannot say.

She did not come with her sister? - No.

Had the other been there a considerable time before she came? - Yes, I believe it was some weeks.

How many times might you have seen the other woman, before the officers came? - I cannot say, in particular, I have seen her up and down stairs.

JOHN SPARKES sworn.

How old are you? - Turned of fifteen; I am son of the last witness, I was present when the lodgings were taken.

Who took the lodgings? - Mrs. Brown.

Who was in company with her? - One Mr. Hardy.

And who else? - I cannot tell.

Was you mostly at home, my boy? - Yes.

How soon after the lodgings were taken, did the other woman come? - On Christmas-day.

When did they come to live in that house? - They had lived there about four months.

Who else used to come there? - I cannot tell, there used to be a man that used to come there.

Who is that man like? - That young man there used to come almost every day.

What time did he come? - He used to come at all times almost, I cannot tell what time.

How long did he use to stay? - Two or three hours sometimes, and sometimes not so long, he used to go away soon.

Are you sure that is the man? - Yes.

Do you know whether he was present

at the time the lodgings were taken? - No, Sir, he was not.

Mr. Garrow. Was Hardy there, after the lodgings were taken? - About once, or twice; I saw him, he came to see Mrs. Brown.

How long might he stay? - Not above half an hour.

Then that, I suppose, was before the other woman came to be there? - Yes.

Was any body else present, at any time, when Hardy was there, except Mrs. Brown? - No.

Did you ever see Mr. Holman there, when Mr. Hardy was there? - No.

Did you ever see Hardy bring any thing with him? - No.

FRANCIS HARDY sworn.

Do you know the prisoner? - Yes; I went with Mrs. Harris and Joseph Yelland to take the room, there was one Mr. Richard Smith there; she desired I would represent her as a captain's widow, because she was separate from her husband, and she was afraid if he knew where she was, he would come and fetch away her goods; her husband had been separate from her two or three years, or near upon that; he lived with another woman; that was the reason she gave me, for going in another name; I told Mr. Spackes, that she was a captain's widow, I knew she was not a captain's widow, I knew she had a husband alive at the time; I know the other woman, I have seen them in that apartment, I have seen them at work, such as filing the shillings, and preparing them, and cleaning them.

Who have you seen? - I have seen Elizabeth Yelland preparing the money, and I have seen her likwise, after her sister has coloured them, rubbing them out in sand; I have never seen any body else colouring the money; I have seen a young man which is there, Joseph, making the mould with fand, and the flask; I believe after they had the room, they did not do any thing to the casting part till about a fortnight before Christmas, then they commenced casting; before that they used to buy the bad money and finish it.

Then it was after the time of course, that you saw Joseph making the mould? - I never saw him making any mould, but three times, for I was deterred from going up; the reason I went was, they owed me a little money, and I went after it, I being somewhat of a confidant, I believed they were not fearful to trust me; I only saw them making the mould; I believe I have seen the woman at work six or eight times.

Mr. Garrow. The business you saw the woman employed in, was rubbing them on paper, and cleaning them? - Yes.

This was whilst they purchased the unfinished stuff, and were working it into finished for uttering? - Yes.

It was before they began casting? - Yes.

So you saw that six or eight times? - Yes.

At distant periods from each other? - It may be two or three days, sometimes it might be every other day.

You was a frequent visitor? - Yes.

When was the first time, after the lodgings were taken? - I believe it was within four or five days.

What Elizabeth understood the business as well as Phebe? - She was not there then, she came since they began casting; there was only Mrs. Harris and her daughter and this man.

Did you ever see any casting going forward? - I never saw any metal run; I have seen the silver in the flask to make the mould.

You have? - Undoubtedly; when I went up, they have been a little surprised, but then they said, you need not mind him.

You have known this family eighteen months, how came you to be the person singled out to tell this falsehood to the landlord. - I never told any falsehood only by her own desire.

However you was the person thought the fittest with that demure face to tell a lie? - I lived in that neighbourhood, and I believe she had no other connections

but me, as I had not been in the neighbourhood long, and she desired me to look her out a room.

Are you a married man? - Yes, I lived at No. 62, I never saw her do any thing of the kind before; I did not know she was a person of that kind.

Did you know those people were in the act of high treason, at the time you went there? - I knew it would affect their lives, I thought it right to divulge it at last.

Did you always think it was a bad thing that they were doing, and that it was a bad thing to keep it secret? - Undoubtedly I did.

Had they paid you the money they owed you? - Some time; I suppose for two months.

Then you continued to visit them after the money was paid? - All the difference that arose between them and me, that made us separate in our connection was, my advising them to quit and leave that business, and they thought my advice too bad.

So there was a downright falling out between you? - No, there was not.

Still they continued in their old lodgings, going on with their old trade, knowing you knew of it? - Yes.

It was two months after your recommendation, and breaking of the connection, that you gave this notice? - Yes.

How long had all connection ceased between you? - I believe it might be a week.

Did you desire them not to come to your place, that you might disclose this matter? - I had some struggle in my mind, and at the same time was in hopes my persuasions would have an effect upon them, as I saw it was dangerous; I saw they would not leave off, and there was no other method; besides, I saw clearly that they were leading young people into that error, and they might have led others; I so far persuaded her own daughter to quit the house, and come to live at my house.

What is the age of that daughter? - About fourteen; she lived with me and my wife in the capacity of a servant, or in fact, till her grandmother would take her; she was not with me not many days before, not many hours; she came on the Saturday, and her mother was apprehended on that very evening.

Had not you really made a discovery to the officer, before you took the daughter home? - No, Sir; the daughter was at my house settled before the officers went.

I ask you, upon your oath, whether you had not informed the officer before you took the daughter home? - I had not mentioned it to any one person, till the daughter was in my house, for there I left her, when I went to apprehend them; I took her in order to save her life.

Had you made any declarations respecting the prisoner Phebe Harris and yourself, respecting your attachment to her? - I never had any attachment to her, she is a married woman, and I am a married man; upon my oath I never had any attachment towards her.

Have you never said this to any body, that if they made a case against Phebe Harris , the rest should go too, for you loved her better than your own wife? - Upon my oath I never said so, I never was prejudiced any more in her favour than the other.

You never said so? - I never did.

JOHN NICHOLLS sworn.

One of these sixpences is bad, and the other I believe good.

How are these shillings? - They are both bad; two of those shillings are bad, and one good.

Court. Hand over the paper with the two shillings in it; I want to ask Clarke a question about them.

To Clarke. You delivered in these, to be one good, and one a bad shilling; which did you take to be good? - His judgement is better than mine.

Jury. Suppose the good shilling was gone, one might be a pattern as well as the other? - Not a doubt of it, in all branchches of business, besides this, they mostly use lead for a pattern.

JOSEPH YELLAND , otherwise HOLMAN'S DEFENCE.

My Lord, I had been at my mother's all that morning, and hearing my sister was ill, I came to see her; and this witness

wants to swear my life away, for the sake of the blood money.

Court. Can you shew by witnesses what your life has been for the course of the last four months, that you have been honestly getting your living; that would be of great service to you? - I had been at work, and I have been out of work some time, I was looking for a place.

What business was you bred to? - A whitesmith, I have four witnesses to my character.

SARAH SMITH sworn.

I have known him from a child; I am a married woman, my husband is a waterman and lighterman at Hungerford-stairs.

What business is he? - I saw him about half a year ago, he said he was going upon liking to a smith; I never knew any thing of him but an honest young fellow.

Has that been his general character? - Yes, I never heard any thing amiss of him.

What was he brought up to? - He was brought up in the school.

What business was he brought up to? - He was going upon liking to a waterman; my husband would have taken him; I have not seen him within this last twelve months, and then he had not been out at any business; I know his mother very well a very honest hard working woman; She goes out to work.

Did he live with her? - He used to be backwards and forwards.

JANE BURGESS sworn.

I live next door to his mother, in Artichoke-lane, I am a married woman, my husband is a cooper, I have known him these three years to my certain knowledge, he went on board a ship, and attended as a waterman along with his father in-law; I never heard any thing amiss of him, till now; I never heard any thing of his being a smith; I heard once he was to be a smith, but he did not go.

Court to Prisoner Phebe Harris . What explanation can you give of this to the Jury.

(Her Defence read.)

My Lord and Gentlemen of the Jury, I am an unhappy woman; I was desired by a young man of the name of John Brown, to take the room, which I did, and he brought the things found in the room; and desired me to secret them, and I not knowing the nature of them, or for what purpose they were intended, did do so, and so I told the gentleman when they came and took me: as to my sister-in-law, I being very ill, she came to clean the room for me, and the gentleman found her cleaning it on her knees: and my brother-in-law came some time after the gentlemen had been in the room.

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

PRISONER ELIZABETH YELLAND 'S DEFENCE.

I leave it to my counsel.

The Prisoner called Alexander Sutherland , an Apothecary, with whom she lived servant two months before her commitment, who gave her an exceeding good character.

Court to Macmanus. Which woman went to the bed's head? - Phebe Harris .

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

JOSPEH YELLAND otherwise HOLMAN,

NOT GUILTY .

PHEBE HARRIS , GUILTY , Death .

ELIZABETH YELLAND , NOT GUILTY .

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

Reference Number: t17860426-10

328. HANNAH otherwise HANNAH MULLENS , was indicted, for that she, well knowing that one Peter Roach had served our Lord the King, as a seaman, on board the Burford, and that certain wages and pay were due to him for such service, on the 11th of November last, she did appear in her proper person before the Worshipful George Harris , and did produce and exhibit a certain paper, partly printed, and partly written,

with a certain mark thereunto set, which purported to be the last will and testament of the said Peter Roach , and did then and there unlawfully, wilfully, and knowingly, take a false oath that that paper did contain the last will and testament of him the said Peter Roach ; and that she was the executrix therein named, with intent to obtain probate, in order to receive the wages and pay so due to him the said Peter Roach , for and on account of his said service, against the statute .

A second count, for that she, supposing certain wages and pay was due, &c.

THOMAS FLETCHER sworn.

I am a clerk in the Prerogative-office. This is a will of Peter Roach ; I bring this from the place where the original wills are deposited.

JOHN SEALY sworn.

I am clerk to Mr. John Crickett , Proctor, in Doctors Commons. I know the prisoner; I saw her, and received this will from her; I wrote this jurata upon it. I went with her to be sworn; I saw her sworn; I saw Doctor Harris sign it.

What was the oath? - She swore that paper contained the last will and testament of Peter Roach ; that she was the executrix therein named.

Court. To what purpose was this oath administered to her? - For her to receive the effects.

What was to be done in consequence of that oath? - To obtain probate.

What was the purpose for which she appplied to you? - To prove the will, to obtain probate.

Did she come alone? - No person with her, to the best of my knowledge; I do not know where she lived; I did not see her husband; she sent some person after it the next time; it was some man.

(The Will read, witnessed by Philip Riley and John Penny .)

HENRY WILLIAMS sworn.

There is no other man of the same name; this man, Peter Roach , appeared to have served on board the Coventry, from the 16th of July, 1781, till the 2d of September, in the same year; when he was discharged into the Burford, on the 14th of August, the Coventry was at sea at some part of the East Indies, latitude 18.

Turn to the Burford book, how and when does he appear to have been on board? - He arrived in the Burford the 3d of September from the Coventry, and served to the 19th of April, 1783, when he died in Madrass road.

Were there any wages due to him? - There were.

Are there now? - Yes.

Look for John Penny and Philip Riley ? - John Penny appears to have died on the 8th of August, 1779, at the hospital at Symons Town, I believe, in the East Indies; and Philip Riley did not die till the 6th of June, 1782.

Then he was borne on the ship's books at this time? - Till the 6th of June, 1782, they both belonged to the Burford.

Court. Supposing a person had come to have enquired at the office for the name of Peter Roach, what information would you have given? - I should have given the original entry in the Coventry, carrying it back to July.

HENRY PENTON sworn.

I was quarter-master on board the Burford in 1781; I knew Peter Roach for a good while; I have seen him write, he wrote pretty middling, that a man might read, and he could write both in pen and chalk, for he was in my watch; he w as blown up in the East-India man, called the Duke of Arthur, the 19th of April, 1783; I never saw him write any will or power, or any such thing as that; I have seen him write, he has written with my pen a twelvemonth before his death; he came to the Burford in 1781 from the Coventry.

THOMAS PLUCK sworn.

I was a foremast-man on board the Magnanime.

Did you know Philip Riley of the Burford? - Yes.

Have you seen him write often? - Yes.

Look at this? - That was never his hand writing in the world; I knew him extremely well, he wrote a very heavy and a very ordinary hand, indeed; he was very little used in writing.

Court. Do you remember Riley in the Burford in the year 1781? - I knew him in the year 1782, after the 12th of April; I knew nothing of him before that time.

Court to Williams. When did Riley first come into the Burford? - On the 13th of December, 1778, and died the 6th of January, 1782.

To Pluck. Did you know of his death? - No.

How long had you known him? - Between two and three months.

ELIZABETH RYDER sworn.

What relation were you to John Penny ? - I was his mother's own sister, and his own sister is in the next room; he was a mariner on board the Burford; he could not write, nor read writing.

What became of him? - He died abroad, I forget the name of the place.

SARAH HALL sworn.

Had you a brother of the name of John Penny ? - Yes; he was a mariner on board the Bedford, or some such name.

Was it the Burford? - Yes.

Where did he die? - At the Cape of Good Hope.

What age was he when you last saw him? - I do not know; he might be upwards of forty.

Did you see him a little time before he left this kingdom to go abroad? - He could not write when he went from this kingdom, unless he was learned abroad; he could neither read nor write.

Does it appear from the ship's books where this young man represented himself as coming from? - From Folkstone.

How old was your brother when he died? - He might be about forty-five or forty-six.

What year was he born in? - I do not know; he was younger than myself; I am forty-eight; he has been gone eight years this April, to the best of my memory.

How much younger was he than you? - Two or three years.

To Williams. You say he had entered his forty-ninth year? - Yes.

JOHN ABEL , alias PATERSON sworn.

I know the prisoner, she asked me some questions once.

What? - She asked me if I knew such a ship as the Burford, from India; it was about ten days or a fortnight before I was taken; she asked me if I knew any of the people belonging to the Burford, for she had got a person that did belong to that ship, that brought her from Ireland, and she had his will and power; and she asked me to go to the Pay-office to receive the wages, and if I should be asked whether I brought the will over, to say, yes; that was all.

Did you go with her? - Yes.

Did you say so? - They did not ask me.

Court. How long have you known this woman? - I never saw her, to know her, but once or twice.

Where did she live? - I saw her at a public house; I do not know where she lived.

How much was you to take for your trouble? - She did not promise me any thing particular; she said I should be satisfied.

Did you know Roach, Penny, or Riley? - No.

You went along with this woman? - Yes.

What did you tell the gentlemen at the Pay-office? - I do not know that they asked me any questions; I did not speak, that I know of.

So the woman was a stranger to you? - Yes; I had seen her once or twice before.

Did you know where she lodged, or was to be met with? - No.

Do you think it was a proper thing for you to lie for this woman, though you did not swear for her? - I did not think of

the consequence; she told me she could not find the man.

Court. Take care of yourself in future; if you had come here as a party, it would have gone very hard with you.

- SLADE sworn.

On the 27th of February, the prisoner, in company with this man, who went by the name of Patterson, brought this administration belonging to Peter Roach ; upon looking who were witnesses to the will, I found that one of the witnesses was dead two years before the will was made; I asked her who brought it over; she said the man that was with her; she said his name was Abel; she brought this paper with her. (The paper read.)

"Burford, Peter Roach , No. 1648, Madrass, R. D. 5. 8. J. P." It belongs to the office of a Mr. Willcotes.

(The paper shewn to the Jury.)

Do you know any thing of that ticket? - Yes, it is wrote by a person in our office, whose name is Stephen.

Is it his business to make out these sort of tickets? - By the authority being produced.

Has Mr. Stephen been applied to, to know whether he can give any account of it? - I believe not.

The Navy-office is down at Crutched Friars? - Yes; I dare say he can give no account of it.

PRISONER's DEFENCE.

My Lord, a young man that belonged to the Burford, Patrick Croghill , delivered me this will at Mrs. Mould's, the Cock, in High-street, St. Giles's, about eleven months ago.

Have you got the letter in which it was brought to you? - No, Sir, I have not, I have lost it; I could neither read nor write myself, I got a young man to write a letter for me.

Had you any reason to expect that you should be made executrix to this man, and that he would leave you this money? - I had not seen him these ten years.

Was he a relation to you? - No; he lived with me half a year; he never sent to me; I never heard from him from the time he went away; this is the man that wrote the letter, whom I called from the next box.

How came you to keep it so long by you? I was big with child, and I did not like to go till I was well.

Is there any body here that knows that this man lived with you? - I do not know.

How old are you now? - I am going of twenty-six.

And you say this was ten years ago; you must have been very young indeed? - Yes.

Where did you come from? - From Ireland.

How long have you been in London? - I have been in London about ten years.

Where have you lived, what part of London? - I lived at St. Giles's, and in a good many parts.

In what way? - As a servant; I have been a servant these four or five years; I have lived with this child's father these two years; his name is Edward Mullins .

What is he? - He porters.

Who is he that you call to give an account of your receiving this letter? - That man there.

EDWARD EDWIN sworn.

What countryman are you? - An Irishman.

How long have you known this woman? - About two years.

Do you know Edward Mullins ? - No.

Do you know where the prisoner has lived these last two years? - I know she lived in St. Giles's; I live in Drury-lane, I am a labourer.

Have you got any of your writing here? - Yes; I went before my Lord Mayor, when I was stopped.

Who stopped you? - The Lord Mayor.

How came you to be stopped? - When I appeared as evidence for the woman.

Tell me what you know about this matter? - I saw a will inclosed in a letter, delivered to Hannah Mullins about a twelvemonth ago.

Who was it delivered to her by? - A sailor.

Did you know the sailor? - No.

Do you know how the sailor found her out? - Yes, he enquired of Mrs. Moulds for her.

How came he to find out Mrs. Moulds? - The direction was on the letter.

So then it was in consequence of the direction being on the letter, at Mrs. Moulds, that this woman was found out? - Yes.

You read the direction? - Yes.

Was she in the room at Mrs. Mould's at the time that the man came there? - Not that I know of; he enquired for her when he came in, and Mrs. Moulds sent for her.

When she came, what happened then? - I do not know, I took no further notice, till she handed me the letter; I saw him give her the letter.

Was the letter sealed, or unsealed? - Sealed.

Did he tell her who it came from? - I cannot say.

Did she read the letter? - I read it, she could not read.

What was in the letter? - I cannot tell.

What was there besides the letter? - There was a will in it.

Whose will was it? - I cannot tell you.

How do you know it was a will? - When I read it, every body in the house said it was a will; I did not know it was a will till I was told it.

You do not remember whose it was? - No.

Look at that writing and tell me whether it is your hand, did you write that before my Lord Mayor? - Yes.

How happens it that you, who have known this woman so long, should not know Mr. Mullens? - She has had two or three husbands while I knew her.

You are not one of them, are you? - No.

Court to Abel. Did you never receive a letter from her desiring you to come? - No.

Court to Edwin. Do you know who it was that brought the letter? - I cannot say.

Look at Mr. Patterson, and say whether that was him or not? - I cannot say it was.

Can you say it was not? - It is so long ago I cannot say.

Where was this woman's husband when the letter was delivered? - I cannot say.

Have you never said it was Patterson that wrote the letter? - I never did.

Did you happen to know how long Mrs. Moulds has kept that house? - While I was in London.

How long is that? - About six or seven years.

Court to Patterson. Was not you the person that brought this letter? - I was persuaded to say so at first.

The question is, whether you did not deliver this letter to this woman at Moulds'? now take care before you answer it. - No, Sir, I did not.

You did not? - No.

Is Mrs. Moulds here? I will read to you what the minutes are of your examination, and then I wish you to consider what answer you will give to me; you said you was born at Hippersley in Worcestershire; that you was on board the Eleanor brigg five years ago, is that true? - Yes.

That you never knew Peter Roach ; that you had the letter on board the Burford, in 1783; that that letter was given you; that you sat down in the box, that there were two or three men in the same room, that you sat down in the middle box? - I did not say that before my Lord Mayor.

What part of it did you say, did not you say before my Lord Mayor, that you delivered this letter to this woman? - Yes, the day I was taken up; then, when my Lord asked the truth, I told him, and he told me it was better to tell the truth, and I did tell him all the truth about it.

So first of all you did say so, and it was not true? - Yes, then I told him as I have told you.

THOMAS WELCH sworn.

I am a labourer and porter.

Are you acquainted with that man, Daniel Patterson ? - No, I never saw him till I saw him at the prison.

Did not you see him at the Cock? - No, I could not swear that I saw him.

Where do you live? - I lodge in Dyot-street.

Was you drinking with him at the Cock? - No, I was drinking with Edwin at the Cock.

Do you remember the circumstance of a man coming in and enquiring for Mrs. Mullens? - Yes, I heard that circumstance particularly, I happened to be sitting in the middle box, and some time after they came in, she turned about and called Edwin out of the box from me, as I sat alone, I turned about and I saw both their heads together, and he was reading in a slow voice.

Who was the man that brought that letter? - I do not know.

Look at Mr. Patterson? - I have seen him often since,; I never said he was the man.

Did not you say that Patterson came to enquire for Mullens, and that Patterson gave her a letter? - I could not swear that he was the man, or that he was not the man, I never said he was the man before my Lord Mayor.

Then observe, before my Lord Mayor you did not say that Patterson was the man? - No, I did not.

Court to Prisoner. Can you satisfy the Jury what name you go by now? - Yes, by the name of Mullens.

Why the man's name that you live with is Mullens? - But my father's name was Jack Mullens .

GUILTY , Death .

Tried by the London Jury before Mr. Baron EYRE .

She was humbly recommended to mercy by the Jury, because they supposed she had been drawn in.

Court. It is just now suggested to me, that this is not the first or second of these wills, that she has been concerned in; and if so, you would wish to withdraw your recommendation; but if she is really an innocent person, we will listen to it; I shall desire my Lord Mayor, who has had this affair before him to make enquiry into it.

Reference Number: t17860426-11

329. JONATHAN HARWOOD was indicted, for feloniously making an assault, in a certain field and open place, near the the king's highway, called St. James's Park, on David Drummond , Esq ; on the 15th day of April last, and putting him in corporal fear, and danger of his life, and feloniously taking from his person, and against his will, 4 s. in monies numbered, his monies .

(The indictment was opened by Mr. Park, and the Case by Mr. Garrow, as follows.)

May it please your Lordship, and you Gentlemen of the Jury; this is a case, the most painful that has come before you this sessions: you have heard this is a robbery; a robbery not committed in the usual way, not by force or violence to the gentleman who was robbed, but by those means, which I am sorry to say, the experience of this place, and other courts of justice, has proved, are but too frequent in these days; I mean Gentlemen, by threatening to charge an unnatural crime. Gentlemen, on the law of this subject, whatever doubts may have been entertained formerly, thank God, there will be none to day; we have it settled by all the Judges, that if money is taken from the person of any man by threats, either to affect his character or person, by which he is induced to part with his money, that constitutes the crime of a robbery, the same as if he had been knocked down; and indeed God forbid it should not; for such an attack to a man of character is worse than a publick robbery. Gentlemen, the prosecutor Mr. Drummond, is a very respectable wine merchant , in Sackville-street, Piccadilly; in the course

of his business, he acts occasionally for gentlemen as a banker; it happened that my Lord Sempill, who keeps money with him in that way, drew a draft for eight guineas, and a short time after another for one pound sixteen shillings, these drafts were presented, when Mr. Drummond's hair was dressing, and he did not file them, but neglected to take care of them; he heard no more of them till about a month ago, when two persons, soldiers, one of them the prisoner, came to Mr. Drummond's house with two drafts, upon looking at them, it did not occur that they had been paid, but he concluded they were drawn for some of my Lord's servants, and that they had lost them; the soldier said, he did not present them for payment, but finding them, he brought them home; Mr. Drummond gave each of the soldiers a shilling a piece, and away they went. On the 5th of April, Mr. Drummond was in the Park, and there was a great disturbance in the Park, which drew the attention of every body, and of course, of Mr. Drummond; upon enquiry, he found that a man was detected in woman's cloaths, and that that was the cause of the riot; on returning home, Mr. Drummond was accosted by a man who since turns out to be the prisoner, who said, how do you do, Sir; Mr. Drummond had no recollection of his person, and said, who are you? says the prisoner, do not you recollect me, I am one of the two soldiers that brought the drafts, and say she, you behaved very ill and very shabbilly to us, and gave us only a shilling a piece; Mr. Drummond said, he thought he had given them enough; but however, Mr. Drummond gave him a shilling more; then the prisoner used this expression, if you do not give me more, I will swear an unnatural crime against you, and that you lost the drafts when you was with me in the Green Park; I can swear to your person, from having seen you at your own house before, when I brought the drafts. Mr. Drummond, you may conceive, was unusually alarmed; and upon these occasions, one sets one-self to consider what one should do; I am sure it has often puzzled me, how I should behave on such an occasion; knock him down one of my friends suggest; why that would be equally dangerous, that would be called retaliation; should a man do as Mr. Drummond did, give him something; why that is an encouragement to all these scoundrels of the guards; otherwise, the best way might be, to give them something and get rid of them; that was Mr. Drummond's case, he did not chuse to be annoyed by this man, he gave him four shillings; the fellow said that would not do, he should go home with him, he would have more money; Mr. Drummond was obliged to submit, he begged he would follow at a distance; in short Mr. Drummond went home, and there he got some more money, two guineas which he gave the prisoner; this however did not satisfy the prisoner, for the constant experience of these cases is, that when once they have made a footing, so as to induce people to give them a farthing, they are never satisfied, because, they know that every additional shilling that is given, is an additional abatement of that story, which is to be told to the Jury; the prisoner desired Mr. Drummond to make an appointment to give him some more money, Mr. Drummond did so; the prisoner desired Mr. Drummond would be very cautious to attend to his appointment, or else he should visit him again; Mr. Drummond disclosed what he had done, to Lord Sempill, and some other gentlemen, and that very day the prisoner was taken up; when the prisoner was taken and examined at the Publick Office, in Bow-Street, he told this story; that Mr. Drummond had lost the drafts, while he was commiting indecent familiarities with another soldier, of the name of Wetherhill, who was the man that went with the prisoner, when they carried the drafts; upon this Wetherhill was examined, and he entirely disclaimed the whole story, and said he never saw Mr. Drummond, till he went to his house with the prisoner with the drafts; another circumstance is, when this man made the charge in the Park, Mr. Drummond told him that there was a reason why he should be the last person in the world to be charged with such a crime; but Wetherhill will come here, and tell you there is no truth in the story told by the prisoner. If the prisoner should be unwise enough to-day to affect Mr. Drummond's character, by so foul a charge, Mr . Drummond lives in this country in a way that he can produce the most reputable witnesses to his character, and that I should think will go a great way in directing your judgments; but the Court will tell you, that I cannot call such witnesses, unless the prisoner makes it necessary; but if I do call them, they will shew you that Mr. Drummond is not, nor cannot be the man that the prisoner represents him. Gentlemen, I shall call my witnesses, and if you find this man has made this charge with a view of extorting money, you will pronounce a verdict of Guilty upon the prisoner, and leave him to the vindiction of the law, to be made, perhaps, a public example to a nest of men, who, instead of being the guardians of the public, are by much the worst subjects the King has in his dominions, and by much the worst set of men in this metropolis; so that in future honest men walking in the Park may not meet with these sort of attacks; but however, Gentlemen, your province, to be sure, is only to pronounce him guilty, or not guilty, from the evidence that shall be laid before you; and I know, from the experience I have had of you, that you will give the greatest attention to that evidence, and decide according to your consciences; I ask no more at your hands.

DAVID DRUMMOND , Esq. sworn.

I am a wine-merchant.

Did you ever see the prisoner at the bar? - Not to my recollection; I did not even know him that night, though I had seen him the day before.

Be kind enough to relate all that you know of this matter of your own knowledge, without any hearsay evidence. - Lord Sempill generally has money in my hands, and pays his tradesmen by drafts upon me; he drew a draft for eight guineas in favour of his servant Joseph Lewis , dated the 30th of December, 1785; another for one pound eighteen shillings, in favour of Mr. Thwaites, dated the 11th of January; these drafts had been presented, as it frequently happened, when I was in the room dressing, and I sent the money down by the servant; when I went to the counting-house, I entered the drafts as usual; not being in the counting-house then, I did not take them, and what came of them I do not know; but I omitted to draw the pen through the name, and put them in the drawer to present them at the Bank. About a month ago two drafts were brought to me in my wine vaults.

Court. About what time were the drafts presented and paid? - They were at two different times, and shortly after the times they bore date, within a day or two; they seldom are longer than a day from being presented; those two drafts were brought to me when I was down in the wine vaults; I asked if Joe was at the door, (Lord Sempill's servant) the servant told me no, that two soldiers had brought them; it struck me immediately that Joseph had lost the drafts; I came up, and spoke to the soldiers.

Was the prisoner at the bar one of those soldiers? - Yes.

Was Wetherhill the other? - I cannot say; I could not even have said the prisoner was one of them, if he had not made that attack upon me afterwards; I went and spoke to the two soldiers, and told them I would not pay the drafts; upon which one of them answered, that he did not present them for payment, he said he found them.

Was that said by the prisoner at the bar? - I cannot tell; still thinking that some of Lord Sempill's family had lost the drafts, I went to the compting-house, and wrote upon them, not to be paid; I sent the soldiers to Lord Sempill's, and about an hour after they came back to me, with my Lord's

own servant, John Woollett ; and the servant told me that I must have lost the drafts myself, for they had been paid by me long ago.

Did the servant say you must have lost them yourself, in the presence of the two soldiers? - No, it was in the cellar; I came up to the compting-house, and shewed them the drafts from the books, that they were entered and paid; I told them that the drafts were of no consequence, but as they had brought them home, I gave the soldiers a shilling a-piece for their trouble.

Court. When you first went up to speak to these two men about the drafts, was any body present? - My servant, Thomas Vennell .

Was he present when you sent them to Lord Sempill's? - Yes.

Did they, or either of them, make any objection to going to Lord Sempill's? - No, none.

When did you see the soldier again? - I saw no more of them till the 14th, which was Good Friday.

When you gave them the shilling a-piece, did they say any thing before they left you? - No, my Lord.

Did they make any complaints? - No, not a word; on the 14th, I went down to St. James's Park, about eight in the evening, and walked towards the Queen's House in the Mall; there were a great many people walking at the time, and on returning, there was a noise in the Green Park, and the people that were in the Park crowded to see what was the matter; the noise was a little above where the centry stands in the Green Park; I went up, and found, on enquiry, that it was a man taken in woman's clothes; and upon retiring from the crowd in St. James's Park, in order to go home, the prisoner followed me; he came up to me, and said, how do you do, Sir? I did not know him at all; I asked him who he was, and he said, did not I remember the two soldiers that came with the drafts some time ago.

Court. Had you left the crowd? - Yes; I returned through St. James's Park to go home.

You chose to go through St. James's Park, sooner than the Green Park? - Yes.

Mr. Park. Was the prisoner in his uniform? - Yes.

Court. Did the prisoner follow you? - Yes; I asked him who he was? he replied, did not I remember the two soldiers that came with the drafts some time ago; I answered, yes; but I do not know that you are one of them; upon which he said, I am the one that found the drafts, and you behaved very shabbily, and not like a gentleman, in giving us only a shilling each; I told him I thought it was enough, as I had shewn him Lord Sempill's book, that the drafts were entered, and were of no consequence; that he might have the drafts instead of the shilling. He said that was too little, and he must have more; I told him I would give him no more; but on his still insisting, I put my hand in my pocket, and gave him a shilling, and told him to go about his business; by this time, I had got into St. James's Park; the soldier was still following me, demanding more money; I repeated I will give you no more: he then said, if you do not give me some more money, I will swear an unnatural crime against you, and that you was with me in the Green Park when you lost the drafts; I can swear to your person, from having seen you at your house when I brought home the drafts. I walked on the footpath; I was much alarmed, and left he should have made his threats heard in the streets, I turned towards the Queen's House, by the tail of the Green Park, and stopped almost opposite where the two centinels stand, on the north side of the Queen's House; I told him I had only a half-crown and three sixpences, which I gave him; he said that would not do, he must have more; and then he said, I will go home with you: I told him that I did not know I had any if I was at home, but on his insisting, I then told him,

"Meet me any

where that you please on Monday in particular, and I will give you a guinea," thinking by this means to make him desist, and get rid of him for the present, and bring assistance to apprehend him; finding all these means ineffectual, I told him I was a very improper person to accuse of such a crime, for a reason which I told the prisoner; he still insisted on having more money, and going home with me; I told him then to follow me home at a distance; when we had gone a little way, I saw him beckon to another soldier, and he said, there is a man that I know, he will go with us; I replied, you may bring whom you please. When I came to the end of Sackville-street, in Piccadilly, I told him to stand by the wall of St. James's Church-yard, while I went home for the money; in place of doing that, he followed me home to the door, and I came out, and gave him two guineas a little way from the door in Sackville-street: he then said, when shall I call on you for more? I told him I had given him too much; he still said he would call again; I then said, meet me at the Green Park-gate at St. James's Park on Monday night at eight o'clock, and I will give you another guinea; with the same intention I have said before, of apprehending him; and I made a point to consult my friends what I should do; the prisoner said, Sir, be sure to keep your appointment, or I shall call in a few days. Early the next morning, I went to Lord Sempill's house - Court. Properly speaking, we cannot hear from Mr. Drummond any thing that he said or did. - On the Monday evening I went to the place of appointment, and took with me Mr. Morant, an officer from Bow-street.

What passed between you and the prisoner at the bar when you met him on Monday night? - It was some time after eight before the prisoner came; he came up to me, and asked me, in the same manner, how do you do, Sir? I said I was very well; he said; do not you recollect me; I said I had good reason to know him; that I knew him perfectly well, that he had used me very ill, and he said in what, I said in threatening to charge such a crime against me, and extorting money from me by those threats; the prisoner upon that said, he had been at my house on Sunday; Mr. Morant came up, and took him into custody; when we went to the bottom of St. James's-street, he asked me to let him have a coach, and not send him to the spunging house; I said you are going to Sir Sampson Wright's, and he may send you where he pleases; he replied, then he may send me to the devil.

When was you examined at Bow-street? - On the Tuesday.

What did the prisoner say for himself at Bow-street? - As nearly as I can recollect, he said about two months ago, he was standing in St. James's Park, by the rails of the two Parks, that I came up to him and asked him what o'clock it was.

Court. Is the examination taken and returned of the prisoner in writing? - Yes.

Was it signed by him? - Yes.

(The examination sent for from Bow-street.)

Court. Have you told us all you know excepting the examination of the prisoner? - Yes.

Is there any counsel for the prisoner? - No.

Then I will ask Mr. Drummond one or two questions. When the man first told you that if you did not give him more money, he would swear an unatural crime against you, what was the impression that it made on you? - I was very much alarmed indeed, I hardly knew where I was going, or what I was about for some time, having heard of several things of that kind before, it struck the more terror into my mind.

What was the immediate mischief that you apprehended? - I thought he would take me into custody, and swear against me that crime.

There were a number of people in the Green Park? - Yes.

Did it occur to you to return back to that crowd of people, or to apply to the

centinels, or any person for assistance? - If I could not have got rid of him by fair means, so as to get quit of him that night.

What was the reason of your turning to the Queen's house, instead of turning homewards? - I was afraid he would have made an uproar in the street, or have seized me there.

Did it not occur to you, that in the street, you might easily have procured assistance? - I thought he might have seized me in the street, he being a much stronger man.

Then you had an apprehension in your mind of immediate violence from him, if you did not give him what he required? - Most undoubtedly I had.

Under what apprehension was it that you gave him the four shillings? - To get quit of him.

But what apprehension if you did not? - I cannot exactly say, I was really in terror, I thought he would do something to me if I did not.

Have you any kind of recollection by what means these drafts could have been lost out of your possession? - No other way than by putting them in my pocket in my own room, and as I frequently went to the Green Park, to the Park-keeper's house, and drank some milk of a morning before breakfast; I know of no other way that they could be lost.

Mr. Garrow. That is on account of your health I believe? - No, Sir, I am very fond of walking in a morning, I used to go very often, I am generally pretty much confined in the day, and I like to walk in a morning.

I think you said your servant was present, when you first spoke to the soldier about the drafts, and you sent them to Lord Sempill's with the drafts, and that my Lord's servant came back? - Yes.

Should you have any recollection of the other man that came with the prisoner? - No, I knew him when I saw him at Bow-street.

Court to Prisoner. Put your questions to me, and I will ask the prosecutor, if there is any thing I should ask him.

Prisoner. No, not particularly, only to speak for myself; I wish that Wether-hill, the other soldier, should be called.

Court. He is here I understand, and if he is not called for the prosecutor, you certainly have a right to call him yourself.

THOMAS VENNELL sworn.

I am servant to Mr. Drummond, I recollect about a month ago, two drafts being brought to him by two soldiers, they knocked at the door, I opened the door, they asked if Mr. Drummond did not live there, I told them he did, they gave me two notes, and I took them to Mr. David Drummond , who was in the wine-vaults; Mr. Drummond asked me, if Lord Sempill's servant was waiting for them, I told him no, two soldiers brought them; Mr. Drummond came up, and asked them how they came by them, they said they found them in the Green Park; Mr. Drummond wrote upon them, but I do not know what he wrote, and sent them to Lord Sempill's; I recollect the prisoner was one of them very well.

How soon did you see the prisoner after? - Last Sunday was a week, which was Easter Sunday, he came with a note, and asked if Mr. Drummond was at home; I asked him which, Mr. William, or Mr. David; he said, you remember my bringing two notes with a soldier some time ago; says he, it is him that I want; says I, he is not at home, and may not come home all day; says he, then you may take the note to his brother; says I, it is not his brother but his uncle; says he, take it to him; I said his uncle has no business with his notes; but I took it up stairs to him, to satisfy him; but I did not give it to Mr. William Drummond ; I came down and told him my master did not know any thing about it, unless Mr. David was at home, he said he would wait till Mr. David Drummond came in; he staid about ten minutes in the passage, and he said it would not look well

for him to wait there, he would go to the publick house, and have a pint of beer, and he asked me to lend him a shilling, he said he had no money; I told him I had no silver; about five o'clock I was sent out of a message for my master, and when I returned, he had been there; but about eight, or between eight and nine, he came there again, I opened the door to him, I told him he would be at home about eleven; he promised to come again at that time, but he never came.

When he desired you to give the letter to Mr. Drummond's uncle, what did he say? - He said he wanted some money, and he thought the uncle would give it him.

Court to Prisoner. Do you wish to ask this witness any questions?

Prisoner. No my Lord, all is right that he says.

Court to Witness. Did they say how they found them in the Green Park? - They said some time ago, they did not say what time, nor in what manner.

Did either of them say any thing, or make any objection to go to Lord Sempill's? - No, they desired Mr. Drummond to write upon them to let Lord Sempill know that they had been there with them.

Then they did not make any objection to go, or say it was unnecessary, or any thing of that sort? - No, one says to the other, do you think you have time to go, that was all that I heard.

Lord Sempill's servant came back with them? - Yes, I saw Lord Sempill's servant and the two soldiers in the yard, but I never spoke to them.

JOHN WOOLLETT sworn.

I am servant to Lord Sempill, I recollect seeing the prisoner at the bar, he and another soldier came to my Lord Sempill's, and asked if that was not Lord Sempill's, I said yes, I came down to the area, they asked if one Joseph Lewis did not live there, I said yes, they then told me they had found two drafts, one for Joseph Lewis , I asked them where they got them, they told me they found them in the Green Park; I asked them who sent them there; they said, they had been down to Mr. Drummond's in Sackville-street, and that he sent them; while I was talking with them, Joseph Lewis came in; I told them the drafts were of no use to any body, I knew the drafts had been paid, and I asked Lewis if he knew any thing of it, he said yes, it was paid, I told him the other I paid myself to Mr. Thwaites; I went up to my Lord, and asked him if he knew any thing of it; my Lord was going to write a note, and he said to me, you may as well go down to Mr. Drummond, and the soldiers went with me.

Did any conversation pass between Mr. Drummond and you in the presence of the soldier? - No, but as I was going with the soldiers to Mr. Drummond with the drafts, I asked them when they found them, they said, about six weeks ago, I said how came you to keep them so long, they said they thought they were of no use.

Did you ask them at all, or did they tell you at all in what manner they found them? - No, no particulars, only generally, that they found them in the Green Park, and I asked them how they found out Mr. Drummond's, they told me they had been down to Mr. Drummond's at Charing-cross, and that they directed them to Mr. Drummond's in Sackville-street; going on, one of them said he thought it was very odd there was no mark across them that they were paid, I said that did not signify, I was sure they were paid; when we went to Mr. Drummond's, he came upto the compting house, and examined the books, and there he found them entered, he had not made any cross to them, he shewed it to them, and said it is entered here; they stood close, then Mr. Drummond took out two shillings, and gave them one shilling each.

Did they make any complaint? - Nothing, I never heard them say a syllable, I saw no more of them, till I saw the prisoner at Bow-street.

Court. In all the conversation that you had with these two men about these drafts, did either of them mention any knowledge of Mr. Drummond, or having ever seen him anywhere before they carried the drafts? No, my Lord.

Did either of them express any desire of speaking to Mr. Drummond in private? - No.

THOMAS WETHERHILL sworn.

Court. Before you examine him, ask Woollett whether this is the person that was with the prisoner? - Yes.

Court. Let the examination be read first which was returned from Sir Sampson, and let Wetherhill step out of Court; this is the original examination, but it should have been signed by the Justice; is there any body here that was present when the prisoner signed this examination? - Yes.

Who brought this from the office? - Mr. Allen, who is the clerk at Bow-street.

JAMES ALLEN sworn.

I am an assistant clerk.

Court. Pray, what is the reason that you did not prepare a regular examination? - There was the information returned

But was there any examination of the prisoner returned? - I do not recollect that it was; I can answer for that being signed there in that book by the prisoner.

Court. The deposition of Wetherhill, taken before the Magistrate, is signed by the Magistrate, we read it as a paper under the signature of the prisoner, which, as against him, may be read; but that does not make the proceedings of the Magistrate regular; it is proper to mention that before the clerk, whose duty it is to take care that these parts of the Magistrate's duty are regularly performed.

Court to Allen. Is this what the prisoner said at Bow-street, and did you take it down yourself? - It is just as he said, word by word; I wrote it myself as he delivered it, I saw him sign it.

Did you read it over to him? - It was read by me to him before he signed it.

Prisoner. No, it was not read first.

Was it read to him? - It was.

Did he make any objections to it? - He was asked if there was any thing wrong in it, and he said it was all truth; it was brought there and signed.

Court. You may read that, if it is desired on either side.

(Mr. Garrow and Mr. Park look at it.)

Mr. Garrow. I do not see that it is material to read it.

Court. Unless it is called for, I do not see it is necessary, because the prisoner will have an opportunity of making his own defence.

( Thomas Wetherhill called in again)

Mr. Garrow. How long have you been a soldier in the Guards? - Four years and a half; I was a drummer some time.

How long have you been a soldier, distinguished from a drummer? - Three months ago.

Do you remember going to Mr. Drummond's in Sackville-street at any time with two drafts? - Yes.

When was it? - At the time I was at the recruit-house learning my exercise, after I had inlisted as a soldier.

Who went with you? - The prisoner Harwood.

What did you go for? - To enquire about the notes that I had found.

When had you found them? - I found them six months before I was a soldier; I had them by me all that time, I did not think any thing about them; I shewed them to the prisoner, and asked him what he thought of them? he said he thought if he had coloured clothes, He could draw the money; I told him I would not think of any such thing, but that if he pleased he might go with me to Mr. Drummond's at Charing Cross, and enquire about them, and he appointed the next day, but he did not come till about a week after.

Where did you both go to make the enquiry first? - To Mr. Drummond the Banker at Charing Cross, and he directed us to Sackville-street; we went both together; we saw the servant first, and he

went and carried the notes to Mr. Drummond, and he came out and told us to go up to Lord Sempill's, and ask him about the notes, as the notes came from one Lewis, his servant. We went there, and saw the servant; we were to go and enquire of them how they had been lost; we saw Mr. Drummond before we went, and he wrote down directions where to find my Lord, and wrote upon them, not to be paid.

Did the prisoner go with you to Lord Sempill's? - Yes.

You were informed there that the drafts had been paid? - Yes.

Who went back with you to Mr. Drummond's? - The servant of my Lord, and the prisoner.

Do you recollect any conversation that passed, as you was going along? - I told the servant I found these notes in the Park.

Did you tell him how long before you had found them? - I cannot recollect that.

Tell us, as well as you can recollect, all that passed, in your way to Mr. Drummond's? - We did not say any thing to the servant hardly, excepting telling him we found them in the Park; when we came back to Mr. Drummond, we went up stairs to the compting-house, and he looked over the books, and found the notes had been paid, and gave us a shilling apiece for our trouble.

Did you and the prisoner go away? - Yes.

Did you make any complaint, or say any thing else? - No.

You expressed no discontentment? - No; then we went to the sign of the Madman in St. James's street, and there we had a couple of pots of porter, and then I parted with him.

At that time had you ever seen Mr. Drummond before in your life? - No, not to my knowledge.

Did the prisoner claim any acquaintance with Mr. Drummond? - No; he said to me that he had never seen him before.

Did he say so expressly? - Yes.

Are you sure of that? - Yes.

Was any person with you at the time you found these notes? - No, I was by myself, in the Green Park.

Did you know the prisoner at the time you found the notes? - Yes, I have known him for a year or two.

Did you ever see Mr. Drummond again till after the prisoner was in custody, upon any occasion whatever? - No.

Had you ever any conversation with the prisoner about Mr. Drummond, or about his character? - No, never at all.

Had you seen the prisoner after that day you was at Mr. Drummond's, till he was taken into custody? - I never saw him till yesterday.

Did not you see him at Bow-street? - No.

Court. You was with Harwood twice at Mr. Drummond's house about these drafts? - Yes.

Which of you conversed with Mr. Drummond? - Harwood; I told him to converse with him, because I have an impediment in my speech; the second time, I believe neither of us spoke a word to Mr. Drummond; he told us the notes had been paid.

You had full opportunity then, both you and particularly Harwood, who talked to Mr. Drummond, to know him? - Yes.

Did the prisoner, after you left Mr. Drummond, either of the times, or at any other time, express any intimation that he had seen Mr. Drummond before? - No, Sir; he spoke of him as a person that he had never seen before.

And that after the last time you had seen Mr. Drummond? - Yes.

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

Reference Number: t17860426-11

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 26th of APRIL, 1786, and the following Days;

Being the FOURTH 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 IV. 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 Jonathan Harwood .

Prisoner. Wetherhill was learning his duty, he came to me and asked me if I would go with him, he said he had been in the Park with Mr. David Drummond ?

Wetherhill. That is false.

Prisoner. Did not you tell me that you had got Mr. Drummond's pocket handkerchief, as well as the two notes, it was marked D. D. you know it very well; it is no use in denying it? - No.

Prisoner. It is very hard that one soldier should speak so much against another.

Wetherhill. I told you yesterday I would speak nothing but the truth.

Prisoner. Speak the truth? - I do.

Court. Then you never told him what he has now said? - I never did.

Did any thing further pass between you and the prisoner; what passed between you and the prisoner yesterday? - I saw him yesterday morning, he shewed me a paper that he had wrote down, and asked me whether I thought it best for him to say it, and if I would say as he said; I shook my head, and told him I would say nothing but the truth; there was a woman went in along with to me see him, I do not know who she is, she was present and all the prisoners in the place.

MOSES MORANT sworn.

I am an officer of Bow-street.

Do you recollect going with Mr. Drummond in the Park any time lately? - Yes, I saw Mr. Drummond at the office, I had no warrant, I was ordered to go to the sign of the Goat, to wait there till I was sent for, that was in consequence of an application from Mr. Drummond; I was ordered to come there again at seven on Monday evening, I went at seven, I saw Mr. Drummond, he desired I would walk into the Park near the new iron rails, next the Green Park, and there to remain till he came into the Park, and to keep my eye upon him when he came in, I told him I did not know that I should know him, but when he first came into the Park, to go strait across which he did, he walked near twenty minutes, he crossed me again, and said he would go into the stable yard, he returned again, and as soon as he came back by the rails, I saw Mr. Drummond and the prisoner at the bar together, I then made up to them as soon as I could, and Mr. Drummond said, says he, you have extorted money from me by threatening me; I then told the soldier he was my prisoner, I must take him before a magistrate;

the soldier answered me, he was not a gentleman, he was sure he would never use him so, to take him into custody; he then walked on through the stable-yard by the guard-house, and the prisoner said, do not go near the guard-house door, accordingly we came into St. James's street, and then I had a coach; the prisoner asked me where I was going to, and I said to Sir Sampson Wright's; the prisoner then said he does not mean to swear a robbery against me does he? he should consider me, my pay is but very low.

Court to Prisoner. Do you wish to ask the officer any question? - No.

The Rt. Hon. Lord SEMPILL sworn.

I am acquainted with Mr. Drummond; on Saturday morning, I think about eight o'clock he came to me, and was in great distress, and asked my advice, I told him.

Court. We cannot permit you, my Lord, to relate the particulars of that conversation, as the prisoner was not present.

Mr. Garrow. I have done.

Court. Now prisoner, this is the proper time for you to state what you have to say in your own defence; you know what the charge is against you, and you have heard the evidence.

PRISONER's DEFENCE.

Please you my Lord, in the month of February, I was coming through St. James's Park, and I met Mr. Drummond, and he said to me, soldier what is it o'clock? that was the word he said to me, I told him I did not know; he then asked me to stop, and asked me if there were any common women in the Park, I told him I did not know; he told me to look for one, but I would not; then he unbuttoned his breeches and at the same time attempted to take hold of my breeches, and I began to make a noise, I said oh fie! Mr. Drummond; he put some silver into my hand, and left me; I saw no more of him till I went with the notes, and then I saw no more of him, till there was a disturbance in the Park, and then I said, Mr. Drummond, Sir, how do you do? says he, do you know me? I said, Sir, I went to your house, and do not you recollect ill-treating me so in the Park, about two months back? he said yes; and he desired me to make no disturbance, and he gave me one half crown and three sixpences to make no disturbance, and I went to him to his house, and he gave me two guineas; he desired me to meet him on the Monday night, and he would give me another guinea; I was on duty, and I wrote him two notes to let him know I could not meet him; when I came into the Park to get the guinea, this gentleman was with him, and took me up for saying I should swear an unnatural crime to him, which I never mentioned any such words.

Court. Have you any witnesses to call? - I have no witnesses, there was nobody but our two selves.

Have you any body to give you a character? - No, I have no friends in town.

Mr. Garrow. My Lord, I wish to call witnesses to contradict this.

Court. I do not see that there is any charge against Mr. Drummond but the prisoner's defence; and that is unsupported by any evidence but the prisoner's own allegation.

Court to Jury. Gentlemen, the nature of this robbery being an uncommon one, has been stated to you by the learned counsel, who opened the prosecution; and it differs from the common generally received idea of robberies in this; that in these cases, no personal violence is actually used, nor is there any immediate threat of bodily harm, which are circumstances that in common cases constitute highway robberies; when, therefore, the first case of this sort occurred in a court of justice, considerable doubt was entertained, whether an indictment for a highway robbery (which implies the idea either of actual force, or fear, as it was generally understood, of life, or bodily injury) whether an indictment for that offence could be supported by circumstances, similar to those which are now in evidence before you, and charged

on the prisoner; on the first case of that kind it was reserved for the solemn opinion of all the Judges, upon a question of law being a subject of great importance; for on the one hand it was of consequence that the law should not be improperly stretched to a case to which it did not apply; on the other hand the publick was concerned in the punishment of a crime, which, if not a highway robbery, was certainly not of a less magnitude. The Judges were unanimously of opinion, that upon the principles of law, and former decisions, it did sufficiently come within the law to constitute the offence of a highway robbery, and that that terror, and apprehension of mischief, following the refusal of money, though not a threat, or actual violence in the person, was yet a sufficient threat in point of law, to constitute the offence by putting in fear; therefore under that description, and considering this fear, as coming within the meaning of the law, it was unanimously determined on that occasion, to be a highway robbery in point of law: upon that the prisoner received judgment; but being the first case, it was not carried into execution. Another case has occured within my knowledge, in which a prisoner was convicted and executed for that offence. In considering this question it becomes of considerable consequence, because the life of a prisoner on the one hand, and the character of the prosecutor on the other, in a point not less valuable than life, are materially affected; therefore I have no doubt, that you have paid that attention which the nature of this case requires; and it is the more necessary, because the cases are generally to be decided, and the truth come at, more by minute circumstances connected with the conduct of the parties, than by the direct allegations of the parties either of the one side or the other; for the prosecutor who comes to charge this particular kind of highway robbery against the prisoner, certainly comes with so strong a bias on his own mind, and with so great an interest in the verdict, that it is fortunate for justice, and the prosecutor himself, where circumstances occur, so far to remove that sort of doubt from the case, which otherwise would rest upon it, if it stood on the prosecutor's own oath, standing on that situation, whatever the character of the prosecutor may be. You are therefore to consider, whether you can make out circumstances from the testimony of other witnesses, and from clear and indisputable facts, to remove all darkness from a case that is frequently involved in great obscurity. Mr. Drummond is the first, and from the nature of the case, the most material witness. [Here the learned Judge repeated his evidence, and added] With respect to the impression of the prosecutor's mind, it will go the full length, and rather further than the case I mentioned to you, and there cannot be the least doubt in point of law, that this charge made by Mr. Drummond, is sufficient to support the indictment; and Mr. Drummond's conduct is a proof how difficult it is to judge properly at the moment; most undoubtedly he was led to give the money through fear, which was the most indiscreet thing he could have done; for giving way to the first attack of this kind obliges the party either to lay under perpetual contributions to people of this sort, or make the complaint under greater disadvantages; and it is always a disagreeable situation to fall into; but it is a situation to which men with the best intentions, and the most reputable characters may fall under such an accusation; therefore, the mere circumstance of yielding to the impression of fear in the moment, ought not to carry the presumption of any thing like guilt in the party: the indecent conduct is disproved, independant of the prosecutor's evidence; not only by the evidence of Wetherhill, but this going to Lord Sempill, was an additional proof that they did not know Mr. Drummond before; if therefore you believe the prisoner obtained this money from Mr. Drummond by those threats, and that he delivered it under the impression of fear, which he has stated, from fear of injury to his character, of being apprehended for a capital crime, or from an apprehension of personal violence; in that case, you will find the prisoner guilty: but if you can conceive the smallest ground for supposing there is any truth in the story of the prisoner, which would give any colour for his applying for money; or if you have any doubt of the truth of Mr. Drummond's story, in that case you will acquit the prisoner.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Court. Mr. Drummond having been under the painful necessity of bringing forward such a prosecution, it certainly is but justice to him to say, that his character is free from the smallest degree of imputation whatever; and there cannot be a shadow of doubt on any man's mind on the subject.

Reference Number: t17860426-12

330. WILLIAM WATTS was indicted for burglariously and feloniously breaking and entering the dwelling-house of Amey Ellis , about the hour of nine in the night, on the 15 th of March last, and burglariously stealing therein one tortoiseshell snuff-box, mounted with gold, value 5 l. a chintz counterpane, value 30 s. a petticoat, value 20 s. a flounced ditto, value 2 s. two dimity ditto, value 4 s. one gown, value 10 s. two frocks, value 5 s. one muslin ditto, value 3 s. two cambrick frocks, value 8 s. a muslin apron, value 7 s. two napkins, value 2 s. twelve clouts, value 4 s. and a linen table cloth, value 1 s. her property; and two breast-pins, value 1 s. one silver groat, value 4 d. one gown, value 20 s. two muslin caps, value 2 s. one bedgown, value 2 s. two petticoats, value 10 s. one flannel ditto, value 1 s. one stuff ditto, value 4 s. one apron, value 1 s. two muslin aprons, value 5 s. two cloaks, value 5 s. one beaver ditto, value 1 s. five handkerkerchiefs, value 5 s. three lawn ditto, value 3 s. four pair of dimity pockets, value 4 s. one patch counterpane, value 4 s. the property of Anna-Maria Cambrook .

AMEY ELLIS sworn.

I live by the Hatchway at Hackney . On Wednesday the 15th of March, at seven in the evening, I left my house; I left nobody at home, I did not fasten it; I returned at a quarter past ten, and found the door bolted on the inside; the door was left double locked; my servant went round to the back part of the house, and let me in; her name is Anna- Maria Cambrook ; when I went in, I found the things separate about, and in great confusion, and a bureau broke open, which stood in the kitchen; I missed a great many things which stood in the kitchen; and from the one-pair of stairs, and the room even with the kitchen; we did not search after any body; on the Saturday morning I was acquainted it was in the papers, and I went to the office in Whitechapel, and saw the things.

How happened it you did not go sooner? - I found so much difficulty and trouble attending; it is what I have never been used to.

What was the reason you did not give information sooner? - I do not know; I cannot give any reason.

Did you alarm the neighbours at all that night? - Nobody but this gentleman, who lived next door to me.

After the Saturday when you gave information, were any of the things found? - The prisoner was in custody when I went to the office in Whitechapel.

ANNA- MARIA CAMBROOK sworn.

I live in the house with Mrs. Ellis; I went out with her, and all was secured; and I fastened the two bolts of the back door, and I double locked the street door; all the windows were fast when I came home; the front door was bolted; when I went to the door of the next house, and went through the next house, I found the back door was wrenched, and wide open; the two staples that fastened the bolts were wrenched off. When I went into the

house, I found a great many papers about the ground, and a table-cloth was dropped, and I also picked up a gown and petticoat that were dropped against the bed-room door; and there was a box of mine broke open, and a bureau of my mistress's; almost all my clothes were lost; they were all found together.

ESTHER WILKINSON sworn.

I live the very next door; they came through my house, the lady and all of them, to go into their house; I heard nothing before; I was the third person that went in, and I found all the things in confusion, and I was frightened, and returning home, I found this box dropped in Mrs. Ellis's yard, by my water tub; there is no fence between the two yards; I am sure this is the same box I found; there is Mr. Ellis's picture in it.

JOHN ROBERTS sworn.

On the 15th of March, between ten and eleven, I was going down Brick-lane, and I saw the prisoner coming along with a bundle; Brick-lane is one part in Spital-fields, and one part in Whitechapel.

Is that one way of coming in from Hackney? - Yes; I asked the prisoner what he had there; he said, it was a bed wrapped up in a blanket; I asked him where he brought it from; he did not give me any answer at first, but afterwards he said he brought it out of Barker's-yard, and was going to carry it into George-yard; he desired me not to stop him, because his wife was down-laying, and he owed a little rent, and was going away; and I insisted on seeing what was in the bundle; I took him to the Rotation-office, and there I looked over the things; I found it was not a bed; I took him over to the watch-house; the bundle contained the things now produced. I searched him; he said I might search him and welcome, for he had nothing but his own property about him: when I searched him, I found these three pins and these three pieces of silver; before I opened them, I asked him what he had there? he said, there were some pins, a shilling, and some halfpence; I found these things in his waistcoat-pocket after I stopped him; he brought the things a little way, and he would not carry them any further; I got this young man to assist me.

What did he say? - He said he was hired to carry them as a porter.

Was what he said, before or after you searched him? - After I found what the things were, he said he was hired to carry them.

Mr. Garrow, Prisoner's Counsel. Did not he tell you that those things had been given to him by the person that had hired him, as a satisfaction for his labour? - I do not remember it.

Did not he give the account I mentioned? - I do not know.

What conversation had you with him about half a guinea? - I do not remember any thing of the kind.

Did not you say, that if he would give you half a guinea, you would let him go? - I never did.

Prisoner. Mr. Roberts, did not you ask me for the half-guinea, and I told you I was a poor man? - My dear friend, you told me you was a poor man, and was going to move the bed and things, because your wife was down-laying.

HENRY BUTTERIE sworn.

I was in company with Roberts when he apprehended the man.

What did the man first say? - He was carrying a bed.

What did you find the bundle to contain? - The things that are here.

Did Roberts offer to let the prisoner go, if he would give him half a guinea? - No, there never was such a word mentioned; I was present all the time; I carried the bundle to the Rotation-office.

(The Snuff box deposed to by Mrs. Ellis.)

(The Pins and piece of Silver deposed to by Anna- Maria Cambrook , and the large silver Piece, which she had had about nine months, and which her mistress gave her.)

Mrs. Ellis. I know it, I gave it to her; it is the same I gave her. This chintz

counterpane was in a box in the diningroom closet.

PRISONER's DEFENCE.

About a quarter after ten, I was called out of a public house; I was there from half after four, I never quitted the house; a man asked for a porter, and the boy at the public house told him of me; he called me out; the man asked me if I was a porter? I told him yes; I immediately went in and fetched out my knot; I went with him, and by the French church, Spital-fields, another man stood, and they put a bundle on my head, and bid me go into Whitechapel, and they would take it themselves; and when I got about five or six yards, one of them came in between the wall and me, and said, young man, we neither of us have any money, but you will find something in this paper that will satisfy you, and immediately put it in my right-hand waistcoat-pocket, and being confused, I did not know what to say when I was stopped; they said it was a bed, and so I said the same.

Court to Roberts. Tell me distinctly what the prisoner said with respect to those things that you found in his waistcoat-pocket, in the paper? - When I took them out, wrapped up, I asked him what they were, before the watchman in the watch-house; he told me they were some pins, one shilling, and some halfpence.

Mr. Garrow. You did not find any crow, or implement of house-breaking upon him? - No, I did not.

What did he say before you searched him? - He said he had nothing but his own property in his pocket; he said I might search him and welcome; he did not make any objection to being searched.

(The Prisoner's Witnesses called separately, by order of the Court.)

ELIZABETH JONES sworn.

I keep the Black Horse, George-yard, Whitechapel.

Court. Now, Mrs. Jones, before you are examined, I give you a caution; be very careful in what you say, speak nothing but the truth; you may depend upon it, that if you transgress the truth, you will be discovered; we have certain means of discovery, and if you are, you may depend upon it you shall not escape punishment; I give you fair warning; I do not wish that any witness should be trepanned; therefore speak carefully; if you speak the truth, you have nothing to fear.

How long have you known the young man at the bar? - I have known that young man for seven months; he has used my house from Christmas; he is a porter from Billingsgate, and he has been out of business and employment, and no settled place; latterly, he has been a jobbing porter.

Do you remember seeing any thing of him on the 15th of March? - The 15th of March, he came in about four in the afternoon, with his knot on his shoulder; that was a wet day; his wife happened to be out; he said, well, now I am come, for my comfort I have the key of the street-door; I said, never mind, sit down and dry your clothes; he staid till nine at night, and then he and two more men supped off of twopenny and toast and cheese.

Do you know these two men? - Yes.

What are their names? - James Pike and James Jones .

Court. Was it toasted cheese? - No, Sir, Cheshire cheese, to the best of my knowledge it was; I brought them a great bowl to put the toast in; they had sugar, but no nutmeg. Some time after supper, his wife came in with a plate of cold meat that she went to the cook's shop for, and she called for a pint of beer, and asked him if he would have any? and he said no, he did not want any, he had had a very good supper; that was between nine and ten; and while she was eating her cold meat, he then said to his wife, Polly, says he, make haste, for we keep Mrs. Jones up; I looked at the dial, and said, no, Mr. Watts, you do not, for if nobody was in the house, I should not shut up till eleven; it was then near twenty minutes after ten, if not half an hour. After she had drank her first

pint of beer, she called for a second pint, and it was after that, that he bid her make haste; that made me be so particular to the time, or else I should not have noticed it: then they called for the other pint after that.

Who called for it? - It was his wife; she said, Bill, if you can drink a little beer, we will have another pint, I have had nothing all day.

Where were the other two men that supped with him? - They were there also, for they lodged in the house; they were not out of the house at all, nor the prisoner was not out of the house from the time he came in; they staid all of them; they never went to-bed till I shut up my house; they were all of them with the prisoner in the same box, and the prisoner's wife eat her supper in the same box.

Were here many other people in the same box at this time? - Only them three together, and the wife with them.

Were these men at home all the afternoon? - They were in the room when the prisoner came in; Pike was mending his harness, he came in about half an hour after the prisoner came in, in the afternoon; he had his harness on his shoulder, he is a coachman; Jones was in the tap-room when the prisoner came in, for he was not well, and not able to work, and he was at home all day; he has no where to be, but about the house.

What liquor had the prisoner from four till nine? - He had one pint of beer; he had no more till they joined in company, then I believe they had three or four pots of twopenny and toast at supper; but he had only one pint before supper.

Had Pike and Jones any drink when they came in? - I cannot recollect that; these three men did not join company till they went to supper together.

Were they acquainted before, the prisoner and these two men? - No, not particularly acquainted; they had met together in the house before, they knew one another.

Was your husband at home? - He was not very well that night, and was gone up to bed.

What time did he go to-bed? - I take it he went up to bed at the time they were at supper; he says the bowl was on the table when he went up.

Did he take a bit with them before he went? - No, Sir, he did not eat with them, nor drink.

Did you sup with them? - No, Sir.

Nor drink? - I never touched it, upon my word.

Did not you sit down, and eat a bit with the wife, to keep her company when she came in? - No, Sir, I did not; I never sat down with any of them, nor eat nor drank with any of them; I was minding my business.

How came they to have no nutmeg to this toast and ale, because that is a necessary ingredient? - They had none, Sir; nutmegs are too dear now, they are sixpence a-piece, they are too dear to give away.

Had you none in the house? - No.

Had they any spirits? - No, no spiritual liquors.

Had they no gin? - No.

Nor rum-punch? - No.

What time did they go away? - Mr. Watts went out of my house, a little boy fetched him out, about half after ten, soon after the conversation about his not keeping me up; I saw no more of Watts.

How long did his wife stay after that? - She stopped a little bit, and then she went, she took her beer in her hand, about a quarter of a pint.

Recollect now, whether she did or not? - I think she did, to the best of my knowledge.

Are you sure, one way or the other? - I think the took it in her hand; they live but over the way, and I suppose she took it home; there was not more than a quarter of a pint left.

Might she not as well have swallowed that, as taken it away with her? - I cannot say.

What became of the two men that were in company? - They were left behind, they never went out of the house.

Did the prisoner's wife and these two men continue in company together after the prisoner went away, till the wife went away? - Yes, she went out soon after.

But till she went out they continued in company, only the prisoner leaving them? - Yes.

How soon after she went away did you shut up? - About a quarter after eleven, I saw no more of none of them after that.

Was there any body left in the house, after the wife went away, except your lodgers? - I am not able to say that, Sir, but I know we were in bed very soon that night.

Was there any body in company with Pike and Jones after? - No, Sir, they never had any thing to drink after, nor fell in company with any body after, but went up stairs to bed when I shut in.

How long had Pike lodged with you? - About seven months, or there about.

How long had Jones lodged with you? - About a year and a half.

What house did you keep before that? - I lived in Newcastle-street, Whitechapel, I kept this publick house between seven and eight months.

Is it licensed in your husband's name, or in any other? - In my husband's name.

What is James Jones ? - He is a hackney coachman, both he and Pike are coachmen.

Did Pike come to lodge with you as soon as you came to this publick house? - Yes, his coach and horses stand in our yard now, they came to stand there about the time we came there, within a week or two; Jones has no coach and horses of his own, he is only a servant.

Does Pike keep more than one coach do you know? - No, only one, my husband used to drive for him before we took that house.

What part of the house did Pike lodge in? - In the two pair of stairs front room.

Where did Jones lodge? - He at the time laid in the one pair of stair back room, but now they both sleep up two pair of stairs.

Had they lodged in the same rooms from the time you came into the house, it had they changed their apartments? - They never changed their apartments before this, till within this fortnight or three weeks, Jones has gone up to Pike's room, they have lodged together in different beds, there are three beds in the room that Pike lays in.

Were there any other lodgers in the room? - Yes.

Who lodged in the room with Pike at the time this happened in March last? - There was a lad lodged there in the same room with Pike at that time, his name is William Clarke , he laid along with Pike, and my own child laid along with James Jones .

What time did William Clark come in the afternoon? - He drives a coach, but not Pike's, and it is uncertain as to his coming in, the boy never was at home while I was up.

Who sat up for him? - Nobody, he had a key to let himself in.

Did Pike go to bed much about the time you went, or before? - Much about the time.

When did you hear that Watts was taken up? - The next morning about eight o'clock my husband came up and informed me.

When did you see him afterwards? - I did not see him at all, I was ready to go, and they would not suffer any body to go up; they were to run and fetch me proviso I was wanted, I sent word that I would come if I was wanted, and they would not let any body in; both Pike and Jones went up to the office in readiness.

Who did you send up word by? - By Pike or Jones, one of the men that uses the house.

Was it Pike or Jones, or was it any body else? - It was some of them that went up.

Who are them? - It must be Pike or Jones, I think it was.

Who came and told you they would not let those people up that were there? - Why the men Pike and Jones, they came back together, and said they would not suffer any body to come up stairs.

Is your husband here? - No.

Has he recovered his illness? - Yes.

Why did not he come here? - I did not know he was wanted.

Mr. Garrow. Do you know who the little boy was that came to call the prisoner? - He leads two blind men about.

Do you know his name? - His name is Sam, but I am sure I do not know his other name.

Is he here? - No.

Did the boy tell the prisoner what he wanted with him? - No, he said there was a man wanted him at the door, he said that and no more.

Did they go out together? - No, Mr. Watts stopped a bit after the boy went out.

Did Mr. Watts take out his knot with him, or did he come back for it? - His wife came back for the knot, it was under the bench.

How long was he out before his wife came back for the knot? - I imagine it may be five minutes, she came back directly.

Did they go out together? - No, he went out first, then she followed him with that drop of beer I have mentioned, and then she came back and fetched the knot.

You are sure it was the wife that fetched the knot? - Yes, Sir.

You particularly remember that, it was a remarkable circumstance? - Yes, Sir, I am very sure.

Did she say where he was going? - No, any further than she said did my husband leave his knot here, Mrs. Jones? and I said, yes, Mrs. Watts, it is under the table, or under the settle or somewhere there; she found it under there.

Who handed it to her? - She went and looked for it herself.

Did they get up for to let her get it? - No they did not, she took it out herself, she took the candle from the fore door.

JAMES PIKE sworn.

What are you? - I am a coach master, I keep a coach of my own.

Court. How many coaches do you keep? - Only one

Where does it stand? - At the Black Horse in George yard.

How long has it stood there? - About eight months.

Who kept the house when it first stood there? - Mr. Jones kept the house.

Where do you lodge? - At Mr. Jones's, I have not lod ged there above four months.

Then you did not come to lodge there when you first put your coach in the yard? - No, not till four months after.

Do you drive your own coach? - Sometimes.

Who drives for you when you do not drive yourself? - One Thomas Robjohn drives for me.

Has he always driven for you when you do not drive yourself? - Yes, my Lord, only one day I was obliged to send another man out.

When these people went to the Black Horse you took your coach and horses to stand there? - Yes.

And about four months ago you went to lodge there yourself? - I have known them a great many years.

How did you get acquainted with Jones? - His being a hackney coachman himself.

Whose coach did he use to drive? - One Mr. Lindsey, I think, was his last master, it stands in Old Gravel-lane; Jones did drive for me before he kept the publick house.

How happened you did not go to lodge at his house when you took your coach and horses to the yard? - Because I had lodging of my own, and when my wife died I kept them some time, I went to lodge there.

So that you recollect certainly, it was

about four months ago? - Yes, it was about that time.

What part of the house did you lodge in? - The front room two pair of stairs.

Who else lodged in that room? - There was James Jones , and Bill Clarke , and Dick Clarke , all in the same room.

Which was there first, you or James Jones ? - James Jones lodged there before me.

How many beds are there in that room? - Three.

Who were in possession of the three beds when you came to lodge there? - I cannot recollect.

Try? - There was both the Clarkes that I have mentioned, and one William Worm .

Where was Jones then? - He came and lodged in the same room while I was there.

Were you before Jones? - Yes, but Jones lay in the room below before he came up stairs; about a week after I came to lodge in the house, Jones came to lodge in the same room with me, he lodged up one pair of stairs before, in February and March last, we both lodged in the same room together.

Do you know the prisoner Watts? - Very well.

What is he? - A porter.

When did you first hear of his being taken up? - On the sixteenth, in the morning, as soon as I got up.

Where did you hear he was? - In the watch-house at Whitechapel.

Did you go to see him? - No, I went to the Justice's when he was to have his examination, but they would not let us in.

Who went with you? - Dick Clarke and James Jones , three or four of us went.

Did Mrs Jones the mistress of the house go with you? - She was there, but she did not go with me, she went there before me, I found her there when I went.

You recollect that distinctly? - Yes.

Did they refuse to let her up? - She told me so when she came out, she said there was nobody admitted to go up, that was the words she said.

She told you? - Yes.

Did she complain of their not letting her up? - Yes, she said it was very hard that they would not let her up to speak for him.

Did she tell you that at the Justice's? - Yes, at the door of the Justice's, I did not go home with her, but I am not sure whether I went home after her or before her.

Was it Bill Clarke or Dick Clarke that was with you? - Only Dick Clarke.

Did James Jones go with you? - He was with us in company.

Which of you went home with her? - I think James Jones went home with her, he is brother to the man that keeps the house; we all went home within a little trifle of one another; I found her there, she was there before me, I do not know who went with her; I thought she had been up, till she came down, and said, there was no admittance for anybody, and she thought it was very hard.

When had you seen this prisoner before that? - On the fifteenth in the evening, we were in company together at Mrs. Jones's house.

Who drove your coach that day? - I think it was Tom Robjohn , I was not out with the coach all that day, I think I was gone to bed before he came home that night.

Where were you then all the afternoon? - I was at home mending my harness, and in the afternoon about five I brought my harness in and Mr. Watts was helping me to mend it, and he did mend it, I held it for him to put it together, he was in the house when I went in.

Did you and he join company immediately? - Yes, as soon as I went in he came and lent me an hand to harness directly.

How long did he stay there? - He staid there till after ten.

And you also? - Yes.

You both staid there? - Yes.

Had you any supper? - Yes, after we had done the harness we had toast and ale,

the prisoner mended the harness himself, and I held it for him, he could handle the tools better than I could.

What beer did you drink while you was at work? - We had only one pint before supper.

What in all that time? - We had no more I am sure.

Did any body else sup with you and him? - Mr. Jones.

Which of the Jones's? - James Jones .

What time did he come in? - About six as near as I can guess, I am not sure to a minute, he was in and out in the afternoon and settled at home about six.

When did James Jones join company with you and the prisoner? - We went all to supper together.

Who else supped with you? - Nobody else.

What did not the landlord of the house sup with you? - No.

Are you sure of that? - Yes.

Where was he? - He was in bed before we supped, he gets up in a morning.

Did you see him that afternoon at all? - Yes.

As near as you can recollect, what time did he go to bed? - I cannot recollect.

Was it before you went to supper? - I am not sure, I cannot say.

Should not you have asked him to have eat a bit with his brother? - We should if he had been up, but I am pretty sure he was not up.

Did not the landlady sit down with you to take a little of this toast and ale? - No.

What, is not she fond of toast and ale? - No, I do not recollect she eat any.

Do not you recollect her taking a slice of the toast when she brought you the nutmeg? - We had no nutmeg, she had not got any, we had some cheese and sugar with the toast and ale.

Was your cheese toasted? - No.

Who else supped in company with you besides James Jones and the prisoner? - Nobody else supped with us, we joined all three of us together.

How soon after supper, did the prisoner go out? - He did not go out only into the yard, there came a man's horse home sick of the staggers, and we all went out to help, that was after we had done supper between nine and ten.

That took up some time, I suppose? - Yes.

Did you all come in again? - Yes, alltogether.

What time might that be? - I do not suppose we were above a quarter of an hour, we had another pot of twopenny after we came in.

What time did the prisoner go away? - It was after ten, twenty minutes or thereabouts.

Did he go away by himself? - He was sent for, a boy came for him and told him he was wanted.

What boy was it? - A little boy that uses the house, that comes for beer to the house, I think they call him Sam, he said a gentleman wanted him, that was what he said, he did not tell us what for.

Did he tell him to bring his knot with him? - No, he said nothing about his knot.

Had the prisoner any knot there? - Yes, he brought a knot with him in the evening.

Did you see him bring it in? - No, I was not at home, but I saw the knot, because it lay in a coal box just where we sat.

Was it you, or James Jones that handed the knot to him when he went out? - He did not take it out with him himself.

Was it left there all night? - No, his wife came and fetched it.

How long after he went out was it before his wife came in? - A very little while after.

What did his wife say when she first came in? - She ran in and asked for her husband's knot, and came in and took it out.

How did she know her husband's knot had been there that night? - Because she had not been at home all the evening herself,

and she came to bring him a bit of supper, a bit of beef, and asked him to eat a bit and have a pint of beer, she supped there; that must be ten o'clock or thereaways, we had done supper, and he told her he had done supper, and she sat down and eat by herself.

What did she sup upon? - I believe it was a bone of beef, it looked like beef.

Did Mrs. Jones and she sup together? - No.

What had the wife to drink? - She had a pint of beer with her supper, and she called for another pint, she did not go away till her husband was fetched out and she went out after him, and came back for the knot immediately, she followed him out directly, it was a very little while, I suppose she wanted to see what he was wanted for; she did not sit any time with me and Jones after.

Did she leave her second pint of beer then? - I am not sure whether it was drawn or not.

Jones and you remained in the box? - Yes.

Had you any spirits any of you that evening? - No, not a drop.

Did any body else join company with you? - Nobody, only we asked the little boy to drink out of our pot, I saw no more of the prisoner that night; I went to bed a little before eleven.

Where was Bill Clarke that afternoon? - He was at home, he went up to bed with us.

Where was Dick Clarke ? - I cannot say, he was out with the coach I believe that night, I do not remember seeing him at home.

There are two Clarke's lodge in the house then, Bill and Dick? - Yes.

Did not Bill Clarke sup with you that night? - He might eat a bit, but not to join with us.

Did you ask him? - I think he might eat a mouthful, but not to sup with us; Mr. Watts hurried his wife, he said make haste and eat your supper, my dear, for we are keeping Mrs. Jones up; and Mrs. Jones said, Mr. Watts, do not hurry yourself, for I should not go to bed before eleven, if I had nobody here.

Who sat up for Dick Clarke ? - Nobody sat up for him, if he is out he has a key to let himself in.

Do you remember James Jones getting up to let any body in after you went up stairs? - I do not recollect that, he might, I know he has done such things.

Court. Let these witnesses go out of Court, and let James Jones come in.

JAMES JONES sworn.

What are you by business? - A coachman, I live at the Black-horse in Whitechapel, I am brother to a man that keeps the Black-horse.

Do you lodge at his house? - Yes.

How long have you lodged there? - Two years pretty nigh.

Always in the same house? - No, I was in another house.

Where did he live before? - He lived in Castle-street Whitechapel: after I went to the Black-horse, I lodged in the one pair of stairs.

Who else lodged in the room with you? - Her son before she was married to my brother.

Do you know Pike? - Yes, very well.

Where did he lodge? - He lodged at his own house; then, and after his wife died, he came to lodge up two pair of stairs in the garret.

How long has Pike lodged there? - I imagine it may be six or seven weeks, I cannot tell the time.

Do you remember the time when this man at the bar was taken up? - Yes, perfectly well.

How long before that had he lodged at the house? - I cannot swear to the time.

As near as you can recollect? - It may be two or three weeks before, I cannot say, he lodged in the two pair of stairs, I laid in the one at first.

Who lodged in the same room with Pike? - One William Clarke lodged with him, there was three beds in the room; there was Richard Clarke , and that was all that lodged there; I went up two pair of stairs on account of a man and his wife that came

and laid a couple of nights in the house, and I moved up to make room for them, the man was going on board a ship, I have continued up stairs ever since.

Was that before or after the prisoner was taken? - Oh, since the prisoner was taken.

When did you first hear that the prisoner was taken up? - About eleven I believe at night.

That was the very night he was taken up? - Yes.

Who came and told you? - I think it was the watchman that told me while I was shutting the gates.

Did you go to see him that night? - No, I did not.

Had you seen him that night before you heard he was taken up? - Yes, he had been at the house and supped with me.

What time did he come into the house at night? - He was in before I went in.

What time did you come in? - It was in the afternoon, I had been trying to get into Bartholemew's hospital, and it was a wet day and I staid by the way; I went out in the morning between nine and ten, I think I came home between four and five, as nigh as I can guess, I did not take knowledge of the time.

When you came, I think you say, Watts was there? - He was.

What was he doing when you came in? - He was hemming a stirrup and mending a pad, I think it was, or some of the harness, in one of the boxes in the house at the window.

Did you join company with them then? - I joined company with them when I came in, I continued at the house the remainder of the night, I never went out any further than into the yard.

What beer had you? - We had three pots of twopenny.

Did any body else drink with you at that time? - Only us three, this man at the bar and the man with the wooden leg, and I, we had three pots of twopenny, we called for it about eight, when we began to toast the bread to put to the twopenny, I did not drink any beer before I went to supper, nor I did not see them drink; I sat all the afternoon without drinking, I commonly sit there all day without drinking, because I have been ill so long.

What had you for supper? - Toast and twopenny and some Cheshire cheese, and some moist sugar.

Which of you was it called for the nutmeg? - We had no nutmeg at all.

How happenened that? - Really I do not know, I think it was asked for, but they said there was none in the house, I am sure we had no nutmeg; after supper there was a horse came in with the mad staggers, and we all three went out together to see it, there was nobody else in the house hardly, this was a little after nine, we stopped but a very few minutes, I came in again directly, we had a pot of twopenny after we came in, that made the fourth pot.

Did the prisoner go away then, or did he come back with you? - He came back with us again, and sat down and drank share of the last pot, he went away about half after ten.

Did any of you go out with him? - Nobody that I know of that belonged to the house; the boy came and enquired for a porter, I do not know who that boy was, I have seen the boy leading a couple of blind men about, but I do not know who he was.

Who answered the boy? - I believe the prisoner answered the boy; and said do you want a porter at this time at night, the boy said you must come directly, for the gentleman is waiting for a porter; I cannot remember who the boy spoke to first.

Did not Mrs. Jones your sister-in-law answer the boy? - I cannot say, I remember my sister stopping the boy, and asking him what sort of a man it was, the boy said it was a tallish man, with a cocked up hat, and my sister asked him where he was, and he said, he stood in the street; then it was that the prisoner asked who could want a porter at that time of the night? and somebody in the house made answer to him,

go and see, and he went out to see, and his wife followed him out, if I am not mistaken, his wife was there, and brought a bit of meat for his supper, and he said he had done supper, so she called for a pint of beer and eat it.

Did she go out a little after him? - Yes, to the best of my knowledge she did, and came back again to look for his knot.

What o'clock might this be? - To the best of my knowledge it was as nigh half after ten as can be, I could almost swear to the time, by his saying to his wife, we keep Mrs. Jones up, and she said, I shall not shut up till eleven, if there is nobody in the house, I looked at the clock, that made me so particular.

What time was the house shut up? - At eleven, as nigh as I can guess, and while I was shutting the gates, I heard he was taken up, the doors were then shut.

When you heard that the man that had just been supping with you was taken up; why did not you go to the watch house? - I could do him no good, I was no housekeeper, and another thing, I did imagine they would not have let me seen him, if I had gone; the next morning when he went to have his hearing, I went down, I do not know that I did tell them any thing of it that night.

Was it so common a thing for your friends to be taken up? - I might mention it to my sister, Pike might be gone to bed, she might be gone up stairs.

Had not your brother and you some talk about it that night? - No, he was gone to bed, I believe, he went to bed about nine, or between nine and ten.

Did he go to bed directly after supper? - I do not know, he did not sup with us.

He supped in the other room? - I cannot say where he supped that night, or what time he went to bed that night.

Was there any particular reason for his going to bed that night? - No, not that I know of, he had not complained of being ill that I heard, I was so ill myself; the next morning I went down to see Watts.

Who went with you? - I went by myself.

Did your sister go before you, or after you? - If she went at all, she went after me, I believe; but I do not know, I did not see her there.

Then you do not remember hearing her say it was very hard they would not let her in to speak for him? - No; that must be the second time, I do not think she went there, the first morning I went by myself, and I think I came back by myself.

What became of the two Clarkes that night that the prisoner supped there? - They might be out, for what I know.

Were they both out? - To the best of my knowledge I believe they were; I cannot be sure; I believe William Clarke might drink out of the bowl; they say he did, but I cannot be sure; I do not remember seeing Dick at all.

Pike and you slept in the same room together? - But not at that time.

Who was it that called to you to get up, and let in Dick Clarke? - I do not remember; I do not know what time Dick Clarke came home; the room lays backwards, and I cannot bear; I was not examined at the Magistrate's, they would not let me in.

Court. Call in Pike again.

To Pike. Who was first up in the morning after the prisoner was taken up? - I cannot say; I most generally get up in the morning myself first.

Who told you that morning that he was taken up? - Mr Jones.

Which of the Jones's? - The master of the house; that was about half after eight, or rather before; James Jones was not up, I believe.

Was it before or after you was told of it, that Mr. Jones went to the office? - It was after that; some time after they had had their hearing, in the middle of the day, I went to the office, when I heard he was going to have his hearing; I think it was after Mrs. Jones came; I met her there, and she complained to me that they would not let her up.

Mr. Garrow. How long have you known

the prisoner? - About eight months; I always heard a very good character of him, as an honest hard-working man.

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

Court to Roberts. Whereabouts did you first meet the prisoner that night? - The end of Church-street, Brick-lane.

You know the George-yard? - Yes.

How far is that from the George yard? - Not a great distance.

How far is it? - I look upon it, a man may go in ten minutes.

Is it a quarter of a mile, half a mile, or a mile? - About a quarter of a mile.

Was the prisoner going towards, or from George-yard? - Towards George-yard.

I think he told you it was a bed, wrapped up in a blanket, that he was bringing it from Barker's-yard, and carrying it to George-yard? - He said he was a poor man, and had a little rent behind, and that his wife was down-laying.

Butterill. I was close behind; Roberts asked him what he had on his back; he told him a bed, tied up in a blanket; he said he had a bed, and was going to George-yard; Roberts said he must go with him; the things were tied up as they were now.

In what manner was he carrying them? - Carrying them on a knot.

GUILTY , Death .

Court to Jury. I confess, Gentlemen, I may now very openly declare, that I perfectly concur with you in opinion; I am extremely satisfied with your verdict. I think these witnesses should not be permitted to escape with impunity; I have no doubt but the story they have told us is false; let them all three be committed to Newgate.

Court to Prisoner Watts. I do not mean now to pronounce upon you the sentence of the law, which will be done at the regular time, but I have called you back for the purpose of telling you what you are to expect, and the reason of it; the crime for which you have been convicted is an enormous one, and it is a growing one; your fate would have been extremely doubtful at all events; but if there was any doubt at all, you have probably completely removed it, by the attempt you have made in setting up a defence which the verdict of the Jury, concurring with my opinion, has discredited: therefore you must prepare for your fate, and you are not to expect that the mercy of your Sovereign will be extended to you: and I hope it will be understood by every body, that those attempts to escape punishment will always be considered as aggravations of the crime; and where the crime is of a capital nature, such attempts to elude the law will preclude the prisoner from any hope of mercy, and also bring the deserved punishment on the heads of the witnesses themselves.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-13

331. WILLIAM SMITH , otherwise STORER , and JOSEPH ROBINSON , otherwise GOSLING , were indicted, for that they, on the 25th day of March last, one piece of false, feigned, and counterfeit copper money, to the likeness and similitude of an halfpenny, unlawfully and feloniously did make, coin, and counterfeit, against the statute .

(The Case opened by Mr. Silvester.)

JOSEPH GATES sworn.

On the 25th of March last, I went to Frying-pan-alley about one o'clock, with Mr. Clarke, the City Marshal, and John Clarke , and Wilson; I went to the back-door with Wilson, and knocked several times; at last Smith came to the door, and we went in; Clarke took Smith, and Robinson was found in the necessary with his hands all greasy and dirty, and a greasy jacket on; Smith's hands were dirty and greasy. I then went down into the cellar, and found the fly ready prepared, and a halfpenny between the dies; there was no cutting press; there was a quantity of half-pence done up in five-shilling papers.

Where is the halfpenny that was in the die? - It is here.

Mr. Garrow, Prisoner's Counsel, to Gates. You have told us all you found? - Yes.

Have you never seen an engine for finishing a halfpenny? - No, there was none.

Did you find any pickle? - No.

Do not you know, that the fly leaves the halfpenny rough? - I do not know.

Court. Was there any blank found? - Yes, a great many.

It is a common thoroughfare? - It is.

You found Smith in Bull-head-alley? - He came out of the back yard; he came out of the yard into Bull's-head passage.

How was he dressed? - As he is now, but his coat was not buttoned.

Mr. Silvester. You told me you knocked at the door? - Yes.

Court. You went with Clarke to the back door? - Yes.

In the necessary you found the other prisoner, in the cellar you found the fly and a halfpenny? - Yes.

HENRY WILSON sworn.

You went to the back door with Gates? - Yes.

Who opened the door? - Smith; his hands were dirty.

Mr. CLARKE, City Marshal, sworn.

I found a great number of halfpence round the fly, some on one side, and some on the other. (Produces the halfpence and blanks.)

Court. Where are those halfpence that are done up in papers? - They are here.

Then you took them before the Lord Mayor? - I took them before Alderman Harley. (The halfpence in papers produced.) There were a number of halfpence that were not in circulation.

JAMES SHAKESHAFT sworn.

I went, by the direction of Alderman Harley; I found five large and seven small papers of halfpence, and a brimstone pan.

JOHN CLARKE , of Bow-street, sworn.

Look at those halfpence and the die.

(Looks at them.)

Are they counterfeits? - Yes.

What are those nets for? - To boil them in; here is another counterfeit.

Court. Are they from the same die? - No; some of them are struck with the die that was found in the press, and some with a different die; here are some of this die.

Mr. Silvester. What is this paper? - Thirty shillings worth.

Court. This piece is what you call finished? - Yes.

PRISONER SMITH'S DEFENCE.

I was at dinner at the prisoner Robinson's house; his wife asked me to come in and have a dish of tea; I staid there three quarters of an hour; I stept into this back yard about ten minutes; there they took me; I have not been in town above three or four days together for these two years.

WILLIAM WATNEY sworn.

I live at Wimbledon; I have known the prisoner Smith seven years; he has been at Wimbledon with me since October 1783, and has had no residence since; he came to town on the 22d of March with me to get some things for his wife, who is now in St. Luke's, quite deprived of her senses entirely; I gave him a guinea, and a little silver, to buy him necessaries; he supported himself in button-mould turning before October 1783; he has lived with me ever since; I am a common brewer, and have a farm, and he has assisted me in every thing I have to do.

Where was he in October 1782? - I believe he was here confined in this prison.

What for, do you know? - I do not know what it was for; I believe he is a very honest man, and till his wife took this misfortune of being till, he would not have come to London for five months together.

GEORGE BADGER sworn.

I live in Goswell-street, I am a cooper; the prisoner Smith was with me on the morning of the 25th of March, at the Dyer in Goswell-street, between eight and nine in the morning; he continued there till ten, or from ten to eleven; I have seen

him at the Sheers in Wood-street; he went away first, for a woman that I never saw before, came and asked him to go and eat a bit of dinner with her, I saw no more of him, I have known him ten years.

Where has he lived lately? - As far as I can find he lived at Wimbledon; I have not seen him these six months; his wife is in the lunatick hospital, I cannot justly say what his character was lately.

Mr. Reeve. Was you in the court when the last witness was examining? - No, I was not.

Prisoner Robinson. My wife went to order a bit of dinner and she saw this prisoner, and asked him to eat a bit of dinner.

WILLIAM SMITH otherwise STORER,

GUILTY.

JOSEPH ROBINSON , GUILTY .

Mr. Reeve. My Lord, with respect to Smith, I on behalf of the crown, pray that he may be deprived of his clergy; we have a counterplea here (the record read) setting forth the conviction of the prisoner Smith otherwise Storer in October session, 1782.

Court to prisoner Storer. On the part of the crown, they have filed a plea, in which they charge that you, together with one Mary Jones , in the month of October, 1782, was convicted of a felony, for which you were allowed the benefit of your clergy; and that therefore you are not by law entitled to the benefit of your clergy a second time, but ought to suffer death, according to law; what do you say.

Prisoner. I deny that I am the same person, and the several allegations in the plea contained.

Mr. Reeve joined issue on these allegations.

The Jury sworn on the issue.

- VINES sworn.

This is a true copy, from the original record as read to me by that gentleman.

- NEWMAN sworn.

I am clerk to Mr. Shelton, I remember examining a record of this court with Mr. Vines.

Court. Did you read it truly? - Yes.

Mr. Garrow. Did you read it from different parts of the record? - I read it from beginning to end.

(The record read and examined by Mr. Garrow.)

JOHN TOWNSEND sworn.

I belong to the office at Bow-street, I know the prisoner perfectly well, I was a servant to Mr. Akerman at the time he was tried and convicted for coining a halfpenny in October session, 1782.

Was you present when he was tried? - I put him and Mary Jones to the bar, they were tried in the evening on the London side; and your Lordship, as you usually do, passed sentence on him on the last day of session.

Prisoner Smith. I have nothing to say.

Court to Jury. Gentlemen, by the law of this country, no man who is allowed the benefit of clergy, can claim it a second time, provided that allowance is put on record, and proved by legal evidence.

The Jury returned a verdict for the crown.

WILLIAM SMITH alias STORER,

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-14

332. WILLIAM WYNN was indicted for feloniously stealing on the 9th day of April last, one deal box, value 6 d. one silver waiter, value 8 l. six silver forks, value 3 l. one pair of stone knee buckles, value 20 s. one gold shirt pin, set round with pearls, value 40 s. a leather pocket book, value 5 s. a shaving box, value 2 s. a pair of callico drawers, value 1 s. one razor-strop, value 1 s. one ivory tooth brush, value 6 d. the property of Francis Weldon Esq ; one bond for payment of 160 l. one other bond for payment of 217 l. his property .

CAPTAIN WELDON sworn.

Between six and seven, on the Sunday evening the 9th of this month, a coach took me up at Osborn's hotel in the Adelphi,

and carried me to No. 9, in Orchard-street, Portman-square; there were various parcels, and two trunks put into the coach; there was a deal box which contained the things mentioned in the indictment, all the parcels were taken out of the coach at my lodgings, except this deal box which was under one of the seats of the coach and carried away by the prisoner.

Who took the things out of the coach? - The coachman and a servant of Mr. Dalby's who was then with me.

Is that servant here? - No.

How soon after the coach was discharged was this box missed? - I do not believe it could be more than a minute or two at the furthest, I instantly ran down stairs and missed the box. I called out to the servant, the coach was drove off, I ran as fast as I could into Oxford-street in order to see this coach; I observed a coach at some distance painted the same colour as the coach that carried me, but it was not the same coach; I then took a coach and went on to the Adelphi stand, I searched all the coaches, I did not know the number of it, the servant described it to me lined with green cloth, I searched different stands but in vain, till nine that night; when I came home; I immediately sent for a porter and ordered a hundred hand bills to be printed, which were accordingly done, and dispersed on Monday by ten o'clock; I had it advertised in the Daily Advertiser, and two men came and desired to see the family that had lost a deal box, they left the number of the coach, and the nick name of the coachman, which they called Green Harness, they could not tell his other name; in consequence of this information I went the next morning to the coach office, and I found the number of the coach, and the man's name as they described; on the Thursday following, I took the prisoner with this coach at the door of Messrs. Stock and Cooper, linen-drapers in Holborn.

Did you yourself recollect the man and the coach? - No, I had his master with me, who pointed out the man and the coach to me; I did not recollect either, I should not have known either; I immediately crossed the way, and took hold of him by the collar, and before I said any thing to him, he said, Sir I was at your lodgings to day with my wife, with the box, I asked him why he did not leave the box at my lodgings, knowing it to be my property, and he said that his wife asked for the reward which is three guineas, that was offered; and as I was not home, they had taken it away, and that he wanted money, and had carried the box to the house of one Michael Mitchell , a Jew, No. 5, Newcastle-street Whitechapel; he then said, he wished to speak to a man that was there; the man came up, I said he should not; we still stood at Messrs. Stock and Cooper's door, he said he could not get my box without he had liberty to speak to this man, to get some money, I told him he should not, I would pay whatever money was demanded by the Jew, we then went to the Jew's house, Mr. Dalby got out first, and asked for Mr. Mitchel; he came down stairs, and without ceremony I told him to go up stairs and bring me down the box and its contents, which the coachman had left there about two hours before; the Jew did not hesitate in bringing it down, and when he brought it into the kitchen I examined it, it was open, it had no lock from the beginning, but it had a hasp, and was tied very strong when I lost it; when he brought it down there was no cording nor hasp on it, it was quite open; I examined the box and found the waiter, the forks, the shirt pin, and the knee buckles, and the red pocket book, from which all the papers had been taken out: upon opening the pocket book, I found all the papers taken away, and the little implements, such as knives, scissars, &c. were taken away also; I immediately asked the Jew where the bonds and he other papers were, and he declared that he never saw a paper, that he never opened the book, that he never opened the box, and know nothing at all about them; I then asked the coachman if he knew any thing about the papers, he said,

yes, and I believe Mr. Dalby or myself then desired him to tell all he knew about the papers; he then said that the Jew had taken all those papers out of the book, and that he read them all over, but that he gave him a parcel of small papers, which he did not know what they were, as he could not read or write, and desired him to burn the small papers, for that they were of no use to him or any body; he said that the Jew took the papers out of the other side of the book, which were large papers, and that he pretended to burn them, but could not be sure whether he did or not; I then desired the Jew to produce me the bonds, and if he did, I should take no further notice of it; he persisted in denying any knowledge of them; I took the Jew before Sir Sampson Wright, and the prisoner and his master, and there was a Mr. Bond presiding. Mr. Bond examined them, and he committed this coachman, and bound over the Jew to prosecute; he did not think he was justified, he said, in committing the Jew; the reason he gave was, his readiness to produce the box.

Court. What title had you to the bonds? - They were left me by my uncle, who died some little time ago, with other property.

Was you the executor? - I was the heir at law, and executor; the things I found, and the box, were my property.

MICHAEL MITCHELL sworn.

I live at No. 5, in Castle-street, Whitechapel.

How came you by that box, with these things in it, that Mr. Weldon found at your house? - On the 13th of this month, the prisoner, in company with another man and a woman, came to my house; I had seen him several times before; I knew him very well by sight; it might be about three, as near as I can recollect; he came to my house, and said he was in distress, and wished I could lend him a trifle of money; I said it was a wrong time, I could be of no use to him, it was holiday, it was passover; he said if it was but five shillings, it would be a service to him; I then took pity of him; I said I had a few shillings in my pocket, if he would put his hands into my pocket, and take them out, he was welcome to them, only to pay me another time; he was not very ready to do that; but his wife said, I will take it out of his pocket; she took eight shillings, which was all the silver I had; she wanted to return me three shillings, and she said five shillings was enough; I said, no, she must take all the eight. They had some papers in their hands, and they said, why you may as well burn these papers, and I saw him go to the fire, and burn some papers; the woman then opened her cloak, and laid down a box; the prisoner says, Mitchell, be so kind to let me leave this here till I return back, I shall soon be back; I said, yes, and welcome; then I took the box, and put it by for them: about two or three hours after, as near as I can tell, Mr. Weldon and another gentleman, and the prisoner, came to my house, and asked me whether such a thing had been left there as a box? I told him, yes, I shall give it; and I brought it to them, and I thought it was the people that were to come for it, as the prisoner had desired me to save it for him.

What way of life are you in? - I am a dealer in all kinds of jewellery and watches, every day, except those days that I dare not go out; I wish I had not been at home then.

Had you the curiosity to look into the box? - No, Sir; but when the gentleman mentioned bonds, I recollected their burning papers.

The man charged you with burning these papers? - I never burnt any; Mr. Weldon said to the prisoner, you did not burn them; says he, I suppose Mitchell burned them.

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

Reference Number: t17860426-14

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 26th of APRIL, 1786, and the following Days;

Being the FOURTH 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 IV. 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 William Wynn .

According to your representation of it, you did not ask for any deposit? - None in the world.

How long have you known him? - Some time; I have done business with the gentleman.

Did you ever lend him money before? - Never.

Upon your oath, was you ready to let this man have these eight shillings, without security? - Upon my oath, I did not desire any security, nor never thought of any.

Should you have let it go, without the eight shillings? - Certainly I should.

And you did not look in the box? - No.

How long have you been in this jewellery business? - Fifteen years.

You saw them burn some papers? - Yes, I heard one of them say, you may as well burn these papers.

Now, you are generally pretty sharp men, and know the world very well, did not you think how this box was obtained? - I had no present thought at all.

No suspicion in the world? - None in the world, because I had never heard any thing amiss of this man, nor of the other that was with him.

Did you take any care for your own security about the box, was the box locked, or unlocked? - It was with a hasp.

No cordage, or any thing? - It was loose.

I wonder you was not a little apprehensive of permitting these people to leave a box at your house, without your knowing, or their seeing that you knew, what the things were that were in it? - I had no scruple; I was easily persuaded that it was locked.

You are a most open, unsuspecting Jew as ever I met with? - I should be sorry it should be otherwise; for there is not a person in the world that will speak against me in any one respect whatever.

Why, I confess it does require some explanation, when you saw these people burning papers, that you should take no notice of it, and that you should let them leave this box? - They might have gone a message, or many things, and desire to leave a thing there for a little while: this man had never been at my house before; the

other man said, then, says he, I did not know rightly whether it was in Castle-street, or Castle-court.

And do you now really expect to be believed? - Why not; any person that is so well known as I am at the court end of the town by every body that knows me, why not trust me.

From what I know of you, from this story, I promise you I will never leave a box at your house? - If you knew me, very likely you would not refuse leaving it, and there is no person that knows me, can say any thing to the contrary.

PRISONER's DEFENCE.

My Lord, I was fetched from the Adelphi to take this gentleman up and the boxes, and when I came there, the waiter and the servants brought out the boxes, and put them in the coach, and I went to Piccadilly; I took up another trunk behind; then they ordered me to No. 9, Orchard-street; when I came there, the footman got down, and opened the door, and I took the trunks and put them in the passage, and one of the gentlemen sat in the coach, and gave me the things out one by one; I carried them into the passage, and I carried the large trunks up stairs, and he gave me sixpence above my fare; when I came down, he asked the servant whether all the things were out, and the servant said yes; I said to the boy, you had better look, to be sure; he said, I know they are; I then altered one of the traces of my horses, which was too long; I went to Marybone tank, and put in there for two hours and an half: when I got off from there, I went to carry a servant, with some boxes and some bundles; I put them into the coach myself, and when I came to take them out, turning up the flap of the seat, I saw this box; I said, this is not your's, says I, I cannot say whose it is rightly, I have carried a gentleman with boxes and bundles, and another person with boxes to the Greenwich stage; I took out the box, and I waited for the advertisement; the next day, when it was advertised, I went to the gentleman's house; my wife carried home the box, and the gentleman was not at home, and they would not give her the reward; and then this other man came to me for some money, and I told him if he would go with me, he should have it; and coming down Oxford Road, I saw a coachman; he asked me how I was; I told him I was rather in trouble, and I told him the whole affair, and he asked me if I knew any thing of such a box, that there were hand-bills about, and I found it was the same, and I told him I had been home with it, and could not get the reward; I said I wanted a few shillings upon it for a day or two, or three, and the man took me to Mitchell's house; he was not at home, and we called again, and Mr. Mitchell came down, and this man told him I was in distress, and wanted a trifle of money, and he would be obliged to him to let me have it; he said he could not touch money, it was passover time; with that, my wife laid down the box to ease her arms, and he took the box, and opened it, and weighed the waiter, and took out the forks and the pins; then the book my wife took to take care of, and he opened the book and took the papers out of the left side of the book, and read them; they were papers stamped and sealed with red sealing-wax, and they were printed and signed with a writing hand; he then said, these are of no use to you, you had better burn them, and he took and put some papers in the fire, but whether he put them all in, I cannot say; then he said they might as well burn the others; with that, I put some little papers, some bills, or something of that kind, on the fire, and he put a coffee-pot on the fire, that they might burn; my wife took the eight shillings out of his pocket, and I came off and I came home, and then my mistress said the two gentlemen had been about the box.

Court. When did you first tell your mistress that you had the box? - On the Thursday.

How came you not to tell her till the Thursday? - I waited for the advertisement, and kept it in my own possession.

What became of the gold shirt pin? - That was left in the box.

What became of the callico drawers? - I cannot say, they were in the box, as far as I know, I never looked at the box but the night I took it home, then I looked at the waiter, and the spoons, and the pin.

Is your master or mistress here? - I sent this morning but I was too late, I did not know my trial was to come on to day, he is out with the coach; I have sent for two gentleman to day, but whether they are come, I cannot say. (Called but nobody answered.) I have lived in Leather-lane these nine years.

Court. As you had given notice to the gentleman in the morning by sending your wife with the box, how came you to suffer the Jew to burn any part of the papers? - I did not know he was going to burn any of the papers till they were in the fire.

Did you tell the Jew how you came by the box? - Yes I did, and that it was advertised.

Did you tell him that you had sent your wife that morning with it? - Yes, I did.

ELIZABETH COPELAND sworn.

The prisoner lived with me almost six weeks, he was servant to my husband, I never knew any thing dishonest of him while he was with me.

When did he first say any thing to you about this box? - On the Thursday morning, when he said he was going to take it home; I never saw the box before.

Did not you know that there had been an enquiry about it before that? - No, the gentleman came to me about two or three hours after, my husband knew nothing of it.

Court to Prisoner. When was this box first uncorded? - On the Sunday evening when I first took it home.

JANE BLUNT sworn.

I have known the prisoner since he has lived with this gentleman, I live in the same yard, my husband has known him a great while, he lived with an uncle in Leather-lane, I never heard any thing of him but soberness and honesty.

Court to Jury. Gentlemen, in this case the prisoner had not taken possession of this box, the possession was thrown upon him by leaving the things in the coach; I shall take care, as far as it is a new case, to reserve it for the opinion of the twelve Judges, if you should be of an opinion upon the evidence, that there was that sort of fraudulent conduct in the prisoner, and that sort of case appears upon the evidence which would have amounted to stealing it; now although the conduct of keeping it till it is advertised to get the reward, is such as an honourable man would not pursue, yet as to question of crime it is another thing, such a box might be taken by a civil process out of the hands of a man who had found it; but as to the question of stealing, to be sure, such a man would not be guilty of stealing, because the original intention of stealing is essential: now if this man finding the box in his coach, and even having a shrewd guess who it belonged to, detained it in hopes of a reward, and then meant to carry it back; if you think that is the case, the prisoner ought to be acquitted; there is a probability, that when a man had found a box, he would uncord it to see what was in it; on the other hand if the prisoner uncorded the box with a view to embezzle some part of the contents, upon that ground of the case, I think it is proper for consideration, whether the man who is so guilty should not be reached as a felon; and if you find the prisoner guilty, I shall reserve it to be considered, whether it does amount to the crime of felony or not.

GUILTY .

Court. Let judgment be respited till next sessions.

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

Reference Number: t17860426-15

33. PETER OGIER was indicted for feloniously stealing on the 27th day of of March last, three carpets, value 3 l. five pieces of carpeting, value 5 s. seven books, value 7 s. one bowl, value 5 s. five pair of silk stockings, value 20 s. a tray, value 2 s. a waiter, value 1 s. one china tureen and dish, value 20 s. the property of the Rev. William Jackson , clerk .

The case opened by Mr. Garrow.

The Rev. WILLIAM JACKSON sworn.

I have chambers at Lyons Inn, No. 2 , the ground floor. About the latter end of July, I had occasion for a person in the capacity of an amanuensis, to transcribe various things that I used to send to the press; the prisoner was recomended to me as a person in great distress, but who belonged to a very respectable family, and whose misfortunes he had not contributed to by any bad action; he wrote a very good hand, and I employed him in that capacity; he had recourse to my chambers, copied for me, and went away; I being concerned in a house that was in Gravel-street Harton-garden, and unlet, I let him sleep at my chambers; I placed such an unlimitted confidence in him, that Ivery seldom went there; however having occasion to be there on the 27th of March, I desired him to be there and prepare the fire; I went there, and the first thing I observed was, that there was no carpet on the large parlour; I said where are my carpets? he said, I have taken them up, and put them in the next room; I thought it was so, I found no carpets there; I went into the kitchen, and, in short, in every room in the chambers, then I followed him where I had sent him, and desired him to come to the chambers, I told him; he very candidly then confessed that he had made away with them, and some stockings, various matrasses, a bolster, pillows, and in short a variety of articles, and he produced the pawnbroker's tickets, pawned at various places, and in the name of Mason, some were pawned at Mr. Cooper's; I immediately applied to Mr. Cokayne, an attorney, who lives in Lyon's-inn, and the prisoner was taken into custody.

How lately before the 27th of March had you seen these things in your chambers? - It happened about six weeks before that.

Court. How long had you left the chambers so entirely to him? - From about the middle of August.

WILLIAM JORDAN sworn.

I am servant to Mr. Cooper, pawnbroker, in Wych-street Temple-bar. I know the prisoner, I have seen him several times, I have received from him several articles. ( The things produced and deposed to.) The first is on the 1st of October, a book for three shillings.

What book is that? - Sydney; on the 8th of October, a carpet for fourteen shillings; the 10th of October another book, for four shillings; five books on the 11th; and five pair of silk stockings on the 11th; all pledged in the name of Charles Mason : that is all I have.

WILLIAM MOLD sworn.

I am another servant to Mr. Cooper, I have a tureen and dish and cover, I received it from the prisoner in the name of Charles Mason , I lent him six shillings upon it on the 11th of February; I took a carpet of him at another time, on the 6th of March, in the same name for six shillings.

ROBERT SIMPSON sworn.

I was a servant to Mr. Cooper. I received this bowl from the prisoner on the 8th of February, I lent him eight shillings upon it.

JOSEPH DOLLING sworn.

I am another servant of Mr. Cooper's. I received one carpet for sixteen shillings, on the 14th of March; and on the 21st of March five pieces of carpeting for five shillings and sixpence, in the name of Charles Mason .

NATHANIEL ROBERT CONNOR sworn.

I am servant to Mr. Byfield, a pawnbroker. I produce three volumes of Lord

Shaftsbury's Characteristics; on the 1st of August I lent him four shillings upon them.

(Deposed to.)

Prosecutor. These things were in my chamber before the prisoner first went to sleep there.

PRISONER's DEFENCE.

My Lord, I did not mean to steal the things, I only took them for a temporary relief; I was in hopes by applying to my friends to have got sufficient money to replace them all, I had even replaced some of the things that very morning, which was a large bowl, two china mugs, and a tea-tray.

Court to Prisoner. By the account that is given of you, Sir, you must have known that you were not at liberty to make that sort of use of another person's property? - Yes, my Lord. I have sent to two or three people, but I did not expect my trial to come on so soon.

What part of the world did you come from? - Originally from Spital-fields.

I know there was a very respectable man of that name? - It was my father; I was drove to the very greatest distress, I had not a shirt to put on my back.

STEPHEN PARKER sworn.

I have known the prisoner six years, he has been a broker, and he has been a clerk with me and he has behaved well, and was very honest.

Can you say that in general he has been an honest character for the time you knew him? - I never heard any thing amiss before this.

GUILTY .

Transported for seven years .

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

Reference Number: t17860426-16

334. JOSEPH HALFORD was indicted for feloniously breaking and entering the dwelling house of Cavendish Manwaring , about the hour of five in the afternoon, on the 1st day of April , Ann Manwaring , widow, William Nix , Edward Nix , and Thomas Bell being therein, and feloniously stealing, a silver salt, value 5 s. a silver pepper box, value 5 s. a snuffbox, value 3 s. his property .

ANN MANWARING sworn.

I am mother to Cavendish Manwaring, he keeps the dwelling house which I take care of in Golden-lane , he is a goldsmith by trade, he keeps wine vaults, he resides in the house.

And who else lives in the house? - There is me and my grandson, Thomas Bell , and William Nix my lodger, and Elizabeth Nix his wife.

When was it that this house was robbed? - About a quarter after five, the 1st of April.

Who were in the house the time it was robbed? - It is mentioned in the indictment.

Do you sell wine by retail there? - It is commonly called a gin shop, I saw the prisoner go up stairs, and I sent my grandson up to know what was the matter, I called for assistance, and William Nix came and tripped him up, and my plate except one salt fell about the passage; I did not see him throw them out, the prisoner had a salt cellar in his hand, he took it out of my drawer, which I had taken out and had not locked it, about half an hour before; the door was locked and latched, but the key was in; the linen was all thrown about the room, but nothing was taken out, but the plate; I never saw the man before; the two Nix's lodge up two pair of stairs; I found about the passage a cream pot, a pepper box, and a cream jug, and one salt.

You are sure this is the man? - Yes.

I suppose your street door was open? - Yes, it always stands open.

Prisoner. Ask the prosecutrix whether she did not see any body else come down stairs, whether she did not challenge another person? - N o such person, the prisoner was not got down to the door.

WILLIAM NIX sworn.

I was at work when this happened, I am

a taylor, I heard a scuffle in the entry with my mistress and the prisoner, I came directly, and when I came out, he was discoursing with her in the entry, I collared him and threw him on his back, then he put his hand in his pocket, and I caught him by the hand for fear he should do me a mischief; and he took out his hand and a silver salt along with it; I kept him there till assistance came, I gave the salt to my wife.

Did you see any body else in the entry? - When I took him off the ground, and assistance came, the snuff-box was under him; I saw nothing else but one salt which I took from him, and the snuff box was under him; the constable has them.

JOHN EDWARDS sworn.

These things were delivered to me by Mrs. Manwaring. ( The salt and the snuffbox deposed to, and the pepper box, and the other salt.)

Prisoner. Here is one Mrs. Bellamy whom I knew, I went up to ask her whether she could make me a shirt, and I knocked at the door, and two men came out at a door just by, and almost knocked me down stairs, and when they run down they dropped something, and I picked up a salt; I bid them search me.

What are you? - I have worked in the markets these thirteen years in the portering way.

Who for? - I have worked for Mr. Heath, he was here a little while ago, and for Mr. Cook, he is here, he knows me.

Court to Prosecutrix. Who is this Mrs. Bellamy? - She was a lodger, but she was out a nurse keeping, she does not know the gentleman, and I never saw him before in my life.

Prisoner. I would have got Mrs. Bellamy, but I could not go myself to fetch her.

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

GUILTY Of stealing but not of breaking and entering the house .

To be transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-17

335. DAVID JOSIAH JONES alias DAVID JONES was indicted for feloniously stealing, on the 8th day of April , ten yards and a half of linen cloth, value 11 s. twenty-nine yards of other cloth, value 29 s. ten yards of other cloth, value 10 s. eleven linen handkerchiefs, value 11 s. four yards of coarse linen cloth, value 1 s. thirty-three yards and an half of other coarse cloth, value 12 s. one yard and an half of velveret, value 4 s. one yard and an half of ditto, value 5 s. one yard and a quarter of cotton, called Domin, value 5 s. six silk and cotton handkerchiefs, value 15 s. the property of William Macbean , and Gillies Macbean , in the dwelling house of William Macbean .

A second Count, for stealing the same, privily in their shop.

WILLIAM MACBEAN sworn.

I am partner with Gillies Macbean; the house is mine, the rent for the warehouse is paid out of the trade to me; the four warehouses are on three distinct floors, the cellar, the ground floor, and the one pair of stairs. I am a linen-draper; the prisoner came to live with me on the 25th of January last, as porter; on the 1st of of February we missed some velveret, not mentioned in the indictment; on the 12th of March we missed two dozen and eight silk handkerchiefs; but on the 7th of April we missed a very large quantity of cotton handkerchiefs; all these things are not mentioned in the indictment: upon missing such a quantity, I had a suspicion that the prisoner David Jones had taken the goods, in consequence of which I learned where he went to; he had the custom of going out very early on a Sunday morning, I found he went to his brother Edward Roberts, in Fryingpan-alley, Petticoat-lane; in consequence of which I applied for a search warrant from Justice Staples, in Whitechapel, and we went with three constables, and in the house we found a woman, Ann Roberts ; the first thing we saw was a chest of drawers, in a very small room, we desired her to give us the key of the drawers, and she did, and unlocked them herself; in

every one of these drawers, except the two upper drawers, we found some things which I believe are my property; then, after taking these out of the drawers, I believe the husband came in, and the constable staid below stairs with him and the wife, and I and another constable went up stairs; I found nothing except in this room 'till we came down again, and there in a closet under the stairs, within a room, we found there was a parcel of pots and pans, under them was a box, we broke the box open; after we took the box out, we found a direction for David Jones , which was not fastened on the box, it was laying on the ground with a parcel, on opening the box we found three distinct quantities of goods, handkerchiefs, and a wrapper made up, marked I believe by one of the witnesses Thomas Howse , who lived with me as porter, the wrapper is thirty-three yards and a quarter; as soon as we had found these, and had examined further in the house and found nothing, we took Roberts and his wife, and a man we found there, to Justice Staples; we found no more in the box, but some handkerchiefs, a piece of wrapper, and some sheeting, and the things that were in the drawers; before the Justice, the prisoner said he knew of no part of the goods, but two yards and a quarter of Demin mentioned in the indictment; (which is cotton for breeches) at Guildhall he said that he found the whole of the goods, and carried them to his sister.

THOMAS WARREN sworn.

I met Mr. Macbean and another gentleman going to Guildhall, and Mr. Macbean said he had been robbed; I went with Justice Staples's people, and we found these things that have been related, in different drawers, we searched the house all over except this closet, I know nothing more, than that the goods were found in the closet.

JOHN TANN sworn.

I had a search warrant, and I went with Mr. Macbean to Roberts's, and there found the goods,

JOHN CARPENTER sworn.

I went also.

EDWARD ROBERTS sworn.

I live in Fryingpan-alley, Petticoat-lane; I know nothing at all about the goods, I do not know how they came at my house, I was out in the morning very early about my business.

Is your wife here? - Yes.

I understand you said there was nothing in the box? - I did not know there was any thing there, the box belonged to one Williams, who had been in the house about half a year last quarter day; the prisoner is my wife's brother.

Did he ever visit at your house? - Yes, our keys are left at a chandler's shop, while we are gone out with our milk, for the lodgers to come in, and he used to come while we was gone out, now we go out about seven, and return about nine.

Court to Prosecutor. Is this agreeable to what the man said before? - His examination is in court.

Roberts. There was a piece of stuff in my drawer with my clothes, and my brother sat by the fire, and I asked who that belonged to, he said it was to make a pair of breeches, my brother-in-law answered, (that was the prisoner) my brother-in-law had some shirts and things in my drawer, he used to make his home at my house, and my wife washed for him; I asked him no more questions, I did not suspect my brother-in-law.

ANN ROBERTS sworn.

The prisoner is my brother, he always came of a Sunday to change his cloaths.

What became of the key of the drawers? - Sometimes I had them; and at times I used to leave them upon the window.

What did you use to keep in these drawers? - I used to keep my cloaths in them, I had the keys of all my drawers when the officers came to search my house.

In these drawers which you had the key of, I understand there were found a parcel of new goods that were claimed by Mr. Macbean; how did these things come into

those drawers that you had the key of? - I cannot tell, I never saw any of them come in.

Did you ever find any of them there? - I found one piece on Sunday morning as I was going to put my gown on, and I asked who that belonged to, it was a coarse piece of some kind of linen, I did not take it in my hand, it was in the drawer, but there was never a lock to that drawer; my brother was there, and the lodgers all sitting by the fire, and my brother made answer it was his.

Was that the only thing you ever observed there that was not your own or your lodgers? - It was.

Was there one piece or more than one? - I did not observe but one.

Have you never said there were two? - No, I never said any such thing.

Court. I will read you your examination, which is, that on Sunday morning you observed two pieces of coarse linen, and upon asking the prisoner about them, he said they were his own.

I do not know whether there was one piece or two.

Was it Scotch sheeting? - I do not know Scotch sheeting from other sheeting.

Was it sheeting? - I believe it was.

Are you aware, that by your affecting not to know how these stolen goods came into your house, that you are disgracing yourself, and making yourself to be the thief? - I very often left the keys for my brother.

So you insist upon it here, in the presence of your country, that you do not know how these things came there? - I never saw them come, nor ever knew they were there, nor was never told by any body they were there in my life.

Prosecutor. My Lord, this witness said the three handkerchiefs, she bought them in Crispin-street; she also said at Justice Staples's that she knew of them, and that she would have blown him, but he was her own flesh and blood.

Court to Prosecutor. Pick out those two pieces of sheeting, and the piece for a pair of breeches out of the rest? - These are them.

(Produced and deposed to.)

We have a piece in court, that did once measure forty-one yards, it now measures thirty-eight yards and an half.

Then there is a quarter of a yard missing? - It was measured at Manchester, and the cotton goods frequently run up.

Roberts. This is the piece to the best of my knowledge, except it has been changed, I never saw any of the goods except this piece, if this is the piece, or such a piece as this.

Prosecutor. The piece of sheeting that was found in the box, and the piece that was found in the drawers will appear upon comparing, to be one piece, the mark was cut away.

Court. Where was the demin found? - I found it in the drawer.

In which drawer was it found? - I cannot tell.

Are you a wholesale draper? - Yes.

You do not deal by retail at all. - No.

Then that could not be sold in the regular course of business? - No; I believe this is a part of that piece, I have no doubt in the world; this piece was near to the compting house door, which is on the ground floor in the right hand warehouse, going into the door; it was returned; that was the reason of its being open in the state you see it.

How much of the coarse sheeting did you find? - Thirty-nine yards and an half, in three pieces.

Where was that coarse sheeting found? - Part of it in the drawers, and part of it in the box.

Can you distinguish which was found in the drawer, and which in the box? - This was found in the drawers.

Court to Roberts. Was the coarse linen you asked about, that which the prisoner said was his own, was it that piece or not? - To the best of my knowledge it was, it was something like that.

Court to Macbean. There was no more coarse linen found in the drawers? - No.

What induced you to believe that the piece of coarse linen that came out of the

drawers is yours? - Because it has a mark upon it, the figure of 40.

Whose mark is that? - It is marked in Scotland, and we had lost a piece, with the figure of 40, they are not all of the same length.

Is 40 a usual length? - From 36 to 40, or 41, is the usual length.

Then there might be a multitude of pieces with the mark 40 upon them? - Yes.

Is there any thing else that induces you to believe it to be yours? - The quality.

But there is a vast quantity of linen of that quality? - Yes.

Then you can only say this has a mark of 40 as your piece had, and that this is the quality of your piece; can you go any farther as to this sheeting? - No.

Have you any other evidence to prove that the things so found at Roberts's, were brought by the prisoner at the bar? - Only by her confession, she now thinks fit to deny it; this wrapper was in the box which Roberts said was the prisoner's, which was locked, and we broke the lock.

Who had the key of that box? - I do not know, the prisoner when he was taken, was not searched.

Have you the direction you say was found? - Yes.

Produce it.

Court to Roberts. What did you say before the Alderman about the box? - I told him the box was in the house when we went there, that it belonged to one Williams, a lodger that had been.

Who did you say had used it? - I do not know that I did, I could not tell that he had.

Your examination is, that he knows not how it came there, and Jones told you he had used it? - To the best of my knowledge he did not tell me.

Then you venture to deny it? - I tell the truth to the best of my knowledge, I am sure I told the Alderman the truth.

Did Jones tell you he had used the box? - Yes, I believe he did.

When and upon what occasion was it, that Jones told you that he used that box? - I do not know; when they went in, I told them there was nothing but a box there, I could not tell whether it was locked or not, I told them I did not know whether Jones made use of it or not.

Consider first of all you said there was nothing there, because there was a parcel of pans and things that covered the box? - I told them the box was there, and there was nothing but the box.

Had you seen that box before? - Yes.

At the time you first saw it, can you tell whether it had any direction upon it? - Not that I know of.

Look upon that direction? - This direction to the best of my recollection came out of the country upon a hare and turkey.

Was the hare and turkey brought to your house? - Yes.

When was it? - I do not know; Mr. Macbean had the hare, I cannot say when it was.

(The direction handed up to the Court.)

Court. Take that into your hand, and consider a little what you say; look at it again, and tell me whether, upon your oath, that direction came with a hare and turkey? - It did, my Lord.

There are nail holes in it? - It was sewed to the basket.

Mr. Macbean. There was a bit of basket to it, when I found it.

How was it fastened to it? - I rather think it was sewed.

As this was a box that you say you had seen before, and that your brother might say he had used it, how came it to be thrust into that place? - We had no place to put things in, and we used to put kettles and saucepans, and things upon it, we had no room to put it any where else, neither under the bed or the drawers.

Court to Macbean. What were the articles that were in this box? - This wrapper has a mark upon it.

What is that mark? - Thirty-three

yards and a quarter; the witness, Thomas Howes , swore that he made up this wrapper in my house.

THOMAS HOWES sworn.

I made this mark when I lived at Mr. Macbean's as porter; I made it up, and marked it.

They are your figures, are they? - Yes, for Mr. Macbean.

Court to Mr. Macbean. Where did that wrapper use to be? - In the lower room.

Howes. I left Mr. Macbean four months ago.

How long before that, did you make that mark? - I cannot say.

Mr. Macbean. These seven handkerchiefs, we had lost several dozen of the same pattern, but I cannot identify them; and here is the remaining part of the sheeting.

Do these two parts belong to one piece? - I believe they are belonging, the exact quantity measuring thirty-nine yards and a half; there was a mark on the outside which is cut out, which makes up the other half yard; the number is on the outside of the sheeting, folded up like a book.

PRISONER's DEFENCE.

I know nothing of them, I never knew they belonged to Mr. Macbean.

The particular marks you are called upon to give an answer to, are the sheeting, and the two yards and a quarter of cotton demin, and the things that were found in the box? - I never put none of them, neither in the drawer or the box, nor did I take them there.

You told your sister that the coarse sheeting was your's? - I was sitting by the fire, and she asked me, what is this put here for; I thought she meant a dirty shirt; and I said it was mine.

What did you say as to the demin; did you say it was for a pair of breeches? - I know nothing of it.

As to the box? - I never used it, I never went out of the house of a Sunday morning before his hair-dresser knocked at the door, and the hair-dresser was angry because I would not get up sooner of a morning; and I never went out on business of my own, without his notice, while I lived with him.

Mr. Garrow. Mr. Roberts, how long has the prisoner been in London? - About four months, he came from Wales.

EDWARD JOHN LLOYD sworn.

I live in Cardiganshire, in Wales; I have been in town but a few days; I came up on purpose to attend here; the prisoner has not left that part of the world above four months; I have known him above thirteen years, he was a mason; he was a sober, upright young man as ever I heard of.

That was his general character? - Yes, all over the country; I have a paper which I saw signed by the persons therein, and if it had not been such short notice, they would have been here themselves.

GUILTY, Of stealing the goods, but not privately, nor in the dwelling-house .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-18

336. WILLIAM SCREW was indicted for feloniously stealing, on the 23d day of March last, one wooden cask, bound with iron hoops, value 6 s. the property of Joseph Kirkman .

John Pugh , servant to the prosecutor, saw the prisoner carrying off the cask.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-19

337. WILLIAM CROSTON was indicted for feloniously stealing, on the 5th day of March last, one hammercloth, value 2 s. the property of John Benwell and Edward Holditch .

Benjamin Taplin saw the prisoner by the

coach, and took him with the hammer-cloth.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-20

338. MARY JONES was indicted for feloniously stealing, on the 15th day of April , ten yards of printed linen, value 20 s. the property of Francis Fielding and Thomas Fielding , privily in their shop .

Francis Fielding saw the prisoner coming out of the shop with the property under her cloak.

GUILTY Of stealing, but not privily .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-21

339. JOHN HUNTLEY was indicted for burglariously and feloniously breaking and entering the dwelling-house of James Child , about the hour of twelve in the night, on the 24th day of March last, and burglariously stealing therein two live pigs, value 40 s. the property of John Carr .

Sarah Horton bought the two pigs of the prisoner, which were deposed to by the prosecutor.

Prisoner. My brother deals in pigs, and he gave them to me to sell.

The Prisoner called five witnesses to his character.

GUILTY, But not of the burglary .

Transported for seven years .

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

Reference Number: t17860426-22

340. WILLIAM BULLOCK was indicted for burglariously and feloniously breaking and entering the dwelling-house of George Grimwood , about the hour of eight in the night, on the 30th day of March last, and bur glariously stealing therein a pier looking-glass, in a walnut-tree frame, value 40 s. and one linen window-curtain, value 30 s. his property .

The prisoner was taken pawning the things.

GUILTY, But not of the Burglary .

Transported for seven years .

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

Reference Number: t17860426-23

341. JOHN FRANK was indicted for feloniously stealing, on the 7th day of March last, one pair of sattin breeches, value 16 s. one pair of shoe-buckles, value 10 s. a pair of silver knee-buckles, value 5 s. a silver watch, value 4 l. a silver seal, value 2 s. a half guinea, value 10 s. 6 d. and four shillings in monies numbered, the property of John Christian Hartman , in the dwelling-house of Martin Kuhn .

The prisoner slept with the prosecutor, whose trunk was broke open, and upon searching the prisoner, there was found in his pocket a guinea, a half guinea, and six shillings, and among the silver was a particular shilling, which the prosecutor's landlord had given him in change, and a nail, which appeared to have forced the lock of the trunk, and which fitted the hole of the place where it had been forced.

(The shilling deposed to.)

GUILTY .

To be transported for seven years .

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

Reference Number: t17860426-24

342. SIMON PRICE , JOHN PERRY , and JAMES WATKINS , were indicted for feloniously stealing, on the 24th day of April , one hundred and forty-two yards of gauze, value 6 l. 10 s. twelve pieces

of silk ribbon, value 5 l. the property of William Adams .

A second count, for stealing the same, laying them to be the property of Francis Haydon .

Francis Bolton saw the prisoners break the box open, and take out the goods; they were taken upon the spot; the property was found on them, and William Laythorn saw the prisoner Watkins get into the waggon, and carry the box into the shed.

ALL THREE GUILTY .

Each transported for seven years .

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

Reference Number: t17860426-25

343. JAMES THOMPSON was indicted for feloniously stealing, on the 31st day of March last, twenty-eight pounds weightof leaden pipe, value 5 s. belonging to William Rabford , and fixed to his dwelling-house .

The prisoner was a chimney-sweeper , and was caught in the dust-hole with the lead.

GUILTY .

To be transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-26

344. JOHN SMITH was indicted for feloniously stealing, on the 17th day of April , one wooden firkin, value 18 d. and seventy-six pounds weight of butter, value 40 s. the property of Henry Capel and John Girdler .

Philip Trimley took the prisoner with the butter in his arms upon his knees an hundred yards from his cart, and John Lambert saw the prisoner with the butter in his arms when Trimley seized him; the prisoner said, d - n his eyes, he had found a prize.

Prisoner. I picked up the butter.

GUILTY .

To be transported for seven years .

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

Reference Number: t17860426-27

345. ELIZABETH COLE and MARY JOHNSON were indicted for feloniously stealing, on the 1st day of April , nine pair of men's worsted stockings, value 20 s. the property of Griffith Humphrys and John Humphrys .

JOHN HUMPHRYS sworn.

I am a linen-draper and hosier , in partnership with my father Griffith Humphrys , No. 27, Shoreditch . On Saturday evening, the 1st of April, having been out about ten minutes, I was informed, on my return, that two shop-lifrers had been at the shop; I ordered the shop to be shut up, and standing at my door, I was informed the two girls were gone into another haberdasher's just by, and I heard the prisoner Johnson say to the other, it will not do; so they went on a few doors farther, and they stopped suddenly, and Johnson said to the other, let us go back: after a pause of about a minute or two, they turned round; I let them pass me, and as they passed me, she said, I will buy, but God bless you, mind you are not seen; I concluded from that they were going into the haberdasher's shop, and I intended to watch them; but they passed it, and went into my shop, and the prisoner Johnson asked to look at a piece of cloth she saw when she was there before; she was shewn it, and made no difficulty about the price or quality, but upon the quantity; at last, she determined on buying a yard and a quarter of it; there were some printed cotton stockings lay upon the counter; I did not see either of them take any thing; Johnson paid, and they went out together, but I suspected Cole to have something, and I observed her to make a move with her arm, as if she wanted to throw something away, and she let fall a parcel of stockings, nine pair, with my mark upon the paper; I am sure of the property.

Evan Price , the shopman, deposed to the same effect, as to the prisoners coming into the shop the first and second time, and that Mary Johnson asked to look at some cloth, and the prisoner Cole in the mean time turned herself about, and leaned her back

against the other counter opposite, where were a parcel of stockings; she stood there about half a minute, and after that she moved herself from there, and came nearer to him, and then he could see a parcel which afterwards proved to be the one produced; he saw the side of it under her cloak, as she was shifting it to get it more out of sight, but he did not see enough of it to know what it was; but her manner of concealing it gave him a suspicion; they went out of the shop together, side by side, and he afterwards saw the parcel drop from the prisoner Cole.

The prisoners both denied the charge.

The prisoner Cole called one witness to her character.

BOTH GUILTY .

Each transported for seven years .

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

Reference Number: t17860426-28

346. THOMAS MARSHALL , JOHN BOOTY , and PETER , (a Black man ) were indicted for burglariously and feloniously breaking and entering the dwelling-house of John Wiley , about the hour of three in the night, on the 3d day of March last, and burglariously stealing therein three yards of cloth, value 3 s. one yard of gauze, value 2 s. one apron, value 2 s. a cloth waistcoat, value 1 s. a gown, value 10 s. a pair of breeches, value 1 s. one shoe, value 2 d. two remnants of cotton, value 6 d. a cap, value 3 s. a flannel petticoat, value 6 d. a printed cotton gown, value 1 s. 6 d. a dimity bed-gown, value 6 d. three sheets, value 9 s. four fans, value 1 s. one wrapper, value 6 d. two hair brushes, value 6 d. two linen work-bags, value 2 d. fifteen cotton stockings, value 2 s. a damask table-cloth, value 14 s. a rug, value 6 d. three woollen blankets, value 10 s. a muslin flounced petticoat, value 3 d. a piece of linen, value 1 d. three yards of white ticking, value 18 d. a looking-glass, value 15 s. three yards and a half of shalloon, value 3 s. 6 d. a yard and a half of Russia cloth, value 6 d. a bed-gown, value 1 d. four caps, value 4 d. two bibbs, value 1 d. one muslin handkerchief, value 2 d. seventeen metal coat buttons, value 1 s. and two candles, value 1 d. his property .

JOHN WILEY sworn.

I am a shoemaker ; I had left this house about a fortnight, it was mine till quarter day; two of my apprentices slept there; I know the prisoner Booty exceedingly well; he worked about the premises most part of last summer in the callendering way.

ANN WILEY sworn.

I was there on the Saturday morning before the house was broke open; it was safe then, and I took the keys with me.

JOHN LANDE sworn.

I am a watchman, I found the window of this house open at three, it was fast at two; I went for the assistance of my brother watchman and went in, and found some goods in the house, the back door was open.

MATHIAS MILLAR sworn.

I live next door; to the best of my knowledge the house was fast over night; the watchman alarmed me at three o'clock.

MARY ROBERTS sworn.

I live in Acorn-alley, Bishopsgate-street; I take in washing; one of the prisoners, I think his name is Booty, asked me to pawn a few things, which I did; on the Saturday I went into the room where the three prisoners were, because Booty promised to lend my husband a couple of shillings; I understood it was Booty's room, and they asked me to pawn a few things that came out of the country, the things were in the room; I pawned a piece of new cloth for three shillings and sixpence, I got nine shillings in the whole; I pawned the things at two different places, it was at different times in the same afternoon; I gave them the money and the duplicates; I never was in the room before; I never pawned any thing for them before.

WILLIAM BARKER sworn.

I am a pawnbroker in Holywell-street, Shoreditch; I produce three small parcels

that were pledged by this woman Mary Jones , a piece of black shalloon, a piece of new cloth, two pieces of cotton, and a dresser-cloth, that was one parcel; here is a child's gown, four child's shoes, and four caps, two little pieces of diaper, and about a yard and an half of silk; I lent one shilling on these small articles; one shilling on the silk; and three shillings on the shalloon and cloth. (The things deposed to.) Mary Smith , another pawnbroker, produced some other things which were deposed to; John Armstrong and James Shakeshaft produced the things which they found in the room, where all the three prisoners were in King John court, Holywell-lane, up one pair of stairs, which were also deposed to.

Court to Mrs. Wiley. When you came to the house, what observations did you make as to the doors and windows? - I examined the windows, and both sides of the glass had been broken of the back kitchen door, the casement side was broken, the bar was fast on that side and I imagine the other side had been broken, the casement had been opened; I suppose they had got in at the casement, by lifting up the bar; there must have been some instrument, or else they could not have done it.

PRISONER MARSHALL'S DEFENCE.

I found the things going to work at six in the morning; I am a chimney sweeper.

The Prisoner Marshall called one witness to his character.

PRISONER BOOTY'S DEFENCE.

I overtook Marshall, and saw him find the things.

PETER, (the black man's) DEFENCE.

I am innocent of the matter. I only came into the room.

THOMAS MARSHALL , JOHN BOOTY ,

GUILTY Of stealing the goods, but not of breaking and entering the house .

Each to be transported to Africa for seven years .

PETER, (a black man) NOT GUILTY .

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

Reference Number: t17860426-29

347. WILLIAM LYONS was indicted for feloniously stealing on the 16th day of April , one hand saw, value 2 s. one tenant saw, value 1 s. and one pair of pincers, value 1 d. the property of John Barrow .

The prisoner was taken coming out of an unfinished house with the things upon him.

Prisoner. I found the things; I am just come from sea.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-30

348. SAMUEL ROBERTS was indicted for feloniously stealing on the 18th day of March last, eight pounds weight of kitchen fat, value 13 d. the property of Edward Bozley .

The prisoner was taken with the sat upon him.

Prisoner. I am not guilty.

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

GUILTY .

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

Tried by the Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-31

349. THOMAS ROBINS was indicted for feloniously stealing on the 29th day of March last, one wooden till with a brass lock, value 6 d. and seven shillings in monies numbered , the property of Thomas Dixon .

The prosecutor saw the prisoner in the shop, and pursued him immediately, and saw him throw down the till, with the money in it, being seven shillings in half-pence, and five or six shillings in silver; and Robert Smith saw the prisoner come out of the prosecutor's shop with the till.

GUILTY .

To be privately whipped , and imprisoned one month in Newgate .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-32

350. DAVID JONES was indicted for feloniously stealing on the 21st day of March last, one piece of woollen stuff called tammy, of the length of 39 yards, value 30 s. the property of Messrs. Robinson and Hotham , privily in their warehouse ;

And JOHN DAVIS was indicted for feloniously receiving the same knowing it to be stolen .

- HOTHAM sworn.

Jones lived as porter with us; on the 21st of March, between four and five, I saw a piece of goods which Nicholls brought me, which I marked; I suspected the prisoner for some time; the piece of goods was put in the place where he told me it was secreted; it was a place under the press, confined to rubbish entirely; I desired every one in the house to take notice where this piece of goods was; I desired the prisoner might be particularly watched, not only so, but I desired a gentleman to watch on the outside of the door in the morning.

JOHN NICHOLLS sworn.

I live with Messrs. Hotham and Robinson; I remember carrying a piece of goods to Mr. Hotham on the 21st of March, which he marked; I found on the 21st of March about five in the afternoon, that it was not in the proper place for it, it was a piece of my master's goods.

Have you any knowledge who put it there? - Yes; I saw the prisoner Jones putting something there, and I went and looked and found the piece there.

Where was the piece? - On a shelf in the shop, about as far as I am from you; I took it to the prosecutor, and he marked it in my presence; I took notice of the mark he put upon it which was the letter (H,) I then took it and put it in the place where I found it.

Do you know of your own knowledge what became of it afterwards? - I looked the last thing that night; I locked the door and saw it was there; I saw a man I did not know, and David Jones following him; David Jones opened the warehouse first, it was a few minutes after I came down; I went and looked, and the piece was gone.

Mr. Garrow, Prisoner's Counsel. What part of the counter did you see these goods on? - Almost at the further end of the warehouse, furthest from the street, under a press in a large hole, where there is nothing but lumber.

Is that part of the warehouse a good deal frequented by the persons in your trade? - Yes; by our own people.

Did not you recommend to Mr. Hotham or his partner to lay some plan, which I call some trap, and this particular plan to put this piece of goods under the counter? - No, by no means.

Recollect? - I do not know whether Mr. Hotham bid me put it, or that I recommended it.

Where were these goods taken from before they were put under the counter? - Out of a hole, a partition of about five or six yards from the place, and it was found by me under the press.

At the time you found it there you suspected it to be put there for the purpose of being taken away by Jones? - Yes.

Was it put there again for the purpose of being taken away by him? - It was put there to see what he would do with it; we expected it would be carried away by him; it was certainly put there to see whether he would carry it away.

How long have you lived with Mr. Hotham? - Five years.

How long did Jones live there? - About four years.

Upon what terms have you lived together? - We have always lived on very friendly terms, only sometimes we quarrelled.

Have those quarrels ever proceeded to blows? - No; only once he told me he would tear my heart out; there was no grudge between us at the time because we were upon friendly terms, but I shall always do the best I can for my employers.

How long is it ago since he gave you blows? - He never did give me blows.

Where was that quarrel? - In the kitchen.

Was any persons present? - Several; the cook and some of our men.

THOMAS CLARKE sworn.

I was requested to keep a look out, and on Wednesday morning I was in Grace-church-street before Mr. Hotham's warehouse was open; I saw the porter open the warehouse; a little time afterwards, I saw a man come from the door with a parcel; there is a court very near the warehouse; the man turned up the court, and I followed him; in that court there are several turnings different ways, and he escaped me; from the description I gave of his person it was supposed to be Davis; I went with the officer and Mr. Robinson, as soon as I saw Davis, I said it was him.

Was it him? - I never was nearer him than fifteen yards, he was in the same dress, to the best of my knowledge it was him; I was present when the goods were found; they were found in Davis's apartments in a box near the fire.

Was the box locked or open? - I do not know.

How did you know the apartment you searched was Davis's? - I did not know they were his, the constable directed me to them; Davis was present in the apartment; he said he had bought the goods of some person, but I do not know who; he looked out a great many bills of parcels, but did not find the particular one that contained these goods; there were two pieces of goods found there.

Did he say he bought those pieces of goods before or after they were found? - After they were found.

Mr. Keys, Prisoner Davis's counsel. You do not pretend to any knowledge of the prisoner Davis? - I saw him when we searched that apartment.

You do not mean to be understood that he was the man that came out of the house? - I believe he is the man.

Did you examine the bills of parcels? - No.

EDWARD RIGBY sworn.

I found these things in Davis's apartments in a box, the box was not locked; we found these two pieces, they said they had nothing more than their own; he said he would produce the bill before the Lord Mayor; he and his wife were in the room, he kept the bills of parcels in his possession, the pieces have been in my possession locked up at Guildhall.

Prosecutor. This piece of goods is the very piece I marked, it was put in a fresh paper, I opened the paper and put my mark on the body of the piece.

Court. Let me look at the mark? - (handed up.)

Prosecutor. This is a tammy; when I found this tammy was gone, I took from the prisoner Jones a pocket book, and the first thing I found in it, was a direction to John Davis , in consequence of which I sent for a search warrant.

Mr. Garrow. How many persons were up before Jones that morning? - I dare say he was the person first up.

Nicholls. The footman was up before Jones.

Prosecutor. Jones had the keys from me.

PRISONER JONES'S DEFENCE.

The footman was up before me and opened the warehouse door; when I came down, the warehouse door was opened, I went and asked for the key of the partition, he said he forgot to bring it down; I went and brought it down; I over slept myself that morning later than any other since I have been in the house.

PRISONER DAVIS'S DEFENCE.

I dealt in these things, and paid a great many hundreds in these thin gs; I had been selling a stock; there are people in court that can prove it, and some that will give me a good character.

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

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

DAVID JONES , GUILTY Of stealing, but not privately .

Transported for seven years .

JOHN DAVIS , GUILTY .

Transported for fourteen years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-33

351. CHARLES BROMEFIELD alias BROMFIELD , was indicted for feloniously stealing, on the 17th day of April , one brass mortar, value 12 d. one brass pestle, value 12 d. the property of Richard Netharcott .

The prisoner was taken thirty yards from the prosecutor's house with the pestle and mortar upon him, which the prosecutor saw him take.

Prisoner. I found the pestle and mortar, ten yards from the prosecutor's house, and now the prosecutor is willing to lay that weight to me.

GUILTY .

To be publickly whipped in Holborn , and imprisoned for six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860426-34

352. ELIZABETH TAVENOR was indicted for feloniously stealing, on the 17th day of March last, one linen shirt, value 2 s. 6 d. the property of Richard Hunt .

The shirt was found at the pawnbroker's pawned by the prisoner.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860426-35

353. HENRY GREY was indicted for feloniously stealing, on the 1st day of April , eleven pounds weight of beef, value 4 s. the property of Theophilus Pomroy .

The prosecutor saw the prisoner take the beef, and stopped him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-36

354. JOHN CLEMENSON was indicted for feloniously stealing, on the 28th day of March , thirty pounds weight of tobacco, value 30 s. the property of Charles Wright , and Solomon Davis , and three pieces of Irish linen, containing 70 yards, value 3 l. 10 s. the property of John Mathews .

John Ridge delivered the parcel to the prisoner the corner of the Bell Inn, in Smithfield; the prisoner said he was the book-keeper, and presently made off with the parcel; he flung down the parcel upon being pursued.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-37

355. JOHN KENTISH was indicted for feloniously stealing, on the 3d day of April , one silk handkerchief, value 1 s. the property of William Wilks .

The prosecutor missed his handkerchief, accused the prisoner, who immediately ran off; he pursued him, and saw him take the handkerchief from out his trowsers.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-38

356. ESTHER NOBLE was indicted for feloniously stealing, on the 10th day of March last, one watch with the inside and outside case made of metal, covered with shagreen, value 30 s. two metal seals, value 2 s. a linen shirt, value 6 s. one pair of silk stockings, value 1 s. a coat, value

6 d. an apron, value 6 d. the property of Joseph De Marco , and one callico gown, value 7 s. the property of Peter Campbell .

ELIZABETH DE MARCO sworn.

I am wife of Joseph De Marco ; I went out between the hours of three and four in the afternoon, on the 10th of March, and I left a relation of mine in the room, I am only a lodger in the house. I returned between nine and ten; I missed a metal watch, and a man's blue coat, and a check apron, and a shirt unmade, and a pair of silk stockings, I left the watch hanging on the chimney, the check apron upon a horse, and the coat on a chair, the stockings in a box, and the shirt in a clothes bag.

MARY ANN CAMPBELL sworn.

I went out about half after four; I locked the room, and lifted the latch, and pushed my knee against it; I returned again as the clock struck eight; I found the door open, and the watch gone, and my gown; I do not know who took it.

DANIEL SLACK sworn.

I am seventeen; the prisoner came about nine at night to Mr. Rushman's in Monmouth-street, a pawnbroker's; it was on the 10th of March last, and brought a watch and gave it to me, I asked her what she wanted upon it? she said half a guinea; I looked at it, I saw it was too good for the money, I asked her whose it was? she said she came from Moses Allen , Drury-lane, near the coal-yard; I asked her if she knew the person's name of the house, or the number? she said, no; I asked her her name? and she said her name was Ann Hill; our journeyman kept her in talk, while I got a warrant; I have the watch, I know it to be the same by a mark that was upon it; I am sure the prisoner is the person; I never saw her before; she never went out of the shop.

THOMAS MUMFORD sworn.

I took the prisoner, and marked the watch, this is the same (the watch deposed to,) the shagreen is worn away in two or three peices, and there is no silk withinside; there was a steel chain and two seals; I cannot describe them; this is the same watch.

PRISONER's DEFENCE.

The same night I got the watch, I was going over the water, and a woman got me to pawn it, and she said she would give me half a crown.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-39

357. ELIZABETH STANLEY , ELEANOR MACDONALD , and ELIZABETH EDWARDS were indicted for feloniously stealing, on the 6th day of April , one linen gown, value 25 s. a cloak, value 20 s. two aprons, value 1 s. a linen shift, value 3 s. a linen shirt, value 2 s. one linen apron, value 1 s. a check apron, value 6 d. a muslin handkerchief, value 2 s. a neck handkerchief, value 2 s. a linen ditto, value 1 s. a cap, value 1 s. 6 d. a pair of ruffles, value 12 d. a pair of laced ditto, value 1 s. a pair of mittens, value 6 d. and a night cap, value 6 d. the property of Samuel Chapman , in his dwelling house .

ARABELLA CHAPMAN sworn.

My husband's name is Samuel Chapman ; on the 6th of this Month I lost the things mentioned in the indictment; I met the prisoner Stanley coming out of my kitchen with a large bundle, I thought she had been one of my lodgers; I was so frightened I had not power to speak to her nor to stop her; I let her go out; the tall prisoner, Edwards, came in when she heard me cry, she said, if I would make myself happy, she would find the prisoner in two days, for the things were not pawned, they had not got to St. Giles's.

SAMUEL CHAPMAN sworn.

I was not at home at the time of the robbery; I came home about eight o'clock, and the prisoner Edwards came to tell me to pacify my wife, for she would bring the person in two days that had taken the things; upon that I took her up, I gave her in charge to the watchman; she ran away from the watchman; I ran after her, and took her to the watch-house; she asked

the reason why we did not take the other person up, that was Macdonald; then we went and took her up.

WALTER TANNER sworn.

I saw these two girls, the short girl Stanley, and the tall one Edwards; and coming by Mr. Chapman's kitchen window, I saw the short one stoop down, and peep into the window, that was at four in the afternoon; I knew the tall one before.

GEORGE PICKERING sworn.

These two girls, Edwards and Macdonald, came into my house, and called for a glass of liquor, and another woman, which is very much like that woman which stands in the middle; I do not say positively whether she is her, or not.

When did they come in? - About seven o'clock.

On what day? - I am not positive to the day; they were taken up the same evening; they only called for a glass of liquor a-piece, and paid for it, and went away.

SARAH WESTON sworn.

I know the prisoner Elizabeth Stanley ; I saw her come out of the house with a bundle of Mr. Chapman's; I saw her walk backwards and forwards with Edwards several times; I saw Stanley go on after some other woman; I thought she might lodge in the house; she had no bundle when she went in; when she came out, nobody was with her.

REBECCA HAINES sworn.

I heard the prisoner Edwards say she would find the things in two days; Mrs. Chapman told her she would give her a guinea, if she would tell her where directly; she said she did not know, but she knew they were not pawned, she knew they were not further than St. Giles's.

ELIZABETH ASH sworn.

I heard Elizabeth Edwards say at Mrs. Chapman's, that she would bring the person in two days; she offered her a guinea, but she said she could not tell her directly.

MARY PITT sworn.

I saw the prisoner Stanley pass there at seven in the evening of that day; I was in Mr. Chapman's shop; then nobody was with Stanley; she passed the door again with a bundle in her apron; I did not know her before, but I am sure it is the same person. I heard Elizabeth Edwards say, if Mrs. Chapman would be easy, she would find the things in less than two days.

Court to Mrs. Chapman. Were any of your things ever found again? - No.

What things did you loose? - (Repeats the things in the indictment.) The things were in a large earthen pan in the kitchen; they were lapped up in a small check apron; I saw them about a quarter of an hour before.

What might the value of these things be at a low valuation? - They were all new good things; I could not put them in the place under nine or ten pounds.

But what would they be worth to sell for? - I heard they were sold for five pounds.

PRISONER STANLEY'S DEFENCE.

I know nothing it; they have taken up the wrong woman. At the time when the witness says she saw me, I was in Clerkenwell prison, at that blessed time.

Prosecutor. When she came out of the kitchen, she held down her head; but this is the person that was with the tall woman all the day.

Court to Sarah Weston . Do you know Elizabeth Stanley , are you sure she is the person you saw go in, and come out with the bundle? - I am quite sure of it; I have no doubt at all.

Mary Pitt . I am sure it was Elizabeth Stanley .

ELIZABETH STANLEY , GUILTY Of stealing, to the value of 39 s.

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

ELEANOR MACDONALD , NOT GUILTY .

ELIZABETH EDWARDS , NOT GUILTY.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-40

358. MARY DYKES and ELIZABETH HEBERT were indicted for feloniously stealing, on the 11th of April , six guineas, value 6 l. 6 s. the property of John Sampey .

JOHN SAMPEY sworn.

I am a publican ; I live at Deptford. I lost my money on Tuesday the 11th of April; I was going to Deptford about ten in the evening on foot alone; and the prisoner Hebert accosted me, and asked me if I would treat her with a glass of gin, and I proceeded on; she still asked me; I said, can you drink gin; she said, yes; this was at the end of Rosemary-lane; I was then going home, and she asked me if I would go home with her; she said it was but just by; I said, I cannot stay; she said, do, go home with me; and I being a little prevailed upon, went with her.

Was she alone? - Yes; I went with her, I do not know the house, and after coming into the room, she asked me what I meant to give her to drink; I said I did not know; I wanted to go away again, seeing the situation of the place; I gave her sixpence; there was a door that came from another room into that; Mary Dykes came into that room, and persuaded me to go into the room to her, and said I might come in that way; when I came in, the other followed me, and she asked me to send for a pot of porter; I said I had no change, only a guinea; I did not chuse to trust them with a guinea, but if they would bring change for a guinea, I would pay for a pot of porter; they could not get change for a guinea; in the mean time, while another girl was gone for a pot of porter, Mary Dykes partly undressed herself; she persuaded me to sit on the bed; I would not, I sat on the chair, and she began to unbutton my breeches in a most scandalous manner. I then said, I will go and get the porter myself; after that I got out of the house, and found myself clear of the place I ran as fast as I could, and took water; I said to the waterman, I fancy I shall want change for a guinea; I felt in my pocket and found my money was gone; I desired the waterman to put on shore, and make his boat fast, and I took him with me and went to the place; I told two watchmen of it; I went with the officer of the watch, and the beadle; I went into two or three different streets, till I found out the house, and I found the two prisoners and another woman and a man, the man and woman were in bed; the officer asked me if they were the people; I said yes; I told him they were the people; the prisoner Dykes

said she never saw me in her life before; he told her I had been robbed, and they had the money; she still said she never saw me before; I desired the officer to search them; accordingly the officer searched Mary Dykes , he found sixpence in her apron-string; they heard the jingle of money, by which reason they immediately searched her all over; they could not find any money for a considerable time; afterwards, he said we should all go to the watch-house, he insisted upon it; and accordingly following Mary Dykes , she began to swear and storm about it; they got her into a passage, and she pretended to be in a kind of fit, and they put her into the room again, and they found a guinea; then they began to dispute about it, and a man and a woman that were in bed were desired to get up, and I pulled up the head of the bedstead, and saw two guineas and a half lay; I gave that to the officer; after that they insisted on searching further, and Mary Dykes began to storm and swear; and the watchman found another guinea just where he stood; then they were all taken to prison; we found no more money; and the next morning there was a hearing before the Magistrate, and he asked Mary Dykes if she concealed any part of that money, and she said, no; there was some silver that was taken away from Elizabeth Hebert , I only just asked her if she claimed that, she said, yes; seven shillings she had from a gentleman in a coach, and five shillings of it was her's; I believe the silver was found in Hebert's pocket; I was desired to appear the Saturday following; this was the Tuesday, when I came to the watch-house; the next Saturday I saw the beadle.

Was you in liquor? - I cannot say I was sober; I was not very much in liquor.

Was there any light in the room where you was the first time? - When we first went in, the girl called for a candle in the entry, and a candle was brought; I am quite sure these were the women; I can only say I lost six guineas; it was loose in my right-hand breeches-pocket.

JEREMIAH KING sworn.

On the 11th of April, I was officer of the night, and the prosecutor came to me between twelve and one in the morning, and informed me he had been robbed of six guineas; I asked him, by whom? he said by two women of the town; he said he knew the women, but did not immediately know the street: he went up different streets, and at last found the house; he said he was sure that was the house; there was a light in it, and the shutters were cracked, and we saw through, and within the room I saw two or three persons; I heard them disputing about money; the words were very high, and I believe I could safely say I heard Mary Dykes 's. voice in particular; he said they were the girls, and that was the house. I knocked twice; somebody came, and asked what I wanted; I said, I must see Nancy; the prosecutor said her name was Polly; I then said, I want Polly; they said, what Polly? I said, the girl that I sleep with sometimes, in order to obtain admission into the house; then the prisoner Dykes opened the door, and the prosecutor said he was sure she was the woman that robbed him of his money; I took charge of her; she denied it; she wanted to go to the window; I said she should not; I searched her, and in shaking her clothes, I heard the sound of money, and from the found, I am pretty clear it was gold; I found nothing in her pockets; I insisted on her pulling off her clothes; she hesitated; I put down my hand, and found sixpence in the tail of her petticoat.

JOHN GRIFFIN sworn.

I picked up the last guinea; she acknowledged to me that the five shillings and the half-guinea were the change of the other guinea.

PRISONER DYKES'S DEFENCE.

I lent my hat to the woman of the house; I came at ten for it, and she desired me to go in, and the gentleman asked me to get a pot of porter; he went for the pot of beer himself at ten, and never returned till almost two.

PRISONER HEBERT'S DEFENCE.

I was going down Queen-street; the prosecutor stopped me, and asked me to have something to drink; I declined it at first, and I went to the Queen's Head; he asked me to see me home; he came home with me; he sent out for sixpenny-worth of liquor; after that the gentleman wanted me to oblige him for so small a trifle as sixpence, which I did not chuse, and he was going away; as the gentleman was going away, Mary Dykes came in; the gentleman asked her to drink some porter; the gentleman desired the woman of the house to get change for a guinea, he would not trust her with the change; he got up, and put his hand in his right-hand breeches-pocket, and said he would go himself and get change; he went out, and never returned till he returned with an officer.

MARY DYKES , GUILTY .

To be transported for seven years .

ELIZABETH HEBERT , NOT GUILTY .

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

Reference Number: t17860426-41

359. JAMES GODFREY was indicted for burglariously, and feloniously, breaking and entering the dwelling-house of Elizabeth Fuller , at the hour of four in the night, on the 1st of April , and feloniously stealing therein eight silk handkerchiefs, value 8 s. one black laced half handkerchief, value 6 d. two silver seals, value 2 s. a pair of silver shoe-bu ckles, value 6 s. four silver spoons, value 5 s. a silver pap-spoon, value 4 s. a small silver toothpick-case, value 12 d. a silver medal, value 5 s. a japan'd snuffbox, value 1 s. a purse, value 1 d. three seals, value 12 d. one small rose diamond ring, value 15 s. two plain gold rings, value 15 s. twenty pieces of old silver, value 6 s. a pair of garnet ear-rings, set in gold, value 4 s. and one silver watch, value 20 s. her property .

ELIZABETH FULLER sworn.

I live at Brentford End, in Isleworth parish. On the 1st of April, between the hour of twelve and five, my house was broke open; I was at home, and went to-bed at eleven; my son is generally the last; I did not see the house fastened before I went up; about five, we were alarmed by our neighbours that our house was broke open.

JOHN FULLER sworn.

The servant-maid was the last up; she is not here; I always fastened the shop-window myself, and locked the two doors; there are two doors into the shop: the next morning, about five, we were alarmed by the neighbours that the shop was broke open; I got up, and went into the shop, and found the tiles and ceiling of the shop broken, and the leads both, and somebody had got in between the rafters; the shop adjoins to the house, but there is no room over it; there was room enough for a man to come through; I looked round the shop, and found two drawers open, one the till, and another; and I missed a number of different articles, and some silk articles which lay in the window. There was nothing done till about a quarter after seven in the morning, when Mr. Black came up to desire me to come down to the Feathers, that there was a suspicious man there; when I came there, we went up into the room where the prisoner and his wife were, and the first thing we discovered, in searching the room, was a Cheshire cheese under the bed; the next thing that I could swear to, was a snuff-box that lay on a chair in the prisoner's room; after that, the prisoner was searched; there was a piece of money found in his pocket; the prisoner said it was a crown piece when he took it out, but it was my medal.

In which pocket? - I believe the right-hand breeches-pocket; I do not recollect any thing else being found: his wife was then searched, and all the rest of the articles, except a watch, were found upon her.

What did the prisoner say for himself? - He said he had not been out; he said nothing more; we found the watch, on coming

back, which was in the cage where the prisoner was confined, before we took him to Bow-street; I saw it found.

Was there any body else in the cage when he was there? - Nobody else, nor before, that I know of. I know nothing further.

JOHN KING sworn.

About six o'clock, on the 1st of April, I heard this shop had been broke open, and my suspicion fell on the prisoner, because I was sent for the Thursday before about him; I got assistance to help me; I sent for Mr. Fuller, to enquire what he had lost, before I took him; I went up in the room, and took him; he lodged at the Feathers.

How long had he lodged there? - Not a fortnight; he had lodged at the Red Lion about six or eight weeks before he came there; I had seen him before; I do not know his business. The first thing that was found, was a snuff-box on the chair; I went to search him; he said he had a crown piece; I took it out, and Mr. Fuller said he would swear to it; I felt in his other pocket, and I believe there were some seals there, but I do not particularly recollect them; it was a japan'd snuff-box; after I had searched him, I told his wife I should search her; she said, it is of no use to keep it any longer; so she pulled out these things out of her pocket, and the buckles and pap-spoon, and tea-spoon, and this case and some of the seals, and some loose silver, which was tied up in this glove, I found in a box in the room; he said he had not been out that morning; I said I knew he had, his breeches were all over mortar; the watch I could not find about him then, though I believe I was flurried, and did not feel on the right side; when I came back, I found they were afterwards in the cage.

Had any body else been in the cage between that time? - I believe not.

How long afterwards was it that you looked in the cage? - As soon as we came back from Bow-street; it might be about three, it was in the afternoon of the same day; here is a leather purse I found in a box with Mr. Fuller's name upon it in his own hand writing, that was in the box in the room with the loose silver.

MOSES EDMUNDS sworn.

I was going to my labour about ten minutes before five, and I saw a man coming through the shop, through the ceiling, and he ran away, and I followed him, and I went to the publick house, I cannot swear to him; he had a light loose great coat on; he was very like the prisoner by the back, but I cannot swear to him.

JASPER PELLIGOTT sworn.

On Saturday the 1st of April, I was going up Brentford, and he called after me, and said, Mr. Fuller's shop was broke open; I went with him; I had the same reason to suspect the man that he had, and we went into the room, and found the things as described by the constable; when we came back to Bow-street, I asked the woman at the Brown Bear , if she knew any thing of the watch, and the only answer she made, was, have you looked in the cage; we found it there.

JOHN STILES sworn.

I live at Brentford, at the Feathers; the prisoner lodged at my house about eight days; I remember the night this robbery was committed, the prisoner went out about a quarter after four in the morning, as nigh as I can guess; I never saw him till about seven, then he came in.

Did you observe him bring any thing with him about that time? - He had something in a white cloth he carried in his hand, but what I cannot say.

Did he use to go out so early? - I never saw him go out so early before.

What employment had he at your house? - I do not know.

Did he work at any thing? - I cannot really say he did, he was there so short a time.

It was pretty near day-light, when you let him out in the morning? - Yes, it was break of day.

(The snuff-box deposed to.)

Prosecutrix. It lay in the till; I saw it forty or fifty times a day.

Court. Let me look at it, it is an old box, a good deal worn.

Then from the marks and appearance of it do you know it again? - Yes.

Have you any doubt of its being your's? - Not the least in the world; these rings were taken out of the same drawer; the two gold rings lay in a box, where there was some silver and halfpence, the diamond ring was in a box wrapped up in a paper; I have no doubt of the box and the rings.

(Mr. Fuller deposes to them.)

This purse is mine; I do not know the watch, this was a watch pledged on the Friday; there was a watch the night before in the drawer, and it was gone in the morning; I can swear to the silver medal.

What is it a medal of? - Something of a battle; that lay in the same drawer where the two gold rings lay.

What was the device on the medal you lost? - There was some man on horseback.

And what woman, do you know? - I do not know, Diana, I believe it was.

Court. No, it is Anna, not Diana; how long have you had it? - Ever since I can remember.

Have you never taken notice what the medal was? - No.

How can you swear to it? - By seeing it constantly.

Mrs. Fuller. I cannot say I know the medal; I have seen it a number of years in that same drawer; I know this little toothpick case; I do not know the handkerchiefs, otherwise than seeing them lay in the window; I know the ear-rings and buckles; I can swear to them.

What may the value of these things be that are found at a low valuation? - About five guineas.

Prisoner. Sir, I am as innocent of the robbery, as a young child.

How did these things come into your possession? - A man brought them, and delivered them to me in the street; I asked him, whether I should come to any harm by them? he said, no; he delivered them to me; I cannot have my witnesses here till to-morrow, or Monday; or else I have witnesses where I was at the time the robbery was done; I went out to work at a gentleman's house, after a job of work; I am a day labouring man.

Court to Prosecutor. Name all the articles that are there? - A pair of silver buckles, four tea-spoons, one pap-spoon, a diamond ring, two plain gold rings, a pair of garnet ear-rings, and a silver watch, three silver seals, and a silver tooth-pick case, a quantity of old silver, and a silver medal.

GUILTY Of stealing to the value of 39 s. but not guilty of breaking and entering .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-42

360. JOHN SIMPSON 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 17th day of March last, with force and arms, at the parish of St. Leonard, Shoreditch , on Elizabeth his wife , in the peace of God and our Lord the King, then and there being, feloniously, wilfully, and or his malice aforethought, did make an assault, and with a certain pen-knife made of iron and steel, value 6 d. which he, in his right hand, then and there held, on the left side of the said Elizabeth, did stab, strike, and penetrate, giving to her on the said left side, one mortal wound of the length of a quarter of an inch, and of the depth of two inches, of which, she, the said Elizabeth, from the said 17th of March, till the 18th, did languish, and languishing did live; and on the said 18th of March, the said Elizabeth, of the said mortal wound did die; and so the Jurors upon their oaths say, that he the said John, her the said Elizabeth, in manner and form aforesaid, did kill, and murder against the peace .

He was also charged with the like murder, on the Coroner's inquisition.

(The Case opened by Mr. Silvester.)

ELEANOR EVANS sworn.

I am wife of Robert Evans ; my husband is a blacksmith, and lives in Rose and Crown court, Shoreditch.

How long did the prisoner and his wife lodge in that house? - Nine months, or thereabouts.

Where did you sup on Thursday night the 17th of March? - On the Thursday night, I had supped before I went to sup with the prisoner; he came in on the evening of the Thursday night, as near as I can guess, about ten, and he went up stairs, one pair of stairs higher, and he came down rather displeased, because supper was not done, and said, he would go out and get a pint of beer; but he did not go out; when he came in he made up to the draft-board, where there was a hat hanging; my husband said he would not have him go out that night but come in and sit down with him while the supper was ready; there was a bonnet hung up by the draft-board, and he pointed to it with his stick; he said, he thought it was a woman; bless me, says he, how I am deceived; then he sat down with my husband and me in our kitchen; then he said, he would send for a pot of beer, before the house was shut up, and he gave our apprentice the money, and he said he would go up stairs, and my husband should go with him; my husband had supped; and he said, never mind that Evans, you shall go up stairs with me.

Was the pot of beer drank below? - No; the prisoner took it up stairs himself; then my husband followed him, by the desire of the prisoner, and I went with them; by that time supper was ready, and we four sat down to supper; and we supped, to all outward appearance, very agreeably; he helped his wife to a bit of the pork; when we had supped, it was a little after eleven; then my husband shook hands with the prisoner, and we both went into the next room; and was called again about one by the prisoner.

What sort of a call was it? - Mrs. Evans; when I went in, and when I came in, he said to me, now do you believe there is a man in bed with her; and I said Simpson, what are you talking of, there is nobody in bed with her; he said, they were gipsies, and had been singing under the window the whole night.

Did you at that time look into the bed to see if there was any body there? - Oh, yes, there was nobody but the deceased in the bed; he then said if you will not believe, go to bed; for you will see more of them come up stairs; then I went to bed; then I was called up again about four in the morning.

Did you go to sleep? - I dare say I did.

What was the call then? - Mrs. Evans, Mrs. Evans, for God's sake come in.

Whose voice was that? - Both parties, Mrs. Simpson that is dead, and the prisoner; I got up and went into the room, and when I came into the room, the prisoner stood on the off side of the bed, in his shirt, with his breeches, shoes, and stockings on; he was undressed in the same manner at one o'clock when I went in; she was in bed; I said, what is the matter with you Mrs. Simpson; and she said, he would neither sleep himself, nor let her go to rest; then he put his hand very coolly into his pocket, and pulled out a knife; I immediately cried murder.

Into his breeches pocket? - Yes.

What sort of a knife was it? - A clasp pen-knife.

Was it clasped when he took it first out? - Yes, it was, and I cried murder; he opened the knife, and I repeated murder for God's sake; and he said to the deceased, d - n you, you bitch, I will run you through; then the prisoner made the knife to the left side, open, as she lay on her right side.

What do you mean by the prisoner making the knife to the left side? - He made it to the left side, as though he was going to give the wound; but I did not know that he had.

Take the knife into your hand, and make a motion, in the manner he did? -

He held it in his right hand, and made a motion with the blade of the knife to the side.

Where did he stand? - At the upper end of the bed, and looked exactly at her who lay in the bed.

Then you being on the opposite side, could see distinctly the motion he made? - Yes, his face was towards her; he looked at her, he did not look at me; as near as I can recollect, it was the right side.

Do you recollect which hand it was he took the knife out of his pocket with? - He certainly must take it with his left hand.

Is he left handed or right handed? - I cannot say.

Which hand did he open the knife with? - As near as I can tell, he must hold it in his left hand, and open it with his right; that is, as near as I can think; but my flurry was so great, I can hardly answer.

What, did the woman lay covered? - She lay with the clothes mousled like from her shoulder; she was a very lusty woman.

Were the clothes off from her left, or her right shoulder? - Her left shoulder.

How low down might the clothes be off? - As near as I could see, with my fright and flurry, they were laid down off her shoulder.

When he made a push towards her side, was it to the lower part of her side, or the upper part? - I cannot say; seeing no blood follow, I thought nothing of it; then Mrs. Simpson turned round immediately upon her back, and looked up at the prisoner, and said, Simpson are you going to murder me, and he immediately took the knife, and thrust it as she lay on her back, in the small part of her nose; she lay with her head rather turned; then the blood followed there in a most violent manner.

Did he use any expression when he made that thrust? - None that I can recollect.

Did she say any thing upon receiving that wound? - Nothing; I never heard her mention any thing.

What did not she cry out? - They neither of them said a word.

Did you say any thing to him? - Upon my word I cannot recollect that I spoke, except to my lodgers, who came down stairs, they lodge in the garret; my husband came and stood at the door, and he said, Simpson, what have you done, have you cut your wife's throat; and he made no answer.

What became of the knife? - He came round while I was washing the blood off her nose; Simpson came round to the place where I stood; I had the deceased's head on my arm, and was washing the blood off her nose, and was trying to stop it; then the prisoner came round to my side with the knife in his hand, and I said, Mr. Simpson, I wish you would give me this knife, upon which he gave it me; it was open when he gave it me.

Was there any blood upon it? - Upon my word in that confusion I cannot say; I gave it to my husband, as he stood at the door; then with the assistance of my lodgers, we took her and helped her into the next room, into my child's bed, for fear any thing should ensue; I took her thinking if there was any thing of passion, she had better be out of the way.

Was there any appearance of either of them being in a passion? - None, that I saw at that time, in either of them.

Did the man appear to be in a passion when you first came into the room? - No, but what I made mention of; he looked in a very fierce terrible manner.

Different from what he used to look? - Yes, Sir; I never saw him commit such a rash action before; he looked in a very troubled bad situation; I never saw him look so before.

Did you put any clothes upon her before you moved her? - I put her on a clean shift; that was dirty on account of the blood and the water.

Where did you shift her? - In her own room.

In doing that, you did not take notice of her having received a hurt in her side?

- No; after I got her into my room, I asked him if he had not better go to bed, he came to the door, and made answer, he should not go into that bed to night.

Was any thing said during the time you was shifting her, by either the prisoner or the deceased? - No; she never made any complaint at all.

Court. What became of him after he said he should not go to bed that night? - He had his clothes on, and I said, he had better go to bed to his wife, and I said, I would make the child get up and come into our bed, which was in the same room; he laid down by his wife, and I believe he lay about ten minutes, I cannot recollect there was any thing said by either of them; then after I was settled in bed, he got up and blew my candle out that stood on the drawers, I said Simpson, this will never do, I shall not lay here in the dark, and I got up and struck a light, at that time he got off the bed, after I struck a light, and got out in the passage; he was disturbed and troubled in his mind as I thought; I cannot recollect any thing more of the circumstance, till after he had been out in the morning, and had been in again, which was about eight o'clock, then he came into the room, and he said, remember, Mrs. Evans, I gave you the knife.

Where was his wife? - In bed; he said you have my knife; I said yes, but I do not choose to give it you; with that he said, never mind it; and he went out of the room, and went into his own room, and soon after he came out of his own room and came to my door again, with a pair of new buckskin breeches in his hand, and his plain shirt; and he said he was going to the Halfmoon, in Halfmoon-alley, at George Wood 's; I saw no more of him the sore part of the day, till eleven or twelve; then he came into the room where his wife lay; and said, I believe one of her eyes is out; and I said, no Simpson, her eyes are as well as your's, it is only the wound in her nose; says he, I must send for a surgeon; then he went down stairs again, and nothing passed at that time; then I went out, and went to her friend to let him know the situation she was in, a gentleman where she used to have her trifle from; the gentleman said, I must get her advice for what was wanting, and he would give it me; I came home, and went and fetched a surgeon; by this time it was about two.

Mr. Silvester. This friend used to pay her her annuity? - Yes; then I went to Mr. M'Larching in the Fields; he was not at home, he did not come to his time; then I sent for him again; he said he could not come; and she complained of being sore all over, then I sent for Mr. Taylor, that was about seven, or after seven, I cannot say justly; she said one of her ribs was very sore, and Mr. Taylor put his hand into her bosom, and felt it, and said, swelled indeed! and he bid me bring a candle, and he examined where she complained, and there he found the wound; that was the first time the wound was discovered; he took an instrument into his hand, and examined the wound, and I said, I hope it is not so deep as that; and he said it was, and he ordered me to make a poultice directly, which I did with bread and milk, and hog's lard; he ordered her a draught to compose her, and she slept, as near as I can recollect, near half an hour; then she grew worse and worse the whole night till the morning, when she expired.

What time in the morning did she die? - At half after six on the Saturday morning; the whole night she lay in great agonies; she said, God forgive him, for I do; they asked her if she had any body to send to, and she said no; she said her misery was so great, she could not live many hours.

When was this man taken up? - He was rather obstrepelous; she was then alive, and he said he would go up stairs to see his wife; I said, well, Simpson, you shall go up, and he sat down quite composed, to all appearance, and as soon as I went down, he pulled the pillow from her head, and mousled the clothes; I found them sowhen I went up stairs.

You told me, that after he had said he would not sleep in that bed that night, he went out, and you do not recollect seeing him till the morning, when he said, Mrs. Evans, remember I gave you my knife? - It was after he went out, he had the buckskin breeches, and after he had said one of her eyes was out, I had been to her friend; when he came in that night, I was in the kitchen, I went up with him, and when he came up, he seemed very composed; he sat down by the bed-side; there was nothing of anger or passion, and I seeing every thing was quiet, went down.

How long was you down stairs? - Upon my word I cannot say; I left him there while I went out for a surgeon the first time; and when I returned, I went up to the deceased, and he was down in the kitchen; how he got down, or by what means, I cannot say.

When you went up, what state was she in? - I found the clothes half way down as she lay in bed, and I saw the pillow laying at the foot of the bed.

Did the deceased say any thing at that time about his coming up? - She said he had been pulling the pillow about, and she had rather not see him.

Do you recollect the particular expression she made use of? - She made use of none; says she, do not pother me, Simpson, let me alone; that was when he was talking about her eye being out. I hope, my Lord, if I am mistaken, you will be so good as to excuse it, it is a heavy affair, she was as good as a mother to me.

Mr. Silvester. What age was the woman? - Fifty-two.

Mr. Garrow. Mrs. Evans, these two people have lodged in your house for nine months? - Yes.

Do you know from what place they came to lodge with you? - Yes, out of Ludgate prison.

Do you know how long they had been there? - I cannot say.

You have said you never saw him behave to before? - Never.

Upon what terms did they live together during the nine months you observed their conduct? - Very happy.

Did you ever see him beat her? - No; but I have said to her I would go to my friends; says she, Mrs. Evans, if I came to you for my support, then you should speak; if I like it, who has any business, my five shillings a week will always keep me.

You say they lived well together? - Yes; his wife lodged with him in the prison backwards and forwards.

This poor man, I believe, has had a great deal of misfortune, and five shillings a week was all they had to live on? - That I cannot say; five shillings was all she had; she was always contented.

What was the state of his health at the time this happened? - He was ill, to be sure; it was the first time of his going out.

How had he been confined, had he any assistance from any body of medical prosession, at the time he came in, in the evening, to your room first; I wish you would describe a little more particularly to my Lord what he said about the hat? - He said he thought it had been a woman.

Did not he say he had caught one at least, or any thing of that? - No.

Had you ever heard him talk in that way before, about catching gipsies, or men in bed? - No, never before.

They supped together very agreeably? - Yes, to all outward appearance.

It was the prisoner that called you up the first time? - Yes.

And the first thing he said to you, was, now, do you believe I have caught a man in bed with her; to which you answered, no, there is nobody in bed with her? - Yes.

Then what reply did he make? - He said there were gipsies under the bed singing.

Was that the time he talked about the trap-door? - I come here as much on one side as the other; I do not come to tell you what other people have said.

What did he say? - Something that it was a bad house.

There was no complaint made by the wife, till he took the knife out of his pocket? - No, nothing at all.

What was the expression? - He will neither sleep himself, nor let me sleep.

Did she say, he cannot sleep, or he will not sleep? - She said, he will not sleep.

You cried-out, murder! how did you perceive him to look? - When I see a man in bed, sitting in that manner, and taking a knife out of his pocket, I had but little thought how the man looked; when he opened it, I cried murder, for God's sake!

After he put the knife towards her side, it was that she asked him quietly whether he was going to murder here? - Yes.

When he went out of the room, did he take a light? - I cannot say.

Do you remember his coming in at five, and saying he would go to the Spread Eagle? - I cannot tell the time.

Did you see him before he went out on that day? - I did not.

This annuity entirely ceased on the death of the wife? - It did.

What was the man's business? - A barber and hair-dresser.

How long before this did you see him? - I saw him in bed the day before.

What time of day was that? - I cannot say.

Morning or afternoon? - After dinner.

Did he keep his bed? - He was in bed, but I never was in his room, except just asking how he did; I had no occasion to speak to him in the course of that week; his wife said he had a cold.

Before that time, he behaved himself decently and soberly? - Soberly I cannot say; but sober or not, he always behaved well.

Was he apt to be in liquor? - Like other people.

Was he given to drink? - As every other man in business.

There are some men that are sober men, there are other men that are often in liquor; which was he? - I must leave it to your Lordship.

How do I know; I never saw the man in my life before, good woman? - I must needs say, I believe he was in liquor a pretty deal, or else he never would have made away with what he has made away with.

Are you able to judge that night, when he came in, and when he mistook the hat for a woman, was he sober or not? - I may safely say then he was sober.

When he was in liquor, how did he behave? - I never saw him any ways outrageous till that night.

Had he, when in liquor, any tendency to be mischievous? - I never observed any thing of that kind.

ROBERT EVANS sworn.

I am husband to the last witness. The prisoner came home on the Thursday night about ten, or rather before; he went up into his own room, and found fault with his wife, because she had not dressed his supper; they had a few words, but what they were I do not know; he came down into my apartment, and I desired him to fit down, and have a drop of beer.

Was he drunk or sober? - Sober; I asked him to sit down, and next to the draft board that I have hanging in the room, there was a hat hung, and he makes to the hat, and said, God bless my soul! I thought it had been a woman, and he drew back again; after that, he sat down, and called for a pot of beer; we drank part of it; in the course of half an hour afterwards, he said, Evans, you may as well go up to supper; says I, Mr. Simpson, I have had my supper before, nevertheless, I will go up with you; he took the pot of beer into his own hand, and we went up stairs together into his own room; he sat down, and there was a bit of loin of pork roasting, and he turned it round, and basted it, and he took it up, and desired his wife to lay a cloth; and she said she had none; my wife fetched a cloth of her own, and laid it for her; they took the meat up, and had their supper; after supper, about half after eleven, we left them in good friendship, and went to our bed; I heard no more till about

one; about one, Mrs. Simpson the deceased, came into our room in her shift; says I, for God's sake what is the matter; she said, for God's sake, I do not know what is the matter with Simpson; he came in directly after her; says I, Simpson, I wish you would go to your own room, and go to bed; accordingly they did.

When he followed her, did he say any thing? - Not to my knowledge; after that, in about a few minutes they called, I awaked my wife, and she went to the room to them; and what they said, I do not know; I went to sleep; but after that, between three and four, the prisoner got out of bed again, and called, watch, watch, watch, several times over; I thought he was going down stairs, in the room of that he went up stairs, in my boy's garret, and what he did there, I do not know; I kept my own apartment; after that he came down, I called to him as he passed my room door, Simpson, why do you not go to bed; and he went into his own room, and in a few minutes after that, they both called.

Did not you ask him what he called watch for? - No, I desired him to go to bed.

Were not you alarmed with his calling the watch? - I was; after that Mr. and Mrs. Simpson both called, my wife got out of bed, and she put on her petticoat, and went into the room; my wife called me in a minute or two after, for God's sake, says she, Evans, come, murder, murder, for God's sake, murder, I got up and went into the room, and there the prisoner stood, with the knife in his hand.

Whereabouts did he stand when you came in? - In the middle of the room partly.

How was he dressed? - In his breeches and stockings.

Any shoes on? - I will not be sure; the deceased sat on the side of the bed, all of a gore of blood; I said to him, Simpson, what have you cut your wifes's throat? and I drew back again; she said, she has got three men in bed with her now; do not you see them there now, these are gipsies, says he, I am sure they are; and they have got a trap door behind the bed, I am sure of it; whereas my Lord, there is no such thing as a trap door; my wife and lodger washed the deceased's face, and washed the blood off, and put a clean shift on, took her into my room and put her to bed to my girl; in a little time he came into the room, and I said to him for God's sake what is the matter with you, go to bed; he said, I will not get in there any more; I said, go then and lay down by your wife, and he did; during this time, the wife said nothing; then he got up and blew out the candle I had in my room; I said then to him, Simpson, if you cannot be quiet, go out of doors; accordingly my wife struck a light, and he went out; he went up stairs into the garret again, there I heard him make a noise, I jumped out of bed, and went up to him, he came down stairs, and went out of doors; my boy let him out; at about eight, he came back again; I was in bed, and he said, that he had been to the Spread-Eagle, in Bishopsgate-street, and had been tried there for killing a man; he had killed a man, he said he knew he had killed a man, and struck him through the ribs; and, says he, running through the street, after I got away, a man went to shoot me with a gun, but says he, I got away from him; then after that, he goes to Mr. Wood's that keeps a publick house in Halfmoon-alley, and carried a pair of breeches, and a shirt there; a little time after Mr. Wood and he came past my window, and Mr. Wood asked me if I would go and have a glass of any thing to drink; and we went to the Horse and Groom, the corner of Moor-fields; we had a glass each of us, and came away at about one, as nigh as I can recollect; he came back again; I was at dinner, I asked him to have a bit, he said no, then says I, have you been to the bankers? no, says I, you shall not go, I will go, or my wife shall; he directly started up in a rage, and said he would go to Johnny Flude 's the pawnbroker's, and get a pair of pistols; he

immediately went out of the house, and I did not see him any more for an hour or two afterwards.

When he was in the kitchen with you, had you any conversation with him, or had your wife? - No; when he came back again, I was resolved to see what he had, whether he had pistols or no; we searched him, me and another man, and I found he had nothing in his pockets at all; with that, says he, shall not I go and see my wife again? says I, go up stairs, and he went up stairs, and came down again, and I heard my wife say, he had used her very rough; and I thought it proper to chargean officer with him; and we took him to Mr. Wilmot's; and he was committed.

Did any thing particular pass at the Justice's? - No; he said he had killed a man.

When was the second examination? - On Saturday morning.

Before, or after the woman was dead? - After, she died about five o'clock; she said that Simpson had done for her; and she hoped God would forgive him.

Mr. Garrow. You had not then any idea that the woman had received the mortal wound? - No.

What did he say before the Justice? - I cannot say; the next day he was examined again, and he said, he had caught a man in bed with his wife, whose name was Williamson; and that he had killed him; that was a second time.

Had he and his wife had any words? - I did not hear that they had, I did not hear what had passed between them.

When they supped they were then sociable and agreeable? - Yes.

How lately before he came home had you seen him, before he made a push at the draft board, and in what state did he appear to be? - Very bad; he said, he had a violent cold about him, and was in a very bad situation.

You awaked by an out-cry before Mrs. Simpson came in? - No, Sir; Mrs. Simpson came in first; that was the first thing that awaked me.

What answer did Simpson give you, when you desired him to go into his own room? - He said to my wife, that the gipsies were singing under the window.

Have you ever said any where, that upon your desiring him to go to bed, that he gave you this for answer; that there were gipsies in the bed, and that they had a trap door behind the bed? - He did the second time.

Whether on the first time of their coming in, he did not give that answer? - Not then he did not; after he got into his own room I heard him say so, before four o'clock; I heard him say so twice, both at the first time, and at four o'clock, I heard the prisoner calling the watch, I observed nothing to call the watch for; I desired him to go to bed.

What sort of a noise did you hear in the garret? - A kind of rumbling of chairs, and things.

At the time he said she has three men in bed with her, do not you see them, you had no idea she had received a mortal wound? - No; only the wound in the nose; at the time he came from the Spread-Eagle, he said he had laid there all night, that he had been tried for killing a man, and had been acquitted; he said he had a bunch of white ribbons, and he would bring them home for my wife to wear.

Had he any? - No; the prisoner and his wife lived together very happy and very agreeable, as a man and woman need to do; this annuity was a principal part of their support; she was a very affectionate good worthy woman, and very tender of him.

Did she ever complain of any ill treatment or brutality? - No, none in the least; only about four in the morning, just as they were going to bed she said, Simpson has done for me, and God forgive him.

ELIZABETH TATE sworn.

I am wife to John Tate ; he is an enameller; I live in the front garret of this house; on the 17th of March, between

three and four in the morning we heard Mr. Simpson making a great noise, and call to Mr. Evans, he came into his own passage and called watch, then he run into the garret, into the apprentice's room, the apprentice asked who was there? that is in the back garret; he said he had been very ill used, he had sent for an officer; the apprentice asked him if he knew where he was, he said, yes, very well, he was at the Spread Eagle; Mrs. Evans called him down, he went down, and in about five minutes after, Mrs. Evans called out murder, murder, for God's sake, Evans get up, he has got a knife; then she called up stairs to my husband and me, my husband went down first, and I followed him; when I came down, the deceased, Mrs. Simpson, was sitting at the side of the bed in her shift, with her hand to her forehead, her face was bloody, and her hand; Mrs. Evans had a bason of water, I took the bason from her, and washed her, and helped Mrs. Evans to shift her, then we helped her into Mrs. Evan's child's bed; the prisoner stood near to the foot of the bed; he looked very wild; after that I went up stairs into my own room, he returned up stairs again, and went into the apprentice's room again, and made a noise, and the apprentice called to my husband, but before he could get to him, Mr. Evans came up and pulled him down; when I came home in the evening, I asked how she did, she said, she was very bad; Mrs. Evans said, they had found out another wound, and she had sent for a surgeon.

Mr. Garrow. Had you seen him in the course of a week? - No.

Have you seen the prisoner and his wife, did they live upon good terms? - I never heard her make any complaints.

JOHN TATE sworn.

I am the husband of the last witness; on the 17th of March last, about three or four in the morning, or before that, I was awaked by the prisoner calling repeatedly to Mrs. Evans; Mrs. Evans got up to know what was the matter; he came out and went down stairs, and called watch, then he went up stairs, and threw down several things; the boy asked him what he wanted, he said he would let him know what he wanted; he asked t he boy where he was, the boy said at Mr. Evans's; he said no, he was at the Spread-Eagle; he went down, and went to his room; in a few minutes Mrs. Evans cried out, murder, murder, murder, Evans; I jumped out of bed immediately and ran down, when I came down, the deceased was sitting on the bed-side, in her shift, with her hand on her forehead, and all bloody; the prisoner was there, with his breeches, and shoes and stockings on, he looked at me in a very wild manner; they were going to wash her, but I returned; soon after that he came out of his room again, and came up a second time, and then Mr. Evans being a good deal exasperated, pulled or pushed him down, for making an uproar in his house; he then returned to his room; soon after he went up again to go to bed; Mrs. Evans hearing that, called her apprentice and I up; I heard him say to the boy, which way are they gone now? but, however, the boy shut the door, and I heard no more of him, I went to work for the day.

Mr. Garrow. You say when you went into the room to him, he was in a very distracted state? - Yes, Sir, I spoke to him, he only stared at me.

- TAYLOR sworn.

I am an apothecary in Bishopsgate-street; I am not a surgeon.

You was was sent to see this poor woman? - Yes; about eight in the evening, it was on Friday; I saw her laying on her right side, I asked her where her pain was, she said it was all over her body; I desired Mrs. Evans to go round, and she complained rather more of her back; and on looking towards the side that was next to me, there I saw the wound which Mrs. Evans had not seen before; the wound was on the left side near the blade bone, as far as I can recollect, it was

pretty far back on the side; but the surgeon will give you a better description; finding it was pretty much inflamed, I ordered the woman to poultice it.

Did you probe it, Sir? - Yes, Sir, and I suppose the probe might pass about an inch and an half, but finding an obstruction I did not pass it any further; I sent her a draught, I never saw her after.

Did you see any thing of the man? - No, I did not.

Mr. Garrow. She did not point out this to you? - No, Sir; that was all she said to me.

WILLIAM SHARP sworn.

I am a surgeon, at No. 39, in Shoreditch; I examined the body at the desire of the parish officers; I discovered a wound on the nose, just at the junction of the bonds that form the nose to the bones of the forehead; the knife had entered just in the suture, where they join; it had penetrated a very little way; she had also a wound on the left side, between the seventh and eight ribs; the appearance of a large extravasation of blood under the skin; the external skin was formed into several blisters, containing a dark red fluid; I then opened the abdomen, or belly; I did not discover any thing particular in an unhealthful state, except a slight inflammation in the small intestines; afterwards we opened the breast or thorax, we discovered the wound between the seventh and eight ribs, about sixteen ounces, or thereabouts, of coagulated blood, in the left cavity of the breast; and also that some sharp instrument had entered the lungs; they shewed me a knife, and it appeared to have been some such kind of instrument; it had entered about a quarter of an inch, or near half an inch into the lungs; from the air escaping from the lungs, it had got underneath the skin, and had swelled the body up to a considerable degree above its natural size.

Did you make any observation on the ribs? - Yes; I also found, that it had divided an intercostal artery running along the inferior edge of the seventh rib.

Was that in the direction of the wound? - Yes; it had passed with violence against the ribs, and there was a small notch made in the ribs.

What do you suppose to be the cause of this poor woman's death? - The wound, and the consequence of that wound was the cause of her death.

Court. Could you form any judgment whether any blood had passed outwardly? - I think there must have been some, but perhaps not much.

Could you form any judgment how long that wound might have been given? - No, my Lord; externally, it appeared to have the appearance of an incipient gangreen or mortification.

Is this intercostal artery that you describe a large vessel, or a small one? - Not a large one; perhaps about the diameter of a crow's quill.

Were the mouths of the vessels choaked by the coagulated blood? - The vessels were quite divided; there was no blood in the vessels at that time; there was a large quantity of blood underneath the skin, so as to spread all down that side, and to the right side, and down part of the thigh, it was black all the way.

Court to Prisoner. You hear the charge and the evidence.

Prisoner. I cannot make any defence for myself; I do not recollect any thing of it, upon any account.

Court. You do not recollect any of the circumstances? - No, I do not recollect supping at home at all.

CHARLES SHARP sworn.

I am a perfumer in Fleet-street; I have known the prisoner fourteen years.

How long is it since you had occasion to travel with him? - I cannot exactly recollect the time; it is either between four or five, or five and six years; we went first to Lynn, and then to Cambridge.

In the course of that journey, did you observe any thing particular in the conduct of the prisoner? - At Yarmouth he was taken ill of a nervous complaint, a trembling

and shaking; I sent for a gentleman, who gave him something; one of the mixtures was Hoxton's Tincture of Bark; when we got to Lynn, we slept in a double-bedded room, at the Duke's Head, in the Market-place; about four in the morning, or at least early in the morning, he waked, and said he had heard groaning and mournings all night, and could not possibly sleep, and wondered how I could sleep; I was astonished; he was out of bed, and walking about the room; I desired to go to sleep again, but he would not let me; he seemed uneasy in his mind from the road to Cambridge; when I had him in the chaise, he used to say, do you not hear the singing; what the devil do they sing for; sure you must hear them singing; do stop the chaise.

Did he tell you what sort of music it was? - Singing; he described one song to be Yankie doodle dandie; he hummed the tune to me.

Did you apply for any other medical assistance, in the course of your journey? - No; in the evening at the Red Lion at Cambridge, I had a friend that supped with me, and as soon as he was gone, the prisoner was sitting in the room, and he started back in the chair, with his eye fixed full on the window, which was shut with outside shutters; says I, what is the matter with you? - says he, do not you see a woman looking at me through the window? I said, I see no such thing indeed; how can you be so ridiculous; I thought him very strange and wild again; some time after, he repeated the same thing, do not you see the woman again; she has now got a pair of spectacles on: I was very glad when I brought him to town.

Did you communicate this to his wife? - I do not recollect, in particular; but I told every body that knew him, that I had any occasion to speak to about it, because it was so extremely strange and ridiculous.

Did he appear to you to be a person disturbed in his senses? - I thought so.

Now, as to his character for humanity, as far as you have had an opportunity of that coming under your observation? - As to humanity, I always believed him to be a very humane man, good natured, rather tender-hearted than otherwise; soft in that respect.

You have had occasions of seeing him and his wife together? - Very frequently.

Do you know upon what terms they lived? - I always understood they lived upon very good terms; I believe they lived upon very good terms.

I believe you made some resolutions about his travelling with you again? - Yes.

Mr. Silvester. Did not you apply to any medical man at Cambridge? - No; I thought I should get him to town next day, and therefore I did not.

JAMES BEALE sworn.

I am apprentice to Mr. Evans; I recollect, the night this accident happened, Mr. Simpson came into the room where I lay; I was between sleeping and waking; I cannot say the time justly; I said who is there? he said, it is me; I said, do you know where you are? he said, he was at the Spread Eagle.

What were his own words? - He said he was at the Spread Eagle, and I said he was; he came a little further, and there was a table fell down, and he said they have put them in my way, that he should not get to me, and he came to the bedside, and laid hold of the bed's foot, and then he went away.

Do you think he knew you, when he talked to you? - I do not know.

Did he talk to you as if he knew you? - Yes; he went down stairs, he came up the second time after the murder was done.

What passed then? - He came into the room; I said, who is there; he said, me; and I called out for a light; then my master came and pushed him down stairs; he said nothing more that second time, that I recollect.

Did you hear him call for the watch? - Yes, when he was coming up the stairs.

Court. Was that the first time, or second time? - The second time.

JOHN CHERRY sworn.

I live in Swithin's-lane; I am a smith; I have been acquainted with him near upon five years; I saw him on Monday, Tuesday, and Wednesday before; he was in bed; I called to see how he did.

In what state did you find him? - Very bad in bed; a violent pain in his bowels; he said he was very droughty, and had cold shivering sits; I saw his wife each time; she was taking care of him; they were upon good terms; I called on the Tuesday evening, about eight; I asked Mrs. Simpson where he was; she was ironing a shirt; she said, poor creature, he is just gone out, but he is very ill; I asked her where he was gone; she said, she believed to Wood's; I went to Wood's, but did not find him; and going home, he came behind me, and tapped me over the shoulder; I asked how he did; he said he was very well; so he asked me to drink, and we went into a house with a long passage; as soon as we got into the tap-room, he turned short round; says he, what did we come here for; he walked on directly towards the door; I followed him; then he came back, and said, we will have a dram at the bar; I told him he had better not drink any liquors, as he had been bad; he said he had had nothing to drink all the day. I called a his house the next day, not knowing any thing of the accident; I went up stairs, as I usually did, to his door, and Evans told me.

Jury. What was his general behaviour before that time? - I never saw any thing amiss of the man in my life.

Did he behave like a man in his senses? - Always; he had been at my house two months together, their circumstances were so narrow; they had nothing to live on; I never knew what the annuity was; I understood it was more than has been mentioned; I fancy it was made less, on account of some money that was owing.

ROBERT GAUL sworn.

I am a debtor in Ludgate prison; I have been three years and nine months there; the prisoner came to me at No. 9, in the prison, and I shaved him, and combed his hair.

Did you observe any thing particular in his conduct? - He says to me, Bobby Gaul, I want to be shaved; says I, Mr. Simpson, I will shave you, and I shaved his face half, and says he, Bobby, there is a gold laced hat there; says I, there is no gold laced hat there; yes, says he, there is; I turned between him and the window, and shaved the other side of his face, and as soon as I had done, he run and clapped his hand upon it; he shook and shivered, and trembled amazingly; and he stared, and took up his hat, and looked at it, and said, whose is this; it was his own hat; a gentleman asked him to drink some beer; he said he had rather not; there was a report in the prison that Simpson had killed a man, that he had found abed with his wife; I did not believe it.

Now, that you are upon your oath, what is his character? - An inoffensive, harmless man; I have frequently seen his wife with him; I never saw any thing but happiness between them; he used to come down to me, and we were very sociable, and when we could afford it, we had a pint of beer.

GEORGE WOOD sworn.

I keep the Half Moon; I saw the prisoner on the Thursday afternoon, as near as I can recollect, it must be about four o'clock, and I rather wondered that I had not seen him during the course of the week, for he generally used to come once or twice a day into my house; he seemed in a violent palpitation, and he said he had been very ill, and had been in his bed; I observed nothing more than a violent agitation and shaking, and he hovered over the fire, and signified that he had been very ill; he observed to me at that time that he should go over and get shaved, and he did come through my house about ten that night. On the Friday morning, just turned of eight, I saw him; I made very particular and strong observations upon him; he came

into my house, and he seemed violently disturbed, and appeared very wild; I asked him what was the matter, and he turned short round to me, and with a very gloomy appearance, he observed that he had committed a deed, which, he said, when he had related it to me, would make every drop of blood in my veins run back; I made use of a vulgar expression, and said, it must be a d - nd strange story, indeed, Simpson, to operate so powerfully upon me; he seemed rather confused, and said it would, and turned to the fire, and said he would tell me; he sat down; he did not tell me immediately; he staid in my house the course of two or three hours; he was out once; I urged him to relate the tale; he said that he had found a man in bed with his wife, and he had stabbed him in the body, and he made no doubt but the stab would do for him; and he clapped his hand upon his wrist, in this manner, and said he had run a knife into his body thus far; I immediately proclaimed him mad; says I, the man is disordered, knowing the disposition of the man, I was sure, in my own opinion, that he could not commit the act; I proceeded to ask him, in consequence, where he had been to commit this fact; he said he had been at the Spread Eagle all the night; that he had laid there; that is, after he had caught this man in bed with his wife, and stabbed him; that he went to the Spread Eagle; that they brought the man there; that he had been tried at the Spread Eagle, and acquitted; that they had made him a present of some white things, to wear as a proof of his innocence; this confirmed me in my idea that the man was out of his mind; I told him, was I in possession of a strait waistcoat, I should certainly put it on; and in the next place, I said, you will be either in bedlam or in a mad-house; then, said he, you do not believe the tale I tell; I said, no; then, said he, I will go and fetch Mr. Evans, and he will prove it, for he knows it to be a fact; he went away, and came back again in about ten minutes with a pair of buckskin breeches and a clean shirt in his hand; they were wrapped up together; and he asked me leave to go into the parlour and shift himself, which he did, and he brought me his dirty shirt and his buckskin breeches to take care of for him; he said Evans was coming; he said he could not think, for his wife was some years older than him, what could possess the old fool to take a young fellow to bed with her; what, says I, is he a young fellow? yes, he is a young fellow; he said he would take me to see him, if I chose to go; I rather detained him; I told him I was going out, I asked him to take a walk with me, which he agreed to. Prior to that, he fancied he saw chimney-sweepers dancing in the street; he said to my waiter, in my hearing, he tapped him on the shoulder, see there, John, says he, see the chimney-sweepers dancing in the street; at last we went out together, and it was my intention to call on Evans; we went there; he was sitting at the work-board; I asked how he did: Simpson and I went in, and we all three went together to the Horse and Groom in Dagger's-court; we were there about six or seven minutes; nothing particular passed; I was not informed by Evans of any thing about it; I asked him to go with me, but in Moorfields he altered his mind, and said he would go to the Change; I saw him about three in the afternoon; he came with a stranger, a hair-dresser; he asked him to drink, and they had a glass together; he invited this man to call at my house, to spend an evening with him; he had a pen sticking across his mouth, as if he was writing; his eyes were open, his hat cocked up, and not in the usual way, but wild and extraordinary; he continued with me ten minutes, I saw no more of him till after he was taken up; she always spoke of him, and he of her, on good terms, and happily.

Mr. Silvester. Having known this man twelve months, did you ever observe any thing particular in his behaviour before this day, that this unfortunate behaviour

happened? - The most that ever I observed in his behaviour, was a kind of stupidity about him.

Court. I rather suspect that he was apt to be prevailed on to drink a little? - He was a man that was free, when he was in liquor; there was a kind of stupidity, a kind of inactivity, but not disposed to be quarrelsome or mischievous; on the Sunday afternoon, when I went to New Prison, the man was frantic in my opinion, and Mr. Yardley observed to me, that he thought it feigned; I said, I did not think it was; I was not afraid to go to him alone, for I was very sure that the man was so harmless, that he would not hurt man, woman, or child if he knew it; now this I only give you as a proof of the opinion I had of the man.

WILLIAM BROWN sworn.

I am a perfumer and hair-dresser, in Swithins-lane; I have known him ever since the year 1770; he worked for me in 1770, and 1772, and 1773, till he got married.

What has been his general character? - I never saw any thing in his private character, but a humane man; I gave them a breakfast when they were married; they always lived very agreeable, she gave him the best of characters; we all knew that things run very near, but she was always satisfied; I am sure they lived affectionately together.

Was his general character that of a good-natured man? - Yes; the annuity she had, was given her on the day of her marriage.

MATHEW JUTT sworn.

I live in Leadenhall-market; I have known him twelve years; I knew his wife very well; I lodged in his house for above a year and a half; I had frequent opportunities of seeing them together, they behaved affectionately to each other; he is a good natured man, I never heard any other of him.

SAMUEL YARDLEY sworn.

I am deputy keeper of New Prison, Clerkenwell, the prisoner was committed to my custody the 18th of March; I did not see him till the Sunday morning, I thought he was insane, according to all appearance in his behaviour, I asked him to go to chapel; I always make it a point every sabbath day in the morning, to take the prisoners to chapel, and he said no, he should not go, I asked him how he got that black, he told me that a man in the ward where he lay had struck him with a welt, he said they wanted to tie him down for the purpose of improper practices; I enquired about that, and it turned out that the y wanted to tie him down; I would not let him have any drink, and then he became better, and I found him a sensible man, I desired our servants at home not to let him have any thing but tea; I thought he might have been drinking, which was the cause of this action.

ROBERT STORKS sworn.

I am a merchant in Ironmongers-lane; I have known him above thirteen years; I knew his wife very well, he used to dress me, he bought the lease of my house, which was too small for me, they appeared to me to live upon good terms, I always took him to be a very good natured, kind, benevolent man, and a good neighbour, that was his general character.

WILLIAM KINDER sworn.

I am a shoemaker; I have known him sixteen or seventeen years, a very good man, what I always thought, I knew his wife perfectly well, I have seen them frequently together, in the manner which they lived, they appeared to me to live on friendly and good terms as far as ever I saw.

EDWARD CHIPPER sworn.

I live in Leadenhall-market; I have known him five years, I never knew any thing amiss of him, a good-natured inoffensive man.

GEORGE PACKWOOD sworn.

I live in Gracechurch-street; I am a hair-dresser, and perfumer; I knew him ten or eleven years; I knew his wife well, I look upon it in my opinion, he was a

man of tender feelings, and a good natured man.

WILLIAM BARNARD sworn.

I served my apprenticeship with this prisoner four years after he was married; I lived in the house, they always seemed to be very agreeable together, lived happy and well, he was a good natured man.

MICHAEL CLINT sworn.

I am a hair-dresser in Lombard-street; I have known him twenty-six years.

Were you apprentices together? - Not in one house, but at the same time, his general character was extremely good, he and his wife were at my house four months, I took them in, they were distressed, they lived exceedingly well, very friendly and happy always; he was a very humane man, and a very charitable man.

JOSEPH SAUNDERS sworn.

I am a fishmonger in Leadenhall-market; I have been acquainted with him a good many years, I have several times observed something remarkable in his conduct; I believe about five, or between five and six years ago, he had been into the country along with one Mr. Sharp, and some time after he was returned, I was in his company at the Spread-Eagle in Gracechurch-street, spending the evening with a few friends, and the prisoner came in.

Court. How soon after his return? - I fancy it may be about a week after, or not quite so long; he came in and he sat himself down close to me, there were several people there, I cannot tell who they were; he took notice to me, that as he was coming along through the gateway of the Inn, he had met a large black hog, and it would not let him pass, and fought him, and he at last persevered, and it bit him by the legs, he then sat down a little, and was much discomposed, he then imagined that there were three people behind the curtains, and he desired us to look at them, and that they made faces at him.

Was that a mere imagination of his own? - Yes, there was no such thing, and that about the hog, I took it at the time to be his illness, a kind of light headedness, or insanity; I was frightened at the time, he was that evening just got up, and come from home, he had been in bed for a day or two; I have observed at different times in his company a rambling, and a kind of light headedness.

Had you an opportunity of seeing, whether that was increased at all by drinking? - It generally was when he complained he was ill, or that he laid by from his work for three or four days, or a week.

What did you take his character to be as to good nature and humanity? - I never saw any thing hurtful, or of bad disposition in him, and I have been a great deal in his company.

Was you acquainted with his wife? - Yes.

On what terms did they seem to live? - Very agreeably.

Mr. Silvester. You have not been in his company since he failed, as when he was in his prosperity? - I have not been in his company much these two years, only a little while before this happened.

Did you observe any thing in his behaviour then? - No.

Court to Jury. Gentlemen of the Jury, the prisoner at the bar stands indicted for a crime of a most enormous nature, that of the murder of his own wife, by stabbing her with a pen-knife: the enquiry has necessarily gone into a very considerable length, not only on account of the discussion that was necessary to establish a fact against the prisoner, but also on account of the particular nature of his defence.

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

Reference Number: t17860426-42

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 26th of APRIL, 1786, and the following Days;

Being the FOURTH 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 IV. 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 John Simpson .

Upon the result of the whole evidence, it seems to be a fact of which there can be no reasonable doubt that this poor woman received her death by the hands of the prisoner at the bar, and that it was done under no circumstances which could in any degree, in point of law, operate either to justify or mitigate the fact; so that if any crime can be imputed to the prisoner, in respect to that fact, it must necessarily be the crime of wilful murder; because there is nothing in the case which could in any degree provoke, or justify a man being provoked, to commit such an outrage as this was, in the deliberate manner in which it appears to be committed; and therefore it was truly stated to you by the Counsel that opened the prosecution, that it would ultimately come to the question, whether the prisoner was guilty of murder, or of no crime at all; and in order to lay a foundation for you to believe that he was guilty of no crime at all, you must be satisfied, at the time this fact was committed, his mind was in such a state of distraction, that he could no longer be sensible of the internal distinction between right and wrong, and more especially the distinction between the affection that was due to an affectionate wife, and this savage outrage he committed upon her; and that though his hand was guilty, his heart was free from that act which the guilt of his hand would otherwise impute to him. Upon the whole result of the evidence, in which there is no contradiction, it seems to be most clearly ascertained, that this man is in no confirmed habit or state of lunacy; that he is by no means like an idiot, but has sufficient sense to govern himself, and to be answerable for his conduct; that generally speaking, he has been in possession of his right mind, and that if there be any foundation to excuse him from the guilt of this homicide, in consequence of his being insane at the time, it is the ground of an insanity, temporary in its nature, which arose in consequence of a particular circumstance taking effect only during a particular period, and that at this moment, for any thing you learn to the contrary, and at a very short time before the fact was committed, this man was perfectly in the possession of his senses; and this thing is that which makes this enquiry so extremely

serious, because it would be a dreadful circumstance, if the bare enormity of the offence was to be suggested as a foundation to excuse the man who could be wicked enough to commit it; and the possibility of the man who meditated a crime of this kind, forming a plan which might lay a ground of excuse, makes this sort of enquiry, in which you can have very little assistance from any thing that was done at any series of time previous to the fact, and still less satisfaction with respect to the conduct of the prisoner since the fact; it is on this account an enquiry, far more serious than those enquiries are which end in insanity; for in those cases it has generally come out, that the party is in a state of habitual insanity which would justify his being delivered into an actual state of confinement; now, from the present case, I see nothing that we can draw any conclusion of that nature from. This is a man who has seen better days; married a woman, who was something older than himself, with some final provision made for her, and they had lived no ne degree of respect for some time, having apprentices and servants; but by degrees, probably, I should think from the general scope of the evidence in consequences of intemperance, having neglected his business, and ruined his health, he comes from the prison of Ludgate to these lodgings, living with his wife in a considerable degree of distress and poverty, but at the same time with a reasonable proportion of affection and regard; the circumstances of the fact which appears to have been committed, are certainly such circumstances as cannot easily be accounted for on any other grounds, than grounds of insanity. It is not true, that the Jury ought to find the insanity of such a person sufficiently established; it ought to awaken the attention of every body to look out for such a case, and to expect to see it proved, and to view carefully, and with great caution, all these circumstances attending the state of the fact; not withstanding there wants in the evidence any thing that looks like a probable foundation that looks like ill will; for there is not a centilla of evidence, except the man's going up stairs, and expressing some displeasure at his supper not being ready, in which they cannot, on being cross examined, express the words of the displeasure, or whether he was out of humour or no; and beyond that, the fact itself is committed in a manner that was immediately open to observation and detection; the man seemed industriously to call in witnesses to see the fact committed; having in that extraordinary manner committed the fact, with frequent opportunities, (for they did not know the extent of the mischief) with frequent opportunities to get off; he makes use of none of them, but goes about in that state in which he is described, running backwards and forwards where the fact was committed, and where the woman lay languishing, and to the last moment he seems to have no thought or idea of getting away, or escaping the hands of justice. These are circumstances that belong to the fact, in their own nature so extraordinary, as to lay every considerable ground of probability that that would turn out to be a case of lunacy; and when you come to examine the rest of the circumstances, it appears that there is the strongest ground to believe that is the case. This man appears to have been five or six years ago on a journey to Lynn and Cambridge, with Mr. Sharp; to have first, as I can collect, betrayed some degree of a mind disturbed in consequence of a nervous complaint that was then upon him; Mr. Sharp has satisfactorily proved that, and the proof of it is confirmed by the last witness Mr. Sanders, who tells you, that the prisoner came to a public house which he described, and there discovered marks of what the witness calls light headiness, talking wildly of a black hog, and of seeing three people that were moving the window curtain, and were making mouths at him, and insulting him, when in truth no such thing passed; these were certain marks of a mind agitated by a certain degree of lunacy; and you find, that the week before this accident happened this man was again ill of a nervous aguish complaint; he had been confined to his bed several days, and it was not till Thursday night, having been in bed three whole days, and part of a fourth, that he broke out into the unhappy outrage that produced this enquiry. You find he had pork for supper too; and though in the houses of persons that are better judges of what is to be done with sick people, one should hardly expect to find a supper of roast pork for such a man, yet these lower people think that eating and drinking is the only thing for a fever, and the moment they can be prevailed upon to eat, they are well; and therefore I do not at all wonder that the first idea was a hot supper; this supper was had, except a single circumstance mentioned by one of the witnesses of his expressing some dissatisfaction that it was not done to his time; this supper was had in great good humour, he inviting two of his neighbours to sup with him; he had drank one glass of gin, or anniseed, before; he drank some beer at his supper; he eat a meat supper; he had been ill of a nervous complaint for some days, and it is not at all improbable that this had slown to his brain, and had produced a considerable degree of delirium; for in a short time after they had been in bed, he first of all calls out, makes a noise and alarm, expresses a great uneasiness, thinks there are gipsies in the bed, and people in his room; that there are men in his bed, and then proceeds to the idea of some man being in bed with his wife; the people he calls in find there is no man there, no ground at all for this alarm of his; they compose him, they succeed; he returns to his bed again; the alarm is soon raised again, and the wife is alarmed by the state of her husband; they both call out to the family to come in; they come in, they find this man sitting in his breeches and stockings, and probably shoes, and in his shirt by his bed-side; Mrs. Evans enquires what's the matter; he talks of there being gipsies in the room; and then draws his knife, unclasps it without any circumstance of secresy, and with great deliberation thrusts the mortal wound, and with an evident design, I think, to stab some person who appeared to him at that time to be the proper object of his resentment, after he had done this, and made another stroke at this poor woman, which made the blood flow, and Mrs. Evans desiring to have the knife, he gave her the knife, made no attempt to rush out, but stood there with a stupid kind of look, probably full of the idea that seemed to have impressed his mind, that it was somebody else he attacked; you find, after this he is still uneasy, discontented, lays down in another bed with his wife for a moment; then he goes up stairs, talks to the apprentice about his being at the Spread Eagle; an idea which you see afterwards is drawn out into some form in his mind; for afterwards he says he has been at the Spread Eagle, and there he was tried for the death of a man he had killed, and was to have ribbons on his acquittal. Now, unless you can see reason on this evidence to collect that all this was fraud, and all made up for the purpose of having an opportunity, in a way that would not expose him to personal risk, to destroy his wife, this is plain and evident insanity. I have looked to see if there was any thing in the evidence, from whence so deep and so abominable a practice could be suspected of him; and here the general course of life you have heard of the man, of his inoffensive manners, and of his gentle conduct towards his wife, come to be material; for it is almost impossible that a man would deliberately form a scheme of destroying his wife, and conduct it both before, at, and after the act, with that astonishing regularity with which this madness of his seems to be managed. Therefore, if you should not see reason on this representation, to entertain any considerable degree of doubt of the state in which this man was, I think I need not go further and state the whole evidence; I confess, my own mind is satisfied with respect to it; therefore, if you should be of the same opinion, I think that public justice will be satisfied, if after this long enquiry, on the ground of a temporary insanity, which this man had laboured under for four or five days before this fact, you think that this man is not guilty of the crime imputed to him in this indictment.

Jury. My Lord, we wish to go out.

Court. Oh, if you wish to go out, I must state the evidence to you; because if you do not feel it at once in the way in which I have stated it, it is fit I should state the whole evidence to you.

The Jury conferred a short time, and gave a verdict

NOT GUILTY .

NOT GUILTY on the Coroner's Inquisition.

Jury. I think this man should be taken care of.

Court. I will order he shall not be discharged at present, but that he shall be examined before the Lord Mayor; and his friends will, I hope, appear, and settle some method to take care of him.

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

Reference Number: t17860426-43

361. THOMAS TROUT was indicted for feloniously stealing, on the 18th of March last, three fore coach wheels, value 10 s. two fore chaise wheels, value 8 s. two hind chaise wheels, value 8 s. two hind phaeton wheels, value 14 s. the property of William Wright , Lionel Lukin , and John Allen .

And DAVID DAVY was indicted for feloniously receiving the same, knowing them to be stolen .

(The indictment opened by Mr. Garrow, and the case by Mr. Silvester.)

(The witnesses examined separate.)

DANIEL CHANTRY sworn.

I am a wheeler of Mr. Wright's, Lukin, and Allen. On the 18th of March, I had been to Mr. Wright's shop; it was past seven in the evening; coming out to go home, I met one James Holloway coming out with a fore wheel of a chariot; he said he was running it for pleasure; I said it was an odd night; it was a wet night, it was seven o'clock; I returned, and saw him come back without it; I waited, he never came out again; the gate was open three quarters of an hour; I shut the gate, and in consequence of some conversation I had with Holloway, I communicated the story to one of the partners, Mr. Wright.

Was you present when Trout was called? - Yes, on the Sunday morning.

Was Holloway there at the same time that Trout was there? - Yes.

Tell us any thing Holloway said in the presence of Trout, but not when Trout was absent? - He said, before Trout, that he had run that wheel to Mr. Davy's by Trout's order, and was to have a glass of gin for his trouble.

What did Trout say to that? - He said he had lent Mr. Davy a wheel.

Did he directly acknowledge that he had employed Holloway to run it, or only not deny it? - He acknowledged that he had run the wheel; he said he was going that way home, and Trout said to Holloway, as you are going home, leave this wheel at Mr. Davy's; Mr. Davy was sent for; when Trout and Davy came together, Davy said he did not know any thing of borrowing a wheel of them, but if any of his people had, he did not know any thing about it.

What did Trout say to that? - Trout said he believed it was some of Mr. Davy's people; Trout was then asked if he should know the man that borrowed the wheel; Trout said he believed he should, he was a tall man.

Was any question asked of Davy before either of the partners, as to his having purchased any wheels? - Yes; Davy said to one of the partners that he had purchased several wheels, and had been in the yard to look them out; and he said that Mr. Allen, one of the partners, had seen him in the yard; Mr. Allen said he did not remember seeing him in the yard for some time; Davy said he had been there some time ago, and had bought wheels there; he was asked how long ago; he said it might be a twelvemonth ago; he did not believe he had bought any within a twelvemonth,

it might be that ago; all the conversation was confined to one wheel.

There had been conversation about a pair of wheels? - Yes, there was conversation about new wheels, and things that did not concern my business.

Did Mr. Allen or Mr. Wright ask Davy any questions about the other wheels? - Not at that time, till he came back from the yard; Mr. Davy and we went to Mr. Davy's yard, when we came there we found one wheel, which was either the wheel the boy had run, or the fellow to it; he said, he did not know how it came there, he supposed his people had borrowed it; then we came back again; he said, he did not know that he had any more, nor he did not know that he had that till he saw it; in about two hours after, Mr. Wright took me with him to Davy's, I went with him to Davy's shop, and we found the fellow wheel to this, and two others, the two others were a pair of fore wheels, we found them in Davy's shop; he and his son were both present; Davy said he did not know how they came there.

Did you find any thing more? - Not at that time; there was no more conversation then; on the Monday following, I went with Mr. Wright and the constable, having a search warrant; in a large cellar under ground, we found five wheels, one pair of phaeton hind wheels, one pair of chariot wheels, and one fore wheel belonging to a coach.

Was Davy at home at that time? - Yes.

What account did he give of those wheels? - He said he had none, he was very agreeable to go down and shew, he did not know he had any, he helped them out of the cellar; I am a wheeler to those gentlemen; I know these wheels, they were made by me or my man.

Tell us when those wheels were taken off? - The Bishop of Exeter had new wheels put on the 8th of March, (looks in a book.) This is a memorandum book of my own making, in my hand writing.

Did you find any of the Bishop of Exeter's wheels at Davy's? - Two hind wheels of the chariot, and Mr. Woodley's pair of fore wheels which we found at Davy's were taken off the carriage the 6th of March; there was a pair of Mr. Stanley's chariot hind wheels, we found them also, they were taken off the 16th of January, and the 22d of January Lady Onslow's pair were taken off; Mr. Newcombe's wheels I did not take off, we found these there, a pair of Mr. Newcombe's hind wheels of his phaeton.

The wheels are broken up in general when they are taken off? - But that depends upon the state of them.

Have you any doubt at all of these wheels being the property of those gentlemen? - No, I am sure of the wheels, I can prove it by every matter that can be.

Mr. Fielding. Is it always the case when wheels are taken off that they are broken up? - If they are good for nothing else.

Mr. Garrow. What does the coach-maker allow the coachman for these old wheels? - I think it is one guinea for the set; but that is not my business.

Do you remember hearing any thing from either of the prisoners as to the price that was to be paid, by one to the other, when they were examined? - At Bow-street Davy said before the magistrates, that he gave six, seven, or eight shillings a pair for them.

Did he say what he had given for these wheels? - No; he said nothing about them.

Mr. Fielding. Do you know that the allowance given to the coachman for the wheels, is a particular compliment made to the coachmen, and that more is given than would be given for the wheels themselves? - It depends upon the condition of the wheels.

Is not it a common thing to give the coachman a guinea? - If the wheels are not worth five shillings, the coachman expects a guinea, if they are worth a guinea, he receives no more than a guinea.

How far do you live from Mr. Wright's? - About two hundred yards.

Davy is a considerable wheeler? - Yes.

Is not the custom of the trade to buy wheels and fit them up, and sell them again to the hackney men, or any person that wants them? - I do not know.

Do you not do it yourself? - I am not in business for myself.

You do not know the conduct of the yard? - No.

What the particular department of Trout is, you do not know? - No.

When this conversation had taken place at Mr. Wright's, you went with Davy to his house? - Yes; he shewed me that wheel in his passage.

Trout said he believed it was one of the men? - Yes, and he said he believed he should know him if he saw him.

The first time you went to Davy's house was the Sunday morning? - Yes.

Then you made a discovery of this single wheel of the Bishop of Exeter's? - Yes.

Davy was with you, and he said here are all the wheels I have? - Yes.

You went again with a search warrant on Monday? - Yes.

Then there was all that interval? - Yes.

Davy had opportunity of removing these wheels from the premises? - At a certainty he had.

Is not a cellar a common place to put wheels in? - I do not like to have them in a cellar, they do no good under ground.

A pair of fore wheels is are not so much worth, as a pair of hind wheels? - That depends on the state of them, but it they are in the same state, the hind wheels is of most value.

Do you know a man of the name of Rag? - Yes, a publican.

You have not lived on any good terms with Davy? - I never had any words with him; I know nothing of him, only how do you do, and good night to you.

Have you to Mrs. Rag, or any body else said these words, or to this effect, d - n him, I have found some wheels in the shop, I have him now, and d - n my eyes if I do not do him? - I never mentioned any such thing to my knowledge.

Have you or have you not? - At a certainty I should never say so; why should I do him, I do not know that I ever said such a word.

Does your memory serve you to say so? - I do not remember any such a word.

Mr. Garrow. What was the Bishop of Exeter's wheels worth that you found at Davy's? - They were worth eight shillings.

Now Mr. Woodley's? - About eight more.

Mr. Newcombe's? - The phaeton wheels are worth fourteen shillings.

Did he at the first time shew you the cellar? - No, only the gateway; he said, these are all the old wheels I have.

Court. When Davy was sent for, and questioned upon them, he acknowledged he had frequently bought wheels, and said he had often been in the yard to look them out, and that Allen had seen him there; Allen said he had not seen him there for some time; Mr. Davy acknowledged that.

Did Mr. Allen deny having ever seen him there for the purpose of looking out wheels? - I do not remember that Allen said he ever saw him look out wheels.

Did Mr. Allen deny that he had ever been there looking out wheels? - He said if it had been, it was a long time ago.

Did Mr. Allen deny his ever having any knowledge of the purpose of his being there? - Mr. Allen said he did not know that he came to look out any wheels.

Upon your oath? - I did not attend, I did not take any notice, I cannot positively pretend to say.

If you cannot say positively, why do you say at all in answer to my question? - Mr. Allen told him he did not know that he had been there to look out wheels.

Can you swear that positively? - Mr. Allen said, he did not know he had any right to look out wheels, and did not know that he bought any wheels there.

Who was present then? - All three partners;

I remember Mr. Allen said to him, he did not know that he came there upon any such business.

Will you swear that Mr. Allen said, in answer to Davy, that he did not know he had ever come there on that business? - Yes, Mr. Allen said, that he did not know that he came there upon that business.

WILLIAM WRIGHT sworn.

I am in partnership with Messrs. Lukin and Allen, coachmakers in Long-acre.

What situation was the prisoner Trout in, at your house? - He was foreman to the labourers.

Have you lost any wheels? - Yes.

Had he any authority to send any wheels from your shop? - Never.

Do you sell any wheels to any body second hand? - We have sold wheels but very seldom, the reason is, those that are good I keep to put on other carriages; and those that are good for nothing, he had the breaking up of, and I used to give him sixpence a set for breaking them to pieces.

You worked up the old iron? - Yes, and the wood work we burn.

Had he any authority from you, or your partners, to dispose of any wheels to any body? - He never had; he had like to have lost his place some time ago about selling a pair of wheels.

How long ago was that? - The 19th of November, 1784, he sold a pair of hind wheels that came out of a gentleman's phaeton, that were very good ones; he sold them for fourteen shillings, they were worth two guineas, he had no authority for that; Mr. Lukin then sent for him and told him, if ever he sold any more without authority, he should have no more business; people have come into the shop and asked if we had wheels to sell, and I have sent them to Trout, but he was to shew them to me, that I might fix the price, and he was not to sell them himself; he sold one pair, and gave the money to the clerk.

In March 1786, were any wheels sold? - I do not know of any; we fixed the price on that pair which he sold; he asked me; I took twenty-eight shillings for them, that is brought to account in this book; Trout was brought before me and my partners, and Holloway said when Trout was present, that he told him to take that wheel to Davy's, and he would give him a glass of gin for it; I then asked Trout if he did, he hesitated a little, and said, he did; that he met Mr. Davy the day before, and he desired him to give his compliments to me and desired I would lend him a pair of wheels.

When Davy was brought, what was said then? - I asked Davy if he had borrowed any wheels of Trout, he said, he had not seen Trout for some time, I believe it was a fortnight; then Trout said it was not Davy, it was Davy's man, that he asked to lend him a pair of wheels; Davy said he had bought wheels in the yard; I have seen him I believe to the best of my recollection; I said, I have not seen you in the yard these two years; he said Mr. Allen and I was by; Mr. Allen said, he had not seen him for a great while, for a twelvemonth; Mr. Davy said, it was a long time, he could not say, it might be a twelvemonth; Chantry went to Davy's, and after he had been there, Davy came back himself, and told us that Chantry had been there, and found another pair of fore wheels in the shop, but he did not know how they came there; I went and saw the wheels, and then he said they were our wheels and he had them of Trout.

Did he describe how he had them of Trout? - No, I did not ask him.

He did not say when or how? - No; I then said, Mr. Davy, if Trout comes for these wheels, do not you let them have them away, nor do not you let any body have them, till I come for them myself; I asked him if he had any more wheels of ours on his premises; he said, no, he had not; about six I went to the fore gate and there was Trout, with a pair of fore wheels, says I, you scoundrel how dare you bring these wheels here, and I made him take them back; about two hours after, the

same wheels were put into our yard again, how they came there I do not know; on the Monday morning we went and found five more wheels there, which he acknowledged he had of Trout; Davy was present at Bow-street, and Trout said he had six shillings a pair for them, and Davy said, that was eight shillings for the hind ones; I asked him when he paid Trout; he said, he could not say when it was, he sometimes paid him four or five guineas at a time.

How much was the hind wheels worth? - Sixteen shillings.

Mr. Shepherd. This house belongs to you, and Mr. Wright, and Mr. Allen? - Yes.

Has your uncle no interest in it? - No.

Nor any dormant interest in it? - No.

When was the present firm established? - At Michaelmas.

And the prisoner Trout is foreman under the labourers? - Yes.

And you say, he is the man to whom you referred the enquirers for wheels? - Yes.

Did not you generally refer the people to Trout? - To look them out, but not to sell them.

You just now told us that you referred them to him, and he was to come out and let you know the offers; now is not it the general custom of the trade to sell the old wheels? - I do not know what other people do, I do not sell old wheels; in 1784, Trout sold some wheels.

And had not he before that time sold wheels for you? - In that way, no other way.

Court. Is it possible for you to know with certainty off what particular carriage wheels come? - No; there was one particular circumstance in a pair of these wheels, there were boxes in them.

Court to Chantry. How do you know these wheels? - The hind wheels were there and the fore wheels were gone; I found the fore wheels at Mr. Davy's.

How long had that man worked with you? - About seven years.

All that you can tell was, that they were his make? - Yes, and my turning; I can tell when they were made, I always book them.

When the old wheels are taken off and mixed with other wheels, how could you distinguish them from other wheels made by the same man under your direction? - By the colour, and by the paint, they were painted yellow, and the hoops black, we had no other painted that colour.

Mr. Garrow. You took them off the 8th of March? - Yes; off the Bishop of Exeter's.

How do you know Mr. Woodley's? - It is a very heavy coach, it runs very hard, they were stronger, I know the wheels, I observed them when they came off Mr. Woodley's carriage.

New as to Mr. Stanley's chariot wheels? - I know them perfectly well.

As to Mr. Newcombe's phaeton wheels?

I know them to be the wheels, but I do not know when they were taken off, because there were a set of patent wheels put upon them.

Mr. Fielding. I suppose the new wheels of this heavy carriage are of the same sort as the former were? - Yes, they had not been on one year; I saw these wheels of Mr. Woodley's on the Friday before, the man owned to running them away on the Saturday evening.

JAMES HOLLOWAY sworn.

I am a painter; apprentice to Messrs. Wright and Lukin.

Do you remember seeing Chantry on Saturday night, the 18th of March? - Yes, I was taking a fore wheel and running up Hanover-street out of Mr. Wright's yard to Mr. Davy's, by Trout's order.

What did Trout say to you? - He told me his master had sold the wheels to Mr. Davy, and that he was allowed one shilling to carry them, and if I would carry them, he would allow me half, three-pence for two, and four six-pence.

Do you remember Chantry speaking to you about it? - Yes.

Did you carry that wheel? - Yes.

Where did you deliver it? - I left it at the door, I took two more the same-day, and I left them in the same manner, by the order of Trout.

What wheels were these? - Three fore wheels, I do not know to what carriage they belonged; they were yellow wheels.

Have you, at any other time, taken any other wheels from Mr. Wright's? - Yes, for this five years past at different times.

Was it known to Mr. Wright? - Trout told me they were sold to Mr. Davy, by the order of Mr. Wright; I took there by the order of Trout.

At what time of the day? - Some. time one, and sometimes five; these are the hours we have to ourselves.

Had you any particular instructions from Trout as to the manner? - He bade me not say where I was going with them if I met any body; I have seen Davy himself when I have delivered them, sometimes his son, sometimes his man.

Who paid you? - Trout.

How many have you carried in the last six month? - I cannot pretend to say.

How many do you think? - About twenty sets.

How far is Davy's house from the prosecutor's back gate? - About a minutes walk.

Have you at any time received any money from any body but Trout? - Yes, lately before Christmas, I received sixpence from Davy, once or twice, I cannot say when.

Have you seen the wheels that were found at Mr. Davy's house? - Yes.

Are any of these those that you carried to Mr. Wright's? - Yes, I carried them all; there are nine, some fore wheels, and some hind wheels; I used to carry more fore wheels than hind wheels.

Court. How long before this was it that you had seen Davy, when you carried any wheels? - I saw him the day before I took them; I saw him the Tuesday before, he was standing at the shop; I took some home that day, and delivered them in his presence.

How many did you take then? - A pair of fore wheels.

Do you know of Davy's disposing of any wheels? - I saw a cart load of wheels as I came by one day.

Do you know whose property those had been? - No.

Court. Then in the course of the five years you have by your account carried a very large number to Davy's by Trout's direction, and as much as twenty sets, within the last six months? - Yes.

JAMES BLACKBURN sworn.

I was servant with Mr. Davy.

Do you know of any dealings between him and Trout? - No; only that I was to fetch some wheels away from Mr. Wright's.

By whose orders? - My master's, which was Mr. Davy.

What were the orders your master gave you? - He used to tell me to go and fetch such wheels from Mr. Wright's, between nine and ten, one and two, or five and six.

Why was you to go within those hours? - I really cannot tell.

Were these the working hours of the business? - No, they were meal times.

How often did you go? - A good many times.

Mr. Fielding. Trout was on the premises when you went? - Yes.

Have you never carried any wheels back? - No.

Where did you put the wheels when you brought them to your master's house? -

Sometimes in the shop, sometimes out of doors.

JOSEPH BARRETT sworn.

I keep the White-Bear publick house, about forty yards from Mr. Wright's back gates; I know the two prisoners; I have frequently seen them together.

Have you ever gone to Mr. Wright's for Trout? - Yes, by the order of Mr. Davy.

Had you any particular directions from

him about that? - Yes; he told me to go for Mr. Trout to Mr. Wright's yard, and he told me once, if I saw Mr. Wright not to mention that Davy was at my house.

Did Trout use to come in consequence of these messages? - Yes, when he had an opportunity, when Mr. Wright was not in the was; these messages were not at any particular times, they were in the working hours.

In case Mr. Wright was there, what was you to say to Trout? - I was to give him a backon.

Mr. Fielding. How came you here to day? - I was subpoened.

Who brought you the subpoena? - I do not know the gentleman; Mr. Wright came to me.

Did not you know very well that Mr. Wright and Mr. Davy were not upon good terms, and that Mr. Wright would be angry if his foreman was sent out of the house? - I have not kept the house above a year and a half; I did not know that Wright and Davy were not upon good terms.

Has that intercourse between Davy and Trout subsisted any time? - It has continued down to the present time.

Mr. Fielding. I am now to submit to your Lordship, that there is no evidence to affect Trout; that there is no evidence to affect him as accessary; I am ready to admit, the boy expressly proves that degree of criminality upon him, and no other, that he took these by his order, which is one of the ingredients, constituting the criminality of an accessary expressly.

Court. Ask the question first.

To Holloway. When you took the wheels from Mr. Wright's to Mr. Davy's, where did you take them from? - From the place where they stood, against the wall.

Was Trout present when you took them? - He generally was.

Prisoner Trout. My Lord, I cannot make a speech; I make hold to hand up this paper. (Read.) May it please your Lordship, and you the gentlemen of the Jury; having an impediment in my speech, I beg the indulgence to observe, that I am totally innocent of the charge, for which I have the misfortune to stand here arrainged; I have been twenty one years in the service of my prosecutors; I appeal to them what has been the general tenor of my conduct during that time; I have been for years past, authorised by them, to dispose of all the old wheels; the wheels in question I did sell, in consequence of that authority; I paid them the money I received; therefore I beg leave to add, that I am a poor man, that my afflictions are much exaggerated, by having a numerous insant offspring, without a mother, and they must be without a friend should conviction follow; I therefore humbly hope, that this court will temper justice with mercy, by passing upon me as lenient a sentence as justice will admit in my distressed situation.

Court to Prisoner Trout. You see one of the gentlemen has denied your having any authority to sell? - Here is a gentleman in the court that has been in the counting house, and enquired whether there were any old wheels to sell, and Mr. Fletcher, and Lukin, and Allen have said go down to Trout; my master has been angry during the time of business; he has made use of some bad words; the next day they have come, and I have agreed for them; I have seen one of my other masters, and told him, says I, the man has offered a guinea, says he, how are they, are they pretty tidy Trout? Sir, says I, the hoops are on, the wood is but so and so; I have told the man he might have them for one pound one shilling.

JOHN SUTTON sworn.

I am a wheelwright.

How long have you known Trout? - These twelve or fourteen years.

What character has he borne? - I never heard any thing of him but an honest man; I have bought wheels of Trout; I have bought a set of Mr. Wright, a set of Mr. Allen, and several sets I have bought of Trout, in the course of these ten years.

Did it appear to you that Trout was the

man with whom that business was to be transacted? - Mr. Wright has sent me down to Trout; I have gone down to Trout into the yard, and I have looked for such a set of wheels as I have wanted; I found them there, and I have agreed with Trout for them, and paid him for them; one time I told Mr. Wright I wanted a set of wheels for an old carriage; and he said, go down to Trout, and Trout will deal with you for old wheels; Trout will sell them to you.

Then, you understood from Mr. Wright that Trout was the man with whom this business was to be done? - I have bought several sets in the yard in the course of ten years.

What prices may you have given? - Twenty-four, or twenty-five shillings; sometimes I have gone as far as thirty shillings; that is the whole sum.

What is the lowest of those of a more moderate quality? - I never bought any but what was very good; I wanted them that were fit to put on a gentleman's carriage, that would run for a month or six weeks, till a new carriage was made; I gave a better price than a hackneyman would have given.

It may happen that a pair of fore wheels are worth very little, unless they are fit to put on? - They give gentlemen's coachmen more than the wheels are worth; a guinea is the price, that is not worth above ten or a dozen shillings; then the fore wheel cannot be worth above four or five shillings.

Mr. Silvester. Where do you live? - I am wheeler to Mr. Hatchett, in Long-acre.

When was this transaction with Mr. Wright? - I believe it may be three or four years since; I have not dealt with Mr. Wright since, but with Mr. Trout I have sometimes; I have seen Mr. Wright in the yard, or Mr. Allen, or Mr. Lukin, and had what I wanted.

Who did you pay the money to at that time? - To Mr. Wright, in the yard.

How did you fetch them away? - I generally had them sent away; I took them home in the open day, in working hours, I and my fellow servant, that was foreman to the labourers, the same as Trout was; we sold them there; we never went to Mr. Hatchett.

Court. You had a general authority from Mr. Hatchett to sell, and account with him for the money? - Yes.

Do you recollect at all particularly what Mr. Wright said when he bid you go down to Trout? - Go to Trout, and Trout will deal with you for the wheels; I looked out the set myself, and then he was to deal with me for them.

RICHARD MOUNTAIN sworn.

Did you purchase any wheels of Mr. Wright? - Yes; but I do not remember any in this Mr. Wright's time.

How long ago? - I should suppose it to be five or six years ago.

Who did you use to deal with? - Mr. Thomas Wright ; and if he was not there, and I bid Trout too little, he used to say, I must ask my master; I have known Trout fourteen or fifteen years; I always saw him as a labourer; I know nothing particular of him.

(The prisoner Trout called another witness, who gave him a very good character.)

PRISONER DAVY'S DEFENCE.

I leave it to my counsel.

- BENWELL sworn.

I understand you are a coach-maker? - I am.

Can you inform the gentlemen of the jury the course of the trade? - I can of our own; I have served an apprenticeship in the trade, and I am now in the trade; I employ, I suppose, thirty journeymen; we have a foreman to the labourers.

Is it, or is it not, customary to intrust that man with the sale of the cast wheels? - Certainly; the shop I am in, I have been in about twenty-five years; I succeeded Mr. Foster, in Long Acre; I never knew him sell a set of whels; we wish to have

them out of our way; when any person comes, we let them part with them; they bring the money to account.

Has it happened that any of these men had sold wheels to persons applying? - I have one man that I sold twenty sets at a time to; he has gone through with that bargain, and brought the money to account.

What is the value of a set of wheels? - Why they must be a pretty good set, with a good deal of iron upon them, to fetch twelve or fourteen shillings; I never gave a receipt for any such thing in my life; whatever they sold them for, I always abided by what they did.

Court. When you speak of the price of twelve shillings, you speak of those that are to be broken up? - Yes; I have sold the fore wheels for about eight shillings, and the hind wheels for about fourteen shillings.

But many for a much higher price than that, I suppose? - Oh, yes. I have known Davy twenty years; he is in a capital way of business as a wheel-wright; always bore the best of characters; an honest, hard-working man as ever I knew; he has certainly brought up a large family, with a great deal of industry; he has many servants.

Mr. Silvester. Did he deal with you for old wheels? - He has frequently bought fore wheels at our shop; fore wheels are more applied for, because they are wanted to send into the North, to use in the coal trade.

Court. Has the prisoner Davy dealt frequently at Mr. Foster's for old wheels? - I cannot say, Sir; it did not come within my knowledge; lately he bought five pair of fore wheels, for which he gave eight shillings a pair.

- BERRY sworn.

I am a coach-maker in Long-acre, near to Mr. Davy; I have known him seventeen years; I have dealt with him to this very time; I always found him a fair, honest man, rather likely to be imposed on, than impose; he has a dozen men under him; I have sold him wheels.

- SLODDARD sworn.

I have known Davy I suppose for twenty-four years; I live in Mount-street, Grosvenor-square; his general character has been a very good one; an honest, industrious, hard-working man as ever was; I always understood him so.

- WELLS sworn.

I live in Charles-street, Long-acre; I have known him upwards of twenty years; I know him to be a very honest, hard-working man, and took great care of his family.

- HEATHER sworn.

I live in Long-acre; I have known him seventeen or eighteen years; a very honest, industrious, hard-working man; I never knew any body speak against him in my life; he has a large family.

- MABERLY sworn.

I live in Little Queen-street; I have known Mr. Davy twelve, or fourteen, or sixteen years; he has bore a general good character, and stood unimpeached, I believe, till this matter.

- FROOME sworn.

I live in Oxford-street; I have known him twenty years; I always understood him to be a very worthy, honest man, and I have sold him ten pair of wheels, hind and fore ones together, for eight shillings a pair, not more.

THOMAS WALLIS sworn.

I live in Long-acre; I have known him about eleven or twelve years; his character is very good; I never heard any thing amiss of him in my life, nor ever had the least reason to suspect him.

OWEN O'KEEFE sworn.

I have known him about eight years; always looked upon him to be a very honest industrious man, in the course of my dealings with him.

Court. You cannot add to the circumstance of character; for these witnesses are all of a very respectable description, as far as their knowledge goes; and there is no doubt of their character.

Court to Chantry. Which of the wheels was it? - One of the Bishop of Exeter's, and two of Mr. Woodley's coach.

THOMAS TROUT , GUILTY .

To be transported for seven years .

DAVID DAVY , GUILTY .

To be transported for fourteen years .

The prisoner Davy was recommended by the Jury.

Tried by the first Middlesex Jury, before Mr. RECORDER.

Reference Number: t17860426-44

362. GEORGE EMBLETON , RICHARD EADES , and WILLIAM SMITH , were indicted for burglariously and feloniously breaking and entering the dwelling-house of James King , about the hour of one in the night, on the 22d day of February last, and burglariously stealing therein two linen sheets, value 7 s. three pair of cotton stockings, value 1 s. one pair of ditto, value 3 s. two frocks, value 2 s. one towel, value 6 d. two napkins, value 1 s. two aprons, value 6 d. four nightcaps, value 6 d. one skirt, value 1 s. three handkerchiefs, value 1 s. one shirt, value 1 s. one shift, value 6 d. six shifts, value 3 s. one neckcloth, value 2 d. one cap and fender, value 2 s. one fender, value 1 s. a poker, value 6 d. a pair of tongs, value 1 s. a shovel, value 1 s. one pair of scissars, value 2 d. six cups and saucers, value 1 s. two pounds weight of brown sugar, and four pewter tea-spoons, value 1 s. the property of the said James King .

JAMES KING sworn.

On the 22d of February, I was the last up in the house; I went to bed about twelve; I am sure all the doors and windows were fast; my wife was first up in the morning, between five and six; my wife called me down, and I found the brickwork of the chimney broke down, and a hole big enough for two men to get through; the chimney is between the coal-hole and the parlour; they got through the coal-hole; the door of that coal-hole is shut, but never locked.

There is no communication between the coal-hole and the house? - No; there are windows, but they join together.

Was it day-light when you came down? - Yes; it was day-break.

Were there any things lost out of the house? - Out of the parlour; the things mentioned in the indictment; the things were advertised; a servant came down to me, and I came up to London, and found some of my things at Mr. Wilmot's office on the 28th, and the three prisoners were in custody, but how they came in custody I do not know.

REBECCA KING sworn.

I came down in the morning of the robbery, between five and six.

Was it day-light? - Pretty light; it was light enough to see about the house without a candle; I went to fetch some coals, and saw the back parlour chimney was all pulled down; I missed the things mentioned in the indictment.

SARAH MARCELLO sworn.

On the 23d of February, some things were brought to me, between seven and eight in the morning, in a bag, as nigh as I can guess; I keep a sale shop in Shoreditch, No. 40; they were offered for sale; when they brought them, I was in bed, and the stockings were quite wet; the three prisoners were all in the shop when I came down stairs; I am sure these are the three men; I asked them what they wanted, and the prisoners Smith and Embleton said they each of them wanted a pair of shoes.

Did the prisoner Eades say any thing? - No, not at that time; I was uneasy at their being there, and I requested them to go away; they shewed some reluctance; then Smith told Eades they would go to the Star and Garter, and wait for his coming; Eades said he would come presently: then I asked Eades what he would have for the things; he said they were his property; he asked half a guinea for them; I offered him nine shillings; he said, you may have them; I suspected the man, and went to Mr. Allen, and took him into custody;

when the officer came, I gave charge of him; and the prisoner Eades said, he met two men coming across Newington Fields, and that these two men followed him, and gave them to him to sell; that is all that I know. Allen and me went to look for the other men at the Star and Garter, and we found them there; the prisoners are the men; then Mr. Allen took charge of Eades and the things; Eades said he was coming along in Newington Fields, and he met two men, and he picked them up; that two men were hustling for them, and he hustled with them, and got a cut over his forehead; the other men said they knew nothing of him; Eades said after, that Smith gave him the things to sell; Smith confessed, and he was not examined by the Justice.

CHARLES ALLEN sworn.

Mrs. Marcello called me to take charge of one of these prisoners; she told me she dare say there had been a robbery committed; that she had some things offered for sale, and they were wet.

Who did you find there? - The prisoner Eades.

What did he say? - He said the things were given him to sell by Smith; he did not say any thing about Embleton.

Did he mention any body but Smith having any thing to do with the things? - No; I then went to the public house, and took the other men.

When you first went there, and took the two men, what did either of them say? - Embleton said he knew nothing at all about them; he went in to buy a pair of shoes; Smith did not deny but what he gave them to him to sell, and said he found them in a ditch.

Did Smith say that Embleton was with him? - No.

Did Embleton deny any knowledge of the things? - Yes.

Did Smith contradict that? - No; Eades said that Smith was the man that gave him the things; I am sure those are the things.

ABRAHAM MARCELLO sworn.

On the 23d of February, my youngest child brought up a bag, containing some clothes in it; I went down, and my wife had given charge of one man; I saw nobody when I came down; they were at the next door, at Mr. Allen's; I saw the prisoner Eades in custody at Mr. Allen's; I asked him how he came by these goods; he said that a brewer's servant, (that was Smith) who was at the Star and Garter, gave them to him to sell; I asked him where the brewer's servant was; he said he was gone to get a pint of beer at the Star and Garter; then I said to Mr. Allen, you had better apprehend the other two men, and the brewer's servant; he said there were two men with him, but it was the brewer's servant that gave it to him.

After your wife and Allen went away to look after the two men, did any thing pass between Eades and you? - No; he said he was innocent; I was present at the examination of all three of them; the officer told Mr. Wilmot the charge; Mr. Wilmot called to Smith first; when he was alone, he said, young man, it will save me a good deal of trouble, if you tell the truth; Smith said he was coming along the fields, and he found the bundle in a ditch, and he had a scuffle with two men, and one of them cut him over the eye; I saw no mark or wound; there would have been one, if it was fresh. Embleton said he was present; the other man said the things were found; none of them said that Embleton knew any thing of this. I know nothing further.

(The things deposed to.)

Court to Mrs. Marcello. Is your girl here? - No.

When you came down, you found these three men in the shop? - Yes.

Who asked for the shoes, can you recollect? - Yes, each of them; Smith and Embleton said they wanted a pair of shoes, but I looked at their feet, and I did not think they wanted any; they had very good shoes on their feet; they both said they

would go and have a pint of beer; Smith said to Eades they would go to the Star and Garter and get a pint of beer, and Embleton said, so they would.

Did Smith and Embleton say any thing? - No, nothing; but they were very loth to go away from the premises.

When you offered the nine shillings, and agreed for that, it was with a view to get the officer? - Yes; I did not mean to buy them; I would not wish to buy them under twelve or fourteen shillings at a fair price; I would not wish to buy them cheaper.

It was between seven and eight? - It was a little before eight.

Court to Prosecutor. How far is your house from town? - About six miles from Shoreditch church.

Mrs. King. My Lord, that prisoner, Embleton, was at our house the evening before; our's is a public house; there was him and another; I cannot tell who the other was; I do not know that it was either of the prisoners; I knew him again when I saw him; he had a pint of beer; I said, gentlemen, how far are you going this dark cold night; and he said, Madam, we are going to town; he paid me for the pint of beer; it was about eight in the evening; they staid half an hour at our house; I saw or heard no more of them.

What part of the house were they in? - They were in the kitchen; I was ironing in the parlour.

Prisoner Eades. I was walking down Shoreditch, and I met George Embleton in Shoreditch, that very morning that I was taken up; and he said, Dick, I have been very sick a long while, will you give me part of a pint of purl; I said, yes, and welcome, if I had but a penny I would give you a part of it; we drank out one pint of purl, and went to the door, and drank another at the door; and as we were going out, George said to me, Dick, will you give me part of another pint; as we were drinking it, the prisoner Smith came past; he spoke to George; I never saw him before; and he told me as he had found these things; I said, I was going to Shoreditch; Embleton, he was going to buy a pair of shoes.

PRISONER SMITH'S DEFENCE.

I picked up these things going to town; I came back and met with these two men at the Rose and Crown door; I said I have found something, but what they are, I do not know; and as I said so, I turned the things out in the middle of the high road.

PRISONER EMBLETON'S DEFENCE.

I had been very ill, and I then got up and I met with Eades, and he and I had a pint or two of purl; when this man came up, we went with him; I wanted a pair of shoes, the shoes I had on were tore on both sides; and I had them mended in New-prison; I could not get a pair of shoes; and this man employed him to sell the things for him, and we went to the Star and Garter; as for being in the prosecutor's house, I was bad in my bed and had been for five days; and the constable knows I was very bad when he took me; I could scarcely walk to the office.

(The prisoners witnesses examined separate.)

SUSAN CABE sworn.

I am a witness for Smith; he lodged at my house about a year and a half.

Have you any husband? - Yes; he is a watch finisher.

What character does he bear? - He always bore an exceeding good character, a hard working, sober, honest man; he was taken up either the 22d or 23d; I remember his being taken up; that was on the Thursday following.

What day of the month was the Thursday? - I cannot rightly say.

How long was it after he was taken up? - He was taken up on the Monday as I was told; I did not hear it till the Thursday following.

When had you seen him last before you heard he was taken up? - I saw him the 22d.

What day of the week was that? - It was on the Monday.

Do you mean the Monday before the Thursday, or the Monday week? - The

Monday week before I heard he was taken up.

Was it in February or in March that you heard he was taken up? - In February.

You heard it was in February, was it the last Thursday in February? - I believe it was.

And you had seen him the Monday before that? - Yes.

Was it the Monday before that, or the Monday week before that? - The Monday week before that.

Then you had not seen him for ten days before you heard he was taken up? - Yes, I had.

How so? - Then it must be the Monday before I heard it, and not the Monday week.

How long had he been taken up before you heard it? - Two or three days.

Are you sure it was the Thursday you heard it? - Yes; I think it was, to the best of my knowledge.

Where was it you last saw him? - He was at my house the last time I saw him; he left my house about six in the morning; the last time I saw him, I think it was on a Monday.

Prisoner Eades. I do not know I have any witnesses.

Prisoner Embleton. I have a person that can testify, that I was bad in my bed for five days; and I have persons to appear for my character.

RICHARD BELLWARD sworn.

I have known Embleton twelve or fourteen years; he is a carpenter; when I knew him at home, he bore a very good character; he was brought up with his parents; he lived then in Marsh-street, Walthamstow; before he was taken up he lived at Newington.

The prisoner Embleton called three witnesses to his character.

GEORGE EMBLETON , RICHARD EADES , WILLIAM SMITH

GUILTY Of stealing, but not of breaking and entering .

Each transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-45

363. JAMES PERRY was indicted for feloniously stealing on the 11th day of March , one feather bolster, value 5 s. two pair of sheets, value 5 s. two blankets, value 5 s. one shirt, value 7 s. a waistcoat, value 3 s. a black cloath coat, value 20 s. a sattin waistcoat, value 20 s. four cotton bed curtains, value 20 s. five remnants of sattin, containing seven yards, value 20 s. one copper preserving-pan, value 5 s. one copper saucepan, value 5 s. one other copper saucepan, value 5 s. a coal skuttle, value 10 s. a pair of knee buckles, value 7 s. a mattress, value 20 s. a counterpane, value 20 s. a great coat, value 2 s. a man's hat, value 3 s. the property of Humphry Jackson , Esq. in his dwelling house .

JOSEPH STEVENS sworn.

I am a brass founder.

Do you know of Mr. Jackson loosing any thing? - No; I was taken up for this offence. George Moore pulled a hat from off the prisoner's head and gave it me to pawn; I know nothing of the robbery; they were at the publick house, and not having money enough to pay the reckoning, they gave me the hat to pawn for five shillings.

When was it? - About a month ago; Moore desired me to pawn the hat.

Whose hat was it? - Mr. Jackson's.

Where was it? - In Bishopsgate-street, between eight and nine in the morning, and I was taken up; I could not pawn it, and they told me to sell it.

(The hat produced.)

Is that the hat? - It is very like it.

Have you any doubt? - No, it had such a lining.

MOSES JOSEPH sworn.

The last day of the lottery, the 22d day

of March, on a Wednesday, there was a man, one Moore, in company with Perry, came and asked me if I took things out of pawn; I was in Pettycoat-lane; Moore says, I have lost all my money, 150 l. in the lottery, and he said, he had many things in pawn, and asked me to take them out.

Had Perry and Moore any conversation together when you went into the publick house? - They were speaking, but I know not what passed; Perry fetched a paper, containing a list of clothes that was in pawn; Perry and Moore went with me as far as the pawnbroker's, but Perry did not go in; I went on Wednesday and Thursday; there was so many pawnbroker's I could not go to them all in one day; I went on Wednesday, I took a bed and bolster, and gave Moore half a guinea; I did not see Perry after this, he went away; there was six different pawnbrokers.

Did Perry go with you to any other pawnbroker's that day? - No.

What is the name of the first pawnbroker? - I do not know; he lives in the Minories.

Are the effects taken out the first day here? - Yes, they are over the way, all but the bed, that is sold.

Court. Send for the other things into Court.

Moses Joseph . On Thursday I took some more out, and Friday some more things.

Did Moore go with you? - He did to every one that were pawned in the name of Lee; but Moore had the duplicates; and I gave him two guineas.

Have you all the things you bought? - All but the bed, which is sold; they had fifteen guineas in all; I went to two pawnbrokers on Wednesday, one was Mr. Bond in Houndsditch; on Thursday I went to four more, but cannot recollect their names; on Friday I went to two more.

What property did you take the first day? - A goose feather-bed, and a coal skuttle, the bed I sold to one Barnard.

(The copper coal skuttle produced.)

What things did you find the next day? - Some sheets, &c.

HUMPHRY JACKSON, Esq. sworn.

Did you loose any property on the 11th of March? - Yes; Perry and Moore were employed by me in my manufactory in Tower-street; I was indisposed at my country house in Kent, and they used to come down to receive their wages; the last time they came, was the 14th of March; I thought they had been at work regularly, and paid them their wages; I told Moore, I should return to town on Tuesday; on the Wednesday I came and found the house locked up; I made enquiry after my men, but they had not been seen at work for some time; I got a carpenter to get into the house, and with some difficulty he opened it, it was so good a lock; he found a quantity of linen thrown about in such a manner as if the house had been robbed.

What did you loose? - All the things mentioned in the indictment.

Court. Hand up the hat. (The hat produced.) The prisoner messed in the house, and had the use of every thing in the house; before the magistrate the prisoner discharged himself, and laid the whole upon Moore.

Court to Prisoner. Have you any question to ask Stevens?

Prisoner. Please to ask Stevens how he came by the hat? - I had it of Moore, who said it was his own property, and I must sell it.

Court to Stevens. Had Perry any hat with him? - Moore had torn the front of Perry's hat off, and said he would lend him this for two or three days, till he could get another, which proved to be Mr. Jackson's.

THOMAS BLAND sworn.

I live in Shoe-lane; I am a brass founder; I have known Perry upwards of ten, years.

Where did he live? - In Tower-street; he worked with Mr. Jackson.

EDWARD NORRIS sworn.

I am a bedstead maker; I have known him ten years; a very good character.

JOHN WEALE sworn.

I have known the prisoner fifteen or sixteen years; a very good character.

Jackson. I am upon my oath, and you have more than once, twice, or thrice given me a very horrid character of him, and that he was discharged for things he should not, and you have said every thing that is bad of him before my face.

Court to witness. Upon the oath you have taken, did you never give a different character to Mr. Jackson? - Never did in my life give him a bad character; he owes me money now, but that is nothing to his character; he said his master did not pay him, that was the reason.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860426-46

364. JAMES JONES , otherwise ELISHA BENJAMIN , was indicted, for feloniously stealing, on the 15th day of March last, five weather sheep, value 5 l. the property of Samuel Matthew and James Waterford .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-47

365. ELIZABETH ANDERSON was indicted for feloniously stealing, on the 3d day of April , one leather wrapper, value 1 d. and sixteen ounces of sewing silk, value 20 s. the property of Angus Duthie and James Brown , privily in their shop .

CHARLES COOPER sworn.

The prisoner came into the shop the 3d of April, about three in the afternoon to buy some silk; she fixed on three colours, and I went to the other end of the counter to weigh it; I observed a motion of her hand to that part of the counter where this silk was; she bought fourpenny worth, and went away; I missed the wrapper, and went after, and brought her into the shop, and I just perceived her drop the wrapper from under her coats; I knew the wrapper, being pieced in several places.

Prisoner. I am thirteen years old; I did not meddle with it.

The prisoner's mother appeared for her character.

GUILTY, 4 s. 10 d.

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

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

Reference Number: t17860426-48

366. CATHARINE GRADY was indicted for feloniously stealing on the 7th day of April last, one silk handkerchief, value 6 d. one silver watch, value 40 s. and ten shillings in monies numbered, the property of Hugh May , privily from his person .

NOT GUILTY .

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

Reference Number: t17860426-49

367. JANE CAUDRAY , otherwise EWERS , was indicted for feloniously stealing on the 22d day of March last, twenty yards of black silk lace, value 30 s. the property of Elizabeth Ann Rippon .

The prisoner was stopped by Mr. Barlow of Cranbourn-court, silk mercer, to whom she offered the lace for sale.

(Deposed to.)

GUILTY .

The prisoner called three witnesses to her character.

Recommended by the Jury.

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

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

Reference Number: t17860426-50

368. JOSEPH WILLIAMSON , and RICHARD PURNELL , were indicted for feloniously stealing on the 3d day of March last, seven hats, value 30 s. the property of Thomas Morton .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-51

369. CHARLES LE GROSS was indicted for feloniously stealing, on the 28th day of January last, one hempen lack, value 1 s. four fowls, value 4 s. and one she ass, value 3 s. the property of persons unknown.

The prisoner was stopped by John Duck on the ass, with the sack with four fowls with their necks broke; he was taken to the Justice's, and the fellow garter to that which he had on was tied round the sack; he said he had had the ass a fortnight, but could not tell whether it was a he or a she; and found the bag and fowls close to a ditch.

Court to Jury. In this case you must raise a double presumption, first, that the property that never was claimed was stolen; and secondly, that the party in possession of it, was the person who stole it.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-52

370. SARAH BURKE was indicted for feloniously stealing, on the 22d day of April , eight guineas, value 8 l. 8 s. and four shillings in monies numbered, the property of Bridget Kensillia , widow , in the dwelling-house of Mary Kelly .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-53

371. GEORGE WOODWARD and GEORGE ROBERTS were indicted for feloniously stealing, on the 22d day of March last, three pounds weight of whipcord, value 2 s. a pair of stirrup-leathers, value 2 s. and two pair of girths, value 2 s. the property of Charles Dixon .

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860426-54

372. ANN SMITH was indicted for feloniously stealing, on the 23d day of March last, five handkerchiefs, made of silk and cotton, value 5 s. the property of Thomas Poole .

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-55

373. DAVID CREE was indicted for feloniously stealing, on the 28th day of March last, fifty pounds weight of Malaga raisins, value 3 s. the property of Richard Munt .

The person of the prisoner could not be identified.

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-56

374. ANN SHERLOCK was indicted for feloniously stealing, on the 17th day of April , one silver watch, value 4 l. two cornelian seals, set in metal, value 10 s. one half guinea, value 10 s. 6 d. the property of Samuel Purnell , in the dwelling-house of Thomas Fagan .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-57

375. ELIZABETH ADAMS was indicted for feloniously stealing, on the 1st day of April , one silk gown, value 20 s. one printed cotton gown, value 10 s. a muslin apron, value 12 d. a linen ditto, value 12 d. a neck handkerchief, value 12 d. a lawn ditto, value 12 d. two black silk handkerchief, value 2 s. two pair of ruffles, value 12 d. the property of Alexander Macky .

ALEXANDER MACKY sworn.

The prisoner was a lodger of mine six months and a half; on the 1st of April, some clothes were hung to dry in the one pair of stairs; my wife set the door and window open; the prisoner lodged in the two pair of stairs; she went down in the low parlour at two, and staid till seven; and whenever she went up stairs, we heard her in the room above; we imagined she was going to shut the windows; she staid about a quarter of an hour there; we asked, her whether she had been in the room above, and she said, no; then she lighted her candle, and went up stairs; then she came down again, and went out; my wife went up stairs, and I went up; and the clothes were gone; the box was quite open, and nothing in it but one pair of ruffles; in about three quarters of an hour the prisoner returned; I told her she had taken the things; she denied it; on the Thursday following I took her up; her room was never searched; the things were afterwards found.

Mr. Garrow, Prisoner's Counsel. This poor girl had been six months a lodger of your's? - Yes.

How had she behaved? - Exceedingly well.

You had a good character with her? - Yes.

I believe you had reason enough to know that she was much distressed? - I did not know it, but it might be so.

ISABELLA MACKY sworn.

Mr. Garrow. You have had many conversations with this young woman about your things? - Yes.

At last, I believe, you told her, if she would give you the things, or tell you where they were, that you would say no more about it? - Yes, Sir, I did.

Court. Was that before you got the warrant for her? - Yes.

After you got the warrant for her, and took her up, did you, after the constable came, make her any promise? - No; I told the constable if she would let me have the things, I would not hurt her. I did not tell her so.

- ASHTON sworn.

I took the prisoner; I found the things in the prisoner's room; she gave them me.

Court to Mrs. Macky. As you authorised the constable to tell this young woman so, how came you to prosecute her afterwards? - The constable told me he was bound over, or I should have let her go.

When the prisoner left your room in the afternoon when these things were lost, did you hear where she went to? - I am sure I can swear it, I heard her in my room three minutes, unlocking my box; and I went up stairs, and came down again.

Did you say you heard her unlocking your box? - Yes, I did.

Why did not you go up stairs then? - I did not think she was a thief.

Then, what business had she to unlock your box? - I swear I heard her.

Prisoner. I leave it to my counsel.

CHARLES WRIGHT sworn.

I am one of the first clerks in the Admiralty. This young woman was a servant in my family fifteen months; she was strictly honest the whole time she lived with me; I gave her an exceeding good character; she left me in November 1784.

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

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-58

376. EDWARD SMITH was indicted for feloniously stealing, on the 14th day of March last, one damask table-cloth, value 1 s. the property of Thomas Elliot , and one cotton gown, value 1 s. and one linen apron, value 6 d. the property of Eleanor Rowland , spinster .

The prosecutors called on their recognizances, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-59

377. THOMAS DIPPEY was indicted for feloniously stealing, on the 7th day of April , three cotton gowns, value 20 s. a petticoat, value 6 d. two ditto, value 2 s. 6 d. eight aprons, value 5 s. 6 d. four shifts, value 2 s. two pair of shoes, value 6 d. and sundry other things , the property of Ann Stewart .

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-60

378. WILLIAM BROWN was indicted, for that he, on the 7th of November last, a certain pistol, loaded with gunpowder and one leaden bullet, which he in his right hand then and there had and held, to, at, and against him, Edward Gibson , in a public street, wilfully and feloniously did shoot off and discharge, against the statute, and against the peace .

EDWARD GIBSON sworn.

I am a linen-draper ; I live in Barbican . On Monday, about five in the evening, Mr. Henry Thwait 's servant was delivering goods at my house; he called out, there is a man has taken six pieces of print out of the cart this instant; my man called out; I caught the man by the coat; he instantly said he would shoot me, and clapped a pistol to my face, and swore he would shoot me, and snapped the pistol; I cried out, for God's sake, assist me; I held him fast by the arm till the two patrolls came up, with two drawn hangers; they took him, and tied his hands; he only snapped the pistol, but it did not go off.

Court. They have entirely mistaken the matter; they have indicted him for firing, when he only snapped the pistol.

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-61

379. JAMES SIGNALL was indicted for feloniously stealing, on the 18th day of

March last, one pocket-handkerchief, value 4 d. the property of John Gale .

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-62

380. MARY RILEY was indicted for feloniously stealing, on the 14th day of April , one crown piece, value 5 s. one half crown piece, value 2 s. 6 d. and five shillings in monies numbered , the property of Cornelius Scannell .

There being no evidence against the prisoner, but her own declaration, made on the promise of favour, she was ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860426-63

381. THOMAS EBBORNE was indicted for feloniously stealing, on the 18th day of March last, one linen shirt, value 5 s. the property of James Thompson .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-64

382. ESTHER NOBLE was indicted for feloniously stealing, on the 10th day of March , one metal watch, value 30 s. one shirt, value 6 s. one pair of silk stockings, value 1 s. one coat, value 6 d. one apron, value 6 d. the property of Joseph De Marco , and one callico gown, value 7 s. the property of Peter Campbell .

The watch was pawned by the prisoner the same day it was stolen, and she gave an uncertain account of it.

Prisoner. A woman gave it me to pawn.

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: t17860426-65

383. RICHARD FOLKS was indicted for feloniously stealing, on the 22d day of April last, three hundred and thirty-six pieces of copper money, called halfpence, value 14 s. the property of James Hatchellor .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-66

384. CATHERINE BROWN was indicted for feloniously stealing, on the 17th day of April last, one child's linen frock, value 8 s. one other linen frock, value 6 d. and one spoon, value 18 d. the property of Andrew Wilkie .

The prisoner was stopped selling the frock, having previously been seen about the prosecutor's house.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-67

385. JOHN NEWBURY was indicted for feloniously stealing, on the 2d day of March last, two pieces of timber, value 17 s. the property of Richard Mann .

The prisoner, in his defence, brought a witness to prove that the timber was adrift after it was lost.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-68

386. JOHN ECCLES was indicted for feloniously stealing, on the 10th day of April , twelve pounds weight of iron, value 15 d. the property of William Hill and John Taylor .

The prisoner was taken with the property upon him.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-69

387. THOMAS GLOVER was indicted for feloniously stealing, on the 22d day of April , two cloth coats, value 3 l. one waistcoat, value 10 s. one apron, value 5 s. one neck handkerchief, value 3 s. one pocket book, value 6 d. the property of Benjamin Wells , in his dwelling-house .

BENJAMIN WELLS sworn.

I live in Warwick Place . My servant had left some of my clothes in the passage, the door being left open to clean it, about nine they were gone; they were removed, I believe, by the servant; I generally take the key of the street-door up with me; but it was on the Saturday morning, and the girl was to clean the passage out, and I left it below; my clothes are frequently put there by the servant for the purpose of brushing them, but she had imprudently left the street-door open; the things I saw at eight disappeared before nine. I made some enquiry in the neighbourhood, and I found from a hackney coachman; I saw all the things at Bow-street on Monday, except the papers; a woman was in custody.

WILLIAM RICHARDS sworn.

I was at the corner of Warwick-court, upon the stand, and the prisoner came by with these things, and seemed much confused; he came under a cart, came to my horses head, went on the off side, opened the coach door himself, and put the things in the coach; he bid me drive to Westminster as fast as possible; he was so confused, he could scarcely tell me; then I asked him to what part of Westminster, and he said to Duck-lane; I drove past the turning; I did not know it exactly; I stopped and asked him; he got out and took the bundle and called a woman to give him two shillings; he went into a house which an old lady kept; he asked where Nanny was, she said, she was up stairs; he called her down, and gave this bundle to her, and ordered her to give me two shillings; I looked through the fore glass all the way, and going along the Strand, I saw the prisoner take a pocket book from one of his breast pockets, and look over a many papers; then I immediately thought going along, this man may have things of a gentleman's of very great property; and I thought it was the best thing I could do to discover as soon as possible, and as soon as I him set down, I gave notice; in consequence of which, the woman was first apprehended; Sir Robert Taylor went with me; I begged of him to go because we are fearful; I shewed him the house; I thought it belonged to some gentlemen's chambers; and I gave notice at the coffee-house; the prisoner is the man; I knew his face before; I have no doubt of him.

JOHN SAYRE sworn.

I went to this house with Sir Richard Taylor ; I found four or five people in the house; and I found these things that I now produce in the two pair of stairs; there were two women and a man in bed, that was just come out of prison; in consequence of the information of these girls, I apprehended Mrs. Brown; the prisoner was not there, about an hour or two after the prisoner came, and owned the property; the prisoner was taken in Bond-street two or three days after.

Did he ever say any thing about this matter? - No.

Mr. Wells. Here are two coats, the waistcoat, and pocket book; this I know to be mine.

Is there any particular description by which you know it? - This coat I have not yet looked at, but there is a piece of the button broken off, here it is, I believe the other coat to be mine, the pocket book I am sure of.

What may the value of those things be at a low valuation? - I do not wish to value them too high; twenty shillings.

FRANCES BROWN sworn.

The prisoner brought these things into the house with the coachman, and asked me to lend him a couple of shillings, he did not stop a minute in the place, he did not say how he came by them.

PRISONER's DEFENCE.

As I was coming along on Monday morning, I met with that woman's husband with the things under his arm; and he asked me, knowing me, to take these things to his house, and he would pay me for it, accordingly I did so, and he bid me ask his wife for three shillings to pay for the coach; I have nobody to prove this, I have not been a long time out of the country.

GUILTY, 20 s.

Transported for seven years .

Court to Prisoner. In this case you probably owe your life to the lenity of Mr. Wells the prosecutor; you ought to discover where the papers are.

Prisoner. I know nothing of them.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-70

388. MARY IRELAND and ANN PRICE were indicted for feloniously assaulting Finlay Martin , in the dwelling house of William Simpson , on the 11th day of March last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, seventeen shillings in monies numbered, and one hundred and ninety two halfpence, value 8 s. his property .

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-71

389. ELIZABETH JACKSON was indicted for feloniously stealing on the 6th day of March last, one wooden box, value 3 s. one pepper box, value 6 d. one linen gown, value 7 s. one striped gown, value 6 s. one apron, value 2 s. another apron, value 6 d. one linen gown, value 5 s. an apron, value 18 d. twenty-two caps, value 10 s. two linen handkerchiefs, value 6 s. five pair of lace robins, value 2 s. thirteen pair of plain ditto, value 3 s. three aprons, value 21 s. three pair of cotton stockings, value 7 s. four pair of worsted stockings, value 3 s. the property of John Fokes the younger.

A second count. For feloniously stealing on the 2d day of March last, one bank note, value 20 l. that sum being unsatisfied, the property of the said John Fokes .

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

JANE FOKES , jun. sworn.

The prisoner came to engage my mother to nurse her lady, she said she lived at Mr. Robinson's in North-street, and she said she would go on the Monday; she came on Saturday the 4th of March, and said, that in the morning her lady had given her four tickets for the play on Monday evening; that she and her husband, and two of Lord Towshend's servants were going to the play, and if I and my eldest brother, Daniel Fokes , would go, we should; I told her I was much obliged to her, and being a servant out of place, I should be glad to go; on Monday the prisoner was to call on me at two o'clock, which she did, and then told my mother not to go to her lady till Tuesday; and she then said, she could not go to the play, because her lady had a great deal of company, and two of the maids were gone into the country, and she should be glad if I would come and assist the cook for two or three days; and as I was out of place, I said, I would go; I said, I had no clothes, but those upon me; and she said, she would lend me things plenty; and my eldest brother came home to go to the play; I told him we could not go, and I desired him to send for some things for me to my lodgings; and he wrote a note and laid it on the window; and the prisoner stole that note, and went to my lodgings, and got the things mentioned in the indictment; I wrote for a dark cotton gown, a silk handkerchief, and a coloured apron; these things lay in my caravan; the gentlewoman could get to them, but nothing more; I went with the prisoner to go to this place; my mother lives in One Bell-court, Tooley-street; and upon London-bridge the prisoner said, she was come

out without money, and was to take a dressed cap home for her lady; and it was to come to a guinea; her lady had given her a guinea in the morning, but she laid it down on the sideboard, and came out without it; and asked me what money I had about me; and I told her, only a crown piece, and a dollar; then she said, there was an old fellow servant of her's, that kept a public house by Honey-lane market; she went in, I stopped a minute at the door; she called for a pint of twopenny, she called to me to go along; she drank half the liquor, and found fault, the man had drawn her beer instead of twopenny; I asked her, was not she going into the bar to the gentlewoman; says she, Jenny, you can lend me that crown piece and dollar, that I may not go home without getting the cap; I said, I can do so, but not by the way of parting with it; she said, by no means; and I lent her them, to go and fetch the cap; and she bid me stop a few minutes, and she would return, but she did not; it then wanted ten minutes to six, I waited till twenty minutes after six; I found she did not return; I went home, and told my mother; but I went first to Mr. Seagood's, where she said she was going, nobody had been there; and my brother went to where she said she lived, and no such person lived in the family; there is such a family; the next day about half after one, I went to my lodgings, and the boxes and the other things were gone.

Eleanor Gilling water proved the prisoner coming for the prosecutrix's box to her house, with a note.

Daniel Fokes , the prosecutrix's brother, confirmed the above, and deposed to the note which he wrote; he found the prisoner on Thursday, and the box in her room, and a cap and handkerchief belonging to his sister, and found a pair of thoes and buckles, and a pair of stockings, and a white petticoat she had on, belonging to the prosecutrix, and found the duplicates of other things in her pockets.

WILLIAM GARNER sworn.

I took these things off the prisoner I am positive.

(The things deposed to.)

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-72

390. CHARLOTTE BECKETT was indicted for feloniously receiving one morocco pocket book, value 5 s. sixteen yards of silk ribbon, value 2 s. 6 d. fifteen callico caps, value 15 s. one print, entitled the death of Captain Cooke , value 5 s. the property of Catharine Anderson ; well knowing the same to be stolen .

Some of the property which Mrs. Anderson swore to, not appearing to the Jury to be sufficiently indentified, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-73

391. JOHN GRUBB was indicted for burglariously breaking and entering the dwelling house of Thomas Godsell , about the hour of eleven in the night, on the 21st day of April last, and burglariously stealing therein, twenty pair of iron horse shoes, value 8 s. and ten pounds weight of iron, value 12 d. the property of the said Thomas .

THOMAS GODSELL sworn.

I have a shop a quarter of a mile distant from my house; I have a house and shop in Old Gravel-lane ; my foreman lives in the rooms; I give him so much a week, and the rooms to live in; I never lodged there myself for these fourteen or fifteen years; on the 21st of April last, this shop was broke open; I can swear to the property.

THOMAS TUCKWOOD sworn.

I am a horse keeper to Mr. Godsell; he

is a farrier and smith; I locked this door about nine or ten, the evening before, and the next morning it was broke open; there were horse shoes lost, but what I cannot say.

THOMAS BROWN sworn.

I took the prisoner with the property on him.

Prisoner. A man asked me to carry it.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-74

392. ANN JOHNSON was indicted for feloniously stealing, on the 26th day of April last, one cotton bed-gown, value 5 s. one pair of stays, value 2 s. one shift, value 18 d. one silk handkerchief, value 6 d. one woollen cloak, value 2 s. one black silk bonnet, value 6 d. one woollen apron, value 6 d. one ribbon, value 5 d. the property of Sarah Thomkins , spinster ; two shirts, value 2 s. one waistcoat, value 1 s. the property of John Stratton .

The prisoner lodged in the same house with the prosecutrix; and the things were found upon her, two hours after they were lost; nobody was in the house but the prisoner, when the prosecutrix went out, and when she returned, the prisoner and the things were gone.

(Deposed to.)

Prisoner. I was in liquor; how the things came into my room, I cannot say.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-75

393. RICHARD M'DONALDS was indicted for feloniously stealing, on the 13th day of March last, one cotton gown, value 4 s. the property of Sarah Stockett , spinster .

The prosecutrix saw the prisoner take the gown off the line, and he was taken directly.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-76

394. ELIZABETH WHITE was indicted for feloniously stealing, on the 18th day of April , one flannel petticoat, value 4 s. the property of Sarah Cooper .

The prisoner was found in the prosecutrix's room, with the property.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-77

395. ELIZABETH BURKETT was indicted for feloniously stealing, on the 4th day of February last, one gold watch, value 6 l. one seal, value 2 s. and six shillings and six pence in monies numbered , the property of Thomas Brearey .

The prosecutor not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-78

396. EDWARD BAILLIE was indicted for feloniously stealing on the 6th day of April , six pounds weight of pork, value 2 s. the property of Charles Holliday .

The prosecutrix saw the prisoner take the pork, and took him directly.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-79

397. RICHARD COLLINS and GEORGE MOSS were indicted for feloniously stealing four bushels of coals, value 5 s. the property of Henry Briggs .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-80

398. JOHN HOWARD was indicted for feloniously stealing, on the 11th day of March last, eleven pounds and an half of pork, value 4 s. the property of Philip Winter .

The witnesses called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-81

399. WILLIAM WILSON and EDWARD DEMERAY were indicted for feloniously stealing, on the 2d day of April last, one linen handkerchief, value 18 d. two silver salt spoons, value 2 s. one silver punch ladle, value 3 s. one plated coffee pot, value 10 s. one waiter, value 10 s. nine napkins, value 3 s. one damask napkin, value 1 s. one cap, value 1 d. one apron, value 18 d. six prints, value 10 s. and seven prints, value 7 s. the property of Thomas Goodman .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-82

400. JOHN EDWARDS was indicted for burglariously and feloniously breaking and entering the dwelling house of John Williams , about the hour of four in the night, on the 13th day of April last, and burglariously stealing therein, eight hundred and eight pieces of copper money, called halfpence, value 1 l. 13 s. 8 d. and sixty four copper farthings, value 16 d. his property .

A second count, For that he being in the same dwelling house, first feloniously stole the same goods, and afterwards burglariously broke the said house to get out thereof.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-83

401. JUDITH LEVI was indicted for feloniously receiving, on the 8th day of October last, one yard and a quarter of brown linen cloth, value 6 d. and three yards and three quarters of muslin, value 8 s. 6 d. the property of John Thomas , knowing them to be stolen .

Edward Wilcox called on his recognizance, but did not appear.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-84

402. FRANCES LEWIS was indicted for that she, not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, on the 9th day of April last, with force and arms, at the parish of St. Luke, feloniously, wilfully, and of her malice aforethought, did make an assault on one Ann Rose , and did then and there, feloniously, wilfully, and of her malice aforethought, strike, beat, and kick the said Ann Rose , in and upon the head, breast, back, and sides, and did cast, and throw her down, unto, and upon the ground with great force and violence, giving her then and there, as well by the beating and kicking, as by the casting her down aforesaid, several mortal brokes, wounds, and bruises, of which she languished till the 13th of April, on which said 13th day of April, the said Ann Rose , of the several mortal wounds and bruises, did die; and so the Jurors aforesaid say, that she the said Frances Lewis , her the said Ann Rose did kill and murder. She was also charged on the Coroner's inquisition, with killing and slaying the said Ann Rose .

SARAH ROBERTSON sworn.

I live in White-horse-court, Cherry-tree-alley, White-cross-street.

Where did Ann Rose live? - In Cow-heel-alley, No. 2.

Was she a single or a married woman? - Single .

Did she lodge there, or had she a house? - A little house.

Was she a house-keeper? - Yes.

Where did this prisoner live? - In Old-street.

What do you know of the misfortune that happened to Ann Rose ? - Ann Rose and a man came home at one o'clock, on a Saturday night, about a fortnight ago.

Were they sober when they came home? - Middling sober.

Did any body come home with them? - Nobody but their two selves.

Where was you? - At home.

How near do you live to them? - At that time I lived in the house with them; and in about an hour after the prisoner and her husband came in.

Do they lodge in the same house too? - No, the man that lived with the deceased is brother to the prisoner.

What did they come about? - About a son that she has at sea, to tell her brother of it.

Was you in the room with them? - Yes; and the words began about the boy that is at sea; and this woman, the prisoner, put the deceased in a passion.

What did she do or say, to put her in a passion? - She was talking about the boy that is at sea, and she said he was dead.

Why should that put the deceased in a passion? - Because the deceased said, he had better be dead, than come home, for he had no house nor habitation; and the prisoner said, why was it so; and the deceased said, it would be a happy turn, if please God to take him; and so the prisoner called the deceased a b - h, or something or another; and she put her in such a big passion, that she up with her hand and slapped her face; the deceased slapped the prisoner's face; then after, the prisoner took and held her hands, and shook her; I fancy she took and shook her; and the deceased fell down; and she got some hurt in her back; I do not know how she came by it, without she fell against the box.

Did you see whether she fell against the box or no? - Sir, she fell down, but whether she hit herself against the box or no, I cannot say; but she said, she did hurt herself against the box; her husband picked her up, and she complained of her back, most monsirous of a pain in her back; and afterwards there were words between them, and they went at it again; and they went out into the yard.

What do you call going at it? - Why, fighting, and shaking one another.

Did they strike? - The deceased had the most blows; this woman did not fight her; she held her hands, and shook her well.

What did the deceased do, did she try to fight? - Oh yes; she fought again, to take her own part.

Who was it that began the second time? - I cannot say.

What did she say or do, to begin the second time? - It was about the boy; I sat by the fire, and in about a quarter of an hour I heard the cry of murder; what they were doing in the yard I cannot tell; they went out after the two men; I got up and went out, and this prisoner had hold of her by her hand; and held her hands, and shook her well.

Was the deceased at that time standing, or was she on the ground? - Standing both of them; it was the deceased cried murder; I knew her voice.

What did the deceased do, while the prisoner had hold of her hand? - She strove to strike as well as she could with her hand.

Did you interpose to put a stop to this? - They soon let one another go, and the deceased complained of her back and they did not go to it any more; they both came in.

What became of the husbands of those two people? - They were in the yard,

and drinking; they were trying to part them when I went out.

Did she complain of her back before she went out the second time? - Yes; and she complained of her back when she came in; and when her husband came in, her passion was so great, that she took some red hot fire out with her hand, and hove it at him.

What did she take the fire out with? - In her hand.

Was it wood or coal? - Coal; and then afterwards she took up the poker, and she hit him over his head; then after he took a stick, and was going to lick her; and I took the stick from him and broke it; and then I believe it was all over; then they made it all up again; and then the prisoner called the deceased out, and told her she wanted to speak to her, and the deceased said, what do you want to speak to me, how you have almost killed me? and the prisoner said, says she, almost killed you, if it had not been for your brother, I would have laid you for dead; and then afterwards they went home together to the prisoner's house in Old-street.

The deceased did not live at the prisoner's house at that time? - No.

What did they go home for? - They went to get some victuals for the man; the deceased brought some meat home with her.

How long after did the deceased come back again with the meat? - I take it, she went home about six, and returned about half after six or seven; this was in the morning.

So then you set up all night in this affray? - Yes; the deceased and the prisoner came home, and the deceased told me where she got it; I dressed the pork; we had it for breakfast; and the deceased eat very heartily; but she still complained of her back and her belly till she died; she eat nothing more; she kept about till she went to bed; and she got up no more till she was brought to bed.

When was she brought to bed? - On the Tuesday morning.

Did you see the child? - Yes.

Have you any judgment, can you tell me whether it was at its full time? - No Sir, it was about six months; it lived about three hours after she was delivered.

Did you apprehend she was not more than six months gone? - No; I believe she was not.

How soon did you discover that she had labour pains upon her, and was likely to be brought to bed? - I cannot say how soon, she complained all day of the Monday and all night; and she was brought to bed at eight o'clock.

Had she any assistance? - Yes, a midwife.

Was the prisoner in liquor; as well as the deceased? - Yes, the prisoner was very much in liquor; the deceased was not so much in liquor.

How long have you known them? - I was with them a twelvemonth constant.

What business did the husband follow? - He is a wheelwright.

How had they lived together, were they good friends, or did they live jangling? - They agreed very well.

They did not bear any ill will to one another that you observed? - I cannot say; the deceased said, if ever she got over it, as her child was dead, that she would get a warrant for this woman, and keep it by her, they did not bear any will to one another that I observed.

Mr. Garrow. Do you remember any conversation between these two women about the deceased having no bread for her children? - The prisoner's husband cut two slices of bread off for the deceased and some butter.

Did you hear any conversation with her after she had got the pork and things, about coals? - Yes; she borrowed seven farthings of the prisoner for coals after the quarrel.

Court. Was it known among you that the deceased was with child? - Yes.

ELIZABETH ROSE sworn.

I was not there at the time; but on the Sunday, the deceased came to my place, and told me she had been very ill used by the prisoner.

She complained in general that she had been ill used? - Yes.

Did you observe whether she was ill or not? - Yes, she was ill, she complained of a violent pain in her back.

Was you with her after that? - I saw her on the Monday, about five or six in the afternoon.

Was she then in bed, or up? - She then was in bed; when I went in, she said, she was very bad, I asked her what was the matter, she told me, she had been in a violent pain, and she believed it was through the ill usage that this woman had given her.

I do not ask the account of what the woman did to her, but I want to know her condition; when did you apprehend that she might be likely to be brought to bed? - On the Tuesday morning she sent for me in, and when I went in, she says to me, Oh, Betty, I am very bad, and I asked her a few private questions, and she told me, as I could understand, that she was going to be delivered, or at least to miscarry; I said, if please God, I will go and ask Mrs. Martin to come to you, she is your landlady, and is a midwife, and she came immediately half dressed and half undressed, and when she in, I said, Mrs. Martin, I believe every things is ready for you.

When was she delivered? - On that Tuesday morning.

How soon after Mrs. Martin came? - Why Sir, the deceased was delivered I may say before she came in; the child was born before the midwife came.

The child died soon I understand? - The child lived about three hours, and the woman died the Thursday following.

Did she apprehend herself to be in danger before she died? - She said, from the beginning to the last, that she thought she never could recover it; she said, if please God she went to bed, she thought never to get out of it, she said, I shall be worse to-morrow than I am now.

After she was brought to bed, did she tell you any particulars? - After she was brought to bed, and the child died, she said, Betty, if please God I die, I hope you will do your endeavour to see justice done me, and take up that wicked hussey for murdering me and my child.

Now at this time, did she tell you what it was in particular that the woman had done to her? - She had told me all before.

Did she repeat it at that time? - I cannot say she did, she said to me as thus, says she, Betty, I wish I had some relief; that was after the child lay dead on the table, I said, I will go to the parish officers and see if I cannot get you some; I went to the gentlemen, and got a note for the apothecary; the apothecary was not at home, I went again at two o'clock, and the apothecary said, he could not come till ten o'clock the next day.

Had you a note from the parish officer to the apothecary? - Yes, Sir, I delivered it into the apothecary's house; with that the gentlemen of the parish said, if we would stay till about five at night, they would see what was the reason he could not come, and they would make him; between five and six they came and saw her, and went out again, and said, provided he did not come, they would bring another within half an hour or an hour; and as they said, so they did, about six on the Wednesday afternoon.

JAMES BUCKLEY sworn.

I am a carpenter by trade; I happened to be in the room at the same time.

You are the person that they call the prisoner's husband? - Yes.

It seems you are not her husband? - No.

Nor the deceased's man was not her husband neither it seems? - No.

A scandalous state you all live in! relate what you know of this? - The prisoner went to see her brother on account of her son, to know if he knew any thing of the Rattlesnake being blow up, in which he was; I was very unwilling to let her go, but she prevailed upon me; when we went there first, she spoke to her brother; he said, no; the deceased said, I am glad to

hear he is blown up; the prisoner made answer, I think it is a very cruel thing to have a person blown up into the air, without having time to say, Lord have mercy upon me! They discoursed of this some time, and at last bad words arose; at last the deceased flew into a very great rage, and with a very bad word in her mouth, which was, d - n your eyes, you b - ch, I will murder you; upon which, she took up something to strike her with, which I think was a dish, or something of that sort; the prisoner wrenched it from her hand, and held her for some time; then she let her go; she took up a brick, and swore she would put her eyes out with the brick; upon which the prisoner laid hold of that, and took it away from her, and after that she held her hands, the deceased endeavouring to beat the prisoner; and the deceased offered to kick the prisoner; and there was a box lay pretty near to the bed's foot, which she tumbled over; I saw her, and I believe she fell against the bed-side, and hit herself; in a little time after, they went into the yard, we all did, to drink a couple of pots of beer, which I had sent for.

What, did you drink your beer in the yard? - It is a kind of a garden.

What, go out into the yard to drink in the night, in the middle of April? - Yes; we had the beer out, and could not drink it on this happening; when we had been in the yard a little while, some words arose again, and the deceased was going to throw something at the prisoner, and the prisoner took hold of her hands, and gave her a shake; we came into the house again; I did not imagine any thing happening, I called to them several times; says I, you will hurt one another, and then you will be sorry for it; I endeavoured for some time to separate them, which I could not obtain.

So you and Mr. Lewis, that lived with these two women, you stood by, and suffered them to pull themselves to pieces in this manner? - They often had words in this manner before, but they did not hurt one another, and then they went to drink after it.

Why, you all knew she was with child? - No, I did not; she was a woman that I did not altogether like, and I told the prisoner not to let her come into our room several times, for I did not like her, she had very bad expressions.

You were both of you two abominable brutes, to let these people tear one another to pieces in this manner? - The deceased cried out murder in the yard, and the prisoner said to her brother, Richard, go and give that woman good words, for she makes a shameful noise; in a very few minutes, we were all friends; I insisted upon the prisoner's coming home, and staying no longer. As we were coming to go home, the deceased said to the prisoner, Fanny, you have got a good loaf to carry home to your children, but I have not got a bit of bread for mine; the prisoner said, you shall have some, and she said to me, Jem, cut her some; I cut three slices, but she thought it was not enough, and she cut a fourth off it; I likewise gave her some butter; then we went to the Crown, and had another pot of beer, to depart in peace; then the deceased said to the prisoner, Fanny, you promised me a hat when your child died; and the prisoner said, that I did; if you will go with me, you shall have it now; and they both went home together; and there happened to lay a piece of pork, which I had bought for dinner, and she seemed to have some kind of inclination to this pork; upon which the prisoner lighted a fire, and broiled some, as I understood, and came and gave it her; I and the other man were at the Crown, drinking the beer.

How long did you stay at the Crown? - We might stay an hour and a half, or two hours; when we parted from the Crown, we went home alone, and these two women came back to the Crown to us.

Did any body come back with the two women? - They came by themselves; then we staid a little while, and each went

to her own home, all in friendship; I did hear the deceased s ay, I think it was at the Crown, that she had hurt herself by tumbling over that d - ned box; I do not remember hearing her say any thing of it in the house or in the yard; I think it was there; however, that was the expression, and all I heard her say of it.

So, you do not remember her complaining in the house, or in the yard, of being hurt? - No, I did not take notice, there was a noise; and I thought as the prisoner did not strike her, there could be no damage; all I minded was that the prisoner did not strike her; I saw the deceased again on Tuesday night; that was after she was brought to-bed.

RICHARD LEWIS sworn.

I am brother to the prisoner.

You are the man that cohabited with the deceased? - Yes; I saw them at high words; as to blows, I saw none.

What were the high words about? - About this lad that was at sea; it began about that.

Whose son was this lad at sea? - The prisoner's; I went out into the yard, to get out of the noise of it; and when I came back, there was peace.

How long did that last? - I cannot say; about a quarter of an hour, or rather more; there was another fray in the passage, but I did not see it; I do not know whether it was in the house or the yard.

The affray was in the yard, was not it? - As they tell me; I did not see the blow struck on the head.

Tell me the whole of what you saw? - I saw her when she fell atop of the box.

Where was that, in the house; begin, and tell me how it passed? - They began first with words, all about this boy, and about the Rattlesnake; then the deceased struck the prisoner, and through that, she either pushed her down, or she tumbled down, I cannot say which.

By whom was this done? - By Frances Lewis ; I do not believe she pushed her down, she tumbled down herself.

Was she hurt by that fall? - Yes; she complained of her back.

Where was Mr. Buckley at that time? - He might be in the room for what I know; she complained of her back.

What happened after that? - Nothing particular happened after that.

Recollect yourself of all that happened in the yard after that? - I was not sober.

And can't you recollect whether you went into the yard afterwards with them, or no? - I believe I was in the yard, but I cannot recollect; I was sometimes in the yard, and sometimes in the house.

And upon your oath, you cannot give me any account of what passed in the yard? - I cannot.

After the affray was over, they were all sociable? - They went out together.

Where did they go to? - I understood they went to Mr. Buckley's house.

Did not you go to the Crown? - Yes.

Why did not you tell me so? - I went to the Crown, and Mr. Buckley and they came to us.

What time did you get back from the Crown? - About seven, as near as I can guess.

Did you go to bed? - I did.

Did your wife? - No, she did not go to bed till the Sunday; I went to bed, and slept several hours.

What business are you? - A coach wheelwright.

How long was you in bed? - Not more than six hours.

When you got up, what condition did you find your woman in? - She complained of a pain in her back.

How was she on the Sunday night? - Very poorly.

Did she get up on the Tuesday? - Not at all; I never saw her up after she went to bed.

A fine life you are leading, to sit up all night, and drinking, and getting into these affrays, and living in this abominable state!

PHEBE MACCOLM sworn.

I am a midwife.

I hear you was good enough to go to this poor woman? - Yes.

What time was it you first saw her? - On Tuesday morning, between the hours of eight and nine.

Was she delivered before you came? - The business was wholly done.

What state did you find the woman in? - She was a stranger to me; the first she said to me, was, Oh, Mrs. Maccolm, Mrs. Maccolm, Mrs. Maccolm, I shall die! I did not imagine it was from any ill treatment, but from her labour coming on; I then was not acquainted she was delivered; Elizabeth Rowe says to me, your business is ready for you; ready for me! I said; and going towards the bed, I saw what she meant; bless me, says I, you are not at your time; the child was alive, but when I first saw it, I did not expect life in it; I took the child, and was intending to sit down, and dress it, with the child in my lap; I ordered Elizabeth Rose to get the deceased to bed; the place was very poor; with her going to lift her, she seemed to shake, as though she could not bear to be moved; I arose from my chair, and said, I will do it; I attempted to take her by her two shoulders, to assist her; she did not appear as if she could bear it; I then held her under the right arm, and she assisted herself, and got off the bed, and sat without any assistance in a chair; she expressed she had been ill used by Mrs. Buckley, a woman, she said, I knew; that is the prisoner; I did not at all recollect who she meant; she was as comfortable as I could make her; I put her to bed, and I left her; the child was alive; I saw her no more till the Wednesday evening; on the Wednesday evening I had been out of town; when I came home, I heard the officers of the parish had been at my house, and that the woman was exceedingly ill; I went before I sat down in the room; I then saw the deceased in a fever, and she was very ill, and then complained of a pain in her head; she expressed it was a mercy that this woman was there, for between them both they would wholly have murdered her, but who she meant, I cannot say; I looked upon it to be the husband and the prisoner.

How long did you stay with her at that time? - I did not stay many minutes.

Did you administer any medicines? - No, Sir; she had a gentleman, which is here.

Did she appear to you to be quite in possession of her senses, when she said this? - Yes, Sir; I did not perceive any thing else.

No mark of being delirious? - No, Sir; but she certainly had a fever.

Did she mention any other circumstances? - No more than a very great pain in her head.

BARTHOLOMEW BOWEN sworn.

I am a surgeon, No. 127, Whitecross-street.

Is not the person here that attended the woman? - I did. On the 12th of April, between six and seven, or thereabout, Mr. Briant, and the other overseer of the parish, came to my house, and desired me to go with them to see a poor distressed woman, because they said they had sent for the apothecary of the parish, and he would not come; I went with them, and found her in a dying state, with a putrid fever; I told them, this woman is a dead woman, and they desired me to send a trifle in; I sent in a balsamic, that was not taken, and the next day they told me she died, between seven and eight in the morning.

Was she at that time in her senses? - She was in her senses, but as low as could be to be alive.

Had you been informed she had been delivered lately? - Yes; they did not tell me she was ill treated.

I suppose, in the state she was in, you did not think it of any use to make any enquiry respecting that? - On Friday, Mr. Riley and me examined the body, and we found several bruises and contusions in different parts of the body, and particularly on the os sacrum, and between the two

shoulders, and the upper part and the lower part of the left arm; then, according to my own opinion, it was by violent passions, and by struggling, each of them, which brought on a premature delivery, which was the occasion of her death.

How the premature delivery was brought on, you cannot tell? - No.

Are those putrid fevers often the consequence, or do they accompany deliveries? - Always in such cases they cause mortifications.

I thought they were more likely to be inflammatory? - They turn to inflammatory, and then mortifications ensue.

Do you apprehend in this case a mortification did ensue? - Certainly.

SAMUEL RILEY sworn.

I inspected the body, and found several marks or contusions on different parts; the principal of which was on the os sacrum, one between the two shoulders, and on the left arm, the lower part of the upper arm, which extended just below the joint, and a few livid spots or contusions round each wrist, the occasion of the marks of violence; my opinion is, that if she had not been in the situation that I learned she was in, the bruises themselves were not sufficient to have caused her death.

Would bruises that have been received a few days before, acquire a worse appearance, in consequence of a putrid fever happening? - Certainly.

That bruise in the os sacrum, is that a likely thing to happen by a fall against the corner of a box? - Yes, or against the floor.

This species of fevers, is that the species of fever that ordinarily attends child-bearing? - Generally, it first arises from an inflammatory fever, which is what we call a puerperal fever.

Where the party is delivered on Tuesday, and is in a dying state on Thursday, is that the puerperal fever? - I took upon it, that this fever was brought on by passion.

I want to know, whether this kind of fever is a common circumstance that happens upon premature births the day before? - It is common for a fever to attend persons in this state.

Is it this sort of fever? - The same fever but not so violent.

An inflammatory fever that degenerates into a putrid fever, I should apprehend would require some time? - Not much, my Lord.

These puerperal fevers are brought on I suppose by a variety of causes? - Yes; either from pains of delivery or the state of discharges after delivery.

It is natural enough, when you are informed that there has been a great affray, and that there has been blows, to take that into your consideration, and to ascribe it to that.

(The prisoner gave in a paper to Mr Garrow, which he said, neither he nor any body else in Court could read.)

Prisoner to Sarah Robertson . Did not you take the dish out of her hand? - She did not meddle with her with it; I took it away from her.

She was in a passion with the prisoner? - Yes; it was a twopenny dish, I took it from her.

Why did you take it from her? - I dare say she would have done the prisoner some mischief, if I had not.

Was that before they began fighting at all? - It was in the affray.

Court. Is any body here belonging to the Crown? - No.

Where is the Crown? - In White-cross-street.

Court to Jury. Gentlemen, the prisoner stands indicted for the wilful murder of Ann Rose , and on the Coroner's inquisition, she stands charged not with the murder, but with manslaughter; the circumstances or the case, as well as we can collect them from witnesses, who either do not speak so correctly as one would wish them to do, or have their reasons for not stating accurately the whole that is past, are these. [Here the learned Judge summed up the evidence, and

then added.] This is the whole of the evidence; the prisoner could not in the nature of things, have any witnesses, unless it was the people whom I should have been glad to have seen that kept the Crown. Upon these circumstances you are to say, in the first place, whether this woman's death is at all imputable to any thing that was done by the prisoner, on the Saturday night, and if it was, what is the nature of the offence, of which she is guilty, in consequence of her having produced the death of this woman; with respect at all, to its being imputable to the prisoner; the deceased appears from all I can collect to the contrary to have been in health, before this affray happened; it is agreed on all hands, that there was a violent affray, that the deceased was in a great passion, in consequence of something that had passed; and that in the course of that, her hands were held, there was a struggle, a scuffle, and she fell down, or was thrown down, and was certainly hurt in a part that would have caused the consequences that followed; the contusion on the os sacrum; nothing was more likely to have produced a premature delivery; she complained of this contusion on the os sacrum: upon the whole of the evidence, though undoubtedly these fevers are no uncommon consequences of all kinds of births natural, as well as premature; yet, when you find the woman does not appear to be in ill health before a premature birth, brought on soon after this affray, I think you can hardly doubt much, but that that affray which happened on Saturday night, did contribute to bring on that premature birth, which was followed by this fever, of which the woman died. Whether any degree of crime, whether any share of the injury that was brought on this woman, is to be imputed to the prisoner may depend on this; whether on the whole of the evidence, upon which it appears, as well as we can judge, that the deceased was the aggrestor, by provoking this woman in the very tenderest point, in which a woman could be urged to passion, by throwing out, that it was a good thing that her son was blown up; that sort of inhumanity, that must awaken the feelings of a mother; whether after that it does appear to you that the prisoner did any thing more than restrain the deceased from doing her a mischief; and according to the representation of it by some of the witnesses, they would have you understand, that the prisoner did nothing more, than when the deceased flew into a violent passion, and caught up first a dish, then a brick, and attempted to strike the prisoner; that the prisoner did nothing more than lay hold on her hands, and endeavour to make her quiet; and if she had done no more than that, and it appeared in that scuffle, that the prisoner did no other than that, and the deceased fell down, and that that fall was not imputable to the prisoner, but by holding her hands prevented her doing her any mischief; I should be of opinion, no share of the mischief was occasioned by the prisoner; on the other hand, the prisoner though provoked to a considerable degree by this sort of language, if she entered further into the affray, and was herself active in attacking the deceased, and if she did, what one of the witnesses described to you, after she held her hands, shook her well, if shaking well means that she offered any violence to her; and particularly if she threw her down, in consequence of which her back was so much hurt; I think, considering her situation, who was then six months gone with child, considering the extreme probability that this might produce mischief, and bring on a premature birth, which was so likely to be followed by a fever, and death; I think then there will be some reason to impute to the prisoner some share of these consequences, and which we shall be obliged to enquire into, in the second part of the discussion which I propose to offer to your consideration; I propose first to enquire, whether any share of guilt was imputable to the prisoner, and second, what degree of guilt be imputable to her: If you should be of opinion, this fever was not brought on by any thing that was done to the deceased, or that the prisoner did nothing more than defend herself, then you will be disposed to acquit the prisoner entirely; but supposing that was not the case, then what is the nature of the crime she is guilty of; with respect to that, I think there cannot be two opinions; there certainly was no such precedent malice, or ill-will between the deceased and the prisoner, as to lead you to think that the prisoner did what she did with any serious and formed intention, to injure a woman in the circumstances in which she was; to be sure, if in deliberate malice, one woman was to attack another, who was known to be six months gone with child, and was to beat her, and abuse her for the purpose of forcing miscarriage, of which she should die, that would unquestionably be as much murder, as if she stabbed her to the heart; but if this affray was such an one, as plainly arose from a sudden quarrel, in consequence of the deceased being the aggressor, and the prisoner being provoked; if this woman used more force that she should have used, it is impossible to carry it any further than manslaughter, which is a homicide, though committed under circumstances which screen it from that crime of murder; if any blame is imputable to this woman, it is, that this misfortune has been brought on in consequence of some an act of violence on the person of the deceased; but still I think it can go no further that what the Coroner's inquest have made it, supposing they are right in attributing any crime to the deceased, namely the crime of manslaughter. But the points for your consideration are, whether this woman's death has been brought on by this affray, that happened on Saturday evening; and if it was, whether, in the course of this affray, any blame is imputable to the prisoner; in the event of this not being so brought on, or that the prisoner did nothing but hold her hands to prevent her doing mischief, then certainly you ought to acquit the prisoner: but if you think that the prisoner did use violence to this woman, and shook her, and threw her down with violence, by which she was hurt, in that case you will find her guilty of manslaughter.

GUILTY, of manslaughter, But not of the murder .

Guilty, on the Coroner's inquisition.

Burnt in the hand and discharged.

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

403. The said FRANCES LEWIS was again indicted for that she not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, on the 9th day of April, in and upon Ann Rose , then being pregnant with a male child, and also in and upon the said male child, did make an assault, and her the said Ann Rose and also the said male child, did strike, and beat, and throw the said Ann Rose on the ground, whereby the the said male child received divers mortal wounds and bruises in the womb of her the said Ann Rose , the said Ann Rose brought forth the said male child alive, which of the said bruises, did languish three hours, and on the same day did die; she was also charged, with the Coroner's inquisition with killing, and slaying this male child .

Court to Jury. Gentlemen, this is, you easily perceive, another method of bringing the case before you; I shall recommend to you in this case, to find a general verdict of not guilty; it is a great deal too much to charge, on the circumstance of the child being alive, the death of the child to the prisoner at the bar, in any shape at all; to be sure the child perished merely in consequence of a premature birth; therefore publick justice is satisfied with what you have done already, and it would be an improper verdict to find her guilty.

NOT GUILTY .

Not Guilty on the Coroner's inquisition.

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

Reference Number: t17860426-85

404. JOHN KIRBY and JAMES CARR were indicted for feloniously stealing, on the 9th of April , ten pounds weight of pork, value 4 s. twelve pounds weight of mutton, value 5 s. six pounds weight of beef, value 3 s. and four pounds weight of veal, value 1 s. the property of James Burleigh .

(Before this trial came on, the Prosecutor informed the Court, that one of the runners, whose name was Blacketer, had contrived to send home the prosecutor's apprentice, and told him that his master wanted him to go home for some beef-steakes, in order that he might be out of the way while the trial was on; he being a material witness, the Baron ordered the prosecutor to take an officer, and go in search of Blacketer, and fetch him into court.)

JAMES BURLEIGH sworn.

I am a butcher in Newport market ; on Sunday, the 9th of April, in the afternoon, I went into my shop to take out a book; I saw my meat hanging as usual; I went to my dwelling-house, which is over the way; all was safe at four that afternoon.

JOHN SADLER sworn.

I am the prosecutor's son-in-law. Our apprentice and I had been in the Strand; it was about eight when we left the Strand, and as we just came home together, says I to the apprentice, may be the door is not locked; he went to see, and he said, no; I got a candle, and went into the shop, and I saw two men lay down, one with his head in the sawdust-hole, and the other with his head over his back; then one of them jumped up, and knocked the candle out of my hand, and knocked me down, and run away, and our apprentice run after him.

JOHN BENNETT sworn.

The door was hasped, it was not open; and the prisoner Kirby came out of the shop, and knocked the lad down, and run out of the shop; I pursued, I never lost sight of him; I took him about twenty yards out of Cranbourn-alley, in Leicester Fields; I am sure he was not out of my sight from the time he came out of the shop.

JOHN CROUCH sworn.

I was going through Newport market about half after eight; I heard a noise in the prosecutor's shop, and presently the apprentice and the lad came up, and the lad said, let us see if the door is fast; he got a candle, and the instant he went into the shop, he hallooed out; and one of them knocked him down, and blew out the candle; he ran out, and I ran after him, and lost sight of him as he turned the corner in Litchfield-street, and I came in sight of him again; he was running; he was the same man that I was pursuing; I knew his face the instant he came out of the shop.

JAMES HAYLOCK sworn.

I am a runner; I heard the cry of stop thief! I run out, and saw two or three people running; I run out, and caught hold of the prisoner Carr; he was not in a run, he was in a kind of walking; just by the Cock door, one of the lads came up, and said he was the man; but I do not know, he was about fifty yards from the corner of the street.

Perhaps he is some friend of your's? - No; I never saw the man in my life before.

Crouch. I am sure he was running when the runner laid hold of him.

Haylock. I belong to Litchfield-street office; if he had run, I could not have caught him, for I have a bad leg.

Prosecutor. This man said, when the prisoner was taken, says he, blast my eyes! he run right into my arms.

Court. Do not let that man go, that Haylock.

Court to Prosecutor. When did you see the meat? - When I went into the shop, the meat was hanging on the hooks; when the child was alarmed, I immediately ran out; I saw the prisoner Carr in Market-street; I was in the market-house; I saw him about twenty yards from my shop; he was running, and the other after him.

Are you sure he is the man that was running? - I will not take upon oath to say that he was; I should have caught him, but there was a barrow, and I fell over it; I cannot say it was the prisoner; I do not think he had a great coat on at the time. When the prisoners were brought back in the shop, there was beef and veal, and mutton, in different pieces, in this bag, which was taken off a hook, and it lay in the same place where the boy told me he saw the prisoners lay; I came back along with Carr; I did not see him taken.

Had you turned the corner before he was taken? - I was not nigh him till after he was taken.

PRISONER KIRBY'S DEFENCE.

Coming from Knightsbridge, through Leicester Fields, I saw a parcel of boys crying stop thief! and they took hold of me.

WILLIAM BURNETT sworn.

I am a bedstead-maker; I have known Kirby these three years; he is a labourer, I have employed him; I never heard any thing of his dishonesty.

PETER SMITH sworn.

That gentleman worked for me; I have known him six years; about three months ago he white-washed my room; I do not know where he lives.

PRISONER CARR'S DEFENCE.

Coming along, there was a cry of stop thief! and they laid hold of me, and said I was the person that went out of the shop; I am in the green grocery way; in about an hour after this gentleman put me into confinement, my wife went to the prosecutor, and the prosecutor told my wife if I could raise twenty shillings, he would get me off.

JOHN M'GREGOR sworn.

I have known the prisoner Carr twelve or thirteen years; he deals in greens and fish; I never knew any thing to the contrary, but what he was an honest man.

MARY WRIGH sworn.

I have known Carr almost two years; I live at No. 15, Little Windmill street.

What character does he bear? - A very good one.

ELIZABETH NORTH sworn.

I live in Berwick-street; I have known him ever since he was born; I never knew any thing dishonest by him.

Court to Burleigh. When these people were taken before a Magistrate, did you make any offer to make it up? - They begged they might not be committed, but afterwards they were committed; I told one of their wives, if any thing was to be done for her, I would have no objection.

Did you propose to her, that if she could raise twenty shillings, you would throw every thing out of Court? - On the night he was apprehended, when this prisoner was taken to the watch-house, one gentleman in particular said he knew Carr, he called him by his name; he says, what have you been at? he said nothing; and I told him.

Court to Carr. Who was that gentleman? - I do not know.

Haylock. I wish to speak to your Lordship before the Jury deliver their verdict; I only wish to shew you, my Lord, whether I can run. (Shews his leg.)

JOHN KIRBY , JAMES CARR ,

GUILTY .

Each transported for seven years .

Court. Where is Blacketer? - I am here, my Lord.

Explain to the Court as well as you can? - Haylock says to me -

Haylock. I wish to have him sworn.

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

Reference Number: t17860426-85

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 26th of APRIL, 1786, and the following Days;

Being the FOURTH 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 IV. PART VIII.

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.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of John Kirby and James Carr .

JOHN BLACKETER sworn.

Sir, Haylock was in the public house, over at the Pitt's Head; he said, here is Burleigh's man over the way, playing at marbles; says he, I will go and send him for a beef-steak; says I, why do not you? I went up with him, and he told the boy to go for some beef-steaks; says the boy, it is very right, I forgot the bag; says I, then, you rogue, run as fast as you can, they have no dinner.

Court. I rather believe that circumstance is a mistake; but I am not satisfied about the other; and if the Court will take upon themselves to be at the expence of a prosecution for perjury against Haylock, I will commit him.

Haylock. I hope not.

Blacketer. I ordered a shoulder of mutton for my own dinner.

Court. Then, Haylock, unless you give very good bail, you will be committed for perjury; let him be taken into custody, and the expences of it will be borne by the city.

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

Reference Number: t17860426-86

405. JOSEPH EGAN was indicted for that he, well knowing that one Thomas Banks did duly serve our Lord the King on board the Stirling Castle , from the 4th of December till the 19th of October following, and that afterwards on the said 19th day of October, he departed this life, and was entitled to certain wages and pay, then due to him from our said Lord the King, on the 4th day of April last did procure one Thomas Peters to personate, and falsely assume, the name and character of the said Thomas Banks , in order to receive his wages and pay, against the statute .

Nothing appearing against the prisoner, he was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-87

406. MARIA GARDENER was indicted for feloniously stealing, on the 24th day of April , one callico gown, value 10 s. the property of Thomas Vazey .

JOSEPH REEVE sworn.

On the 24th of April, the prisoner came

to our house, and went into the parlour, and had six penny worth of brandy and water; immediately after, I missed the gown. I followed her, and found it in her possession.

(The gown deposed to.)

GUILTY .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-88

407. THOMAS TANNER was indicted for burglariously and feloniously breaking and entering the dwelling-house of Thomas Baker , about the hour of nine in the night, on the 23d day of March last, and burglariously stealing therein, two linen shirts, value 4 s. one pair of stockings, value 4 s. two pair of gloves, value 6 d. one table-cloth, value 4 s. one wicker basket, value 6 d. the property of the said James Baker .

NOT GUILTY .

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

Reference Number: t17860426-89

408. PETER GEACH was indicted for feloniously stealing, on the 26th day of April , four silver tea-spoons, value 8 s. the property of John Constable .

The prisoner was stopped pawning the spoons, and had been in the prosecutor's room a little before they were stolen.

GUILTY .

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

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

Reference Number: t17860426-90

409. ISABELLA DOWDELL was indicted for feloniously stealing, on the 25th day of March last, two quart pewter pots, value 2 s. the property of Nicholas Butt .

The prisoner came to beg a pail of water, and two pots were found in the pail.

GUILTY .

To be privately whipped , and confined three months in Newgate .

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

Reference Number: t17860426-91

410. WILLIAM NEWCOMB was indicted for feloniously stealing, on the 4th day of April last, one hempen sack, value 6 d. and three bushels of coals, value 6 s. the property of Richard Burrell .

John Carpenter and John Platt called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-92

411. THOMAS DELL was indicted for feloniously stealing, on the 8th day of April last, ten pounds weight of lead, value 20 d. two pounds weight of solder, value 1 s. the property of Jeremiah Percy .

JEREMIAH PERCY sworn.

On Sunday, the 9th of April, I took the prisoner with this lead, which was taken from my shop.

Do you know when it was lost? - No.

(The lead produced.)

WILLIAM CONWAY sworn.

I am one of the patrol belonging to the Fleet market; I saw the prisoner knock at one Simpson's, an old iron-shop; I spoke to him; he said, I have got some lead; let me go, and take the lead to your own use; I took him to the watch-house; I said to him, how came you by the lead; and he said, I was bewitched, but we learn one of another; I said, where did you get it; he said, from Mr. Percy, my master.

SAMUEL ROBERTS sworn.

I am constable; I took charge of the prisoner and the lead; he acknowledged he had taken it from different places where he worked for his master.

Court to Mr. Percy. Do you know this lead to be your's? - I believe it to be mine.

PRISONER's DEFENCE.

I was going home with a bundle of clothes, and I had a few pieces of lead, and the patrol took me to the watch-house.

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

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-93

412. EDWARD WILLIAM HACKING was indicted for feloniously stealing, on the 18th day of April , six shillings in monies numbered , the monies of William Williams .

The Court said, on hearing the evidence for the prosecution, that there was no pretence to call this a felonious taking.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-94

413. RICHARD MERCHANT was indicted for feloniously stealing, on the 18th day of March last, one pewter pint pot, value 6 d. and one quart pewter pot, value 1 s. the property of Nicholas Bulwinckle .

The pots were taken out of the prisoner's pockets.

GUILTY .

To be confined six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-95

414. WILLIAM PORCH was indicted for feloniously stealing, on the 6th day of March last, one gold laced hat, value 10 s. the property of William Currie , Esq.

John Neale , Mr. Currie's coachman, went to the play with the carriage, to fetch home his mistress, and the prisoner came up, and pushed him down, and he lost his hat, which was afterwards pawned by the prisoner.

GUILTY .

To be confined six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-96

415. BENJAMIN HARDY , otherwise HARTY , was indicted for feloniously stealing two brass pails, value 3 s. a copper cover, value 2 s. and a pair of pattens, value 10 d. the property of Reginald Williams .

The prosecutor's wife caught the prisoner in the kitchen, and missed some things; he went with her, and shewed her where he had put them; and she went with him, and he gave her the pans again.

GUILTY .

Recommended by the Jury.

To be privately whipped , and confined one month in Newgate .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-97

416. CHARLES YOUNG was indicted for feloniously stealing, on the 11th day of April , two quart pewter pots, value 1 s. and one pewter pint pot, value 3 d. the property of William Ramsay .

The pot was found at the prisoner's lodging.

GUILTY .

Privately whipped .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-98

417. WILLIAM KUTE was indicted for feloniously stealing, on the 17th day of March last, one cloth jacket, value 5 s. one waistcoat, value 1 s. and divers other things , the property of John Wilson .

The prosecutor put his chest and bed on board the Gravesend boat to go on board the ship Mellish, of which he was going out carpenter's mate , and the prisoner lent him a hand on shore with it; and the prisoner

agreed to carry it, and he gave him the slip; he sold the the things to different witnesses who appeared.

GUILTY .

To be whipped , and confined one year in Newgate .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-99

418. CHARLES MARTIN was indicted for feloniously stealing, on the 10th day of March last, two pieces of printed callico, containing twenty-one yards, value 30 s. the property of Edward Vints and Joseph Chapman .

The prisoner was seen by Mr. Vints taking the goods under his arm, and going out of the shop; he was pursued, and brought back, with the property upon him.

GUILTY .

He was recommended to mercy.

Privately whipped .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-100

419. JOHN FLETCHER was indicted for feloniously stealing, on the 17th day of March , five tanned calve skins, value 30 s. the property of Lawrence Vessier and John Osborne .

The prisoner was stopped by the patrol with the skins.

GUILTY .

To be whipped , and confined one year in Newgate .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-101

420. THOMAS SMITH and THOMAS PORTER , otherwise BELLAFIELD , were indicted for feloniously stealing, on the 22d day of April , one silver tobacco-box, value 18 s. ten dollars, value 40 s. one pistreen, value 10 d. two bedgowns, value 6 d. one ounce of silver, value 4 s. and one silver sauceboat-handle, value 4 s. the property of John King , in his dwelling-house .

The prisoners were stopped by the patrol as suspicious persons, at four on the morning of the robbery; they were searched at the watch-house, and the dollars and the pistreen, and the other things, were found on Porter. The prisoners were close together when they were taken.

THOMAS SMITH , alias BELLAFIELD,

GUILTY, 39 s.

To be transported for seven years .

THOMAS PORTER , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-102

421. JOHN SPENCER , THOMAS PEARCE , ELIZABETH LEE , and ANN DUTTON , were indicted for feloniously stealing, on the 8th of April last, one looking-glass, in a wooden frame, value 10 s. one clock, value 40 s. and four brass locks, value 2 s. the property of Robert Groom .

ROBERT GROOM sworn.

I live in Clerkenwell; I lost some things from an apartment that I had lived in prior to Christmas last; I was informed that some of my property was found; I went to Bow-street, and there I saw a clock, which was my property; it was last Thursday was three weeks; there was a mark on the looking-glass as I had marked.

MOSES MORANT sworn.

On Thursday morning, the 6th of April last, about eight, I received information of all the four prisoners being at No. 8, George-court, Field-lane; we took them all into custody; we found the clock, and looking-glass, and these things there; the men were standing behind the women at the fire-place; the prisoners said they did not live in the room, nor belong to it; that the room belonged to one Jack; the clock was upon the bed, and the looking-glass at the side of the room.

Court to Prosecutor. When did you miss the property? - About an hour before I heard of it; Townshend informed me of it; I saw the things the day before.

JOHN TOWNSHEND sworn.

I belong to Bow-street; I gave information that morning to Mr. Groom; I met Morant and Jealous, when I was going to have them apprehended.

Prisoner. Before the magistrate the prosecutor said, he saw the things on the Tuesday.

Prosecutor. I might have said so in the multiplicity of business.

Will you undertake to say with certainty now, whether it was the Tuesday or Wednesday? - Upon my word I will not.

How far is Field-lane from the place where these things were lost? - I should suppose not above half a mile.

Was your house broke open with any violence? - No.

How was it opened? - I cannot say, unless it was by a picklock key; I have not lived in it for six weeks.

It is uninhabited? - Yes.

JOHN SPENCER 'S DEFENCE.

I met this young man the prisoner Pearce; I knew him before; he took me in this room and these people came and took me.

PRISONER PEARCE'S DEFENCE.

I met the other prisoner, and asked him to step along with me to this room, and these people came and took me.

PRISONER LEE'S DEFENCE.

I went to see a young woman in the two pair of stairs room that was sick.

PRISONER DUTTON'S DEFENCE.

I went to see a young woman that was sick.

To Prosecutor. Did you lock the door or not? - I locked it when I left the house; but my son was there since I was there.

ALL FOUR GUILTY .

Each transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860426-103

422. JAMES FIELD and WILLIAM VALENTINE were indicted for feloniously stealing, on the 13th day of February last, thirteen penny weights of gold, value 2 l. 7 s. the property of James Morrison , Robert Lukin , and Charles Lukin .

A second count, For feloniously stealing, on the 2d day of February, one ounce three grains of gold, value 3 l. 16 s.

A third count, For feloniously stealing, on the 15th day of March, one ounce two penny weights and three grains of gold value 4 l. 1 s.

A fourth count, For feloniously stealing, on the 13th day of April, one ounce two penny weights and three grains of gold, value 3 l. 16 s. 6 d.

A fifth count, For feloniously stealing, on the 18th day of April, five penny weights of gold, value 20 s. their property.

ROBERT LUKIN sworn.

I am in partnership with Mr. James Morrison , and Charles Lukin ; I am a jeweller ; Valentine is our apprentice , Field works at so much a week; on Easter Monday, I suspected Valentine, judging I had lost property by the state of our gold book; on Easter Tuesday we called Field down into the counting house; I went up stairs first to send down his father-in-law who works at the shop, I remained there, that in case Field should have any thing about him he might have no opportunity to get rid of it; as soon as the father-in-law was made acquainted with it, my brother-in-law came and fetched me; I followed down stairs as soon as Field was ordered down; and observed him put his hand under his apron, and I then observed him draw his hand out shut; I said to my brother, as we crossed the yard, he has something in his hand which he seemed to wish to get rid of; as soon as he was in the counting house, my brother laid hold of his hand, and asked him what was in it; upon opening his hand, there was a paper in it, with gold chips, as we term them, or cuttings; as soon as he found he was detected with them, we asked him how he

came by them, his answer was, that Jack had given them to him.

Who was Jack? - When William Valentine came into our family, we had another boy of the same name, for which reason, he was called Jack, he has ever since gone by that name, though his name is William; he then upon being questioned further about the matter, said, that Valentine had put this paper in a secret place, with the gold in it, for him to carry away, that he had repeatedly done so, and that there was some of it concealed under the stairs in the kitchen, in Field's father-in-law's house; we desired then to go and search his father-in-law's lodgings; which we did, with another person; Field went with us; we found some of it under the stairs as he described it; he does not lodge there; we then went to the prisoner Field's lodgings, and there we found other pieces of paper full of the same kind of chips, which quantity is I suppose about the quantity or rather more than stated in the indictment; in the whole of the chips about five penny weights; he continued to tell the same story, that Valentine had secreted these papers for him to carry away; in consequence of which we took an officer and searched for Valentine, and we found him at his father's; we brought him home that night, it was then eleven or near upon it; we locked him up in a room in the house.

Did he understand that he was in custody of the constable? - I cannot say; the next morning they were both examined at the office in Litchfield-street.

Had you any conversation with him the morning before he went to Litchfield-street? - None at all; the next morning at the Justice's, Field told the same story he told us, and upon my asking Valentine, whether he had not at times put up the small pieces of gold in three pieces of paper, and put in a secret place for this man to carry away, he said, he had; he was then questioned as to the quantity that had been sold; he said, at one time he had received so much, and at another time so much; the magistrate desired they might be kept in custody, and that Mr. Cox might attend; the day following they were examined again, and repeated the same story, they said they were sold at Mr. Albion Cox's; we suspected he had no opportunity of getting rid of the gold out of the paper, and some of it was on the matt in particular at the counting house door, and that was the only part of the gold I saw.

(Produced and deposed to.)

Mr. Garrow. That stair case was the only staircase for all the work folks? - Yes.

Have not you told this boy that you would not proceed against him, or give him some hopes of mercy? - Yes, Sir, it amounted to that, he begged we would forgive him; I answered him, that the only hope he could have for any lenity, was that he would make an open and candid confession of all he knew.

In consequence he went with you, and did as you have stated, under the impression of that promise of your's? - Undoubtedly.

Did not you send a letter to Valentine's father when he was out on Easter Monday that you would not receive him again? - Yes; he did not absent himself that day from any consciousness of this subject; the father told me he had found him; there was no promise made him to induce him to confess.

How old is Valentine? - Nineteen, he said he was; Field is twenty three.

With respect to Valentine, did you make him any promises? - No.

Mr. Garrow. Was there any thing said either by you or your brother to Field, in the presence of Valentine, which could induce him to expect the same? - No, nothing.

THOMAS PARSONS sworn.

I am clerk to Mr. Cox and Mould, in Little Britain, refiners; I know Field; he lived with a jeweller; I have seen him a great many times at our house; he came there to sell gold.

(The account produced.)

Mr. Garrow. Did I hear you right,

that you knew this boy to live with a jeweller? - Yes.

Was this brought to you in the usual state in which jewellers sell commodities to you? - Oh, yes; in the same way; the jewellers and goldsmiths, they trust their boys with gold, to the amount of three or four hundred pounds.

Whose name was this sold in? - It was sold in the name of Appleman, who I understood to be this lad's father-in-law.

Did you believe this was a fair transaction? - Yes.

I believe you bought Sir Robert Ladbrooke's chain? - I did not.

PRISONER FIELD'S DEFENCE.

This is my own my master took.

PRISONER VALENTINE'S DEFENCE.

When my master came to my father, and found me there, he took me to the Globe, in the Strand; I went in, and there was one Mannell; Mr. Charles Lukin brought a blanket to cover me; at the same time they searched me; I knew not for what; and all the profession I made at the Justice's was, that James Field had said so and so, and if I did not say the same, I should be hanged; and therefore I said as he did.

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

The prisoner Valentine called seven witnesses, who gave him an exceeding good character.

BOTH GUILTY .

Each transported for seven years .

Both recommended by the Jury.

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

Reference Number: t17860426-104

423. BENJAMIN GODHARD was indicted for burglariously and feloniously breaking and entering the dwelling-house of William Laycock , between four and five, on the 30th of March last, Mary his wife, George Jones , George Young ; and Mary his wife, and George Sakiston being therein, and feloniously stealing therein two cotton gowns, value 30 s. two cotton coats, value 10 s. one crape gown, value 15 s. a ditto, value 10 s. an apron, value 4 s. a handkerchief, value 3 s. two silk handkerchiefs, value 7 s. four teaspoons, value 4 s. one cotton cradle quilt, value 1 s. one Marseilles petticoat, value 10 s. seven clouts, value 5 s. two skirts, value 12 d. two pair of worsted stockings, value 12 d. two flannel petticoats, value 6 d. two yards and a half of linen cloth, value 3 s. a black sattin cloak, value 10 s. seventeen caps, value 10 s. one ditto, value 12 d. three shirts, value 2 s. and one frock, value 3 s. his property .

(The witnesses examined apart.)

MARY LAYCOCK sworn.

I am wife of William Laycock ; on the 30th of March, I was at work in the three pair of stairs room, about half after four in the afternoon; about a quarter past four, my servant girl, (whose name is Sarah Collier ) sent up to me for some money for butter, and about half past four I heard a hue and cry of stop thief in the street, I immediately looked out of the window, and I saw a large bundle laying out in the middle of the street; but I did not then know they were my things; the prisoner passed my window, that was the first time I ever saw him to my knowledge, the person that took him, brought him to our house, and said, this is the house you have robbed; I ran down stairs and found the parlour door was broke open, I keep a shop, and there are lodgers in the house, very honest people; the drawers which were not locked, were thrown about the room.

Had you left your door locked when you went up stairs? - The girl locked the door, I ran into the street, as soon as I found my place was robbed, and I owned the things; an officer was sent for, and the prisoner was committed. I was not in the room when the prisoner was searched, the bundle is in the hand of the officer, and the prisoner owned to the handkerchief in

which the things were tied, and said it was his, and wanted to have it all dirty; another fellow made off with all the rest of my clothes, they did not leave me a gown to put on; I saw the officer take the bundle, and carry it to the justice's, his name is Bamford; the things that were in it were mine.

Who has had the care of the bundle since that time? - It has been in the care of the officer.

Mr. Garrow, prisoner's counsel. Is your servant girl here? - Yes.

What did your family consist of? - Two children, her and me.

Who were the persons at home at the time you lost these things? - One Mr. George Jones , George Sackiston , George Young , and Mary Young .

Nobody else at home? - Only me.

That you are sure of? - That I am sure of.

Your drawers were all thrown about, and the place was all in confusion? - Yes.

That must have taken some minutes? - Yes.

You are a married woman, Mrs. Laycock? - Yes.

What is your husband's christian name? - William.

Where does he live? - He is abroad.

When did he leave you? - He left me in June last.

Do you know a man of the name of Pickering? - I never knew him, I have since heard he was the man that took the rest of my things.

Was Pickering acquainted with you? - No, Sir, I never saw him with my eyes to my knowledge.

SARAH COLLIER sworn.

I am sure I locked the door of the room on the ground floor when I went out for the butter; when I came back, two of the screws were out, the street door was open.

Mr. Garrow. The street door is always upon the latch for the lodgers? - Yes.

Court. Did you leave the street door open, or upon the latch? - Upon the latch.

THOMAS MARTIN sworn.

On the 30th of March last, I was coming along Blossom-street, and I saw the prisoner and another come out of Mary Laycock 's house with a bundle under his arm, and the other had property in his blue apron; the prisoner came towards me, and I laid hold of him, and accused him of the robbery, he made no answer; he had a bundle on his left shoulder, he threw the bundle out of his hand, he clapped both his hands to my breast and broke from me; I never lost sight of him, and he was taken directly.

Prisoner. I asked him to go back with me to the house to lay hold of the man.

Martin. The other man turned down Magpie-alley to go to Shoreditch, and the prisoner came towards me.

What became of the bundle? - I saw the officer pick it up.

ROBERT GOODWIN sworn.

On Thursday the 30th of March, I heard a noise of stop thief; I came from the back part of the house, and I saw the prisoner running, and Mr. Martin following him, crying out, stop thief; I then went out from the door into the road, and Martin cried stop him, that is him; I immediately seized the prisoner till Martin came up.

Court to Martin. Was the man that this witness laid hold of the same man? - Yes.

HENRY BAMFORD sworn.

(Produces the bundle.)

I received these things from Mr. Martin; he had the prisoner in custody, and the bundle was near them, some person had it in their hand, I had it in the presence of Martin; this is the same bundle, it contains the same things; the prisoner begged I would be silent; I searched him directly, he had an apron on, and upon the back part of his apron I found this false key.

Prisoner. That was the key I had of my landlord, it is not a false key.

Bamford. He owned the handkerchief before the justice's being his own, and asked for it.

Prisoner. I lost my handkerchief in a scuffle; that is not my handkerchief.

(The things deposed to.)

Mrs. Laycock. This petticoat I swear to by a darn, and this apron I stained with some rabbit's blood, and my child's stay has three streaks of ink, and I believe all the rest of the things to be mine, by their general wear, and I had such things in my drawers.

Have you recovered all your things? - No; these are all I have seen since, here is a cotton petticoat, a cloth apron, a child's frock, seven clouts, and a number of little articles, and a quantity of new cloth, which I can swear to; they are all worth two guineas.

Mr. Garrow to Bamford. Do you know this Pickering? - Yes, I have seen him, I was present in about ten minutes, or a quarter of an hour. I believe the account this boy gave, was, that Pickering told him he was acquainted with Mrs. Laycock, and that he asked him to carry some things.

What is become of Pickering? - I do not know, I could not find him.

PRISONER's DEFENCE.

I was going to the Black Dog to have a pint of beer yesterday was a month, and one Pickering came in to ask for a porter; I asked him what for? he said to carry a bundle into Crispin-street, No. 13, up two pair of stairs: I said, can I do? he said, if you will go with me, you may do as well as another; I went with him to Blossom-street, and he bid me to go on till the man took me.

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

GUILTY 36 s. But not of breaking the house .

Transportation for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-105

424. MARY BENFIELD was indicted for feloniously putting off, on the 19th day of April , seven shillings and nineteen sixpences to Thomas King , against the statute .

The case opened by Mr. Silvester.

(The witnesses examined apart.)

RICHARD KING sworn.

Court. This man stands in the nature of an accomplice; the act says, shall take, receive, pay or put off.

Court to King. If you have taken any money from this woman, for less than its nominal value, you are guilty of a felony; therefore, you are not bound to answer any questions that are put to you that may criminate yourself? - I never had any but this.

Mr. Silvester. Do you know the prisoner? - Yes, for some time; I met her last Saturday, she asked me if I would go with her to pass off some bad money, which I refused to do; then she asked me if I would buy some, I then took two guineas-worth; I shewed them to a friend of mine, and he advised me to take them to Mr. Clarke. I bought some of her, and gave her ten shillings and sixpence for them, they are in this paper.

How much is there in that? - Seven shillings and nineteen sixpences. Mr. Clarke advised me to take half a guinea's-worth, when he would send somebody to take her in possession; I did so, and the woman was taken into custody, this is the same woman.

JOHN TOWNSEND sworn.

I took the prisoner on Sunday the 23d instant, we waited some time, and went to the Rose and Crown, just at the back of the Fountain, at Shoreditch; I met the prisoner, I did not know her, but I rather suspected she was the person we were going after, I stopped her, and we took her to the Fountain, and in the little back parlour I said we must search you; I saw she wanted to conceal something, I pulled this little bag out of her left hand, in which there was eight shillings and sixteen bad sixpences; I put my hand into her right hand pocket, and there I

found two bad shillings; I marked them, as being taken in a separate place, I kept them in a separate place ever since; I believed them all to be bad; but I am not a sufficient judge.

Court. Was Richard King with you when you apprehended this woman? - He was waiting at the public-house.

Did you ever see King and the prisoner together? - After she was taken, I went to the public-house and fetched him.

What did she say? - Nothing.

Did you tell her what she was taken up for? - No.

THOMAS TING sworn.

I went with Townsend, I searched the prisoner, and I took this box and these four sixpences from her pocket.

JOHN CLARKE sworn.

I do not know King, I never saw him till the morning before the apprehension, he gave me information, and I sent an officer to apprehend her.

Court. Look at these sixpences? - They are all bad.

Court. How do you know them? - By their thickness and heaviness, I have no doubt of their being bad.

Prisoner. I have no witnesses but myself; the prosecutor came to me, and said he must pawn his coat for 3 s. for he had been out of work seven months. He came to me the next day; and said, what do you say now? I said, I will say nothing of the matter; he said then, he must go some where else. I never saw him but once after, then I met him in the street, and he is a false man, I never saw his money in my life, he owes me three shillings now, which I lent him.

GUILTY .

Fined 1 s. and imprisoned twelve months in Newgate .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-106

425. THOMAS BASSETT was indicted for feloniously putting off to one John Bevan , on the 27th day of March last, 360 counterfeit halfpence for ten shillings and sixpence, against the statute .

JOHN BEVAN sworn.

I am a tallow-chandler , I live in Red-cross-street, I have known the prisoner about three years: On the 21st of March, I met the prisoner near the end of Aylesbury-street, Clerkenwell-green, he asked me if I did not buy a good deal of stuff, meaning kitchen stuff and dripping; I told him I had, but markets was down; he said he had a friend that had some halfpence, and put his hand in his pocket and pulled out two or three; he said they went undeniable at Wapping, and if I would buy any of him, he would sell me 30 s. for a guinea. I told him I was going to Wapping, and would enquire whether or no they went there, if they did, I would buy some: this I told him, in order that I might bring him to justice, I thought it a duty incumbent on me, if possible, to bring him to justice. I went once or twice to Clerkenwell-green to tell the affair the next day, on the 23d I went again, Justice Girdler was there, and a young gentleman his son; I related the story to them, and young Mr. Girdler directed me to the Solicitor of the Mint, Mr. Vernon, and he directed me to Mr. Clarke at Bow-street; I told Mr. Clarke the story, and the prisoner's name, and he knew him by the name of the Cheap Butcher; Mr. Clarke told me to buy half a guinea's-worth of halfpence; on the 27th I met the prisoner, I did not see him till then, I told him I would take half a guinea's-worth of halfpence, if he would bring them at four o'clock; he appointed the Robinhood in Holborn, as I was going there, I met the prisoner, and he told me he could not possibly come till five, I waited there, and the prisoner made it eight, when he came, there was another person waiting for him, he went out with the other man, and returned in two or three minutes; he then came to me, and said, how many do you want? I said half a guinea's-worth, he brought some halfpence from the other man, and laid them on the table, and received

silver for them; the prisoner then came and sat down by me; he gave me a paper that was done up square; this has been open since, which I gave him half a guinea for; there were three five-shilling papers of halfpence; there were three hundred and sixty in the whole, I counted them the next morning.

Did you know they were bad? - No, Sir, I do not know, of my own knowledge; Mr. Clarke has seen them; I carried them to Mr. Clarke direc tly, when I received the halfpence, he pulled out a shilling out of his pocket, and said he was queered; I likewise asked if he had any silver to sell; I met him again at the Robinhood, in Holborn; Ting and another attended there to apprehend him, but he was taken at the Magpye in Middle-row, with two separate half guinea's worth of half-pence, and some silver, which I was to buy.

Mr. Garrow, Prisoner's Counsel. So, you bought one lot at half a guinea? - Yes.

Who gave you the money to pay for them? - Mr. Clarke, of Bow-street.

He desired you to buy them, did he? - He did.

So you had the misfortune of having the trouble of going to the Rotation-office three or four times, and nobody was there? - No, Sir, I did not say three or four times; I said, twice; it happened to be out of office hours.

Mr. Clarke desired you to buy these half guinea's worth? - He did.

Did he tell you, you was committing a felony when you was doing it? - He did.

Did he tell you, you should be indemnified? - Yes; he said it was done, in order to bring a person to justice; he did not say that I should be indemnified; I did it for the good of the public at large.

That is to say, you committed a felony for the good of the public? - I did commit a felony.

You knew it at the time? - Most certainly.

You continued this negociation with this man, and dealt with him for some silver and more halfpence? - He was to bring more halfpence; I did not deal with him for more halfpence; he was to bring me more, by order of Mr. Clarke.

You did deal with him for more half-pence? - He brought me more halfpence.

Did you desire him to bring you more halfpence? - Yes.

Did you settle the price? - No; I was to have them the same as the others.

Did he agree to bring them for the same price? - Yes; some more halfpence, and silver.

Did you know, that after committing one act of felony yourself, you were to desire him to commit a new act of felony? - I asked him to bring them, that he might be taken with them upon him.

Did you know you was desiring him to commit a new act of felony? - I do not know that I thought any thing about it.

Did you know it? - Most certainly; I knew the first was a felony, therefore the second was.

You knew you were repeating an act of felony? - Yes, in order to bring him to justice.

You was desiring him to commit an act of felony, that you were repeating yourself? - I did not think any thing of it myself.

Having been told so, as to the first parcel, upon your oath, did not you know that you were desiring him to give you an opportunity of committing a new act of felony? - I can say no more than I have said already.

Did you know you was inducing him to commit a new act of felony? - I did not think about it.

Then, had you so totally got rid of all impression about it? - What I was doing, was to bring the man to justice; most certainly I must have known it.

Did you know, then, you were inviting him to give you a new opportunity? - To be sure I did.

You said, he was to be taken with some bad halfpence, or silver, about him? - Yes.

Who was that settled by? - By Mr. Clarke.

Do you keep a house? - No.

What sort of tallow chandler are you, have you a licence? - No; I work day-work; journey men are not obliged to have licences.

For whom have you worked lately? - Mr. Morris, on Holborn-hill; I lived with him, and with Mr. Bedford, in Short's Gardens; about half a year ago he left off business.

Who may you have been employed for since? - Now, I deal in kitchen-stuff; there is very little to do in the tallow-chandlery way now; I can buy candles much cheaper than I can make them.

Where do you keep your warehouse? - I have none; I carry them on my shoulders.

Then, that is your whole stock in trade? - Yes.

That is your only way of getting your living for six months? - Yes.

Court. What day of the week was it you purchased this money? - It was Tuesday the 21st I met him, and I purchased it on the 27th; I had the money from Mr. Clarke to purchase it; I bought it for the purpose of detection; then I desired him to bring some more; I was to purchase half a guinea's worth of silver, and the rest was taken upon him; the half guinea's worth of halfpence I saw taken from him.

THOMAS TING sworn.

Mr. Garrow. How long have you known Bevan? - I never saw him before.

JOHN SHALLARD sworn.

I was in company with Mr. Ting, and apprehended the prisoner in Middle-row, Holborn, at the Horseshoe and Maypye; I found a great quantity of halfpence.

How many? - I do not know; there are these papers full, and a great many more loose ones; I found these in his waistcoat-pocket, and these in his coat, on the 29th.

JOHN CLARKE sworn.

I had an information from Mr. Bevan, of some money being for sale; I desired him to go to buy some; Bevan told me that it was a man named Basset, whom I knew; I desired him to buy half a guinea's worth, and bring them to me; after he came there, I desired him to order more, and I sent the officer to apprehend him.

Look at these halfpence, did you desire him to purchase any more? - Yes, I did, another half guinea's worth, in order to get him into custody.

What more passed between you? - He told me, in the first instance, he had been with a Magistrate, and the Magistrate sent him to the Solicitor of the Mint, and the Solicitor of the Mint sent him to me; he brought half a guinea's worth to me, and I desired him to get another half guinea's worth of halfpence; I sent an officer, and he was apprehended.

Look at these halfpence? - These are bad; these in the bag were found upon him; they are all bad; here are six papers, five shillings in a paper; this is the usual way of doing them up; six of these papers, which is thirty shillings, they call a piece.

PRISONER's DEFENCE.

Mr. Bevan met me on Clerkenwell-green, and asked me if I would go into the tallow chandlery line; I asked him what benefit should arise from that; he said he did not mean to pay any duty; from that, I think, he has owed me a spight; I never bought any thing of him in my life.

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

GUILTY .

Fined 1 s. and imprisoned one year in Newgate .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860426-107

426. THOMAS PATRICK and MARGARET BUNN were indicted for feloniously assaulting Thomas Crossby , in the dwelling-house of Samuel Hornby , on the 25th day of February last, 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. one cotton handkerchief, value 2 s. and twelve halfpence, value 6 d. and one shilling, his money .

THOMAS CROSSBY sworn.

On the 23d of February I was here, on the trial of Le Gross; I staid in town all night; I live at Enfield; I went to see an acquaintance; they live in Darby-street, near Rosemary-lane; it might be half after eleven; in coming back, I lost my way; I met Margaret Bunn , the prisoner, and asked my way into Bishopsgate-street; she said she would shew me, if I would give her a shilling; I told her I would give her sixpence, and the other sixpence when she came to the place; she took me up to a house, under a pretence of getting a candle and lanthorn; I never was in London but twice before in my life.

Was you in liquor? - No; I was sober.

Did you take any particular notice of the house, so as to know it again? - Yes, particular notice of the door; when I got out, she took a bit of candle in her hand, under pretence to light it; and she asked me to stop; and she went just within the door, and then she told me I had better sleep with her; I told her I would do no such thing, and the sixpence was no object to me; so, if she did not chuse to go, and shew me the place, I should depart; she told me there was a door opposite to this door, and there was a bed there, and I might sleep with her; I told her I would not; then she took me by the collar, and I went to resist her; and at the door where the bed was, as she said, the prisoner Patrick came in at that door; he set his back against the street-door, to keep me from going out; she then demanded fifteen shillings of me to pay this man for coming into his house; I refused, and the prisoner Patrick said he would let me off for seven shillings and sixpence, and then he would let me out; and I refused to pay that; with that, she began to pull my hat off, and throw it down; then she turned my breeches pockets inside out; the man stood all this time close within the door, within six inches, or thereabouts; I might have six or seven shillings in my pocket, I cannot say, but I am sure there was four shillings and sixpence; I refused her taking it out, and she tore my breeches all to pieces, and my pocket out too; then, after the woman did that, she turned my waistcoat pockets out; then I had a great coat over this that I have on now, and they turned the pockets of the great coat out, and there were two handkerchiefs, one in each pocket; only one handkerchief was found; then the woman took a white cambrick handkerchief from my neck, and threw that down likewise where my hat lay; then the woman ordered me to stop, and I refused to stop; then, my Lord, she tied this cambrick handkerchief round my neck, in a noose, to throttle me, because I should not follow her out; then I began to halloo; then I heard the watch crying the hour; with that, the prisoner at the bar got from the door, and I caught my hat up, and got away.

When you began to cry out, were they both standing by you? - Yes; this man just as he was at first.

What did you cry? - I cried, murder? as loud as I could; then I heard the watch, and the prisoners got from the door, and let me get out; I made the best of my way, I came to the watch-house in this condition.

While the woman was taking the things out of your pocket, did the man say any thing to you? - Only repeated that I should pay seven shillings and sixpence before I went out; he never laid a hand upon me.

Had you ever been in that house before? - Never in that part before.

Had you ever seen that man and woman before? - No.

Did you owe this man any money? -

No; when I got out, I went to the watchman in that condition; he went with me, and shewed him the house; the watchman was coming along the street within a hundred yards of me; I was so frightened, I cannot say exactly; he asked me whether I knew the door; he saw I was sober; we went to the door and heard a woman and a man talking in the same house; and we went to the officer of the night, and tried to open the door, and the man from the inside said he would shoot through the door; the man and woman were not the people.

When you came back to this house, was the back door open or shut? - Open, we heard them clatter out as soon as ever we went to break the door open.

Where does that back door go to? - It went out into a brewers yard, where she wanted me to go and sleep; then we went back again, and I staid with the officer all night; then I was obliged to attend here on Le Gross's trial, and we went the next morning about nine, and we heard a talking again, and they were gone in an instant; the lad came and looked up, and before that we saw this prisoner peeping out of a house that was not furnished; we pursued and took him; that house where he was looking out of window looked into this yard; the street door of that house was bolted, and the window was pretty high, we were obliged to get in there; when we came to the top of the stairs to look for him, he was below and we took him; I am positive he was the man.

What time of the day was this when you took him? - Between eight and nine.

Did you find the woman? - No, I did not.

Is that the woman? - Yes; I am positive that is the woman; it was pretty dark when I first met her.

Where was the candle, when she was taking your things from you? - That I do not know; it was not light when they robbed me; I was robbed in the dark; there was a fire made of boards, and that flamed, you might see a pin; it was made of old paling, and bits of old tubs.

Did she never light a candle? - Yes; and I am now sure she is the woman.

Had there any familiarities passed between you and her? - No, my Lord.

Prisoner Bunn. Did not you give me one of these handkerchiefs, and eighteen pence? - No; only sixpence to shew me the way.

THOMAS TAYLOR sworn.

I am an officer; on the 23d of February, I had the charge of the prisoner Patrick; Crosby described the woman to me; the prisoner was in custody, she told me she had left one handkerchief at a chandler's shop just by; I took her there with me.

(The handkerchief produced and deposed to.)

JOSEPH MILLWOOD sworn.

This man, as I judge by his voice, answered he would not open the door; I said, then I will break it open; the man said, then the first that breaks open the door, he would shoot him; the officer drew back; I and another watchman pushed at the door, and one of our watchmen said, here they are; and they jumped over into the rope-walk, and escaped for that night; I did not see them that night; the next morning the prosecutor and me went to the same house again; and he said, they are in the house; I heard the voices of two persons, and they were talking as they did before; we went and got assistance; there was another door that prevented us from getting in, but I pushed the door, and I heard a rustle, and we went and looked all about, and at the window of a one pair of stairs, and at an adjoining house we saw the prisoner Patrick; we thought they got out of that door; the door was bolted at this house, we could not get in; I pushed up the window, and asked the prosecutor to come in after me; then I went up stairs, and he was not there; I looked through the window, and saw him running through the cooperage; we pursued him, and took him in Church-lane; that may be three or four hundred yards from the cooper's yard.

Who took him? - The young man, he never was out of our sight; he was runing, we did not search him.

JOSEPH RIDER sworn.

The prisoner Bunn brought me this handkerchief the day she was taken, between eight and nine in the morning; I keep a chandler's shop in Cable-street, she said, she would leave it for eight pennyworth of shop goods; she went away; I never saw her again till Mr. Taylor came with her.

PRISONER PATRICK'S DEFENCE.

I had no hand at all in it, I know nothing at all about it, I was not concerned in it.

How came you to threaten the officer when he came to open the door? - It was not me.

Can you satisfy the Jury, that you do not live in that house? - I never was in the house before.

Where do you live? - I was lately come home from sea; I was not paid off from the shop; I had no lodging; I came home in the Vigil, Captain Gildard , laying at Limehouse-stairs, the man of the house gave me leave to sleep there; I did not like to go on board so late; I slept up one pair of stairs, and saw the prosecutor bring this woman into the house, but nothing improper happened; no violence.

How got you out of the house, when they got in at the window? - I staid there till the bustle was over.

PRISONER BUNN'S DEFENCE.

I was coming along, and this young man asked me to drink something; we went to the Coach and Horses, and drank some brandy, he asked me to take him to a house to sleep, and I took him to this house, and this young man gave me a shilling, and a pocket handkerchief; and said, he would come and give me another shilling; the next day I was at my sister's, and my sister went out and fastened me in.

Court to Taylor. Whose house is this? - Samuel Hornby 's.

How do you know? - I know the man that keeps the house well.

THOMAS PATRICK , GUILTY Of stealing, but not violently .

Transported for seven years to Africa .

MARGARET BUNN , GUILTY Of stealing, but not violently .

Transported for seven years.

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

Reference Number: t17860426-108

428. JOHN DISNEY was indicted for feloniously forging, on the 1st day of May last, a certain acquittance and receipt for money; to wit, for the sum of 3 l. 9 s. 1 1/2 d. upon, and under a certain bill for goods, sold and delivered by one Thomas Rust , to one John Brown, purporting to be an acquittance of Thomas Rust , the younger, son of the first named Thomas Rust , for the sum of 3 l. 9 s. 1 1/2 d. being the amount of the said bill , which acquittance is in the words and figures following, that is to say,

"Received same time the contents of the above, Thomas Rust ," with intention to defraud the first named Thomas Rust .

A second count, For uttering the same, with the like intention.

A third and fourth counts, For uttering and publishing the same receipt, with intention to defraud John Brown .

(The case opened by Mr. Fielding.)

(The rest of the witnesses ordered to withdraw by Mr. Garrow, prisoner's counsel.)

JOHN BROWN sworn.

I live in Bell-yard.

Had you any dealings with Mr. Rust, the shoemaker? - Yes, for some years.

Do you know that young man at the bar? - Yes.

Where, and when did he apply to you for the payment of any money due to Mr. Rust? - At my house, in 1784, but I cannot be positive to the month; I look upon it to be some where in the spring of 1784; I went in the beginning of a week, and ordered one or two pair of shoes, I cannot tell which; and told him if he would bring them that week, I would pay the bill for the last year; it is likely I might leave the message with the prisoner, or some other person, I cannot say; he came punctually on the Saturday afternoon; the prisoner

was the person that came; but I did not then understand his name to be Disney; I conceived him to be Mr. Rust's son, from my own ideas only.

What passed at the time he came to your house? - I paid the bill.

Tell all that passed when he came to your house? - I cannot recollect any particular conversation, more than the delivery of one or two pair of shoes, and the payment of the money.

Did you pay him the money? - I did.

How much? - If you asked me that question, till I saw the bill the other day, I could not have told; I paid him the money; I cannot say to the three halfpence; he gave me a receipt; he wrote that receipt in my presence.

What name was there wrote to that receipt? - Thomas Rust .

To Rust. Wha t is that that you have in your hand? - It is a bill, and a forged name to it.

How did you come by it? - By Mrs. Brown, I had it from her.

You had it you say from Mrs Brown? - I had, and her husband I believe was present; Mr. Brown saw it; he said, he saw it; he said, he thought the prisoner was my son; it was delivered into my custody, and I have had it in my custody almost ever since; I believe I had it about January last.

Mr. Garrow, to Rust. You have had it almost ever since? - Yes, till that young gentleman had it from me.

How long? - Why, for about an hour or two.

You had that from Mrs. Brown? - I had it from both.

Brown. That is the paper that I received from the prisoner; it lay about, as a piece of paper, it was a chance it was not lost; there are some memorandums of my writing.

How came your wife by it? - My wife constantly attends in the business the same as me. (The paper read.) Mr. Brown to Thomas Rust debtor, 1783, March the 10th, to the amount of 3 l. 9 s. 1 1/2 d.

What is the date of the last article? - The 29th of November, 1783; received same time, the contents of the above, Thomas Rust .

Mr. Garrow. Any date to the receipt? - Mr. Shelton. The corner where the date should be put, is torn off.

To Brown. Did any more conversation pass between you? - I did not hear any.

Did you ask him any questions at all? - No, I did not, I looked upon him from my own idea as Mr. Rust's son, from his generally leading the business.

Did any conversation pass between you on that subject, whether he was or was not Mr. Rust's son? - No, not at that time.

Did any at any other time.

Mr. Garrow. I object to that; this was for a bill in the year 1783? - Yes.

And as you recollect paid by you in the year 1784; when for the first time did you hear any complaint of payment from Mr. Rust? - Never.

Have you dealt with him? - Yes.

Have you paid him the last bill? - No, there was a dispute about it, and Mr. Disney had that bill of me to set to rights.

When was that? - I think it was the beginning of this year.

Then since spring 1784 have you not paid Mr. Rust any money? - No, Sir; none at all.

He was pretty universally taken for Mr. Rust's son? - It is likely he might.

He used Mr. Rust's name? - I never heard him call himself so.

You have seen him sign himself so? - Yes.

He is generally called by the name of young Rust? - I cannot say, only by my own family; I did imagine that was his name; I have called him Rust.

Should you have called him so if other people had not? - I imagine not.

Do you know of any son that the old man had, of the name of Thomas Rust ? - No, Sir, I do not know.

Have you ever heard of any? - No.

As you did not know of any other who called himself Thomas Rust but this young

man, did this purport to be the receipt of any other young man whose name was Thomas Rust ? - No; I took it to be his receipt.

You never heard any complaint of this receipt? - I was never called on by Mr. Rust; Mr. Rust called upon me, not to pay the money, but to ask me if I had paid the bill; it was about the beginning of this year.

You never heard this young man while he conducted the business of Mr. Rust's, called by the name of Disney? - No, never, he afterwards informed me that his name was not Rust, but Disney.

When was that? - It was in conversation at Mr. Rust's shop, I should rather suppose it to be at the latter end of the year 1784.

At that time I believe the young man at the bar had left Mr. Rust? - No, Sir, not at the time he told me.

How soon after did he leave him, and enter into partnership with another person? - I cannot tell.

Is it two or three months since he left Mr. Rust? - I do not know, I think it was in the beginning of this year.

Then during the time he continued in this employment, he continued in the name of Rust? - I think it was before he left Mr. Rust that he told me his name.

Did you know, when he told you that, that he intended to leave Mr. Rust, upon your oath; what is your name, is it not Brownrigg? - Yes, Sir, and I am sorry for it.

I do not blame you, nay I will add to it that you was very honourably acquitted from that bar by that name, however that is your name, and you was very honourably acquitted by that name.

Court to witness. Have you in business been known, and passed by the name of Brown? - Yes, these ten years.

Mr. Fielding. That is the name that you have constantly given up and passed to the publick as your name? - Yes, and I am well received by my friends.

Mr. Garrow. Do you recollect any conversation between the prisoner and you at the time you paid it, about the date? - No, I do not.

Did not you desire the prisoner to antedate it in order to avoid the payment of the stamp duty, and that is the reason it is torn off? - No, Sir, I do not; there never was a stamp to it.

Have you ever had any conversation with old Rust about it? - No, Sir, never.

Mr. Fielding. Then you had no conversation with him about this? - No, Sir, never.

Then you do not recollect having any conversation at all about his name? - No.

Did not you know him by the name of Rust at any other time than when he signed this paper? - He told me in his shop that his name was Rust, I always considered him as a son.

Court. Did the prisoner at the time he gave you the receipt tell you any thing about what his name was, or that he was Thomas Rust the younger? - No, he did not at that time.

You are pretty sure he did not at that time? - I am very sure.

Court. If you had laid it to be in the name of Thomas Rust the elder, you cannot go a step further.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

429. The said JOHN DISNEY was again indicted for feloniously forging, on the 17th day of February last, a certain promissory note for the payment of money, with the name Thomas Rust thereto subscribed, purporting to be a promissory note for payment of the sum of 350 l. dated the 14th of February 1785, with lawful interest at twelve months to him the said John Disney , by the name and description of Mr. John Disney , or his order, for value received by him the said Thomas Rust ; and which said false, feigned, and counterfeit note is in the words and figures following, that is to say;

"London, 14th February,

" 1785, twelve months after date, I

"promise to pay to Mr. John Disney , or

"his order, 350 l. value received, Thomas

"Rust, No. 35, Butcher-row," with intention to defraud the said Thomas Rust .

A second count for uttering the same with the like intention.

WILLIAM HERNE sworn.

My Lord, on the 17th of February last, the day that this note appears to be due, between four and five in the afternoon, the prisoner in company with another young fellow, came into my office, he said it was due on that day, and he wanted me immediately to proceed against Mr. Rust, the person who was to pay it; I told him, it was only due that day, and that he must wait till the morrow before I took steps with it, that it would be sent for payment, if he chose it; the young fellow that was with him, said, you had had better leave it with Mr. Herne, and let him send one of his clerks with it.

Here Mr. Fielding, counsellor for the prosecution, just entered and opened the case as follows.

Gentlemen, I am to beg your pardon as well as my Lord's, for being rather later than my time; you have heard the indictment read, and you all very well know how extremely important to public justice it is, to be as active as possible in the suppression of the crime of forgery, and how necessary that punishment should follow on such convictions. This young man at the bar had for some time lived as an apprentice with the prosecutor, he had an opportunity of knowing his master's affairs; the master, who will appear before you probably, (though I know not that he may, from a circumstance that will perhaps impede his attendance) he is extremely infirm, and a very likely subject of imposition; this young man had an accident of a fortunate kind happened to him; after which, instead of the industrious apprentice, he became an extravagant young man, conceived some objection to the behaviour of his master, and had taken such a dislike as to threaten him with vengeance of a a particular kind, I shall not open that to you, if the witness tells the story, I make no doubt but it will have its proper, and only its proper impression upon you. This young man living in the character of a journeyman, carried a draft, supposed to be drawn by his master, a promissory note to him for 350 l. to Mr. Herne to procure payment; now to be sure upon the very outlines of the case, it must appear strongly impossible, that the master should be indebted to him in that sum; what could induce the master to give him such a promissory note, I cannot say; he carried to Mr. Herne, an attorney, this promissory note, purporting to be a note from Mr. Rust to him, promising to pay him 350 l. he gave Mr. Herne very singular directions upon it, desiring him to go on to recover the money; Mr. Herne being a gentleman of very considerable reputation, told him, there was no room for all that acceleration of the business, that he might wait; that he should first of all apprise him of the business; and when Mr. Herne came to Mr. Rust, telling him of the note, he was perfectly astonished, declared at that time, that he never had given such a note as this, but that it was a forgery; the young man came a second time to Mr. Herne, who told him he must go to Sir Sampson Wright's; but an acquaintance of the prisoner's thought it better to go to my learned friend here, Mr. Garrow, and to him they went. Gentlemen, the case is very particularly circumstanced, and it will require a very serious consideration from you; for as the law stands, this being Mr. Rust's note, purporting to be drawn by him, and bearing his signature, he is a man interested in the event of that suit, and cannot be a witness; then, how is it possible that he should establish the criminality of this young man, Mr. Rust cannot be a witness; you will then have to go another degree of proof, for whereever there is a criminality existing, it behoves the laws of the country to sift out

the criminality, and if one degree of testimony is cut off, you must resort to another; remembering, however, that unless the matter in issue should at the last convince an honest and intelligent jury of the guilt of the prisoner, the man will go acquitted. In most common transactions we are obliged to resort to probability, and it will be for you to put all these circumstances together, to weigh them well, and consider whether they furnish that result in your minds, as shall honestly and fairly convince you of the guilt of the prisoner; if there be any doubt, you will let him go acquitted. This being the case, and as I am free to confess, I shall be cut out of the advantage, and the public also of receiving the evidence of Mr. Rust; I must trust to the circumstances of this case: the first circumstance is the situation of this young man, in the employ of Mr. Rust, a journeyman, not having it in his power to advance money, not requiring any particular act of bounty, whether it be probable his master should give him this note, is for you to determine. I shall lay before you this sort of evidence from those people that have frequently seen Mr. Rust write, and are confident of his writing, that it is not his hand; I shall prove that this young man one day, a little before the execution of this instrument, had bought a couple of stamps, and was writing on one of them, and manifested confusion, on being discovered of what he was writing; but I wish not to catch your passions, nor to inflame them; I wish that the evidence may come seriously before you, that your minds may be as free from passion and prejudice as possible; if you should be of opinion that the probability of the circumstance furnishes a degree of testimony, which shall in your breasts, and as you think to all others, furnish the evidence of demonstration, it will be your duty under the consideration of what you owe to your country, to find the prisoner guilty.

Mr. Herne. He left the note with me at that time, but on my turning to the back of it, I saw it was not indorsed; I told him nobody could recover it; he did not seem to understand what indorsing was; I did not enquire that young man's name, I should not know him again; the young fellow said he was a shoemaker in St. Martin's-lane; I asked him who recommended him to me; he said, a Mr. Mell.

Court. He did not seem to be well acquainted with the nature of notes or bills? - He did not seem to know the nature of indorsements; but at the desire of the young fellow, he wrote his name very well on the back.

Did you hold any conversation with him at this presentment of the bill? - I was going out in a great hurry at that time, therefore nothing passed; he desired I would send one of my clerks; I went up to Islington, and it struck me it was a very extraordinary circumstance, a young fellow coming so soon after it was due, to arrest him; I went the same day into Butcher-row; I called upon an opposite neighbour, and went over to Mr. Rust, and presented it to Mr. Rust, and he refused payment.

Did, at any future time, any conversation pass between you and the prisoner? - The prisoner said he would come at eight that evening, but he did not; he called several times at my house, and I did not see him; he called on me one morning, in company with another young fellow, not the same that came before; that was after the warrant had been issued for his apprehension; I believe it was five or six days; he said, have you got me the money? I said, Mr. Disney, you have got me into a fine scrape, you must go with me to Sir Sampson's; why, says he, where is my note; what, will he not pay me my money? No, says I, he says it is a forgery; he said he would go directly; he appeared no more confused than I was; the person that was with him said, you had better not go to Sir Sampson's; do not let us go into the lion's mouth, says he, we will consult Mr. Garrow; and the prisoner afterwards said, why then, we will go to Mr. Garrow, and call on you, Mr. Herne, in the evening; and away they went, and I never saw him any more.

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

Reference Number: t17860426-108

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 26th of APRIL, 1786, and the following Days;

Being the FOURTH 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 IV. 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.

Continuation of the Trial of John Disney .

Mr. Garrow. I believe you never heard from any body, till Mr. Fielding told you, that he had been to Mr. Garrow? - No, Sir.

Did the gentlemen in your office know there was a warrant against the prisoner? - They did know it; and they told me, says they, he is to be here at four o'clock this afternoon, and I ordered the constable to attend.

Do you know whether any of your young gentlemen told him that there was a warrant against him? - I do not know.

Was he known to you? - I thought I knew him; he told me he lived at No. 9, or 11, in St. Martin's-lane, and was a shoemaker; I do not know that of my own knowledge, but I have no doubt about it.

He left the note, without any caution on the business, but to get the money as fast as you could? - Yes; he wanted to have him arrested that night; I have no concern whatever in this prosecution, I attend merely as being bound over; he wrote his name on the back of the note, John Disney .

What day was this? - The 17th of February; this is the same note, I have had it in my possession ever since.

(The note read.)

"London, 14th of February, 1785.

"Twelve months after date, I promise to

"pay to Mr. John Disney , or his order,

"350, value received, with lawful interest.

" 350 0 0

THOMAS RUST ."

Mr. Fielding. I now proceed to call some evidences to speak to the hand-writing, being precluded from calling Mr. Rust.

JOHN SMITH sworn.

Do you know Mr. Rust, a shoemaker, in Butcher-row? - Yes.

Have you seen him write? - I have, many different times.

Do you think you have seen him write so frequently, as to enable you to say, upon your oath, whether such a writing, bearing his name, is Mr. Rust's hand-writing? - I have many a time seen him write, and the prisoner at the bar. (Looks at the note.) I do not believe this is Mr. Rust's handwriting;

for he writes in a more full hand than this; I have seen the prisoner at the bar write, and he writes a more light hand than this.

Fix your eye upon the signature, Thomas Rust , and tell me if you think that is his hand-writing? - I do not think it is.

You have seen him write many times? - I have; I do not think it is his hand-writing.

Mr. Garrow. What are you, Mr. Smith? - A leather-factor.

Have you seen much of his hand-writing? - A good deal of it.

Have you at this time a promissory note of the prisoner's? - I have.

And from your knowledge, you do not think this is the prisoner's hand-writing? - I do not, really.

How long have you known the prisoner? - About fourteen years; he lived with Mr. Rust, he was his apprentice, and afterwards his managing man; I never saw Mr. Rust before yesterday; I never went to the Justice of Peace, nor the Grand Jury.

What time of night was it yesterday, when he applied to you? - I saw him in the early part of the day.

Was you here yesterday; when we had Mr. Brownrigg? - I was not in court.

Mr. Rust shewed you this, did not he? - I saw it at Mr. Herne's.

Mr. Rust told you it was a forgery? - Yes.

He told you it was a forgery, and wanted you to prove it? - I would have trusted the prisoner at the bar with any property.

I ask you, because I know you are an honest man, and have a good opinion of the prisoner, he told you that it was not his hand-writing, and that it was a forgery? - He did so.

And then Mr. Herne shewed it to you in the presence of Mr. Rust? - Yes.

What marks did he point out to you, by which you might know it was not his handwriting? - I am sure of it.

By which you might think about it? - I am not at a certainty about it.

What mark did Mr. Rust describe to you by which you knew it was not his handwriting? - I do not say that it is not his hand-writing; Mr. Rust asked me if I thought that was his R.

I knew it was the R he had fixed upon? - I do not swear neither one way or the other.

He told you at first it was a forgery, and that it was not his hand-writing; what stroke of the R was it that he pointed out directly? - I think just the same as I said before; Mr. Rust writes much larger.

What state of health was your neighbour Mr. Rust in about a twelvemonth ago? - I believe he was in the country, as near as I can recollect, about that time; I do not recollect his being very ill; he went into the country for his health.

Is not he a very infirm old gentleman? - I look upon him a very hearty man of his age.

Not an infirm man? - No.

What was that he told you at Mr. Herne's, about the blemishes at the top of the T? - There was not a word mentioned about the T; there never was any thing mentioned, but about the R.

What was the particular observation that he mentioned to you? - That it was too light for his hand-writing; I have known this young man for fourteen years, and if he was to come to my shop to-morrow, I would trust him with fifty pounds; he had the management of the business.

He was called his son? - I never heard that before yesterday.

Did you look to him as the young man that was likely to succeed to the business? - I did look upon him so.

How long was it since Mr. Rust's wife died? - I do not know.

Do you know that this young man had the fortunate accident to get something in the lottery? - I do not know that.

Have you had much dealings with Mr. Rust? - He always paid me ready money.

Does Mr. Rust deal in country-made shoes? - I believe he does.

We all know that the country shoemakers

very often bring up very good bargains to town? - Certainly they do.

I believe Mr. Rust was in the luck of buying a good many bargains? - Not to my knowledge; I have seen country made shoes in his shop.

JOHN PRING sworn.

Do you know the hand writing of Mr. Rust? - Not well enough to swear to it.

Have you seen him write? - I have often seen him write.

Can you say, when you see his name to any instrument to which Mr. Rust's name should be wrote, that it is hand writing? - I think it is not his hand writing, but I cannot swear it, nor do not pretend to swear it.

According to the best of your belief, is it, or is it not his hand writing? - It is not.

Court. You believe from your recollection of his hand writing that it is not his hand writing? - Yes.

Mr. Garrow. What are you? - I am a butcher in Clare-market.

Then you have had once a year, or once in every half year a receipt from Mr. Rust for shoes? - Once a month.

Is your knowledge of his writing, or is it not, formed from a comparison with those receipts? - I thought it was not his hand writing when I first saw it.

How did you first see this note? - I saw it at Guildhall; I went with Mr. Rust; Mr. Rust had told me of this forgery, and that it was not his hand writing; Mr. Rust never pointed out any thing particular of the letters; he put the note into my hand, and asked me to look at it, and to give my opinion of it.

Wherein does it differ? - I think the R. and the Thomas is not so like.

In what do they differ? - I think he writes a lighter hand, not so heavy a hand at the word Thomas in particular.

I take it for granted you can write? - A little.

I dare say it has happened with you to begin with a new pen, and at first it writes ill, you never taught writing? - No. I teach writing!

Court. Suppose this note now had been for five pounds instead of three hundred and fifty, and it had been brought to you to discount it, was it so unlike that you should have refused it? - I do not know that I should, but I should not think Mr. Rust ever had a note out; I should have thought it was not his hand writing, because I should have thought he had no note out.

That is quite a different thing, if you can separate in your own mind the impression under which you first saw this note, which was the impression of its being forged; now supposing you had seen it without that, if you had seen these words Thomas Rust , without having heard any thing of it before, should you have thought it was not Mr. Rust's hand writing? - I rather think I should.

Prisoner. Mr. Pring is a relation of Mr. Rust's.

Mr. Garrow. What relation are you to Mr. Rust? - I married his niece.

Has he any children of his own? - Not to my knowledge.

How long have you known the young man at the bar? - Ever since he came there, he has been with him all the time, from his first going there till lately; he was a great favourite, I always looked upon him so; a very good servant.

I believe it was pretty generally understood, that this young man would succeed to the business? - It was.

I believe he was so great a favourite, that it was understood if there was any fortune he would get that too; you hoped not, I know? - Mr. Rust told me he had left him sixty pounds; I never heard this young man called by the name of Rust; I visited there many times.

I believe this young man had the good or ill fortune to hit upon the expedient of making boots without a seam? - Yes, I believe he had.

Now you have heard this, that for that same boot of his without a seam, he should have a seam round his neck, that he would hang him if he had twenty lives? - I never

heard any expression from Mr. Rust of that sort; I heard him say if he had continued with him till Christmas, that he would have given him his business; but he would not stay any longer than Michaelmas.

You heard so from Mr. Rust? - Yes.

That was very ungrateful in Mr. Rust's opinion? - I do not know.

Has he never said it was a very shabby and scandalous thing? - Never.

He praised him for it may be? - Not to me, I had no conversation with Mr. Rust about it.

Yes, you had; was that all he said, did he not accompany it with any blessing or benedictions on the young man? - I heard nothing at all of it.

Prisoner. He has taken his son since apprentice.

Mr. Garrow. What age is your son? - Between fourteen and fifteen; he went apprentice just about the time of his leaving him; he was with me before.

What business did you intend to put him to? - No particular business; when this young man was gone, I applied to Mr. Rust to take my son.

Mr. Fielding. Did you know any thing of his intentions to this young man more than his suceeding to the business? - I heard him say he had left him sixty pounds in his will, and letting him succeed to the business.

ROBERT MARM sworn.

I know Mr. Thomas Rust .

Have you seen him write? - I have.

Have you seen him write frequently? - I lived with him eight years ago.

Have you a memory of his hand writing? - I cannot say I have so strong a memory of his hand.

Look at the name on that, do you believe that to be his hand writing or not? - I do not believe it to be Mr. Rust's hand writing.

Mr. Garrow. When did you see him write last? - Once, or twice in the course of the last half year I might have seen him write.

Have you seen him write at all during the last eight years? - I will not take upon myself to say that I have seen him write his name to any thing.

What are you? - A shoemaker; I live now in Mitre court.

You was before the Grand Jury Mr. Marm, when this bill was found against the defendant? - I know nothing of that.

When was you applied to about this? - It might be a week.

Will you swear it was not since last Sunday? - No, I believe it was before last Sunday; Mr. Rust called upon me, and asked me if I would attend in respect of a note that was drawn on him for three hundred and fifty pounds; that it was not his hand writing, and he would be very much obliged to me to attend; I saw it at the attorney's about Tuesday.

Was Mr. Rust there at that time? - He was there.

What was it in the capital R. that he pointed out to you that was not his hand writing? - It is rather not done strong enough.

It therefore appeared to you to be done twice, that the principal thing, he marked it out to you, you thought it very singular he should give a note for three hundred and fifty pounds? - Yes.

Mr. Fielding. What are the usual wages you give to journeymen? - Generally two shillings a pair, we do not pay any man by the week; Mr. Rust gave me twelve shillings; I have had sixteen shillings; I have had one guinea a week.

That is to the person who cuts out, I want to know the highest wages given to the foreman? - One guinea and a half per week.

Prisoner. This very man came to me the day before the session, says he, I would advise you to send to your friends to speak for your character, send to me.

EDWARD MASON sworn.

I know the prisoner; I have lived with Mr. Rust, and I left Mr. Rust when he did.

Did it happen that you lived with the prisoner any time after this? - Yes.

Where and when? - In St. Martin's-lane; he carried on business there; I lived with him as errand boy; this was in October; it was that day week I went to him after he left Mr. Rust.

Did he at any time in October send you to a stationer for any thing? - About a month before he left St. Martin's-lane, to the best of my knowledge, that day week that the warrants were out, he left St. Martin's-lane; about a month before he left St. Martin's-lane, he sent me to the stationer's in St. Martin's-court for a shilling stamp, and a two penny stamp, I took them in to him, and came out of the parlour again; about ten minutes or a quarter of an hour after that, I went to go into the parlour again; as I had just opened the door Mr. Disney put his hand upon the door and would not let me come in, and on one of these stamps he was writing, but I cannot say which; to the best of my knowledge, it was between seven and eight in the evening; then when he left St. Martin's-lane, I used to go backwards and forwards to him when he was at hide and seek; I went to him at Mr. Lord's in Gracechurch-street, and he said to me one morning, when I saw him at Mr. Lord's, says he, the lawyers have been here, and I only wish I could get a man to swear that he had seen Mr. Rust put his name to this note, then he said, you can swear that you saw Mr. Rust put his name to it.

Was it in answer to any thing that you said? - No, I said nothing.

What answer did you make? - I told him I did not like to do any such thing.

Did any thing more pass between you before you left him at that time? - No, Sir, not at that time.

When did you see him again after this? - I do not know that I saw him again after this at that house.

Well then at any other place? - About a fortnight after he sent a young man up to me.

In consequence of that message did you see him at any other place and where? - I went to an empty house, Clerkenwell-green, Alyesbury-street; that night he sent me for some bread and cheese; and then he said, the only way to do Mr. Rust over is to set his house on fire, and burn him in it; says he, I will tell you how it is to be done; there is a hole just where the scraper is at the shop door, and by putting some links in there it may be done; there was nothing more passed that night, we went to bed together; I was with him all day on Sunday; he was there unknown to any body.

What did he say on the Sunday? - I do not know, for we slept all the day away almost; I left him on the Monday morning, I went to him again towards dinner time to the same place, I fetched him two rolls and treacle.

Did any conversation pass between you aboutthe note? - He told me he would be d - d if the signing the note was his writing, meaning himself; I had told him if he was taken that the Judge and Jury would think within themselves that Mr. Rust being a man of property would never go to be indebted in such a sum to a servant; then I told him again, says I, the Judge will ask you how you came by this money; then he made answer to me, and said, what is that to them; then I left him.

Did you see him any more after this time of parting, before he was apprehended? - I saw him the next day, and he was talking about a young fellow he was very well acquainted with; I was saying what a fearful man he was, and he said, yes, he was very fearful; and I think to the best of my knowledge he was one of them that was concerned; I do not know any thing more that passed.

Did you see any more before he was taken up? - He went away from that house on the Saturday, and he went down to his sister's, and he told me to come on Sunday to his sister's, in Church-lane, Rosemary-lane, and he said, do you know a man that is very much like me, says he, I wish I could get a man to go and surrender

himself for me, and take a trial for me, and then, says he, after he has had his trial, he can say, he is not the man, and I will give him fifty guineas, or fifty pounds, I am not sure which he said; then I left him, and he said, there are two or three brothers of the name of Withers, and he said, that is the hair-dresser, that is very much like me, I wish you could go and see if you can find him, I am told, says he, he lives in Leather-lane, or somewhere thereabouts.

Did you know this young man when he lived at Mr. Rust's, before he left him? - Yes, I lived twice at Mr. Rust's.

What appearance had he of property? - No appearance at all of property but wages.

Court to Mr. Fielding. You forget your own opening, you stated that he had property, and became very extravagant.

Mr. Garrow. You was in Tothill-fields Bridewell, what was the name of that woman you robbed? - I do not know her name, she accused me wrongfully.

How long is that ago? - Fifteen months ago.

Therefore you would have us believe that since that robbery you have been an honest lad? - No, Sir, nobody has found me out.

How long did you lay in gaol on that occasion? - Till sessions, and when sessions came I was turned out.

When was it that Mr. Rust said, that you was a loitering, lurking, half hanged rascal, and should never come into his house, you was his apprentice? - No, I went of errands.

So this Mr. Disney, who is supposed to consult some counsel, consulted you as his counsel? - There was no counsel nor attorney.

So you stood in place of counsel, and attorney, and judge? - No, I do not put myself upon a footing with that.

Mr. Lord was present at this conversation? - Mr. Lord never knew to my knowledge what Mr. Disney and I was talking about.

You never had any conversation with Mr. Lord upon the subject? - No, nothing in particular as I recollect.

Cannot you recollect whether you had any conversation at all with Mr. Lord upon the subject of this business? - I will tell you the conversation in a minute.

Give an answer? - He was used to ask me if I saw Mr. Rust, or the like of that.

What might you answer? - I told him, whether I had seen him or not.

Had you any conversation with Mr. Lord about that? - Mr. Lord was talking to me once about the note, and he said, did you ever know Mr. Disney lend Mr. Rust any money, and I told him, yes, two and three guineas at a time; but to my knowledge always paid him again very soon.

Now that was exactly what you said? - Yes, to the best of my knowledge.

I shall brush up your memory before I have done with you; was not there a little conversation about Mr. Rust's signing a note in the shop ha! look at this gentleman and give your answer? - Yes, I believe I have.

Now let us hear what that conversation was? - Upon my word I cannot recollect to my knowledge what it was.

Why could not you recollect when you said yourself, as well as the story of the links and the scraper? - I am very dull of apprehension.

Upon your oath, did you never tell Mr. Lord that you saw Rust sign a note in the shop, to the prisoner Disney? - I might say so, or I might not.

You may or you may not be hanged, but I ask you what you did say; I apprize you that Mr. Lord is here, and I shall call him?

Court. Did you say so, or did you not? - Yes, my Lord, I did.

Now as you had some talk about Mr. Rust's signing a note to the prisoner, upon your oath did you say what that note was given for? - It might be two hundred, it might be three hundred, I cannot possibly say.

Upon your oath, did not you tell him

it was three hundred and fifty? - Upon my word I do not know.

Upon your oath, did you, or did you not say so? - I do not know to my knowledge, whether I did, or did not.

Upon your oath, did not you say at the time that it was for three hundred and fifty pounds? - No, Sir, I cannot swear that I did not, nor I cannot swear that I did.

What sum did you name? - I do not know that I mentioned any sum in particular, I might say two or three hundred.

Do you mean to swear, that to the best of your knowledge and recollection you did not name any sum? - I do not know.

Did not you say, that you heard Rust say, it was for 350 l. do you believe you did say so? - I might say so; but upon my word I can't say.

Did you say so, or did you not? - I cannot say whether I did, or did not, upon my word.

Upon your oath, Sir, did you, or did you not tell him that you heard it was 350 l.? - Upon my word, I cannot particularly say, whether I did or did not.

Come, try once more, you know what you said yourself, as well as what the prisoner said; did you tell Mr. Lord, that you heard Rust say that it was for 350 l. did you say so? - I do not know upon my word.

Did you you tell Mr. Lord when the note was signed? - I told him it was signed in February; but for what sum I cannot tell.

February, in what year? - It was either in 1783, or 1784.

When did you go the second time to Mr. Rust? - In January, 1785.

Upon your oath, did not you tell Mr. Lord, that you knew this note was signed in February 1785; because it was a fortnight after you came back to Mr. Rust's? - I do not know upon my word; but had I known what would have happened since, I should have remembered.

Did you, or did you not say that? - Yes, I did.

Mr. Fielding. It is of no use to go further; I think it is impossible that such a young villainous testimony can have any weight.

Mr. Garrow. I will go on with it.

Did not you tell him over and over again, that you knew the time when you saw the note signed; because it was a fortnight after you went to Mr. Rust's the second time? - Yes, I did.

Did not you offer to make an affidavit of it before any magistrate? - Yes, my Lord, I did.

With whom did you live these last three or four weeks? - These three or four weeks past.

Mr. Garrow. Aye? - I work for Mr. Rust.

Have you lived with his family? have you eat at his table? - Yes.

Have you slept in his house? - Yes.

How much money have you received from him? - I never received but one guinea of him, and then he paid me for what work I had done.

Upon your oath, for what did you receive that one guinea; come, I know it, and I shall state it if you do not, and I will make you state it too; what did you receive that one guinea for? - Because Mr. Disney was taken.

At the time you have stated that you saw Mr. Disney; did, or did not Mr. Rust know that you was going to see him? - I do not know that he did know it.

You mean to state that answer? - I do.

Where was he taken? - He was taken in a court in Church-lane, Rosemary-lane, at his sister's.

Who shewed the officer where to find him? - I shewed the officer.

Upon your oath, did not you go to him by the desire of Mr. Rust? - I told Mr. Rust so far as this, that I knew where he was.

Upon your oath, did not you tell him that you was with him frequently? - Since he has been taken, I did.

How often have you held conversation with Mr. Rust about him? - I cannot say I ever did.

Did not Mr. Rust ask you every night whether you had seen Disney? - I did not see Mr. Rust every night, I never was in Mr. Rust's house to board and lodge before Disney was taken, I went backwards and forwards there for work.

Upon your oath, did not you at all these times converse with Rust about Disney? - In fact, I never did go backwards and forwards to Mr. Rust's till Disney was taken, to the best of my knowledge.

With whom did you make the bargain, that you should receive the guinea from Mr. Rust? - I did not make any bargain with him.

How long before Disney was taken, did Rust promise you the guinea? - It might be a week or ten days before he was taken.

Now, in that time, how often have you seen him? - I might have seen him three or four times.

Was it not ten or a dozen times? - It might be ten or a dozen times.

When was it you told Mr. Rust about the links? - Not till Disney was apprehended.

Speak out, till some judgment strikes you dumb, you have kept it snug, perhaps you intended to do it yourself, you thought it would be a snug thing? - No.

Was Mr. Lord present, when Disney told you he wished somebody to prove Mr. Rust's signing? - He never shewed it me.

Did not he at that time shew you the note, in this way, holding the paper; here is the note of the old rogue's writing, if I could get some person to prove his hand writing; why, you could prove it? - He did not shew me the paper.

When did you tell the prisoner, you should not like to go before the court? - I cannot say, whether it was before or after; I was not a witness to Mr. Brownrig's prosecution.

How much money has Rust promised you, in case Mr. Disney should be hanged? - He promised me no money, he only promised me work.

Have you dined at his house? - Yes.

Court. From the time Disney left St. Martin's lane, who did you work with? - I did not work for Mr. Rust then.

Who did you work with? - I did not work with any body then, I was expecting to get a place.

Who did you apply to for work? - I spoke to several people, to people that I knew.

What people; name any one, except Mr. Rust, that you applied to for work, and that person shall be sent to? - I used to go backwards and forwards to Mr. Lord's, after Disney left Saint Martin's-lane, Mr. Disney told me he should speak to Mr. Lord about a place for me.

When did he tell you that? - After he left Saint Martin's-lane.

How long after? - It might be a week after, I did not get any work from Mr. Rust till Disney was taken, I do not know to my knowledge.

Now, that you may not be caught, I will read you what you have said already; you have said, Mr. Rust has paid you a guinea, besides paying you for your work, and that was a week or ten days before the prisoner was taken. Now do you mean to say, that you had done no work for Mr. Rust then? - Yes, Sir, I had worked for him then a little.

Before that time, before he promised you a guinea, how long was it after he left Saint Martin's-lane before he was taken? - It might be six weeks, or two months, I cannot say.

Now, how long of that time had you worked at Mr. Rust's? - I might have worked for him two or three days, or a week.

You had better speak the truth? - I said, he promised me a guinea when Disney was taken, I could not say that.

You have said it, and you may contradict it now? - It was about ten days; because I remember meeting Mr. Rust.

Court. You may go down, but not out of court.

JOHN MOORE sworn.

I know Thomas Rust , I live with him now, I know the prisoner.

Do you remember his calling at Mr. Rust's house on the evening of the 17th of February last, tell my Lord and the Jury what he said? - He called between six and seven in the evening, and asked if Mr. Rust was at home, I said he was gone to the vestry; he stopped some little time in the shop, and on his going away, he desired me to tell Mr. Rust, he had sent a gentleman to him that evening for some money he had lent him a twelvemonth ago, he opened the door, and upon opening the door, he desired I would tell Mr. Rust; he went out, and returned in about a minute, and asked if there was any letter left for him? I told him no, none to my knowledge; he then mentioned it again, that I should tell Mr. Rust, and I made answer and said, I suppose Mr. Rust knows what money you mean, and John Disney replied yes, he knows, it is only 350 l. Disney said nothing more, as soon as my master came in, I told him; I did not live there at the time that Disney did.

Court to Mr. Akerman. How long has Mr. Disney been in custody? - Since the 31st of March.

Court. Do you know that lad Mason? - No, my Lord, I never knew him before.

How long have you worked with Rust? - Almost seven months.

Do you continue to work with him? - Yes.

How long has Mason worked for him this last time? - About a fortnight or three weeks, he did not work long for him before Disney was taken up, from that time he lived in the family, he has been in the house this fortnight past, or thereabouts; I sleep in the house, I do not board there.

This lad does? - To the best of my knowledge he does.

Mr. Garrow. I have a great many witnesses to prove the fact, that this is Mr. Thomas Rust's and writing.

Court. Thus far I may venture to say, without even prejudicing the jury, or either of the parties, it is a very obscure case; now, if you can make it a little more clear upon which side it is so, you will do a deal of good.

Mr. Fielding. I certainly agree with your lordship, that it is a very wicked piece of business, either on one side or the other.

Court. Late as it is in the session, I shall not grudge my time to sit as many hours as are necessary, to sift this matter to the bottom.

WALTER LORD sworn.

I live at No. 38, Gracechurch-street, I am master of an academy, I have been acquainted with Mr. Disney four or five years; I knew him, while he was in Mr. Rust's service.

You have had an intimate acquaintance with him? - I was introduced to him four or five years ago, I made an intimate acquaintance with him, I always believed him to be exceedingly honest, sober, diligent and prudent. I have been with him in company several times, when there have been friends met together, he never was persuaded to drink above two glasses of wine; about a month, or some time before he left Mr. Rust, he applied to me for a little money I owned him, and to lend him some more, in consequence of which I did at that time, I did not take security for some time afterwards.

He came to your house about some hesitation in paying a note of Mr. Rust's? - Yes.

Did you ever see Mason? - Frequently, after Disney at my house; two, three, or four days; not less than two, or more than four; as I knew Mason had lived with Rust, I thought he might know something about the affair, I called him up into a room, where there was nobody but him and me; I questioned him if he knew any thing about it, he said yes, I do; I replied, what? he said, I know that in February, 1785, Mr. Disney called Mr. Rust into the shop, says he, will you sign this note, (Mason told me that

Disney said so to Mr. Rust) Mr. Rust seemed rather angry, but went to the board, what they called the cutting-board I understood, and signed it. I asked Mason if he knew what the sum was, or how much the note was; he told me he had heard Mr. Rust mention the words 350 l.; I asked him how he knew it was in February, as it was so long since; he told me it was a fortnight or three weeks, or such a time after he came to Mr. Rust's service; the last time, I said, are you sure of that? because if you are sure of it, I will be Disney's friend; he replied, he was sure, and that he would take his oath of it; I told him not to deceive me, for if he was not right, I should be very sorry to be engaged in it; he insisted upon it, that it was; I said, you may deceive me perhaps; but if you are taken before the Magistrate, or before a Court, you will be so cross-examined, that you cannot deceive them; says he, I will take my affidavit of it before any Magistrate, or before any Court in England; I questioned him two or three times on the following days on the same subject, he still persevered in the same words, or very near them, that he would take his affidavit before any Magistrate, or any Court.

After Mr. Disney left your house, you still saw Mason? - I still saw Mason, and he told me he did not know where Disney was, several times he told me he could get no place, in consequence of having nobody to give him a character, for that Mr. Rust would not, for Mr. Rust had told him in Disney's shop a few days before, that he would be hanged, and that he deserved to be hanged; that was not long after the affair was first known, not long after the warrants were issued, it might be a week since Mr. Disney was apprehended, and before he was apprehended after the warrants were issued, Mr. Rust was at my house many times, and I at his house, and many times he told me that Mason was a villain, a d - n'd rogue, that he would be hanged; he called him by the name of Ned, the usual name he went by; he said, he deserved to be hanged long ago, that he would come to the gallows; this he repeated many times, and I repeated many times: Mr. Rust and I were talking at my house about the affair after Disney was apprehended, I believe it will be a fortnight tomorrow Mr. Rust called on me, and we were talking about Disney; Mr. Rust said, Disney has robbed me of what he cannot give me, for he has told of my cheating the king of his taxes: Rust was collector of the king's taxes, I understood so, that he would not have prosecuted him, if he had not told about that, if he had robbed him of five hundred pounds: Rust told me before Mr. Greenwood and some others, that when Ned (meaning Mason) came back from discovering where Disney was, Mason did offer to come into Mr. Rust's house, that he told him to go away and be hanged like a d - n'd rascal as he was, for he would come to the gallows.

Court. I cannot ask you any thing that the prisoner Disney said to you, consistent with the rules of evidence, but I will ask you this; did you by any means know where Disney was before he was taken? - I did not for some time; but I did know where he was before he was taken.

Mr. Fielding. You keep an academy? - Yes.

Of what sort, pray Sir, how many scholars have you? - Near 130, which I raised in three years from four; I have some ushers. I have known Disney four or five years.

Did you know him when he served as a journeyman shoemaker to the prosecutor? - I did.

Was he an intimate of your's at the time? - He was.

In what line of intimacy at that time? - I was introduced to him at a ball, at a dance I was at with a friend of mine; in consequence of this I saw him several times.

Did he dress in the style at that time in which he is now, at that time when he was a journeyman shoemaker? - He did,

and he was introduced to me at a ball; at first, I did not know his business; but I understood afterwards he was a relation of Mr. Rust's; I imagine he might be dressed as he is now; I was first told he was a shoemaker; I thought he was in business for himself; I understood he was a relation of Mr. Rust's.

Did your curiosity lead you to enquire what degree of relationship he stood in to Mr. Rust? - No, I did not; I asked him, he told me Mr. Rust was not a gentleman; he continued to dress in the same way; but when I saw him at Mr. Rust's house, I have seen him very dirty.

When did he make his application to you to borrow some money? - I believe it was in August; I believe it was fifty pounds that he had lent to me; I always understood that he was a man of property, and that he had several hundred pounds of his own; I did not conceive him to be a common journeyman shoe-maker.

Did not you know when the business of the note was first put in agitation? - I did not; I know, when he brought the note to me after Christmas, he was to have paid me back some money I had lent him; in consequence of which, I thought he used me ill, and was rather displeated; I had written a letter to him; I had called at his house, but did not see him; after a few days, I cannot say how long, he called at my house, and there was a young man with him; he says to me, I cannot pay you the money; I am very sorry for it; but here is a deposit, I will put this into your hands as a security; the note was, I believe, for three hundred and fifty pounds.

Then, at that time, he was not able to make good his payment to you, and you had requested payment? - It might be about the beginning of February, I told him the note was a great deal above my demand, which then, I believe, was sixty, or between sixty and seventy pounds; I said, I did not want security, that I wanted the money, as I was to pay some; and I should be glad of a part of the money; I lent him money after the first time; I made him up the sum of fifty pounds; I lent him at one time, I believe, twenty-five pounds; I have his note of hand, payable so many days after date; I did not negotiate it; I afterwards had another note for another twenty pounds.

Did he give you a note for twenty pounds? - I had a note for twenty pounds.

At what time was it that this note for three hundred and fifty pounds became due? - In February; this was in February, he and the other person that was with him, which I understood to be White, took up this note; and he told me when this note became due, this note of three hundred and fifty pounds; Mr. Disney then came to me, I believe it was the 17th of February; he said the note was not paid; he said that the note was not paid, that I am sure he said; that in consequence, he had deposited it in the hands of a Mr. Herne, of Paternoster-row, who is an Attorney; I am sure he said that the note was not paid.

And in consequence of that, you saw Mason after you knew of this young man being pursued by Mr. Rust? - I had that conversation with him.

Did you ever tell Mason that Disney had offered the note to you? - I had told Mr. Rust that Mr. Disney had offered the note to me several times.

Mr. Garrow. How long had the note to run when it was offered to you? - It was in the month of February he offered it, to shew me there would be money to pay me soon.

Mr. Garrow to Mason. Whose buckles are those that you have got on? - Mr. Disney's.

Did Disney give them to you? - I will swear he gave them to me; it was soon after I went to Mr. Rust's; I asked him two or three times to lend them to me to put in my shoes; he said, I will, after two or three times wearing them; I swear that positively; I used to wear them on a Sunday now and then, before he left Mr. Rust's service.

Now, Sir, did you ever wear these, before

he was in custody? - Yes, Sir, at the time he was in St. Martin's-lane I wore them.

Then upon your oath, Rust did not give these buckles to you? - No, he did not give me the buckles I now have in my shoes, I can swear the prisoner did.

Was any body present? - Nobody.

How long was it after you went into Mr. Rust's service? - It might be half ay ear or seven months.

Court. What buckles did Mr. Rust give you? - I do not know that he ever gave me a pair of buckles, I have only got this one pair of buckles, I have no other.

What buckles did you think the gentleman meant, or was asking you after? - I could not say what buckles he meant.

What buckles did Rust give you? - He gave me no buckles to my knowledge.

Will you positively swear that Rust never gave you a pair of buckles in your life, will you swear it? - No, my Lord, he never gave me a pair of buckles. I have one question to ask if you will hear me: Mr. Lord said that I asked Mr. Rust to take me into his house; now I never did ask Mr. Rust that, Mr. Rust sent for me.

Then what Rust told Lord was not true? - No, Sir.

Then Rust sent for you? - Yes, I did not apply to him.

Mr. Garrow. How much money did Mr. Rust give you to take the clothes out of pawn? - He gave his apprentice the money; they were Mr. Disney's, I pawned them, Mr. Disney told me to pawn them.

Then when you took them out of pawn, you carried them to Mr. Disney? - I gave Disney part of the money and some money I got on part of the things he told me to keep.

How much money did you give him? - I cannot say.

Whose name did you pawn then in? - In my own name.

Where did you pawn them? - I pawned some of them by Clerkenwell Church.

Was this after Disney had left St. Martin's-lane? - Yes.

Now when did you tell Mr. Rust that you had pawned them, was it after Disney was taken? - Yes.

When did you redeem them? - It was when Mr. Lord came for them.

Did you tell Mr. Lord you had pawned them? - No, I did not.

Did not Lord come from Disney for his clothes after he was taken? - Yes, he did.

How much money did Mr. Rust advance to get them out of pawn? - He sent his lad to go with me, and he gave the money to the lad, he gave him a guinea.

How much of that money have you given Mr. Disney? - I cannot say.

Upon your oath did you give him one shilling of that guinea? - I did, Sir.

How much? - I cannot say how much.

Did you give him one, two, or three shillings? - It might be one, two, or three shillings; it might be three, four, or five shillings, I cannot justly say.

Lord. At the same time that Rust was asking me about Mason, he was secreted in his house; Disney appeared to me in a worse situation than I had observed him, he said his clothes were pawned; in consequence of this I went to No. 62, in Clement's-lane, I enquired of Mr. Rust if he knew where Mason was; he said no, that he had seen him a day or two before, and that he might see him in a day or two again; and if he did, he would ask him for these things; in a day or two after Rust came to my house, and brought me the duplicate of these things; he said he had met Mason, or met with Mason, and that Mason had given him these duplicates. I said it was not in my power to know where they were pawned, Rust left them with me, then I called upon him in the evening with a friend, to know if he had enquired of Mason for a direction where these things were pawned, he desired me to leave the duplicates, in consequence of that, Mr. Rust sent the things to me the next day.

Mr. Fielding. How much does that young man owe you now? - I should suppose near thirty pounds.

Can you re collect nearly about what time it was that Rust sent you the prisoner's clothes? - It was after the prisoner was taken up, of course it was not above a fortnight or three weeks ago.

Court to Mason. Who was it that Rust sent with you to redeem the clothes? - Thomas Pring .

JOHN WILLIS sworn.

I live in Essex-street, I am a glazier.

Have you had occasion to see Mr. Rust write? - Yes, Sir, I have seen him write several times, but not to take particular notice of his hand-writing, I have seen him write at the vestry, signing the Church-wardens books.

Look at that? - There is something, I think, resembling it, but to say positively I will not.

From the knowledge you have little or great of his hand-writing, do you believe that is his hand-writing? - I cannot say; but if a note came to me signed like this, for any small sum, I should not have rejected it.

From looking at such a note should you have thought it a forgery? - No, Sir, not if it had come from any body I knew.

Now look at it, supposing you had known nothing of it? - I think there is something in the R, and a little of the T, because he makes his T turn up a little.

JOHN WINGROVE sworn.

I live at the Lamb inn behind Saint Clement's Church, I have frequently seen Mr. Rust write his name.

If that paper had been offered to you any where else, should you have believed it to be his hand-writing? - It is a very great likeness indeed.

If that had been offered to you as his signature to any vestry act, would you have thought it to have been his hand-writing or a forgery? - Upon my word I should have thought it to have been his handwriting.

Should you have had any doubt about it at all? - No, I should not.

Mr. Fielding. Have you ever taken notice of him when he was writing? - I have seen him in the act of writing.

Did you look at it at that time? - I cannot say particularly I did.

Have you a person in your Vestry of the name of Mibourn, or Coates, or Jefferys, or Dodswell, or James, or Johnson, or Wallis? - Certainly Wallis.

Do you think you could tell Wallis's writing? - I do not know whether I could or not, I partly think I could.

WILLIAM CROYDON sworn.

I live at No. 3, Great Russel-street, Covent-Garden, I am a shoemaker, I have frequently seen him write his name, he has wrote me many a receipt.

He was a collector of the King's tax, I believe? - Yes.

From your knowledge of his writing do you believe and do you think that is his hand-writing; would you take that as his receipt for land-tax? - It is very much like it.

Is it so much like it as it would have passed upon you as his hand-writing? - Oh, yes, Sir.

Have you any doubt of it? - No, Sir, I should have had no doubt about it, it would have passed with me. I came by the shop one day, and Mr. Rust called me into his shop, it was before Disney was taken; the very next day after this was mentioned, I went in to enquire of Mr. Rust after Disney, and he said, that he had forged so and so for 350 l. I said, dear me, could it be so? says I, if I knew where he was, I would send him fifty miles further from you sooner than you should take him; that is really truth, for I could not think his story was true; says he, he has certainly done so. Then he was taken up; I came by the door, and he caught me by the hand and pulled me up the steps, he said he certainly was a bad fellow, for he had several receipts of his that he had forged upon him for different things, and

he would hang him if he had twenty necks.

Mr. Garrow. One of his strings broke yesterday, and the other is going to snap in two minutes, by which he was going to hang this young man.

Mr. Fielding. So he persisted in the guilt of this young man? - Yes.

JOSEPH MARSHAL sworn.

I am a bookseller and stationer, I have very often seen him write his name.

I do not ask you to swear whether this instrument is or is not Mr. Rust's handwriting, I only ask you what your opinion is of it? - My opinion and belief is that it is his hand-writing; I have seen him write a hundred times. It is like his handwriting by that remarkable S. I know.

Mr. Garrow. I will not call another witness.

NOT GUILTY .

The witness Mason ordered to be committed to one of the Compters.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-109

430. EDWARD HAYCOCK was indicted for feloniously stealing on the 11th day of April , a silver table spoon, value 8 s. the property of Thomas Munday .

THOMAS MUNDAY sworn.

I keep the Turk's-Head coffee-house in the Strand , I believe I lost this spoon on the 11th of April on Tuesday; I saw the prisoner in the coffee-room, it was I believe between twelve and one; I had information that there was such a person, and that his method was to call for a bason of soup, to take a silver spoon and leave a pewter one; he called for the soup, he eat it, and when I came down stairs the silver spoon was gone, and the pewter one left in its stead; I went and took the pewter spoon out of the bason, and pursued him.

JOHN SAYRE sworn.

I went after the prisoner in less than three minutes, he was got across the way, I followed him, and overtook him near the New Church in the Strand, I brought him back to the coffee-house by the collar, I saw him throw away the spoon just by the New Church, when he saw the people close upon him he dropped it out of his hand, I saw the spoon in his hand before he dropped it; he tried to drop it between the rails at the stone mason's, but it would not go through, that was the spoon that was afterwards brought back.

WILLIAM AUSTIN sworn.

I took the spoon from a little boy who picked it up in the street, I saw the boy pick it up, I put it in my pocket and followed the people that were running after the man; I saw the prisoner running with the spoon in his hand, and he tried to drop it in a gutter.

WILLIAM WILTSHIRE sworn.

I remember serving this prisoner with soup, I gave him a silver spoon.

Look at that spoon, was it a spoon of that pattern? - Yes, I believe this is the spoon, there was a pewter spoon left in the stead.

Prisoner. I have nothing to say.

What are you? - I am a mariner.

Mr. Munday. My Lord, he said at the time we took him that he had been a seafaring man, that he had been in the Emperor's service; he is not of the name he goes by, he is related to a very worthy man, a man of fortune.

GUILTY .

Transported for seven years .

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

Reference Number: t17860426-110

431. JOHN CONYERS was indicted for feloniously stealing, on the 26th day of April , one blue and white printed curtain, value 26 s. the property of Richard Denou and George Squibb .

GEORGE SQUIBB sworn.

I am an auctioneer , I am in partnership with Mr. Denou, our rooms are in Charles-street, Berkeley-square, I lost the cotton

from a house we were selling at in Grafton-street, Fitzroy Chapel ; on the first day of the sale, I found the prisoner in custody, and the constable who had taken him, produced a window curtain which he found upon him, which I know.

Whose curtain was that? - It was the property of the person for whom we were selling, it was lost from the back drawing-room; I am confident it was in the house, because there is a letter upon it in my hand-writing.

LYDIA DUNCAN sworn.

I was in the passage at the time the prisoner came down stairs, I saw him with something wrapped round him under his coat, some part of it rather hung below his coat, I took it to be a counterpane, as the curtain was lined with white, and it was wrong side out; I gave the alarm, I am sure the prisoner is the man that I saw coming down, I never saw him before, he was brought back in ten minutes or a quarter of an hour.

HENRY CROKER sworn.

I was there attending the sale as a broker, I am a constable belonging to the parish of St. Pancrass; I heard an alarm below stairs, I ran down immediately and followed the prisoner into the Bull inn, Tottenham-Court-road, I immediately taxed him with stealing some pictures as I thought it was; he got up and asked me what I meant, and I saw this cotton by the side of him; I directly said to him, is this your's? yes, says he; then, says I, you must go along with me to the saleroom; I brought him back, and the maid met me, and said, this is him. I took him in and searched him, and in his pocket I found a catalogue of this sale, this article is No. 14. lot 3.

PRISONER's DEFENCE.

A man gave me this cotton, and desired me to call for three penny worth of brandy and water, the man came into the house along with me.

GUILTY .

To be transported for seven years .

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

Reference Number: t17860426-111

432. WILLIAM BROWN was indicted for feloniously stealing, on the 7th of November last, six pieces of printed cotton, containing one hundred and sixty-eight yards, value 20 l. the property of Henry Thwaites .

WILLIAM BRADLEY sworn.

I am an apprentice to Mr. Thwaites, No. 106, High-Holborn. On Monday the 7th of November, in the evening, between five and six, Mr. Thwaites sent me with his cart to deliver some goods at Mr. Gibson's, Barbican ; I had also six pieces of cotton belonging to Mr. Thwaites, to deliver in Cheapside; I saw them put into the cart in a box, tied round with a string, for Messrs. Leith and Watts, Sadlers-hall, Cheapside; the cart was at Mr. Gibson's door; the goods were all taken out; this box and another remained; I was standing by the cart, and saw somebody go up Prince's-street with the contents, without the box; I found him on the opposite side of the cart; I followed the man without looking in the cart, but before I overtook him, a man met me in the street and pushed me down, and asked me, if it was me that eat part of a turkey; he took me, and laid me down, not with any force; I immediately went back to Mr. Gibson's house; I did not continue to follow the man with the prints.

Why did you not cry out for help when you first saw the man? - There was nobody near; I told Mr. Gibson, and he followed them, and cried stop thief; that is all I know; the carter's name is Edward Jones .

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

Reference Number: t17860426-111

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 26th of APRIL, 1786, and the following Days;

Being the FOURTH 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 IV. 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.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of William Brown .

EDWARD NICHOLSON sworn.

I was servant at that time with Mr. Gibson; on the 7th of November, between five and six; I was informed by William Bradley that a man had stole some printed cotton; I instantly ran very fast, and enquired of a person which way he was gone; I followed him very quick, and then I saw the contents laying in the street, near the corner; I brought them back and laid them on the counter; they continued in the shop till the Wednesday, then I took them back to Lieffe and Welch's; I delivered them to one of the servants; the prisoner was rescued out of the coach, therefore the contents are not here.

Did you look at them or examine them at all? - No, they were tied round with a strong cord, and put into a box.

EDWARD GIBSON sworn.

On Monday the 7th of November, between five and six in the evening, and Mr. Thwaites cart was at the door, I heard Bradley cry out, there are six pieces of prints gone; Mr. Nicholson ran after him; I ran into Golden-lane, expected him to come that way, and there I saw the two boys scuffling with the prisoner, when I got within fifteen or twenty yards of him, I saw the boy fall down; he was making his escape; I ran after him, and laid hold of him as fast as I could; he said, I will shoot you; he put a pistol to my face, and the fire came into my face; I called for assistance; the two boys said to me, that is him; I saw him drop the goods; the prisoner was on the spot; it was just as I had laid hold of him that the pistol snapped in my face; I tried to secure his arms, and cried out, for God's sake assist me, he has more; he gave a plunge, and threw the pistol away; there were two or three came up, and he was taken to the constable and secured; I desired the constable to take care of him, I expected he would be rescued, he looked about for his cutlass, but could not find it; I was near half an hour in the house with him; I went out through the croud and called the patrol, and desired the patrol to come and bring his cutlass with him; the patrol came; my wife was very much frightened, and I stepped in to let her

know I was not hurt; and I heard a shout that he had acted the part of harlequin.

Court. Do you know his person to a certainty? - Yes, my Lord, I should know him from five thousand; I looked at his face, and pulled off his hat once or twice, and I looked at his hands, and said, how do you get your living my friend, he said, he was a watchmaker; I said, you work very hard, you have a nice soft hand; the prints were brought to my house, either Tuesday or Wednesday; I sent Mr. Nicholson, to deliver them to Mr. Lieffe.

Did any of Mr. Thwaite's people see the prints? - Nobody but but Bradley; I had seen the prints at Mr. Thwaite's and I knew them to be Mr. Thwaite's; they were not untied at all; I have seen them loose at Mr. Thwaite's, but they are easily distinguished; I could see them very plain; they were only tied round with a cord; I am sure they were Mr. Thwaite's property.

Bradley. These are the same prints that I put into Mr. Thwaite's cart.

Prisoner. I beg that the witnesses that have not been examined, should be examined separate.

JOHN JOSEPH sworn.

I had been getting a bit of victuals; I heard a noise; I live in Golden-lane; I went to the door, there was a cry of stop thief; and two men came running down the lane, and one of them threw down the bundle.

Which was the man that threw down the bundle? - I cannot say.

What became of the man afterwards? - Mr. Gibson stopped him.

Did the man get out of your sight after he threw down the bundle, before he was stopped? - No; I cannot say with a safe oath whether that was the man that Mr. Gibson stopped.

Mr. Knowlys, Prisoner's counsel. Was you examined before any Magistrate about this? - Yes, before Mr. Wilmot.

Mr. Gibson. This is the man that came up to my assistance; if the pistol had gone off, I must have been a dead man.

Court to Joseph. Has any body been talking with you since, to make you less sure now, than you was before? - No, nobody has spoke to me since.

Jury. What was the distance between the place where the prisoner was taken, and the place where the things were dropped? - More than twenty yards.

Relate over again what you saw? - I saw the prisoner, and this man came running down the street as hard as they could run.

Who was foremost? - Upon my word I cannot say; I was in the dark; I was on the other side of the street; I was further off than I am to you; I saw something drop.

Did you see who it dropped from? - No, I cannot be upon my oath.

WILLIAM EWEN sworn.

I am fifteen. On the 7th of November; on the Monday night, between five and six after I came from work, I was going along and heard the cry of stop thief; and the prisoner had a piece of goods under his arm; he tried to run into a house, but the door was shut; and then he dropped the linen; then I pursued him, and he dodged me round a court; and another boy came up, and he tripped the other boy, then I jumped atop of his shoulders, and I hung by him with my hands round his neck.

Was he down? - No, he was standing up; he d - d me, and told me he would shoot me; upon which I was frightened, and I let him go; he had not got above fifteen yards, before Mr. Gibson and a brewer's servant got hold of him.

Was the man you laid hold of, the same man that dropped the goods? - Yes, I am sure he is the man.

When Mr. Gibson laid hold of him, did any thing happen? - No, I heard a pistol snap, but I did not see it.

JOHN PROSSER sworn.

I heard the cry of stop thief; I run, and saw a man running with some things in his arms; he tried to get into a house, and he

could not get in, and he dropped the things; I tried to lay hold of him, and he threw me down.

Did you see him afterwards stopped? - Yes, Mr. Gibson stopped him.

Are you sure that the man that Mr. Gibson stopped, was the man that dropped the goods? - Yes, Sir, I am.

The prisoner called two witnesses to his character.

GUILTY .

Court to Prisoner. You have been convicted by the Jury, on the clearest and most satisfactory evidence, of the offence charged in the indictment, that offence is not so described in point of law, as to make it capital to affect your life; but as you endeavoured to take away the life of a person, I think no sentence, that the law authorises the Court to pass upon you, is too severe; which is that you be transported to Africa, for the term of seven years .

Court. In the first place, Mr. Gibson's situation put him out of the necessity of receiving any other recompence for his very meritorious conduct, than the thanks and approbation of the Court and the publick.

Mr. Gibson. I do not desire any other, my Lord.

Court. Let these two boys have forty shillings apiece, and the other witnesses the common allowances.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-112

433. JOSEPH FENTON was indicted for feloniously assaulting on the king's highway, one John Beard , on the 15th day of April , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one woollen quilt, value 5 s. the property of Susannah Rawlins .

JOHN BEARD sworn.

I am twelve years old the 23d day of October; I live at Islington, with Mr. Cooper the broker; on the 14th of April, I lost a quilt about nine at night; I was in Crooked-lane , going home to Islington; I had been to fetch a quilt from the Borough from Mrs. Susannah Rawlins ; I was to carry it to my master.

Was he to buy it? - Yes.

Was you by yourself? - No, there was another with me, John Milward , he lives at Islington; I do not know him again; I stopped to rest, and the prisoner came up to me, and put his hand and his hat before my eyes, and he took and snatched the quilt away from me; and he gave it to another man.

Could you see who it was that snatched the quilt away from you? - I could, I saw it was him, he gave it to another man, and the othe r man ran away; I hallooed, stop thief, and the people came round and stopped the prisoner.

Are you sure the prisoner was the man that put his hand and his hat before your eyes? - Yes.

And are you sure the prisoner snatched the quilt? - Yes.

Prisoner. Ask him whether he did not put it on a pitching block? - Part of it.

SUSANNAH RAWLINS sworn.

I delivered the quilt to this boy, the 14th of April, on Good Friday, about nine in the evening or a quarter before.

What was to be done with it? - He was to carry it to his master, his mistress sent him for it; I keep a pawnbroker's shop.

The quilt is yours at this time? - It was mine.

STEPHEN GIMBER sworn.

On the 14th of April, which was Good Friday, a little before nine, I was in my shop; I live in Crooked-lane; and the boy screamed out most dreadfully, I opened the door, and the boy had the prisoner fast by the coat, and he never quitted him till he had him in the constable's hands; that is all I know.

DANIEL WILDAIR sworn.

On the 14th of April, I was sent for to take charge of a man, I immediately came and found the prisoner in the possession of this boy, and a number of the neighbours;

I took charge of him, and took him to the Compter; this quilt was brought back by one of the men that was in company with him, and he said, he found him two kennel, in order, I suppose, to get him liberated.

(The quilt deposed to.)

PRISONER's DEFENCE.

I live in the Borough; I was coming to Snow-hill to buy me some leather, and as I was coming up Crooked-lane, I heard the boy make a great noise; I went up to him and asked him what was the matter, and he said I took the quilt, and they came and took me.

GUILTY Of stealing, but not violently .

Transported for seven years.

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-113

434. RICHARD STEWART was indicted for feloniously stealing on the 15th day of February last, one silk gown, value 15 s. one bombazeen sack, value 10 s. and various other things , the property of Mary Hatfield .

The prisoner was employed as a porter to carry these things in a sea chest, and went off with them.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-114

435. ANN THOMAS was indicted for feloniously stealing, on the 27th day of March , four muslin handkerchiefs, value 20 s. the property of Charles Williams , privily in his shop.

(The witnesses examined apart.)

GEORGE DAWSON sworn.

I am shopman to Mr. Charles Williams ; the prisoner came into our shop about five in the afternoon, she came and asked to see some remnants of cloth, I shewed her several pieces; I could not find any that would please her, at last I found a remnant that suited her, and she bought it; when I went to look for some more, there was some muslin lay near where the cloths were, and she took up four of them, says she, this is not cloth, this is callico; she carried them to the light, where the cloths were, and she laid them amongst the cloths; they laid there a quarter of an hour amongst the cloths, and I sold her a remnant of cloth; she went out; I went to see if I could find the muslin handkerchiefs, and I could not find four; then I pursued her, I overtook her about half a dozen yards from the shop, and she came with me back to the shop, I asked her to let me see what she had in her apron, and I found the handkerchiefs there with the cloth; she begged I would not send for a constable, and she would pay me for it; so I immediately sent for a constable.

Did she take that article she bought? - Yes.

How long did she stay after she bought the cloth? - Ten minutes or thereabouts.

When you found this in her apron, were they folded up, or separate? - They were separate; I put a paper about the cloth, and it was taken off, I am sure I put a paper on; it was not tied, it was only a small remnant.

Was the muslin handkerchief rolled up in paper in the shop? - No.

DAVID DAVIS sworn.

I saw the muslin handkerchiefs taken from the prisoner, she said, she knew nothing about it, nor how she had them, or any thing.

Dawson. I saw some handkerchiefs taken from her; they are my master's property.

Mr. Knowlys. Had she any hat or cloak on when she came into the shop? - I believe not.

Did you think her perfectly sober at the time? - Yes, I did; I am sure she was sober.

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

Jury. The Jury wish to hear the prisoner's defence.

Prisoner. I went to look at some cloth; I said, I was not particular in the price, any kind of a remnant would suit me; we agreed for a remnant, and I gave him two shillings; he wrapped it up in a piece of paper; and I took it; and as I was turning round, he pulled me back, and said, I must stop, and said, I had something more than my own; I had a shift of my own and this piece of cloth; and I immediately laid them down on the counter; there was nobody in the shop but himself; he immediately called the boy to fetch a constable, or a runner; and I said, what have I done, I have neither hat nor cloak on; I was frightened; and the lad took me away; I bought two yards and a quarter of cloth; I was ill used as I could be.

To Prosecutor. How far did she go from the shop, before you took her up? - Five or six yards.

Did you see the handkerchiefs upon the counter after you wrapped up the cloth? - I did.

GUILTY. Of stealing, but not privately .

To be privately whipped , and confined six months .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-115

436. JOHN QUARTERMAN and WILLIAM FREDERICK otherwise PARDON were indicted for feloniously stealing, on the 4th day of April last, eight iron bars, value 4 s. belonging to George Scrivenor , and fixed to his dwelling house .

The prisoner Frederick was stopped offering the bars for sale; and the watchman had previously stopped both the prisoners near the place, and taken them into custody; but the constable took their words for appearing the next morning.

BOTH GUILTY .

Each transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-116

437. MARIA UTCHIN was indicted for feloniously stealing, on the 2d day of April , one silver watch, value 30 s. the property of Richard Martin .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-117

438. JOHN MARTIN was indicted for feloniously stealing, on the 1st day of March , nine bars of steel, value 9 s. the property of Catharine Sharp .

Thomas Beckwith saw the prisoner take the bars, and brought him back directly.

Prisoner. I did in distress.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-118

439. WILLIAM WILSON was indicted for feloniously stealing, on the 20th day of March last, forty four pounds weight of lead, value 5 s. the property of Richard Thompson and others.

Edward Ryland stopped the prisoner with the lead, and he confessed stealing it from the prosecutor.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-119

440. ANN the wife of WILLIAM DAVIS was indicted for feloniously stealing, on the 27th day of April , eight pair of silk stockings, value 8s. the property of James Atkinson .

The prisoner was taken close to the house with the stockings upon her.

GUILTY .

To be transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-120

441. JOHN GLOVER was indicted for feloniously stealing, on the 6th day of March last, six canvass bags, value 9 s. three tin boxes, value 3 s. a quarter of a pound of nutmegs, value 1 s. and other things , the property of James Keene .

The prisoner had been porter to the prosecutor for two years, and much intrusted by him; and he had recommended him to live rent-free to a friend of his, with his wife and children; and he found in his apartments the things mentioned in the indictment, and other things, some of which were deposed to.

GUILTY, Of stealing the bags, to the value of 4 s.

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-121

442 ROBERT BROUGHTON was indicted for feloniously stealing, on the 2d day of April , one linen handkerchief, value 6 d. the property of a person unknown.

The prisoner was seen by the patrol picking a stranger's pocket; he took him directly.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-122

443. ROBERT CARTER and JOSEPH MADERICK were indicted for feloniously stealing, on the 9th day of April , eleven quarts of oil, value 11 s. the property of Morrice Thomas .

The prisoners were stopped; they dropped the oil, which was in two skins.

BOTH GUILTY .

Each transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860426-123

444. MARGARET RIDDLE was indicted for feloniously stealing, on the 17th day of March last, two silk waistcoats, value 2 s. one velveret waistcoat, value 1 s. the property of John Clarke .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-124

445. JAMES BRACE was indicted for feloniously stealing, on the 28th day of February , one piece of leaden pipe, value 2 s. belonging to James Slade ; and fixed to his dwelling-house .

Samuel Wilson , the watchman; took the prisoner with the property.

GUILTY

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-125

446. MARY HUNTSMAN was indicted for feloniously stealing, on the 11th day of April , one box-iron, and iron heater, value 18 d. and one cotton waistcoat, value 6 d. the property of Elizabeth Young .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-126

447. ROBERT DUKE , was indicted for feloniously stealing, on the 8th day of March , one wicker basket, value 1 s. and a bushel of apples , the property of John Gast .

The prisoner was stopped with the apples.

(The basket deposed to.)

Prisoner. A man hired me to carry it.

GUILTY .

To be whipped , and confined six months in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-127

448. JOHN SOUTH was indicted for feloniously stealing, on the 14th day of March last, seventy-two clasp knives, value 20 s. the property of Edward Bailley .

The prisoner was stopped, and dropped the knives, and the bill of parcels was found upon him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-128

449. THOMAS GREEN and WILLIAM FLETCHER were indicted for feloniously stealing, on the 7th day of March last, seven pounds weight of coffee, value 1 l. 10 s. the property of Robert Gladwin .

Joseph Hillett saw the prisoners, one take out the parcel and give to the other, and immediately stopped them with the parcel.

BOTH GUILTY .

Each transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-129

450. WILLIAM SMITH was indicted for feloniously stealing, on the 19th day of April , one linen sheet, value 18 d. the property of Edward West , being in his lodging-room .

Elizabeth Evans took the sheet from the prisoner, wrapped round his waist.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-130

451. JAMES ROBERTS was indicted for feloniously stealing, on the 23d day of February , two bay geldings, price twenty pounds , the property of Thomas Collier .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-131

452. JONATHAN SHERWOOD and WILLIAM SHERWOOD were indicted for feloniously stealing, on the 16th day of March , two ripping chissels, value 6 d. and one ax, value 2 s. the property of John Thomas .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-132

453. PATRICK DUFFEY was indicted for feloniously assaulting Christopher Bradgin on the King's highway, on the 4th day of April , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, on silver watch, value 40 s. a steel chain, value 12 d. a key, value 1 d. his property .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-133

454. HYAM MOSES was indicted for feloniously stealing, on the 18th day of March last, one salmon, value 5 l. and one turbot, value 24 s. the property of Joseph Manlove .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860426-134

455. SARAH NOTSOP was indicted for feloniously stealing, on the 24th day of April last, a brass pocket-piece, value 1 d. and two guineas, value 2 l. 2 s. and six shillings in monies numbered, the property of James Marston , privily from his person .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860426-135

456. THOMAS HILL , alias PRICE , and GEORGE GUIRE , were indicted for feloniously coining, on the 21st day of

March , one piece of false, feigned, and counterfeit money, called a halfpenny, against the statute .

The Indictment opened by Mr. Reeve; and the Case by Mr. Silvester.

JOHN CLARKE sworn.

I am one of the marshal-men of the city of London; on the 21st of March last, I went with Mr. Stephen Clark , and Mr. Gates, and some other officers; and each of us took a view of a house, which we had information of, No. 4, New-street, Cloth-fair; we stood upon a ladder, and looked through a hole of a board into the work shop, where they were at work; I saw the prisoner Hill, and the evidence John Lard ; we looked through a board in a skettle ground behind the house; the skettle ground belongs to the Rose and Crown in Cloth-fair; it is partly a wall, and the rest is carried up with boards, and there was a knot in one of these boards, which was cut; I saw Hill at work at the fire, with a crucible heating the metal; I saw Lard, who is an evidence, at work; and there was mould and sand, I saw him throw sand and dust over it: Guire came down as I was upon the ladder, he came through the shed, and came up the wall, and came out of a trap door, I was then upon the ladder; Guire came up to this trap door and came out; there were sacks at that time over the windows, which is a sky-light, he moved the sacks, and I thought we were perceived, and I pointed to the top of the place immediately, and the other officers went to the door of the street, and broke it open; I went in at the trap door, and that brought me into the room where these people were at work; Hill and Lard made their escape up stairs, it was a shed on the ground floor adjoining to the house, I found only Guire there.

How came he to stay for you there? - I cannot say, I was down very soon after him, he let himself down very easy, and I dropped down after him, I cannot say where he was going.

You did not see Guire doing any thing in the shed? - I did not myself, I was the last that looked through the board. and I suppose there was an alarm; I searched Guire, and found two halfpence upon him, which I suppose to be like them that were making, and some others that were very good, the others were in his pockets; many other things were found there, which the other witnesses have; I was the first person that was in the room, I found the crucible in the furnace at that very time, there was boiling hot metal in it, there were scales and weights, and a pair of tongs, and things of different kinds, and this ladle, and this is what they hand the crucible out with; I saw the prisoner Hill using these things, as I was on the ladder looking through the hole; this ladle was laying on the furnace, here is the mould, it was then open, but it was put together since to keep it, as it was then set; there were some old buckles for melting, and some small sheets of copper.

Mr. Garrow, prisoner's counsel. I suppose you know as little about casting, as you do about coining? - I know nothing at all about it, I never saw a thing of this kind before.

STEPHEN CLARKE sworn.

When I went there, I was shewn a hole at the end of the work shop, by looking through which, I could discover the shop, when I first looked through the hole, the prisoners were going in a room next the shop; I thought they were going to dinner; I saw them very busy, I was intirely unacquainted with the mode of their proceedings, and I desired Gates and Clarke to attend to their motions; I only saw them busy about the place, I saw no particular thing that they did, I went round, and directed them to go round; I went and saw Guire brought out, and one Lard; I went in and saw this flask laying in sand, the bottom of this had thirty-nine or forty halfpence in it.

Court. Are they good halfpence? - Halfpence of all descriptions.

Are they good halfpence? - There are some very indifferent I believe; there is one of the men can give an account what use they were to be made of; all these things were found, a crucible and tongs, and a large quantity of cecil; I took no care of any thing but the mould; I found in the work-shop, a large quantity of halfpence, which appear to be cast from the halfpence in the mould.

JOSEPH GATES sworn.

I was at this house, I went in at the front door; I first went into the public-house, then into the skettle-ground; I looked through, and saw Guire turning round this thing in the place, I could see the flask partly set; says I, this is not halfpenny coining, do not be in a hurry; I took Hill up stairs in the first room, and the evidence; I found some halfpence.

Are these halfpence finished? - They are common halfpence, there is only two that Mr. Clarke pitched upon.

Mr. Garrow. You have been at the taking coiners before? - Yes, I was Sir; this was not halfpenny coining; because I never saw any fly going.

JOHN LARD sworn.

I was at this house in company with the two prisoners; I know Thomas Hill, by coming and buying sand, and lime, and crucibles, and several other things, when he lived in Chick-lane, and used to work there, and afterwards at Mr. Gibb's; and I went home to my father's, and this man told me they had some small work to do.

What did you understand by small work? - Such as watch seals and that.

How do you mean to do, lad? - To cast it; I went to Hill's house, No. 4, Cloth-fair, on the 21st of March, and there was about ten pound of metal run in a square piece, and afterwards Hill said he had a little job to do, and this mould had thirty-nine halfpence in one part, I made one side by the help of Hill and Guire, we made it between us.

What is it for? - They told me it was do some cast-iron halfpence.

Did you make any? - There was some made in metal.

In what metal? - I do not know.

When were these made in metal? - The 21st of March, about twenty-three, that was the day I was taken.

Where were those twenty-three half-pence? - I do not know.

Court. There is a good deal more to be done to them than cutting off, is not there? - Yes.

Then how do you finish them? - I do not know.

H ow far had you gone towards finishing these twenty-three? - No further than casting them.

JOHN CLARKE of Bow-street, sworn.

Look at these halfpence that were found on the prisoners, are they cast? - Yes Sir, they are.

Open that mould, and see if you can find the patern of these two? - It is impossible.

Are these any of this pattern that is shewn you? - I suppose there may, I will not pretend to say.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17860426-136

457. WILLIAM MINTON was indicted for feloniously stealing, on the 21st of March , one quart pewter pot, value 16 d. the property of Thomas Furmage .

And CHARLES FLETCHER was indicted for feloniously receiving the same, knowing it to be stolen .

The witnesses examined separate.

THOMAS FURMAGE sworn.

I keep a public-house in Glanville-street , I lost a quart pot the 21st of March.

EDWARD LUCAS sworn.

I am a constable of St. Giles's, I stopped Minton with a pewter pot under his coat, on the 21st of March, I think it was on a Tuesday; I marked the pot at the bottom, the prisoner Minton told me where he was going to sell it, the Magistrate

sent us with the prisoner Minton to see where he sold it, I was at the door, I stopped him as he came out; he said he sold it for sixpenny-worth of halfpence, there are the halfpence that he sold it for.

Into whose house did he go? - Into the house of the prisoner Fletcher; and as soon as he came out, I went in; he carried in the pot, and brought out sixpenny worth of halfpence, and said he had sold it for them; Fletcher keeps an old iron shop.

Prosecutor. The value is sixteen-pence.

Lucas. I went to Fletcher, and told him I believed he had got the pewter pot that the boy had brought in just now; he said he had not; I said, I am afraid you have; and looking to the fire, I found this shovel on the fire; not seeing the pewter pot, I searched the wife, and found this pint pot; there was a kind of a forge, and I found the quart pot in the fire; I took him to the Magistrate, and left him there, and came back to search the house further, and found these pieces of pewter; I left a man that assisted me, till I returned; the Magistrate said to Minton, that he would shew him all the favour he could, if he would find the receiver.

Prisoner Fletcher. Whether he did not ask me what money I would give him to make up this affair? - No such thing; no conversation of that kind.

Who was the Magistrate? - Mr. Walker, in Hyde-street, Bloomsbury.

GEORGE MEECHAM sworn.

I belong to Mr. Walker's; I was with Lucas, and we met Minton, and took this quart pot from under his coat; we took him to the office, and Mr. Walker said he should like to find out the people that bought these things; and the prisoner Minton said, I will tell you where; and we went with him to the prisoner Fletcher, in Newtoner's-lane; he went to Fletcher's, and was in about a couple of minutes, and came out with sixpenny worth of halfpence in his hand; he shewed them to me, and I gave them to Lucas; Mr. Walker promised the prisoner Minton some favour, on account of discovering the receiver; I saw him take in the pot under his coat; we watched at some distance; then Lucas and I went into the back yard, and there I saw a forge, and a frying-pan atop of it; I did not find any thing in the fire; I staid in the shop, while Lucas searched in the backyard, and I saw Lucas take a pint pot out of the woman'