Old Bailey Proceedings, 31st May 1786.
Reference Number: 17860531
Reference Number: f17860531-1

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 31st of MAY, 1786, and the following Days;

Being the FIFTH 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 V. PART I.

LONDON:

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

MDCCLXXXVI.

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable THOMAS WRIGHT , LORD MAYOR of the City of London; the Honourable EDWARD WILLES , one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir RICHARD PERRYN , 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.

John Plaskert

Thomas Lee

William Ludlam

John Harrington

William Brookes

Thomas Winkworth

James Whitefield

* Richard Hare

* John Jennings served some time in the room of Richard Hare , and Thomas Dowding served the last day in the room of John Jennings .

Joseph May

George Morrison

William Kinnersley

William Smart

First Middlesex Jury.

John Ashmore

Robert Askey

Edward Glanville

John Morrison

James Phipps

Robert Minns

William Booth

Thomas Green

William Cartwright

Henry Read

Samuel Ray

Richard Mason

Second Middlesex Jury.

Henry Wright

William Fryer

Robert Squire

Joseph Nash

Henry Remnant

Samuel Beazley

James Brown

Michael Griffin

George Spurret

+ Henry Nash

+ Charles Whitcomb served some time in the room of Henry Nash .

John Maund

George Grant

Reference Number: t17860531-1

461. JOHN WILKINSON was indicted for feloniously stealing, on the 15th day of May, one silver watch, value 40 s. one steel watch-chain, value 6 d. one seal, set in base metal, value 1 d. one gold mourning ring, value 20 s. one other gold ring, with two diamonds set therein, value 40 s. twenty-two guineas, value 23 l. 2 s. seventeen

half-guineas, value 8 l. 18 s. 6 d. and 2400 halfpence, value 5 l. 6720 farthings, value 7 l. and 2 l. 12 s. 6 d. in monies numbered, the property of Owen Connelly , in his dwelling-house .

OWEN CONNELLY sworn.

I keep the Greyhound in New Compton-street . On the 15th of May, I lost the things mentioned in the indictment; the prisoner was my servant ; the watch I lost has two letters on the back, W. K. it was a silver watch; I lost a mourning ring, the fellow of this, with the name William Falkner , who is dead, and was my wife's brother; I lost a gold ring with two diamonds, with a purple stone in the middle; they were all with the money in the drawer. At about half past two that morning that we were robbed, my wife and I went to our drawer to reckon this money; there were twenty-two guineas, seventeen half-guineas, and two guineas and a half I reckoned in silver; there were five pounds worth of halfpence in two China basons, and about seven pounds in farthings; we put by the farthings, we had not vent for them, so we put them by for some time; these things were lost at the same time, on the Sunday morning.

Do you know any thing, of your own knowledge, to affect the prisoner at the bar? - Yes; in the morning, a quarter before five, I awaked; the prisoner was my servant five days; I had a character from an acquaintance of his, that he was a very honest man; and when I awaked, I saw the window open of our room where the money was; I called my wife; this money was in a chest of drawers; my wife and me reckoned the money, and she locked the drawer, and put the key under her head in her pocket, and in the morning the key was taken from under her head, and the drawer unlocked, and the money gone; I got up, and went to the man that gave him a character; his name was Pritchard he appeared to be a gentleman; I told him he had robbed me of all the money I had to pay the brewer; well, says he, go along with me, I will find him for you; he went to get himself shaved, and we went to Charing Cross, to the gentleman where his mother lived at Blackheath; we did not find him; we returned home, and searched every public house in all the neighbourhood, but could not find him; on Monday, there was a man that gave information, and he was taken at Lewisham, and he was brought before Sir Sampson Wright ; he owned to the things that were found upon him; they are in the hands of the constable, named Beyer; the prisoner has sent me several letters, begging for mercy; but I told him I would make no promises, after being robbed by my own servant.

Prisoner. I came out of the house, and went into the country, and my master sent word by two or three people, that if he had his property, he would not hurt me; did not you send me a new shilling, Sir, the other day? - No; I would not send you a shilling, if you never had one; my wife's sister sent it.

Prisoner. Did not you say you would forgive me, if you got the property again; but the traps had it.

Prosecutor. No. The prisoner charged another man as an accomplice, and that he hid him under the bed for some time, from twelve till we got to sleep, and that he handed this property out of the window to him; but that man was discharged; we both went to bed at half after two, after we reckoned our money, we were tired, we fell asleep directly.

JOHN TAINTON sworn.

I keep the Golden Lion, Sydenham; I know the prisoner; on Sunday morning, the 14th, the prisoner came into my house about nine in the morning; he called for a pint of beer, and sat down in the tap-room, and leaned his head on the tap-room table; then he got up, and had another pint of beer, and went towards the fire; he had a paper of tobacco; he sat down, and dozed in the corner; he asked the way to Dulwich; he said he had business there; then he asked me, if he could sleep in my house

that night; I said he might; then he went out, and joined company with two labouring men, and they had sixpennyworth of gin and water; then he ordered tea and coffee for them three; he said, do not be in a hurry, I am a publican myself; then they sat talking together; this was about one in the day; they seemed to have some words together, and the prisoner put his hand in his pocket, and pulled out a handful of gold; the prisoner seemed to be a little intoxicated; then, after sitting a little while, he put his hand into his white waistcoat-pocket and pulled out a handful of silver, half crowns and shillings; he had paid Brooks, the stage-coachman, two shillings for the passage back to London, and just as the stage was coming, he took his bundle, and going out, he dropped it; I perceived there was money in it; I did not know how to act; the constable lived three miles off; I had one serjeant Biggins quartered upon me; I said to him, that he ought to be stopped, and we persuaded him to return, and lay down till he was fresh; then we felt his bundle, and found it was halfpence; then he ran away, and we brought him back to my house, and searched him; the first time, there were seventeen guineas, and two gold rings, and two pounds twelve shillings and sixpence in silver; there were found upon his person, a silver watch, two tea-spoons, and a piece of a spoon; he then cried very much, and begged of the serjeant and me not to hurt him; I said I did not want to hurt him, let the law hurt him; and going down the street, he abused his companions very much, and we searched him again, and there was found ten guineas and a half in the pocket of the prisoner; in the bundle was found a quantity of halfpence and farthings, and a pair of garters and a waistcoat; the prisoner mentioned two or three people that never saw him before; he said they met him at Lewisham, and gave him the money; the things that were found upon him were delivered into the hands of Jonathan Beyer .

JONATHAN BEYER sworn.

I am the constable; I have here twenty-two guineas in gold, eleven half guineas, and a silver watch; the money I received from a butcher at Sydenham, belonging to our parish, which they had put into his cart; the butcher is not here; the serjeant was present at the time; here are two rings.

(The watch deposed to by the prosecutor.)

Prosecutor. My wife says, she knows some of the money; she is very curious in money; there is an halfpenny we all know.

(The rings deposed to.)

Prosecutor. Before the Justice, the prisoner owned this was my money; there was not the least promise made him; I hardly spoke to him.

Beyer. I produce the halfpence and farthings which were delivered to me in the presence of the prisoner, and taken from him.

Prosecutor. This is a remarkable halfpenny; we have had it a great while; and this cloth was laid under the farthings; this is my cloth; it was in the chest of drawers where he took the money from.

PRISONER's DEFENCE.

I found the property; the prosecutor said, he would shew mercy upon me, if I would tell him where the property was; and he sent me a shilling down.

THOMAS BIGGINS sworn.

I am quartered at Tainton's house; on Sunday evening about five, I went to my quarters, and asked for a penny-worth of beer, which my landlord drew me, and called me to his bar, and said, that man has got more about him than his own; I brought him back to the stable; he threw down the money; says I, is this money your property? he said, no; I took it to the landlord; the landlord said, I might stop him on suspicion; I went into the stable to the prisoner, and said, this money you have been robbing somebody of; he made no answer, but ran out of the stable immediately; I followed him, and brought him back, but as soon as ever I laid hold of

him, he said, do not hurt me, I have robbed nobody, and fell a crying; I brought him into the parlour; he put his hand into his left hand pocket, and was crying all the time; I said, what have you there, he said, nothing at all, I said, pull it out, do not be afraid, he pulled out seventeen guineas in gold, and the two gold rings; he made a snatch at the two rings, one is a large ring, but you cannot discern the mark, the other has Falkner upon it; then he began to fumble about; I said, come get up; I put my hand into his right hand pocket, and pulled out two pounds, twelve shillings and sixpence; I then felt in his waistband pocket and pulled out the watch; I sent one of my own men for a constable; I got one of my own men to go to the Justice, and getting him down the street, he said, where are you going to take me, I am a better man than you; I have more money about me than you have; says I, I have but very little; says he, I have two pistols about me; have you, says I, then you shall not go an inch further, till I have searched you; I searched him, and found ten guineas more in his pocket; I was three hours taking him three miles, and at last, I delivered him up to Mr. Beyer the constable.

Court. You behaved with great propriety on this occasion.

JANE CONNELLY sworn.

I am the prosecutor's wife; I live in New Compton-street; on Saturday morning, about eight o'clock, my husband asked me for the key of the desk; I gave it to him; the prisoner stood in the passage leaning over; I was very busy; about twelve I went into my own room, and turned down my bed; I sat on the side of the bed, and leaned my hand on my head; and saw the key in the desk; I went out and called my husband, and he, and my sister and me, went back; I said, I am affraid we are robbed; no, says he, I hope not; count your money, you can easily tell; I kept the money in the drawer, where the watches and the rings were; my husband stood by me, and counted the money in rucks, ten guineas at a time; there were thirty guineas in gold, in guineas and half guineas, and two guineas and an half in silver; I did not count my farthings; we take all halfpence that come, and pay them away likewise; I put the farthings in a great towel, which was in a chest; I went to try to lift up the towel, to get some sheets out, but I could not; I called the maid to help me, we moved them between us, and put them on the floor in the room; says Peggy, is this money, Madam? no; says I, it is copper; on Saturday evening, I said to my husband, bring out the bowls of bad halfpence, as it is pay-table night; when we had done, it was between two and three; my husband took the bowls, and put them by; says I, go outside the bar, he gave me the key, and I put it into my right hand pocket; we both went to bed; in a short time something disturbed us; in the morning when we waked, my husband said, Jane, did you leave the window open; and I saw the desk open, and the key in the drawer, and the drawer wide open, and the money and watch and rings all gone, we went into the yard, and there was the drawer, and a bit of chalk in it; every thing was gone but a bit of chalk; I cannot say that I can speak to money, there is one half guinea has a small head; I sent it to the cheap baker's, and he sent it back.

Could you swear to that half guinea as seeing it in your possession that night? - I swear to this halfpenny remarkably, I had it in my hand an hour one night, and it was put into the bason among the half-pence; the bedchamber was on the ground floor, it was a large sash, I found it wide open in the morning, the prisoner had left my house then, the last word I spoke to him was on the Saturday night, I said, John, go to bed, because somebody must be up in the morning; he must get in at the window, otherwise he must be concealed under the bed, one way or the other; there were the marks of feet in the yard, and the mark of a foot on the chair.

(Looks for the half guinea, but it was not there.)

Prisoner. My mistress sent me a shilling? - I did not, my sister sent him a shilling for charity, I have a letter of his that he sent to us, that he was starving for bread.

Prisoner. When I came down stairs in the morning the property was taken out of the room, it was in the yard.

Court. Then I suppose you took it up and brought it back to your master? - No, Sir, I did not, the man that proposed to rob my master's house went off and left the bundle, and I took it up and carried it to Sydenham.

GUILTY , Death .

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

Reference Number: t17860531-2

462. JOHN DELOVE was indicted for feloniously stealing, on the 21st day of May , one gelding price 5 l. the droperty of John Spiers .

JOHN SPIERS sworn.

I live at Turnham-Green, I am a gardener , I bring my things to town, I keep a cart, I lost a gelding from Stamford Brook in Chiswick parish , my horse was at grass there, it was put in the field on Friday se'nnight about eight, and missed the next morning, I heard of it again on Saturday morning; I went to town and gave information that it was lost, on the Monday morning I went to Mr. Smith's, and I received intelligence from Thomas Isaacs , and found my gelding in a stable, I have had him about four months or something better, I gave 5 l. and a crown for him, I can swear it was my horse.

THOMAS ISAACS sworn.

On Saturday the 20th of this month, the prosecutor came to Mr. Blackborrow's office to lay an information that he had lost a horse, he described the horse, I went myself to Mr. Spiers's house as soon as I found the horse, which I did at Mr. Smith's house; returning to town I met Mr. Spiers and his man, I called to him and told him I had found his horse I believed, he immediately sent his own man back with me, and he identified the horse, that man is not here; on the Monday I went with Mr. Spiers, then he challenged the horse.

THOMAS SMITH sworn.

I live in Cold Bath Fields, the prisoner came to me about eight on Saturday morning, I never saw him before in my life, when he first came he asked for Mr. Smith, I went and asked him his business, he said he was informed I wanted to buy a horse (I often buy horses for my business) I told him I wanted to buy several, he said he had one to sell, he came without a horse; then I asked him where the horse was; he said, he was coming with it to take it to the horse-killer's to have him killed, and coming along he had spoke to some coachmaster or coachman, and he had asked him to buy it, and the coachman told him it was a pity to have such a horse killed; and I told him that I wanted to buy one, and asked him where the horse was, he said he had put him up at the Black Horse in the Old Bailey; I desired him to fetch it; he said it was put up there for a shilling, and he could not get it away without the shilling, I lent him a shilling.

Did not you suspect him? - Not till the horse came, I sent my man with him, and my man and he came together with the horse, I asked him how he came by it, he said it belonged to one Mr. Shaddick of Acton, a farmer, who had sent it by him to be killed, I told him I thought it was a pity the horse should be killed; I asked him what he must have for it; he said he could have 25 s. when it was killed; I told him it was worth more than that, and I begged of him to go to his master, to send a note by him to certify that it was his horse; he left the horse with me and went away, he asked me what I would give for it, and whether it was not worth two guineas.

Was not it worth more? - I do not think it was worth much more; he then left me to go to Acton for liberty to sell it, I took the letter from him, and tried to read it, but I could not, it was so badly written, I told him that was no satisfaction to me, he then said he would take away

the horse, I said no; he then said he would go and fetch his master who was in the Haymarket, and he went away, but instead of bringing his master he brought another letter written much better, I am sure the prisoner is the man that came to me.

Prisoner. I was never out of the country before, I have no friend on this side the world, I was born and bred at Farmberg, in Berkshire.

Court to prosecutor. Did you know him before? - Never.

Court to prisoner. What are you? - A labouring man; as I was coming out of the country I came to Turnham-green, it was ten at night, I asked a man to tell me of a place to lay down, and he took me to a barn and shewed me some clean straw to lay down on, and he left me there a considerable time; then he came and took me out, he had this horse, and he told me to sell it.

Court to the prisoner's brother. What way of life is your brother in? - A carter , he was out of work, I did not come to town with him, I came on purpose on this trial, he has a mother, he never was in town before to my knowledge.

GUILTY, Death .

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

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

Reference Number: t17860531-3

463. MARY SMITH was indicted for feloniously stealing, on the 5th day of May , one pair of leather boots, value 21 s. the property of Charles Taylor , privily in his shop .

CHARLES TAYLOR sworn.

I keep a shoemaker's shop , my goods are openly exposed, on Friday the 5th of this month I lost a pair of boots, they were hanging over the arm of a chair which I keep for customers to sit down in, they were bespoke, I was drinking tea in the back-room, and a young man that works in the shop was sitting close to the shop, the prisoner and another woman who is not in custody, came into my shop to buy a pair of women's leather pumps, the other woman sat down in the chair, she had a child in her lap, the prisoner was standing as close as possible to the arm of the chair where the boots hung, the other young woman had a pair of pumps tried on, I heard some kind of a dispute, and I went out, and she asked me the price, I told her they were three shillings; they bade me two shillings and nine-pence; I said I could not take it; they went out immediately, they went up Lemon-street; I says to my young man, they are a pair not so well made, tell them they shall have them for two shillings and ten-pence; he sat himself down to work, and coming out I missed the boots, I immediately said to the man, them women have the boots; we both went out of the shop in pursuit of them, and in three minutes my man got before me, we could see nothing of them, I saw nothing of them till I got into the shop.

Are you sure that was one of the women that was in the shop? - Yes.

JOHN HENYON sworn.

I am journeyman to Mr. Taylor, I was in the shop; between five and six, the prisoner and another woman came into our shop to buy a pair of leather pumps, I am sure to the prisoner, my master was in the parlour drinking tea, there is a large glass window that looks into the shop, the boots hung on a chair, the prisoner was leaning on the left hand side of the chair where the boots hung, she bid me threepence less than the selling price, after I had fitted her with a pair; my master sent me to tell them they should have them for two shillings and ten-pence, they were two houses off, I did not observe they had any thing particular about them then, and they said they would not have them at all, when I came back my master went into the parlour to drink another cup of tea, and in about three minutes he came out and missed the boots, then he sent me after them, I took both the women in Rosemary-lane, I said nothing to them, they

were coming towards the street that my master lives in, and the prisoner had the boots under her cloak, I was sure she had them, though her cloak was so very much confined I could perceive the heel under her cloak, I clapped her on the shoulder, says I, where are the boots you stole; she said, I have no boots; then she dropped one, and I picked it up, and brought her into the shop, and we found the other boot under her clothes, which I brought into the shop with her; I am sure this is the woman, those are the boots.

Have they been in your possession ever since? - Not ever since, I left them upon my master's table last night till this morning, I am sure these are the boots.

Taylor. I can swear to these boots, my own name is inside.

PRISONER's DEFENCE.

There was a woman with me, and that woman gave me the boots.

Court. Was the prisoner in a situation best calculated to take the boots, or was the other? - I think it was hardly possible the other woman could take them, she had a child on her left arm where the boots hung, and this woman had nothing but a cloak on, and stood as close as possible, and she urged the other woman to go.

What may be the value of these boots? - I valued them at a guinea, the price is twenty-seven shillings.

Court to prisoner. Are you married or single? - Single, my Lord.

What way of life are you in? - I am a mantuamaker .

GUILTY, Death .

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

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

Reference Number: t17860531-4

464. EDWARD PAILD was indicted for feloniously assaulting Ann Wright , spinster , on the king's highway; on the 6th day of May , and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, four printed cotton gowns, value 4 l. and one handkerchief, value 1 s. the property of Elizabeth Probyn .

(The witnesses examined separately.)

ANN WRIGHT sworn.

I am an apprentice to Miss Elizabeth Probyn ; I was coming from her house, in Bishopsgate-street , to Shoreditch with four cotton gowns; she is a mantua-maker ; I was going to deliver them to the person they belonged to; as I was going down by a publick house, the corner of an alley, a man came behind me, and pushed my face into the alley, and took the bundle from me; he came behind me, and dragged me into the alley, and took the bundle from me; it was a tall man; I cannot swear to the man; I did not see his face; he had a great coat on; the prisoner has much the appearance of the man; the gowns were found, but I do not know where; they are in Court now.

JAMES SHAKESHAFT sworn.

Here are four gowns; on the 6th of May I was in company with Mr. Armstrong, another officer; on Saturday night, between nine and ten, we were standing in Pump-court, leading to Gravel-lane; it was about one hundred and fifty yards from the place where the robbery was committed; we heard somebody come running down the alley very hard; the prisoner came with this bundle under his arm; Mr. Armstrong stopped him; he was the person that was running; we asked him what he had got, he said, it was his own things; Mr. Armstrong and I took the bundle from him, and it has been in my custody ever since; he begged he might be let go; I said, I am sure there has been somebody robbed; we took him into custody; he said then, that if we would let him go, he never would do such a thing again, we took him through Devonshire-square, and brought him to Bishopsgate-street, when we had had him in custody three minutes, a gentleman informed us a young lady had been robbed; Harper went and found the young lady.

Ann Wright . I can swear to the gowns, they all belonged to the same person; Mrs. Robinson in Phills-buildings.

Prisoner to Shakeshaft. Did I own to you that I had committed the robbery? - He said, if we would let him go for God's sake, and he would never commit such a thing any more.

ELIZABETH PROBYN sworn.

I employed the last witness to carry home four gowns; these are the gowns; I sent them home on Saturday the 6th of May, at half past nine.

JOHN ARMSTRONG sworn.

I was in company with Shakeshaft; we go this ground two or three times a week; we belong to Mr. Wilmot; I saw the prisoner running by; he came ten or twelve yards towards me, as hard as he could lay his legs to the ground; I clapped my stick; says I, what have you here; says he they are my own property, let me go; says I, (looking at him) I know him, secure his hands; I met a gentleman, says he, have you got a bundle there? I said yes; says he, there is a young lady that has been robbed in Hounsditch; the prisoner repeatedly asked us to let him go, and he would never do the like again; I knew the prisoner before; he never was out of my possession.

Prisoner. Did you know any harm of me? - When we have had unfortunate men at the office, he has frequently come to see whether they were acquitted or discharged.

SAMUEL HARPER sworn.

I was with the other two witnesses; I went to my benefit club, that was the Red-lion in Old Bethlem, near Bishopsgate-church; I was there about a quarter of an hour; I was fetched down, and there was Armstrong and Shakeshaft with the prisoner, and I heard a person say, that the lady that was robbed was then in Hounsditch; I went there, and found her sadly frightened; I told her not to be frightened, I believed we had her property, and the person that took it; she was within ten yards of of the place, where she was robbed; I think it is No. 79.

PRISONER's DEFENCE.

I never saw the lady before; I was by the court; I was coming along, and I saw the bundle laying, and I took it up.

GUILTY, Death .

Prosecutrix. I humbly recommend the prisoner at the bar to mercy .

Tried by the London Jury before Mr. Baron PERRYN.

Reference Number: t17860531-5

465. HENRY PALMER was indicted for burglariously and feloniously breaking and entering the dwelling-house of Francis Kirby , about the hour of two in the night on the 27th of May , and burglariously stealing therein two chaise glasses, value 3 l. 3 s. the property of Samuel Foart Symonds , M. D.

FRANCIS KIRBY sworn.

My house was broke open on the 27th of May last, in the night, on Saturday night; I was the last at the door; I went to bed about twelve; the door and windows were all safe, I searched them about twenty minutes before I went to bed; I was alarmed in the morning by the watchman at three o'clock; I got up immediately; one of the doors was broke open; I immediately entered the place; I searched, and I found two glasses gone; the door communicates from the back part of the coach-house to my stair-case, it is under one roof, and lodging-rooms over it, and bed-rooms over it; the ground floor is made coach-houses of; I live over them, I am a stable-keeper , I keep horses at livery; I found one of the doors of that coach-house broke open; I missed two chaise glasses, I found the two doors open of the chaise; I know nothing of the prisoner; I searched the premises all over, I found nobody there; the glasses were found in the possession of the prisoner the same morning, within I suppose ten minutes after I was alarmed; I did not see them found.

JAMES RYAN sworn.

I am a watchman; as I was calling three o'clock, I saw the prisoner going through Sidney's-alley, and I followed him; I laid hold of him, and asked him what he had.

Court. Was it day-light? - Yes; I saw the prisoner as he came out of Coventry-street, I followed him, and overtook him at the further end of Leicester Fields; he said they were coach glasses, and he found them in Piccadilly; he had two glasses; I took him to the watch-house; I took the glasses to the rotation-office, I kept them in my possession, they are here, I have had them ever since, they are the glasses I found on the prisoner; I know nothing more.

JOHN LOADER sworn.

I delivered my carriage, which belonged to Doctor Samuel Foart Symonds , safe between ten and eleven the night before; I know the glasses, they belong to the carriage; I have examined them, they answer the measure.

Prisoner. I made no resistance at all, I was willing he should see them; I told him they were a pair of coach glasses.

Kirby. I knew the glasses; in the morning, I found these two strings hanging on the side of the door, these two tassels cut off, and they answer exactly; I have no doubt of them being the glasses; my yard runs through from Piccadilly into Castle-street; here is the lock, which one would think was sufficient for a gaol.

PRISONER's DEFENCE.

I found the glasses in a box, and the man stopped me; I told him what they were; he said, you must go to the watch-house; I found them at this end of Piccadilly against the gateway; I am a painter and glazier ; I worked in Portland-street, Soho; my master was here all day to-day, and all day yesterday; I worked with him a good bit, half a year, ever since I have been away from Dover.

To Prosecutor. What may the value of these glasses be? - About three guineas.

That is about the price, to buy them new? - Yes.

GUILTY , Death .

NOT GUILTY of the Burglary.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-6

466. JAMES ROBINSON was indicted for feloniously stealing, on the 8th day of May , one purse containing three guineas, value 3 l. 3 s. three half crowns, value 7 s. 6 d. and seven shillings in monies numbered , the property of James Hossett .

JAMES HOSSETT sworn.

I went with three butts of beer to the ship in the Minories , on the 8th of May, between nine and ten at night; I pulled my jacket off, and put it upon the twopenny cask; the boy came down to draw a pot of beer for me and my fellow servant ; I turned myself about, and saw the boy with my jacket in his hand; as soon as I had placed the butt, I examined the jacket; I missed my purse, which contained three guineas, three half crowns, and seven shillings in silver; he absconded immediately from the house; he was taken up in Oxford-road, and confessed before the Justice he had the money, and had laid it out for clothes.

DENNIS MURPHY sworn.

I took the prisoner the corner of Wells-street, Oxford-street, at eleven at night, with all new clothes on, coat, waistcoat, breeches, and hat; I searched him, and found this silk handkerchief, with seven shillings tied up in one corner of it.

GUILTY

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-7

467. JOHN HALL was indicted for feloniously stealing, on the 7th day of May , a hat, value 1 s. three pieces of callico,

value 3 s. and one handkerchief, value 1 s. the property of John Wightwick .

THOMAS WARREN sworn.

Here are three pieces of callico I found under the prisoner's coat, at a fire that happened at Mr. Gillibrand's on Ludgate-hill, on the 7th of May; the prisoner and another man offered to assist at the fire, and were very handy in helping move people's goods, and appeared to be very assiduous; when we had done at Mr. Gillebrand's, he went to Mr. Shuttleworth's; I saw him with a box, he said, here are some loose papers, I may as well put them in the box; he did so, and upon stooping to put the papers in the box, I saw the callico buttoned up under his coat; instead of taking the box where he had taken the other things, he went up Ave Maria-lane; there I pursued him and took him.

WILLIAM CRAWFORD sworn.

I asked him if he had any thing more; he said, no, he had not; upon searching him, I found a waistcoat in his breeches, and a neck handkerchief in his pocket, and a hat upon his head over his own hat.

(The things produced: the hat deposed to.)

GUILTY .

To be transported for seven years .

The prisoner called two witnesses to his character.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-8

468. THOMAS SMITH was indicted for feloniously stealing, on the 24th day of May , one great coat, value 5 s. three shifts, value 8 s. four pair of cotton stockings, value 8 s. two pair of silk stockings, value 8 s. one pair of ditto, value 2 s. a pair of pockets, value 1 s. 6 d. two pair of pillow cases, value 4 s. and twenty shillings in monies numbered, the property of Joseph Jackson ; one cloak, trimmed with lace, value 20 s. the property of Elizabeth Pepper ; and two silk waistcoats, value 20 s. one shag waistcoat, value 5 s. one dimity waistc oat, value 5 s. one shirt, value 1 s. one pair of stockings, value 1 s. one handkerchief, value 2 s. the property of John Graham Taylor ; one pair of breeches, value 25 s. one waistcoat, value 2 s. the property of Charles Woolley , in the dwelling house of the said Joseph Jackson ; and that he afterwards, to wit, about two in the night of the same day, the said dwelling house feloniously did break to get out of the same .

JOSEPH JACKSON sworn.

I live in Newgate-street ; the prisoner was in my service; he came in February; he went off between the 24th and 25th of May, early in the morning; I got up between seven and eight, as soon as I heard he was gone; I went to the gentleman who recommended him; he informed me I might find him in Ayliff-street, Clerkenwell; I was last in bed on the 24th, and all was fast that night; I found him the next morning about nine in bed; I found a new shirt, and a neck handkerchief, the property of John Graham Taylor .

Did you find any thing of your own? - No, my Lord, there was found a pair of silk breeches, and waistcoat, belonging to Charles Barry .

What did he say for himself? - He appeared stupid, as if he had been drinking.

ELIZABETH PEPPER sworn.

I live at Mr. Jackson's; I was first up on the 25th of May, at half past six.

Did you hear any alarm in the house? - No, my Lord; when I first got up, I saw there was a drawer broke open in the kitchen, and all the mangled clothes which lay on the dresser, and a cloak of my own was gone.

JOHN GRAHAM TAYLOR sworn.

About a quarter past seven in the morning, I missed the things mentioned in the indictment as mine, and all the money in the till.

JOHN PROCTER sworn.

(Produces the things.)

A pair of breeches, shirt, stockings, and handkerchief, deposed to by Mr. Taylor;

Charles Barry deposed to his things, a pair of silk breeches, &c.

REBECCA PEARCY sworn.

I packed up the linen to go to be mangled, and left it upon the dresser.

PRISONER's DEFENCE.

On Wednesday night I went to bed about eleven; I heard a noise in the house; I went up to call my master; I called him twice, but he did not answer; I then went to the room where the two young gentlemen lay, and it appeared to me as if somebody was standing against the door on the inside, and I could not get in; I was then in my shirt; I came down and put these things on; and I found the street door open; and went out; and saw a man in the street, with a bundle under his arm; I pursued him across Smithfield, and there I lost him.

GUILTY, 39 s.

Court to Prisoner. You have been sufficiently fortunate in this instance, that of the breaking out of the house, there is not sufficient evidence to affect your life, and to prove that part of the charge that is capital; for if there had, it is very probable that your Sovereign, however gracious his inclinations are, would not have thought you a very proper subject of mercy; for the fact of a servant getting up in the night, and robbing his master's house is so extremely dangerous to every family, and to the peace and good order of society; that no punishment that the law can inflict can be too severe in this: it is my duty, and the duty of the Court to prevent you from the possibility of doing future mischief, and to sentence you

For transportation to Africa for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-9

496. WILLIAM PLUMRIDGE was indicted for feloniously stealing on the 8th day of May , two teams of white paper, called fool's cap, value 20 s. the property of Benjamin Winkworth .

BENJAMIN WINKWORTH sworn.

I lost two reams of paper on Monday the 8th of May; I am a wharfinger ; I was walking on the wharf, I missed a ream of paper; I found it at Hugh Wilkinson 's in the Borough, an old iron shop.

ROBERT WISEMAN sworn.

I stopped the prisoner with the paper on him at the bottom of the wharf.

JOHN TURNSTALL , constable, produces the paper.

I was sent for to take the prisoner and the paper into custody at Mr. Winkworth's house, I took the paper from the prisoner's coat pocket, I believe this to be my master's paper.

Prisoner. My master promised to forgive me if I told him where the paper was.

Prosecutor. I told him if he would tell me the man that he sold it to and that was concerned with him, he should not be hurt, meaning that I would get him admitted an evidence; he has discovered where he sold it, and who was concerned.

The Serjeant attended, and gave him the best of characters, and said, he considered him to be the best man in the regiment, and that his captain was in the country, or else he would have come himself.

GUILTY.

Recommended to mercy .

To be imprisoned six months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-10

470 JOHN TRAINER was indicted for feloniously stealing, on the 20th day of May , one printed bound book, called an Introduction to the Latin Tongue, valued 1 s. and one other book, valued 1 s. the property of George Rutherford .

GEORGE RUTHERFORD sworn.

I am a surgeon , I had two books that lay in the shop behind the counter, under a desk, and I lost them.

HANNAH KNOCK sworn.

I saw the prisoner take the books off the place about three in the afternoon on Wednesday was a week, he is a chimney-sweeper I told him to come next Wednesday; I saw him take the books, and went directly down stairs and shut the street door, and asked him what he had under his coat, he said nothing; the books were found under his coat.

ROBERT BENSON sworn.

I had these two books with the prisoner, they have been in my possession ever since.

(The books deposed to.)

PRISONER's DEFENCE

I came to ask for some conserve of roles, and going in doors, I found these books; I have nobody to my character, I have no relations.

GUILTY.

He was recommended to mercy .

Privately whipped and discharged.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-11

471. JOSEPH MYRES and ABRAHAM LIOLTO were indicted for feloniously stealing, on the 6th day of May , 30 lb. weight of loaf sugar, value 16 s. the property of John Henlock and William Derees .

JOHN WAINWRIGHT sworn.

On the 6th of May, about half after nine, I saw Joseph Myres come up Coal Harbour, I believe it was the Saturday evening, he had a bag under his arm, he walked sharply; I followed him, he could not carry the parcel he had without dropping it or resting it, he put it down, it was the prisoner Myres; I laid hold of him, and said, what is this you have dropped there; he said he had not dropped any thing; I saw him put it down, I am quite clear in that; he was but about four yards from the place where he dropped it; I looked at it, and it was a loaf of sugar; I left him at the watchhouse; there was a hackney-coach stood where he dropped it; there were two other lumps in two bags, he dropped it about half a dozen yards from the coach; I asked him how he came by the sugar; I went up the lane, and I found Abraham Liolto , and I followed him; to the best of my knowledge he denied knowing any thing of it; he was taken to the Compter; the sugar has been in my custody ever since.

Mr. Garrow, Prisoner's Counsel. You are the patrol? - Yes.

What time of night was this? - About a quarter past nine.

Very dark I believe? - Not very dark.

What is the situation of this place? - It is a narrow lane.

With very high warehouses? - There are high warehouses.

Did you see any woman near this spot? - I did near the coach.

Why did not you take her? - I did not know whether she belonged to them.

Did you see her go away? - No.

Did you speak to her? - No.

Did not Myers say that that woman had left that, and that he had nothing to do with it? - No.

Had you any conversation when you went with Myers? - Nothing in particular.

But in general did you say any thing as to your opinion about it? - I can not say what I said.

Did not you say you was satisfied he was innocent, but you must take him to the Compter? - No, nothing like it.

Had you had any particular directions that night? - No.

Do you know Mr. Laurence Kaylor ? - I know he is a man belonging to the importers.

How long had he been in the service of this man? - I cannot tell; when first I saw Myers, it was about fifty yards off, there were two sides to the lane, he passed me on the opposite side of the warehouse.

THOMAS REYNOLDS sworn.

I am beadle of the watch, the last witness sent for me, I went to the watch-house with the prisoner Myers; he said he knew

nothing of it; I said, if he has a lump of sugar he has some partner; we went round, and there stood a coach, and I called out for the coachman, and there was none; I found two lumps of sugar equal in size with the other, the same number and mark in every respect, I sent to the Bull to enquire for the coachman; and there the coachman came out, and the other prisoner came with him, I do not know his name; I took the coachman and the other prisoner to the watch-house, this man seemed to be acquainted with the other; the coachman said he knew nothing of it; that there was no parcel in his coach when he went into the Bull to drink; and the other prisoner said, he knew nothing of the matter, he said he only went in to drink with the coachman; he did not deny knowing the coachman.

LAWRENCE KAYLER sworn.

I made a chalk mark on the sugar.

JOSEPH MERRISH sworn.

I drove the coach, and stopped to water my horses at Whitechapel, and I went in to have a glass of gin, I saw a boy, and he asked me to have some drink, he said I should have some drink; I told him, says I, I do not mind being two-pence or threepence with you; says he you have no occasion to be in a hurry, for I want a coach for this young man and me to go down to St. Catherine's; going through St. Catherine's, they stopped me at the Black-horse, near the Victualling-office; they had sixpennyworth of shrub and water, and ordered me to Thames-street, and came to the Black-horse, and we all three went in, and Joseph called for a pot of beer and a paper of tobacco, and he went out and came in and filled his pipe, and lighted it and drank, and afterwards went out, the first time he staid five or ten minutes, the second time I never saw him till he was at the watch-house, I suppose he was gone half an hour the second time.

What is Liolto? - I believe he is a coachman ; I do not know how that sugar came into my coach, I am positive it was not there when I went in to drink; there was nothing but a small bundle, which Joseph brought in.

(The sugar deposed to, marked 13.)

That is the number of the day's work, that were made on that day.

Mr. Garrow. Your's is a chalk mark, upon paper? - Yes.

You make that same mark on the others? - Yes.

Is that the way that sugar-boilers mark their work? - Yes.

How many sugar-loaves were marked in the same way on that day? - I believe there were one hundred and seventy.

How old was this sugar? - I do not know; I came to this gentleman three years ago; I was six weeks out of place; I came back before this sugar was missed.

How long before you left them, had this sugar been marked? - I do not know.

Was it twelve months? - A month before I went away.

You cannot tell how much of that make had been sold in the six weeks you was absent? - I cannot.

HENRY CLINT sworn.

There were seventy-eight lumps made in that day's work; we delivered only fifty-five; there was a deficiency of four; three were found here; there is one we have no account of.

Mr. Garrow. Did you deliver this fifty-five? - I delivered them myself, the whole fifty-five.

How do you account for the loss of that which you have no account of? - I cannot account for it.

Court. Open one of these loaves of sugar? - It is marked Number 13; I have not the least doubt but it is the prosecutor's property.

Mr. Garrow. The same mark occurs in other boiling-houses? - There is a possibility of it, without doubt.

Is not there a certainty of it? - There may be a possibility of it.

That shall not be an answer to me, I promise you; upon your oath, do not you

know about it may be so, that the same mark may occur in other boiling-houses? - Yes, Sir, certainly.

GEORGE ADAM HINGER sworn.

I know this is my master's property; I know the number; I made that number, the inside number.

Look at it? - This is my number.

Prisoner Myers. I have nothing to say.

PRISONER LIOLTO'S DEFENCE.

Between six and seven at night, this man came to me, and said he wanted a coach; I told him there was none; he took me to the watering-house, and told the coachman I wanted a coach; the coachman said he would have sixpennyworth of liquor, and this man asked me to ride with him to take share of a pot or two of beer; we went there, and had a pot of beer, and a paper of tobacco; I never saw any thing of him till he came afterwards; I never was out of the coachman's company.

The prisoner Myers called four witnesses to his character.

The prisoner Liolto called three witnesses to his character.

BOTH GUILTY .

Each transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-12

472. BENJAMIN BAKER was indicted for feloniously stealing, on the 9th day of May , one watch, with the inside case made of base metal, and the outside made of tortoiseshell, value 20 s. and one seal, value 6 d. the property of John Leplastrier .

ESTHER LEPLASTRIER sworn.

I lost a watch on Tuesday the 9th of May, off my husband's board, close to his vice, between the hours of eight and nine in the evening; I had just lighted a candle, I was in a little room behind the shop; I heard my son cry out, stop thief! and I saw him have hold of the prisoner's coat, with his foot inside the door, one foot within, and one foot without; my son is in his twelfth year; the man wrenched from the child, and the child never quitted him, nor lost sight of him, till a gentleman took him; I did not quit my shop.

ROBERT LEPLASTRIER called.

I am in my twelfth year.

Do you know any thing about an oath? - Yes.

What ought you to do when you are sworn? - If I tell a lie, I shall go to a bad place.

Do you know more, that you are liable to be punished if you tell a lie after you are sworn? - Yes.

ROBERT LEPASTRIER sworn.

I did not see the prisoner come into the shop; I saw the prisoner going to snatch at a watch that was hanging in the shop; my father is a watch-maker ; I was in the shop standing against the partition; I first heard the chain rattle; I saw the prisoner snatch the watch off the board, facing my father's vice; I ran directly, and caught hold of the skirt of his coat, but he being stronger than me, he rushed from me; I pursued him; I was not above a couple of yards from him till he was caught; the watch was never found, I do not know what became of it, I did not see what he did with it; I am sure I saw him take it; I saw nobody else at the door, but the neighbours said there was.

JAMES PAVLIN sworn.

I know nothing more, than I heard the little boy calling, stop thief! I went down a passage which is opposite to my door; I saw the little boy running after the prisoner, and crying terribly; I ran after him, and brought him to the prosecutor's house; the little boy cried out, that is he, that is he; I saw nobody near, I saw no opportunity of conveying the watch away, except at one turning, and he might be out of sight a quarter of a minute.

PRISONER's DEFENCE.

I was coming along Shadwell, and this little boy ran out of the shop; he was hallooing out, stop thief! I ran after him,

and asked him which way he was gone, and he said, that way; and I run, and this man, I believe he is a baker, stopped me; the little boy said, that is not him; and he ran past us; when he came back, he said it was me.

THOMAS BAKER sworn.

I am the prisoner's father; I bred the prisoner up to my own trade, a cooper ; he is better than fourteen years old, he worked for me till I was lame, and obliged to go to the work-house; now I am out again; he has not been with me lately, the business has been so slack.

What has he being doing? - Sometimes one thing, sometimes another; I was not always with him; he behaved always very well to me at home.

The prisoner called another witness to his character.

GUILTY .

To be transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-13

473. CATHARINE GREATHEAD was indicted for feloniously stealing, on the 8th day of May , two guineas, value 2 l. 2 s. and 8 s. in monies numbered , the monies of John Webb .

JOHN WEBB sworn.

I was at the Plough in Oxford-road, drinking; the prisoner came in, and sat down in the box where I was; she had a pint of twopenny, I had another, I treated her with a pint; there came in a coachman, and her and me got into the hackney-coach; I knew the coachman; this was the 8th of May, about eleven; I had this money in my pocket when I went into the coach with her, and when I got out, I had none; I told the hackney coachman I believed I had lost my money in hustling about the coach; we looked in the coach, and could not find it, and I accused the prisoner; followed her all the way to Dean-street, and charged the watch with her; she said, the man is only a joking with you; I said, I do give you charge of her; she was taken to the watch-house; the constable searched her, and found about eight shillings and some halfpence; I knew I had some silver, but I could not swear to that; the beadle said, he dare say he could find the two guineas; he went in, and told her to pull off her shoes; she directly said, if I would come in, she would beg my pardon, and tell me where the money was; she directly pulled off her shoes, and there were the two guineas and some halfpence.

What did she say when the money was found? - I was not in the room when the money was found, I was in the next place to it; I heard her say, if I would come in, she would beg my pardon, and tell me where the money was, but they would not let me go in.

ABRAHAM BARRIER sworn.

The prisoner was brought to me by the prosecutor, and the watchman; I searched her, and found only some silver; then the beadle came in, and told her to pull off her shoes; she was rather against that; I told the beadle to take off her shoes, and she said, if the gentleman would come in, she would speak to him, and give him his money; the beadle took off her shoes, and I saw the money found in her shoes.

ROBERT BERRY sworn.

She pulled off her shoes, and said she had got it in her shoes; says she, if the man will come in, I will make it up with him, if he is agreeable; there were two guineas and two halfpence.

PRISONER's DEFENCE.

He gave me the silver to go with him in a coach, and then he gave me the gold.

GUILTY .

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-14

474. WILLIAM OLIVER , THOMAS GRIFFITHS , JOSEPH BAGGALLY , and WILLIAM BROWNING were indicted for feloniously stealing, on the 4th day of March last, four wooden boxes, value 3 s. one wooden firkin, value 10 d. and two hundred weight of black lead, value 40 l. the property of Henry Banks , Esq ; and others.

And THOMAS BRAY , EDWARD M'GLEW , and WILLIAM DAWSON , were indicted for feloniously receiving, on the 5th day of March last, the same, knowing them to have been stolen .

There being a mistake in the proprietors names the prisoners were ACQUITTED .

Court. Let them be detained, to be indicted on another indictment.

Reference Number: t17860531-15

475. The said WILLIAM OLIVER , THOMAS GRIFFITHS , JOSEPH BAGGALLY , and WILLIAM BROWNING were again indicted for feloniously stealing, on the 4th day of March last, four wooden boxes, value 3 s. one wooden firkin, value 10 d. and two hundred weight of black lead, value 40 l. the property of Henry Banks , Esq ; Elizabeth Carolina Fox , widow , and others :

And the said THOMAS BRAY , EDWARD M'GLEW , and WILLIAM DAWSON were again indicted for feloniously receiving the same, on the 5th day of March last, knowing them to have been stolen .

(The indictment opened by Mr. Fielding, and the case opened by Mr. Silvester.)

Gentlemen; this mine is at Chiswick; this is a black lead mine; the only mine of that kind either in England, or in the known world; the property therefore is very considerable; and the lead that comes out of it is of great value; it is opened as the consumption requires, every six, seven, eight, or nine years, and then filled up again with water, so that it is impossible that any person can commit a felony there, besides which, there is an act of parliament made for the very purpose of protecting this mine; when the mine is opened Mr. Banks, who is possessed of one half of it, and the other proprietor s, who have the other half in different shares, send two persons to escort it to London; their repository is in Essex-street ; under Mr. Lindsey's chapel, is a large cellar, there is an iron gate, then there is a gate, which goes into the cellar; there are two keys, one kept by Mr. Banks, the other by Mrs. Fox, for herself, and the rest of the proprietors; in the first cellar some black lead is kept, that is refuse; on the right, further in the cellar, is another cellar, in which the black lead, which is afterwards to be disposed of is kept; to that cellar likewise there are two keys; the warehouse for sale is in Fetter-lane; and therefore when they come to this house in Essex-street for the purpose of conveying it, Mrs. Fox always attends, and Mr. Bankes's agent frequently; on the 6th of August last, was the time when this repository was opened for the purpose of conveying a certain quantity of black lead, from thence to Fetter-lane; in Fetter-lane I think the sale is once a month only throughout the year, and that for a certain time; in August, when the last parcel was conveyed, it was locked safe, the key was left with Mrs. Fox, and the other was sent by Mr. Banks's agent to him, and sealed up in a paper, and every thing was left in proper order. On the 4th or 5th of March last, a maid servant observed some foot steps on the snow, and some black dust scattered on this white snow; it did not strike her particularly; but on the next evening a gentleman's servant coming from Mr. Lindsey's, who lives in Essex-street, observed a man within the railling, he had something like a firkin, which he threw down and ran away; another man, which he believes to be Oliver, was seen there, he escaped; upon examining the cellar, they found that the lead had been stolen which you have heard mentioned in this indictment, and out of the cellar where the valuable

lead was, one firkin was carried off, the others were removed, and only that one which was seen by the servant, was conveyed away from the premises; advertisements were put in the papers, and a reward offered for any one that would discover that firkin, as it brings twenty-five shillings in the pound, and being about eighty pounds, it makes the value about 100 l. one of the persons concerned in the robbery made a discovery. Gentlemen, so strong and secure was the door in which this lead was put, that they were obliged to break down the wall. The accomplice Wilford being examined, gave this account: that on the 2d of March, he and those four men, having had information, that a very great and valuable commodity was kept in this cellar in Essex-street, where they might easily do it, as the phrase was; on the 2d of March they went there with an iron crow, which in their way they call a rook, they found this was not sufficient, they got more made; and on the 4th of March, they went, and with force and violence broke open this place; that the first day, on the Saturday, they took out of the cellar these four boxes, which they afterwards sold; but being informed that there was some better, they broke open that door, and were in the act of taking these firkins out of it, if they had not been disturbed; that he was the person who went off with the first firkin, when he came to St. Clement's church, where he was to wait to take a coach, and convey it to the house of the prisoner Bray; that he heard the cry of stop thief, and that Oliver was the person who endeavoured to make his escape. The advertisement likewise went into the hands of a man of the name of Barew; he said, he was applied to by Bray for the purpose of buying some lead, that he applied to a man of the name of Barnet to go with him to see what it was worth; Barnet, who was a deale in pencils, told him that was the common sort, and for the parcel he only offered four guineas; and one of the prisoners, I do not know which, made use of this odd expression,

"d - n my blood, here is a fine rigg indeed, four of us to go to the new drop, for four guineas;" they then told him, on Monday, he should have a better parcel, and when the money was paid, all the prisoners were present. On the Monday they came and sent to Bray's house, and Bray with the assistance of the other prisoner's wife Dawson, brought it from underneath the bed; it was then shewn to Mr. Barrew, and Mr. Barnet, and an agreement was made for it; they then lamented, that they should have had a great deal more; but were disturbed; they then told him, they had been breaking the wall for the purpose of getting into that place, and therefore they were only able to carry off one firkin, and left the rest; but Oliver told them, that he had in fact been boned, or bobbled, or something like that, which was understood to be, that he had been taken into custody, and had been stopped, but had made his escape. Gentlemen, I have only opened the outlines of this case, many facts will come out much stronger; but in regard to the mine, there is none in this kingdom or any other that is known of at present, of the species of black lead; the proprietors once a month, and only once a month, dispose of it to the trade for two hours, and when they come for the purpose, and want it to make pencils of, they toss up who shall have the first choice; in this property, therefore, there will be no difficulty, as to the identity; because it will be in evidence to you that there are no other persons but these proprietors that can be entitled to it. Gentlemen, the evidence against the first four, against the principals, will be the evidence of an accomplice, corroborated in many circumstances, by the evidence of Barrew and Barnett, who were present, and by the evidence of the servant, who will tell you of one person going off with a firkin; some of the property will be produced to you; and Barew and Barnet will tell you, that the prisoners were all present at the time it was shewn them. The evidence against Bray, and M'Glew, and Dawson, will be his; Bray was active in selling and purchasing

this commodity, Dawson conveyed the property from one house to another, and M'Glew also; and there is no doubt but they will come under the description of that offence, of receiving this lead knowing it to be stolen.

(The witnesses examined apart.)

ELIZABETH CAROLINA FOX sworn.

(Examined by Mr. Fielding.)

Who are the proprietors of this lead? - Henry Banks , Esq; myself, Thomas Gilbert , Esq; John Gilbert , Esq; George Perrot , Esq; Andrew Perrott , Esq; Sir Joseph Banks , Bart. Charles Bill , Francis Bill , John Bill , Clerk; Mary Bill , widow; John Rhodes , Elizabeth Snell , and Susannah Frederick .

FRANCIS BILL sworn.

What persons of your name are proprietors of these lead works? - Charles, John, and Mary.

Have any other persons of your name any share in these works? - No, they have not.

To Mrs. Fox. Do you know the cellars in Essex-street that contained this lead? - Yes.

In what manner was it secured? - The door was secured by two locks, one of the keys is in the custody of Mr. Banks; I keep the other key for myself, and the other proprietors; the 2d of August last, I saw this cellar opened, and locked up again.

Was it ever opened since to your knowledge, and by your consent? - No.

Can you speak of any lead being missed out of the cellar, when you was first apprised of this robbery being committed? - I was first apprised of the robbery on Sunday the 5th of March; I came to the place, and saw a vast croud of people, then I went home and got my key, and I found the outer cellar door which opens inwards, forced inwards, the staples were drawn, and the bolts were bent, it appeared to be forced open; the next thing we observed, was the cellar on the left hand was forced open, and three or four boxes missing; the lead I first saw, in the first cellar, was of the best kind, and was brought out of the inner cellar; the door not opening in the same manner that the other did, in order to force the door open, they had been obliged to make a considerable hole in the wall, to get a particular crow in.

How long was this hole in the wall? - More than a foot, and by the means of that hole they had effected that purchase, which opened the door in the inner cellar; we observed several casks to be moved, we saw the place clear where the casks had stood; I was in the cellar the 2d of August.

What quantity of lead was lost? - I apprehend one cask, and four boxes of the best was lost; the casks generally run eighty pounds weight, at twenty-five shillings per pound, which is pretty near one hundred pounds; the lead in the boxes were of an inferior quality.

In what manner is this lead disposed of in your sales? - We have another house in Fetter-lane, where we have a sale once a month, for two hours, it never happens that so large a quantity as a cask sold; I am informed there is none of this sort of lead in England; that house in Fetter-lane is the only one in England in that way.

Mr. Knowles, prisoner's counsel. Do you happen to know Mrs. Snell? - No.

Do you know whether she is at this time married? - No.

What is she? - She was a widow.

Do you know Mrs. Frederick? - No more than by the name.

Is she a widow? - She is called spinster.

How do you know that? - She has always been represented to me as such.

Do you know whether all these gentlemen that are now named are living?

Court. Have you any evidence to prove the men dead, or the women married? - No.

At these sales in Fetter-lane, what quantity is generally disposed of; do you sell to the amount of a cask and four boxes at a time? - No, never.

Francis Bill . I was at the opening of these mines, in May, 1778; I attended it alternately with Mr. Banks's agent; we packed it in butter firkins, and attended it to the Kendal cart, there we delivered it to the London waggons, and took their receipt; I did not attend the delivery, at the waggon in London; when we have taken out the lead, we fill it up with mud, and then let in water, so as to make it impracticable for any one else to work it; then we cover the mouth of the pit with rubbish and stones, and there are locks; besides there is a house over the mouth of the pit, and that is locked up.

Did you attend at the warehouse in Essex-street, in August, 1785? - I did, I locked the door myself, and I gave one key to Mrs. Fox, as I always do; Mr. Banks's agent takes the other; there are two different locks, and two different keys; I went the next day after it had been broke to see the state of the warehouse; the outer locks were both forced, and the cellar on the left hand side was broke; there were the marks where four or five casks of the best lead had been taken away; there were between three and four casks missing; it is twenty-five shillings a pound; the coarse lead may be worth four or five shillings a pound.

HENRY BANKS , Esq; sworn.

There are three keys; I have a key of the outer door, and of the door where the best lead is contained, and of the inner cellar; my agent delivered me the key immediately after the opening, sealed up; I never parted with it from that time; I know it was never in Mrs. Fox's possession; I am not perfectly sure, whether, when I went out of town, I did not leave it sealed up; it was intended we should open the cellar for the purpose of taking out some more head.

EDWARD WHITE sworn.

I am servant to Mr. Gregor, No. 28, Carey-street; on Sunday the 25th of March, I went to Mr. Lindsey's house in Essex-street; at the time we were within the house, we heard a noise, I said, I heard a knocking; the maid said, there was a book-binder at the next house; I had no suspicion of any robbery, coming out, I perceived a man going out of the iron gate, which goes into the street, with something on his back like a barrel, or like a butter firkin; when I came down the steps, I saw a man come out of the cellar door, which is on the right hand; as I came down the steps, I enquired of him, what business he had there, he said, he had only been to ease himself; I told him in these words, as near as I can recollect, that he was a d - nd eternal liar; I immediately went and shut the iron gate within side, and kept myself there; he jumped out over the iron gate; I believe him to be Oliver; I ran after him; he fell down, nobody assisted me, and I lost him in St. Clement's church-yard; I returned back immediately to the chapel, and went and examined the cellar, thinking there might be some more in it, but there was not; when I came to the cellar door, there were two of these bars, and on the right hand, there hung two or three bags; I went into the cellar; there was an old lanthorn with a candle burning in it; I had not been long there, before some people came down to know who it was cried stop thief; I ran into the street, and they told me he was taken; it was a little after eight, and a clear night; I really believe him to be the man, to the best of my knowledge; we were but a trifling time scuffling, I was fatigued with travelling; when I was in Bow-street, I went over to the Bear, and picked him out of a great many people; I believe there might be about twenty there.

Prisoner. Some of the thief-takers persuaded him? - No, Sir; one of the men asked me if I would go the Brown-Bear, and I did, and I looked at the prisoner, and said he was the man; nobody told me.

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

Reference Number: t17860531-15

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 31st of MAY, 1786, and the following Days;

Being the FIFTH 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 V. 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 William Oliver , & c.

LAWRENCE BAREW sworn.

I know Mr. Bray, and Oliver, and Baggally, and Dawson. On Sunday, the 5th of March, between nine and ten in the morning, I met Thomas Bray and M'Glew; Bray asked me if I would buy any blacklead; Bray and I went into a public house, and he shewed me a very small piece of black-lead; I told him I was no judge of black-lead, but I could shew it to a person that was; I drank a glass of liquor with him; it was to be at his house in George-yard, Union-court; M'Glew did not go into the house; I met Barnet, and shewed him the piece of lead I had from Bray; he said it was a good bit, but he could be no judge of so small a piece; we went to Field-lane, and I went to the house of Thomas Bray , and I left Barnet in the street; when I came to Bray's house, there were several people in the house, but I cannot be particular to any of them, except to Mr. M'Glew and Bray, and to the best of my knowledge, Oliver and Baggally.

Was Wilford there? - Not to my knowledge; I told Bray that I could not tell any thing by that bit; accordingly, he gave me some in a paper, near half a pound, a small piece; I then took it out to Barnet, and shewed it to him in the street; he gave me an answer, that he could not tell by that, and must see the whole; I told Bray; he said, is your friend an honest man, and to be trusted with the sight of it? He either supposed it to be smuggled or not honestly come by, by that expression; I understood by that expression, whether the man would give any information; I fetched Henry Barnet to the house; he then took a very bright key, and went to a house a little distance from his own house, and opened a door up two pair of stairs, and there was some lead, the same sort of the sample.

Whose house does that turn out to be? - I cannot say; I have been told it is Mr. M'Glew's, but I never enquired; the other people might follow, but I did not see them; Bray then shewed me this lead. (Produced and deposed to.) There was some in this bag, and some in a basket.

What conversation passed between you and Bray on the occasion? - Bray asked me ten guineas for it in the lump; I never

weighed it; Barnet told me it was a very inferior sort, but nevertheless, give four guineas for it; then Bray agreed that I should have it; then he went down stairs to get some person or other to take it away: after he had been gone down some little time, Mary Dawson came up with a key in her hand, and said I was not to have the lead for that money; I refused quitting the room; and I desired Bray might come up, and let me know what the difference was; he came up alone, and I agreed to give him four guineas and a half; I gave him two guineas in part; Dawson came as a porter to carry it away; he was not employed by me; he took it away; I put the remainder in two handkerchiefs, and the prisoner Buckey, whose name is Oliver, he came in with a handkerchief to carry it along with me, being Sunday; I then gave Bray two guineas, and one of these two guineas he gave to Oliver; Barnet was there; M'Glew was present, but I do not know whether he received any of the money. On Sunday, Bray asked Barnet the difference between the good and the bad; he said, if this is not the good, which is the good? Barnet said it was larger, and cut fine; Bray then asked if we would call on the Monday, and he would get some other; on the Monday morning I called on Barnet to go and lock at a better sort; they came to Bray's house, when Bray brought two parcels, one in an apron tied, and one in a table-cloth, and shewed it to Barnet and me; this was better lead, but not quite the best; Bray asked ten guineas for that; there was between thirty and forty pounds of that; Bray said, upon my asking whether he had got any more, they had like to have had four or five more casks, but they had only got one cask; they had been a matter of three hours at work, and one of them had like to have been taken, and they had broke through a strong wall; I did not agree for the lead, Barnet advised me not to buy it; on the Tuesday evening following I saw Mr. Bray, and he told me he had sold the lead, and made all the money he asked for it, to one Phillips; on Saturday in the afternoon, between four and five, Mr. Barew came to my house; I went with him; Bray said there was a very great noise, and the people concerned in stealing it would be taken; and he advised me to go out of London, and promised to take care of me, if I went out of London; but I gave information; the lead has been under my care ever since.

Mr. Knowlys. Are you any relation to a man of the name of Uzziel Barew? - I am not.

This is not the first time you have been in this Court? - No.

The situation in which you stand is not the only one in which you have appeared here; have not you stood, for instance, where these men stand now? - I do not know that I have any right to answer that.

Mr. Silvester. You must produce the record? - If I have been unfortunate, here is my pardon.

Mr. Knowlys. Then I believe you have stood there? - I admit I did.

What was it for? - I cannot tell particularly.

No good act, I dare say? - I do not think I have any right to tell.

You was convicted? - Yes.

Is that the only time you have appeared here as a criminal? - Yes.

Mr. Justice Willes. I believe I examined you at Lancaster? - Yes.

There was no objection to your testimony? - No; I did it for the good of the public.

Mr. Knowlys. Do you mean to abide by this, that that time was the only time you was tried here? - Yes.

Did you appear against these men, before there was an advertisement of a hundred pounds reward? - No, nor till after, till I found that if I had not appeared against them, they would have appeared against me; I bought the goods on the Sunday, and on the Saturday after I gave the information.

How long after the advertisement? - Four or five days after; I did not give the information particularly for the reward.

In your examination before the magistrate, did you say any thing of seeing M'Glew in Bray's house? - I believe I did.

Prisoner. He never did.

Court. How comes it, it is not here.

Prisoner Dawson. Did not you pay me for carrying it? - He came to me the Tuesday after, and asked me for payment; I told him I thought he was one of the persons concerned in it; he said he was not, and I gave him half a crown; I told Bray, and he said he had no right to ask me any thing about it, for he was his man.

Court. Did M'Glew take any part in the disposal of the lead? - I did not observe him take any part in the business.

HENRY BARNET sworn.

I was met by Mr. Barew; he told me he was coming to look for me; he pulled out a little bit of black lead; that was Sunday morning, the 5th of March; he desired me to go with him; he asked me what I thought of it, and he told me if I would go along with him, he would give me half a guinea; we went to a public house, and had a quartern of gin; I said I could not say any thing to so small a sample; I went with him, and waited at the corner of a court in Holborn, and he brought me about half a pound in a paper; I said I should be glad to see it all; I went with him into a public house, and called for a pint of porter.

Who keeps that house? - I do not know; then he came and called me out, and I went along with him to the house of Mr. Bray; I believe it was his house; and there were all the prisoners, excepting M'Glew, I do not know them by name; there was M'Glew and Dawson I did not see; I am sure all the other prisoners were there, I am quite sure I saw them every one there; when I went from there, I went to a house up two pair of stairs.

Did you see Wilford the evidence there? - Yes, he was in the room, walking up and down the room; there lay half the lead in a basket, and half on the floor; Barew asked him what he would have for it; he asked him ten pounds for it, and he offered him four pounds; then Bray went below, and a woman that he calls his wife came up, with a key in her hand, and said the lads would not let him have the lead for any such money; he said she should go down again; he would not come out of the room till he came up again; accordingly, she went down, and Bray came up, and they agreed to give him four guineas and a half for it, and he gave him two guineas in my presence in the room, and when he gave him the money, we all went below.

Who was below stairs with you? - There was Mr. Barew, me, Mr. Bray, and the evidence, and all the five prisoners; he paid him the other two guineas below, and said he must owe him half a guinea; Barew and Bray went out of Bray's room, and while I was packing it up in handkerchiefs, Wilford said; I believe it was him, or one of them, said, d - n my body! here will be a go, if we are all to be hanged upon the new drop, for the value of four guineas and a half; while I was there, Wilford asked me what kind was the best; I told him it was a fine large sort, and shone like a looking-glass; and they said, d - n it, we will have some of it in the morning for you; in the morning, we called there; I carried part of it home in a basket; when we called the next morning, Bray and his wife were in bed, and we asked him if he had got any of the large, and he shewed us some from under the head of the bed, some in a cloth, and some in an apron, of the good sort, about forty pounds; on Monday I did not see any of the prisoners, but Bray and his wife in the morning.

Mr. Knowlys. You never saw M'Glew at Bray's house? - I never did.

(Some of the black-lead produced.)

ALEXANDER PHILLIPS sworn.

I know Bray and M'Glew; they came once to my house, about eleven or twelve weeks past, to the best of my knowledge; I keep a coffee-house; they called for some coffee; Bray asked me whether I would buy some black-lead; he had a sample; I went with him to a house in Chick-lane, up an alley, into a garret; I cannot say whose house it was; I have been told it was M'Glew's, it is on the left side of a court in Chick-lane; I saw the lead in a sack, I told them to empty it into a flat basket, and I told them it would not suit me, it was not good enough; I wished them a good day; they told me they expected some more, they did not say when; on the morning following, about nine, Tom Bray came to me, with a basket on his shoulder; he came down into the kitchen; there were thirty-three pounds.

Prisoner Bray. I believe it was the witness's brother that carried it? - I saw Mr. Bray, nobody else; I did not see my brother; he asked me eight or nine shillings a pound, I gave him six shillings, there were thirty-three pounds of it; I have sold it to a person that is gone abroad; I shewed it in public sales, there is none of it here.

Court. What might you sell it at a pound? - I sold it at seven shillings and sixpence; I cannot say I ever had any acquaintance or dealings with Bray, I have seen him many times; I never saw M'Glew after the Sunday morning; I paid Bray for the thirty-three pounds, I paid him nine pounds.

Prisoner Bray. Are you to have any part of the hundred pounds reward? - I know nothing of reward; when I saw it in the papers, I immediately went to Bow-street.

Mr. Knowlys. Was there no reward in that advertisement? - I saw none if there was; I did not go up with that intention.

Where do you live? - In Brown's Buildings, No. 6.

LYON PHILLIPS sworn.

I know Bray and M'Glew.

Do you remember seeing them at any time at Alexander's house? - Yes, on Sunday morning the 5th of March, about ten o'clock; they came together, Mr. Bray and Mr. M'Glew shewed Mr. Phillips a sample of black lead; he asked him if he had no more, he said, he had a parcel of it; he told him on the Monday morning to bring the whole; Phillips, M'Glew and Bray went away; on Monday morning Bray came with a basket, which was black lead, they agreed for the price together; it weighed thirty three pounds; I saw Phillips pay him at six shillings per pound, he asked nine shillings; and they agreed for six shillings.

Where do you live? - I am a tenant and boarder in my brother's house.

Prisoner M'Glew. Barew was the fellow that set me on to break the place open, he shewed me the place.

JOHN WILFORD sworn.

Mr. Fielding. Now young man, you are upon your oath, how many of these prisoners do you know? - Oliver, Griffiths, Baggally, and Browning; I was in company with them on the 4th of March, the Thursday night we went to Essex-street, in the Strand, we could not do any business; we had not tools enough; then on the Saturday night, we went and broke into the first warehouse, we all went together, the four prisoners and me, we took with us a thing, that we call a rook, that is an iron crow; we broke into the first warehouse, and we found nothing but old barrels; as we were groping about, we had no light to see, we found another door behind; we had no light at all; after we had broke open that door, they took four boxes and one barrel; Griffiths took the barrel, the other men took a box apiece; Oliver had an apartment at Bray's house, and he thought he had a great right to take it there; and he took it there, and put it out of the boxes into barrels, and put it into that bag; we thought it was not safe there, and I went over and asked one Poll Williamson to let me put it in her two pair

of stairs; she lived in George-alley, Field-lane, about the width of the court; she said, what is it? I said nothing that will affect her; she gave me the key; it was all put there on the Saturday night; then we went again on the next night, and found another barrel; we made a hole in the wall to make a purchase to get the door open, we had a light then, we took it with us in a lantern; we had been at work there two hours, or two hours and a half on the Sunday night, and we were obliged to break down the corner of the wall before we could get this purchase; we found nothing but barrels in that place; I took one and got away with it, and I heard an alarm of stop thief, and I went to the New-church, I fetched a coach and took the barrel to Bray's house; Griffiths had apartments there.

Prisoner Bray. Was I at home then Wilford? - No, I did not see you when I got there, they were there before me; Oliver said to me, that he had been boned.

What did he mean by that? - That he was taken; he said, there was a gentleman coming out of the place, and another at the door, and he escaped, and they took him in Essex-street; the others said, they were glad to see I had got away with it; then I saw Bray, he took some of it in a handkerchief.

Did you tell him how you came by it? - No, I went to the publick-house, he went somewhere else, he came back and asked me if I was willing to take five guineas and a half for it, I asked him if it was sold well, he said, he was no judge of it, I told him if he liked; and he gave me one guinea then, and the remainder the next day.

Was you to have the whole of it to your own benefit? - It was to be divided, Oliver and me being old friends, we kept a guinea apiece, and we divided the remainder between the other men and ourselves.

Did you see any thing of M'Glew? - I never saw him at all; I saw him when he went to Petticoat-lane; they did not tell me who it was sold to.

What did you see of Mr. Bray after this? - I was not present at any of the dealings with Barew.

Upon your oath were all those men with you on this transaction? - The four men that stand first at the bar, Oliver, Griffiths, Browning, and Baggally.

How long have you known Oliver? - Just before Christmas; I have not known any of the others long.

Who proposed this robbery? - A man we call Bowyer.

Bray. That is the brother-in-law of this Phillips.

Mr. Fielding. When did you go before Sir Sampson? - I do not know.

How long after the robbery was committed? - I was taken a week after the robbery was committed, and the next day I went before the Magistrate, on the Monday, then I came to Bow-street; about three or four days after I was taken for this affair.

What has happened between you and Oliver? - We were over the water, and Sir Sampson's men were after us, and a girl we call Black Poll, came and told us to make our escape; I said something, and Oliver made a reply d - n your blood do you speak against the girls, and he let fly at me with a horse pistol, and lodged one of the slugs in my head.

Was Bray at home at the time? - I did not see him.

Did you see M'Glew there? - I did not.

Did you see him in any part of the house where the goods were deposited? - No, Sir.

PRISONER OLIVER'S DEFENCE.

I know nothing at all about it.

THOMAS GRIFFITH 'S DEFENCE.

Other people lodged in the house.

Joseph Baggally . I have nothing to say.

WILLIAM BROWNING 'S DEFENCE.

I am just come from sea from America.

Thomas Bray . I have my defence; if you will be kind enough to let the Clerk of the

Arraigns read it, I shall take it as a great favour.

PRISONER THOMAS BRAY 'S DEFENCE.

May it please your Lordship and you Gentlemen of the Jury, I am not the first unfortunate man whom the machinations of the witnesses who have appeared against me this day, have brought to this bar, and the ignominious situation in which I now stand; and if they have not in this instance, which is far from improbable, been the absolute projectors; they have in too many others, where they have derived the reward they have this day sought, been the first proposers of robberies, of which they have afterwards given circumstantial accounts in this Court, sacrificing the lives of their fellow creatures, either in purchasing the property they had instructed others to procure, or in causing them to be apprehended, which ever best answered their purpose of gain. The evidence Alexander Phillipps is well known to every thief-taker in the kingdom, as a receiver of stolen goods, his family connections all center in the same point, and they have a regular chain for their business; they find out the places for depredation, afterwards become the purchasers of the plunder, and they make their appearance in this Court as evidence against a prisoner for the reward: his brother-in-law and in iniquity, the noted Hetsey Lee , was apprehended for the Great Seal of England, and conviction would have followed, had not the woman who first gave the information been bought off. In fact, my Lord and Gentlemen of the Jury, this very evidence Phillipps, and his connections, could give account of most of the robberies which are committed, and the only reason they do not appear where great rewards are offered is, because they have made considerable more by purchasing of it. The witness Barrew is a man of the same description, and has in this Court been the frequent subject of the severest reprehensions, and the object of condign punishment; and had not the mercy of the law been extended towards him, by admitting him an evidence for the Crown, in a mail robbery two years ago, he would not have wanted what he hopes to derive from my conviction, for he must have met that fate he has involved on many unfortunate men. God forbid that your Lordship, or the Gentlemen of the Jury should receive the testimony of such men, as ye would that of those standing before you, actuated by no mercenary view, but inspired with a laudable zeal for the administration of justice, with that benevolent commiseration a good a man will always feel for an unhappy fellow creature; but I humbly trust in the justice and humanity of this honourable Court, that their scheme to injure me will upon this occasion prove abortive; for I humbly hope that where there are no solid proofs to establish my guilt, you will not pronounce it; and that therefore in this, as well as in every other circumstance of surmise or conjecture; it will be deemed as just and charitable to suppose for, as to suppose against a prisoner: and I trust too, that though a man may be unfortunate enough to have a blemished character, this Court will not allow that he shall be made responsible for offences he never committed; or that a surmise or supposition will be sufficient to supply the place of a chair convincing proof. My being in possession of a sample so immediately after the commission of the burglary may superficially appear a proof I knew in what manner it was procured; but, my Lord, and Gentlemen of the Jury, when you consider, that it is very natural for men, who have procured property dishonestly, to dispose of it as soon as they can, you will not wonder that so immediate an application was made; I was employed in the business merely to procure a purchaser, and the evidence Barrew can confirm this, for I acquainted him so at our first interview on the Sunday morning: it is true, my Lord, and Gentlemen of the Jury, I may merit censure for not enquiring how it was procured; but I hope the want of prudence will not justify the charge of criminality. When Barrew called on Sunday morning with his friend,

he desired to see the whole quantity, as he could better determine, he said, than from a parcel which might have been partially selected; it was shewn him, and in the true spirit of his profession, he offered four guineas, for what I had been instructed to ask ten; and to this I humbly beg to call the particular attention of your Lordship, and the Gentlemen of the Jury, as it carries its own comment. Had Barrew, (whatever he may now insinuate) believed, and he has a very great experimental knowledge in that kind of business, that I knew how the lead was procured, he would have treated with me as a principal; but another circumstance my Lord, and Gentlemen of the Jury, which I have to state, will still strengthen, I trust, the solemn assertion I now make, that I did not know how it was procured, and am consequently innocent of the charge of which I now stand indicted; which is, that when the Crown evidence, Wilford, and the prisoner Oliver indicted for the burglary, were informed what Barew offered, they appeared dissatisfied, and went to him, they concluded the bargain; I was not present, and Barrew took away the lead; but had I been an accomplice in the burglary, I should, as I before observed, have treated with Barrew as a principal; I must observe to your Lordship, and the Gentlemen of the Jury, that Oliver and Wilford slept in a house, rented by a woman, with whom I have some time cohabited.

On the Monday morning, Wilford acquainted me that he had brought some more lead, and requested, that should Barrew call, I would shew it him, and ask en guineas; Barrew did call, and I complied with Wilford's request; he offered four guineas; I told him, as I had the preceding day, that it was no property of mine, that the price fixed was ten guineas, and I could say nothing to any other proposal; Wilford some little time after took away the lead, and I heard no more of the unfortunate transaction until I was apprehended. The witness who has been considered competent to appear in evidence against one man, will not I humbly trust be rejected, when his testimony may be favourable to another, and I therefore hope your Lordship will seek the corroboration of Wilford, to any part he can confirm.

I have now to return my thanks for the very indulgent patience with which the Court has heard my defence; a defence which I trust will secure to me that verdict, which my own heart tells me I deserve: for I am persuaded your Lordship, and the Gentlemen of the Jury, will, when you are considering my case, not forget the characters of those who have appeared against me; and finding their money-interested testimony unsupported by creditable and positive corroboration, not give spirit or encouragement to such nefarious plans, in future, by throwing the reward into their pockets, at the expence of sacrificing an innocent man to the vengeance of the law.

Mr. Knowlys. I was going to submit to your Lordship that there is nothing to call M'Glew on his defence; at the time when this was deposited, it was deposited in the house where these persons lived.

Court. I do not think I should call on M'Glew for his defence.

WILLIAM OLIVER , THOMAS GRIFFITHS , JOSEPH BAGGALLEY , WILLIAM BROWNING ,

GUILTY ,

Each transported for seven years .

THOMAS BRAY , GUILTY ,

Transported for fourteen years .

EDWARD M'GLEW , WILLIAM DAWSON ,

NOT GUILTY .

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

Reference Number: t17860531-16

476. THOMAS WATTS , and LEMON BARBER were indicted for feloniously stealing, on the 1st of April last, one hat brush, value 8 d. three pocket brushes, value 1 s. three mahogany clothes brushes, value 2 s. and one shew glass with

a lock, value twenty shillings , the property of William Bevan .

WILIAM BEVAN sworn.

I lost a shew glass and several brushes; it cost a guinea and an half; it was rather better than new; there were clothes brushes, hat brushes, and pocket brushes; it was in the dusk of the evening; I cannot say the number of brushes; they were all mahogany vaneered; I know nothing of the robbery; I did not miss them till after nine; the shew glass hung on two hooks.

WILLIAM WATERS sworn.

I belong to Justice Hyde's office; I was in the office on Saturday night the 1st of April, and the officer of the parish brought this man in about nine; I saw the prisoner Barber put something underneath the bench, and I looked to see what he was doing, and I saw him put some brushes under the bench, and he had one in his hand; he said nothing how he came by them.

(The brushes produced, and the two large ones deposed to by a private mark, value 2 s. 2 d.)

JOHN PATTEN sworn.

I belong to Justice Hyde's office; I was with the officers going to Drury-lane playhouse, and we apprehended the prisoner and another man as disorderly persons; going through Russel-court the other man escaped; carrying Watts across to Mr. Hyde's, I saw him drop a brush out of his pocket, then I put my hand into his pocket, and took another out.

(The first brush deposed to.)

JAMES ADAMS sworn.

About half past eight o'clock, the 1st of April, going through Russell-court, I saw these men lurking about Mr. Bevans's shop, and they saw me go past, and knew me; and I took the two prisoners; I saw the man take the brushes from Barber.

Prisoner Barber. I was coming through Russell-court, and they took me to the Justice's, and said I had put something under a bench; they found some brushes under the bench.

PRISONER WATTS'S DEFENCE.

Going down Drury-lane, I saw a man going down a place, with a shew glass under his arm, and the glass broke; and these brushes dropped out of the shew glass, and I picked them up immediately, and put them into my pocket.

BOTH GUILTY, 3 s.

Each transported for seven years .

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

Reference Number: t17860531-17

477. PETER SMITH was indicted for feloniously stealing, on the 2d day of January last, six planes, made of wood and iron, value 2 s. 6 d. the property of Lewis Richards .

LEWIS RICHARDS sworn.

I live in Tottenham-court-road ; I am a journeyman carpenter ; on the 17th of January last I lost some planes; they were valued at three shillings; I saw them again on the 11th of April; I believe I lost them on the 2d of April; I saw them at the prisoner's door upon a board for sale; the prisoner is a copper-smith; I believe they are here.

PRISONER's DEFENCE.

My wife bought the tools; I am a brazier and tin man, we keep a little broker's shop -

Court. It does not seem to me that we need put this man on his defence.

NOT GUILTY .

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

Reference Number: t17860531-18

478. The said PETER SMITH was again indicted for feloniously stealing one copper kettle, value 2 s. one plane, value 1 s. the property of Joseph Johnson .

Joseph Johnson called on his recognizance, and not appearing, the prisoner was ACQUITTED .

The recognizance ordered to be estreated.

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

Reference Number: t17860531-19

479. GEORGE MORLEY was indicted for feloniously stealing, on the 19th day of April , two linen sheets, value 10 s. a damask napkin, value 4 s. a damask table cloth, value 10 s. one linen glass-cloth, value 6 d. the property of William Please .

WILLIAM PLEASE sworn.

The prisoner was my servant , he left my service on the 22d of April; we missed one or two of the things, and then found several articles of the household linen gone; he took away a hat that did not belong to him, and that gave us a suspicion; the articles were missing that are specified in the indictment, and a number of other things, they were of the value of twenty or thirty shillings; every thing was recovered again in Oxfordshire; I went to the gentleman at the village from whence the boy came, at Maple Durham, in Oxfordshire; his father and mother live there; I went there, and I met the prisoner in Reading, he past my horse; he went with me to Maple Durham, and shewed me the way; he was committed; the boy told me the things were at his father's and mother's; I found a pair of boots upon him, and a hat which are not mentioned in the indictment.

At the time he made this confession to you, did you promise he should not be prosecuted? - No, Sir, upon my oath.

Did you threaten him into it? - No, Sir, it was a free voluntary act of his own mind, and I am sure he was not intimidated, because he very correctly wrote with a pen and ink, every article I have missed, and more than I had missed.

Did he assign to you any reason why he took these things, or that it was by mistake? - He hoped I would forgive him, he said, it was the first time; I had not a vast deal of conversation with him.

Had he lived any time in your service? - Three months, or thereabouts; I had no reason to suspect his honesty.

THOMAS TRAVERS sworn.

I was constable at that time, of Maple Durham in Oxfordshire; these things I had of the prisoner; I found them in the house of the prisoner's father; the prisoner said they were there.

(The things produced and deposed to.)

Prosecutor. I have brought corresponding articles to every one of these.

MARGARET HOWLETT sworn.

I am the prosecutor's servant; I only swear to these things by comparison, I have compared them all.

Prisoner. My master agreed before the Justice, that I might go for an East India soldier.

GUILTY .

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

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

Reference Number: t17860531-20

480. JAMES GOFF , WILLIAM WOOD , SUSANNAH HUMPHRYS , and PETER , (a black man) were indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Walker , about the hour of eleven in the night, on the 19th of May , and burglariously stealing therein, fifty-four pair of leather shoes, value 36 s. two pair of pincers, value 6 d. three knives, value 6 d. six awls, value 6 d. one bell, value 3 d. a basket, value 1 d. a coat, value 18 d. the property of Samuel Davis ; and four steel watch chains, value 6 d. the property of Joseph Walker .

(The witnesses examined apart.)

SAMUEL DAVIS sworn.

I am a shoemaker ; I lodge at one Mr. Walker's; I have part of a shop with Mr. Joseph Walker ; the shop is under the same roof of the house, my shop goes into Mr. Walker's shop, and from thence into the bed room, the door is towards the street; I left my shop on the 19th of May, about half past eight in the evening; I fastened the door very secure, when I left it, I locked it on the outside, and put the key in my pocket; I bolted the inside, and went through Mr. Walker's shop which has a door to the street; I took this shop

by the week; I have only one window fronting the road, that I fastened by a bar across the window on the outside, and a pin and key to it; I was there the next morning, a little before five; when I went in the shop, I found the wall in the back part of the shop towards the yard was broke down; there was a hole, about two feet long; the wall was brick, and some wood; I missed a quantity of shoes, and all my tools, except two hammers; I called Mr. Walker, and we went to Kingsland-road, to people in the same branch of business; and one Margaret Jones sent me word, and we went and saw a house where they told us the person went into, in Three-cup-alley, Shoreditch; I walked by the door, and saw two of the prisoners talking in the entry together; that was the woman and the prisoner Goff; we got two of Mr. Wilmot's runners, and shewed them the house; we went into the house, and there were two little girls below stairs; and they asked the little girl where the shoes were the man had got to sell; and I saw two pair of my shoes there; the girl said to Armstrong, the shoes that my mammy has to sell are up stairs; we went up stairs, and found part of the property in the room, and the three men prisoners there; one of the officers handcuffed two of the prisoners; we searched them, and on the prisoner Wood we found the watch-chains; the woman was not with them at this time; there were found twenty-eight pair of shoes, besides leather, and other articles.

JOHN ARMSTRONG sworn.

I am an officer in Shoreditch parish, where the prosecutor lives; I met him about seven in the morning; he told me his misfortune, and that Mrs. Jones had described the prisoner Susannah Humphrys to him; I told him to watch the woman, as we were known; I stood at the corner of Three-cup-alley; then I went into the house, I did not see the woman there; I saw some shoes in a box, and the prisoner Wood was looking over them, the other two prisoners were sitting in a chair by the fire-side; I immediately desired them all to come up; they all came up, and we secured the three men prisoners; here are the shoes that we found there, there are twenty-eight shoes.

Prosecutor. Here are fourteen pair of old shoes.

What are these fourteen pair of old shoes worth? - They are not worth twenty shillings; I buy them, and mend them up for sale.

MARGARET JONES sworn.

I keep a broker's shop, I sell old clothes and old shoes; on Saturday morning, which I believe was the 20th of May, a woman, the prisoner, came to me, between seven and eight, with some old shoes to sell; I told her they did not suit me; she carried them away.

SARAH BELLA sworn.

I am landlady of this house in Three-cup-alley; I let the apartment to the woman prisoner; she lodged there a fortnight and two or three days; I was not at home when the officers came in.

JOSEPH WALKER sworn.

Mr. Davis lives in my house; I occupied Davis's house before I let it, it is a part of my shop, I frequently go out at Davis's door; I and my family went to the house; I lost four watch-chains, they were hanging upon a string which Mr. Davis put up to hang his old shoes on; they hung in Davis's shop, they were steel chains, value about sixpence; they were rusty; I heard no noise in the house till Mr. Davis came; I went up stairs, and I found Wood and Peter the black man, and Goff; they were sitting by the fire; I cannot say they were doing any thing; I think Goff was trying a pair of shoes.

What was Wood about? - Sitting still, I think.

Who took up the woman?

Armstrong. I took her in Shoreditch, in company with the landlady, on the information of the man; I found nothing on the woman prisoner.

Prisoner Goff. I was not trying on any shoes.

Armstrong. The prisoner Goff was in the chair by the fire-side, and so was Peter; it was Wood that was by the chaff-box, looking over the shoes.

JOHN HARPER sworn.

I went up after them; I took the chains out of a cupboard in Goff's room, that was over the door; and there was this basket, with these tools and a pair of shoes in it; that was the room where he and the woman lived.

Prisoner Goff. I do not rent the room, I know nothing of the room.

(The things deposed to.)

Court to Sarah Bella . Did you ever see any of the other prisoners come backwards and forwards? - Yes, many times, all three; I have seen the prisoner Goff lay on the bed early in the morning.

PRISONER GOFF'S DEFENCE.

This young woman has washed for me some time; I went there backwards and forwards for my linen; I met her over night, and told her I wanted a clean shirt; she bid me come in the morning, and when I was going, I met her; she said she was going of an errand, and bid me go up stairs, and wait for her; I went up; here is a young man here that knows I had not been there five minutes.

PRISONER WOOD'S DEFENCE.

I took these things up into the room; I got up in the morning, and I went to take a drink at the pump, and I found these things laying at the pump.

PETER the black man's DEFENCE.

I have nothing to say; I was going to look for a man for my master; I am a labourer .

PRISONER HUMPHRYS'S DEFENCE.

I was not the person that carried them; and Mrs. Jones would not have sworn against me, if the Justice had not made her.

Court to Jones. Did not you swear positively against this woman? - I did swear; but I was not willing to be in trouble, because I could not leave my house and family.

JAMES GOFF , alias GOUGH, WILLIAM WOOD , PETER, the black man,

GUILTY, 20 s.

Each transported for seven years .

SUSANNAH HUMPHRYS , NOT GUILTY .

Armstrong. I would not mention it before, but we have tried black Peter three sessions running; and the night before I took him and Goff, I saw them with a long knife in their hand.

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

Reference Number: t17860531-21

481. JOHN JACKSON was indicted for burglariously and feloniously breaking and entering the dwelling-house of Daniel Green , about the hour of twelve in the night, on the 28th of April last, and burglariously stealing therein a man's cloth box coat, value 16 s. a thickset waistcoat, value 12 d. a pair of leather gloves, value 3 d. the property of Charles Winslay Cox , Esq .

WARREN TIPPEN sworn.

I am servant to Charles Winslay Cox , Esq; he has a pair of job horses in the stable of Daniel Green , who keeps the General Wolfe in Oxford-road ; on the 28th of April, I left my great coat in the stable at the General Wolfe yard; the next morning I missed my coat; I apprehended the prisoner; he owned where the coat was; it was found on the 5th of May, in the possession of John Smith , a salesman, in Monmouth-street; I have my gloves; my waistcoat I never have had since, it was lost on the 4th of May; the gloves were lost on the 28th of April, they were in the great coat pocket; I know the prisoner's brother; he has worked in our yard as labourer, and drove a hackney coach for Mr. Green; and hearing of him changing money, and knowing he had done no work for some time, I suspected him, and I took him; and the key

of the gate, which let him in, was found upon him.

JOHN ATKINS sworn.

I belong to the office in Bow-street; I found this great coat at Mr. Smith's in Monmouth-street; he delivered it to me directly; the prisoner himself told me where he had sold the coat; the prisoner was taken, and he fell a crying, and hoped he should not be prosecuted.

Did you threaten, or promise him? - No; it was his own voluntary will.

(The coat deposed to.)

THOMAS SMITH sworn.

I am a salesman in Monmouth-street; I bought this coat of the prisoner, and put the seal upon it at the Justice's.

What did you give the prisoner for it? - Sixteen shillings.

Did you know him before? - No.

Did you make any enquiry how he came by it? - He came very publicly into the street, at four in the afternoon; he had it over his arm; he offered it to several shops; it hung at the door all the week after, I had no notion of its being stolen; the officer came to me, and I fetched it down immediately; it is small sized, it will not fit the prisoner.

What would such a coat as that cost at first? - I suppose about three guineas.

Coachman. The coat never was worn six months.

Smith. Then, you have worn it night and day; gentlemen's coachmen generally have their left-off clothes; we buy better than this; I saw the coat; says I, it is rather too small for you; says he, it fitted me when it was first made for me; and he being a young man, I thought he might have grown.

JOHN UMPAGE sworn.

I know no more than apprehending him; I took him; I asked him if he knew any thing of the coat; he said, no; I asked him where he lodged; he went with me.

PRISONER's DEFENCE.

I have nothing to say.

GUILTY Of stealing, but not of the burglary .

To be transported for seven years .

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

Reference Number: t17860531-22

482. ANN STAINSBY was indicted for feloniously stealing, on the 9th day of May , one linen gown, value 10 s. the property of James Mutley .

The prosecutor went out in the morning between four and five, and pulled to the street-door, and left his wife and child in bed; and the prosecutor's wife ran after the prisoner, and saw her drop the gown.

Another witness saw her drop the gown.

Prisoner. I never saw the gown, till I saw her take it off the stones.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-23

483. DANIEL HIGGINS was indicted for feloniously stealing, on the 16th day of May , one net, called a casting net, value 10 s. the property of James Davidson .

WILLIAM HALL sworn.

On the 16th of May, I was at my master's house; I heard the bell ring in a violent manner; I overtook the prisoner on London-bridge, with the net on his left shoulder; I did not get sight of him directly; Mr. Davidson's house is the last house but one on Fish-street-hill ; he used several oaths and curses, and knocked me down with several violent blows; I believe it was four or five minutes before I got any assistance; I brought him back with the greatest difficulty, as well as danger; I took him to the Poultry Compter; he continued his

outrageous behaviour till we got there; I gave the net to the other witness Collyer.

- COLLYER sworn.

I saw the prisoner looking about some time; I suspected him; I saw him take the net, and go to London-bridge; I told the prosecutor; he was pursued, and brought back; I brought back the net; I am sure the prisoner is the man.

(Deposed to.)

PRISONER's DEFENCE.

A man gave me the net; they used me very ill, and knocked out two of my teeth, and a gentleman, a blacksmith, used me very ill; I was going to Greenland dock; I am a sea-faring man , I never knew any roguery in my life.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-24

484. GEORGE STEVENS was indicted for feloniously assaulting William Martin on the King's highway, on the 13th of May , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, two metal seals, value 1 s. a brass watch-key, value 3 d. part of a steel watch chain, value 4 d. the property of the said William .

WILLIAM MARTIN sworn.

I was standing in Eagle-street , about a yard out of the foot-way, on the 13th of this month, it was about half after eleven; I do not recollect the prisoner said any thing to me; two girls came up to me; I was not to say very sober, nor I was not drunk; I came from the public house; two girls picked me up, and while we were talking, the prisoner and two more came up to me; it was dark; I never quitted hold of the prisoner from the time I first laid hold of him; the prisoner dragged at my watch, by laying hold of the chain; the girls were standing by, when I thought he had got my watch; I missed part of the chain and seals away, and I immediately seized the prisoner; he said he did not rob me; he hit me several times on the head with a stick; I made no struggle at the time I felt him drag it, and by the drag, I did not think I could have my watch in my pocket; he was searched; nothing was found on him.

Can you be quite sure who dragged the chain out of your pocket? - To the best of my knowledge, it was the prisoner; I believe he was the man.

NOT GUILTY .

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

Reference Number: t17860531-25

485. JOHN SHEPHERD , ANN SHEPHERD , and WILLIAM KIRBY , were indicted for feloniously stealing, on the 1st day of May , fifty-seven silk handkerchiefs, value 15 l. the property of John Fraser , privily in his shop .

JOHN FRASER sworn.

I am a haberdasher, linen-draper, and hosier ; I live at Chelsea ; I have seen the prisoners on the 1st of May, between six and seven in the evening; I was up stairs, and was called down, and the prisoner Ann Shepherd was in my shop; John Shepherd stood on the outside of the door, with his great coat over his right arm; I cannot positively say, but loose; the other prisoner, Kirby, was in the shop; and there were some loose silk handkerchiefs on the compter; on my coming down, I rather suspected them; I began to find fault with my wife, in saying why she did not sold up the handkerchiefs which she had shewn them; my wife told me to serve the gentleman with these handkerchiefs; he offered thirty shillings for ten silk handkerchiefs, and Ann Shepherd wished to know if they were the handkerchiefs which they looked at in the morning; he offered me something for a pair of stockings, and they went off without buying any thing; the goods I missed were not on the counter,

but in the window; the distance from the window, where Ann Shepherd stood was three feet six inches; I addressed myself to Mr. Shepherd three times, I begged he would walk in; he said no, by no means, they will soon do their business; Shepherd was with his right hand towards London; I only took time to fold up one piece of handkerchiefs; I thought the bulk of the handkerchiefs was less; I said to my wife, good God! Fanny, where are the other handkerchiefs? I immediately said, I had them this moment; then she said, good God, they are gone! I could not find my hat for a moment; I run towards London, and when I came to the college, I saw two men; they made a dead stop; I passed them, but I thought they were concerned with these people. When I came to Jew's Row, these three prisoners were arm in arm, standing looking at something; I addressed myself to Mr. Shepherd, Sir, I beg pardon for stopping you in this manner, I have some reason to suspect you, I beg you will come back; he said, Sir, I beg you will be very careful in this occasion, for I am a gentleman, I have been brought up to the law; I said, no gentleman will be angry to give an account of himself; they said they had no objection at all to come to be searched; I then took them to the public house, and the beadle of our parish was with me; they were searched, and nothing was found upon them; I let them go; after they had been gone about two minutes, I followed them again, and took them to Bow-street; I said, I beg your pardon, Sir, but you and I will go to Bow-street, to settle this matter; upon which, Mr. Shepherd said, Sir, you are a very troublesome gentleman, take care what you do, I shall prosecute you; the other prisoner, Kirby, said, I was asked to take a walk with this gentleman; Shepherd said, I will go to what Justice I please; I said, no Sir, I am the best lawyer, you shall go to Bow-street; I gave charge of him to the constable; as I was going along, word was sent to me that the prisoner was the noted John Shepherd , that was reprieved under the gallows; I took them to Bow-street, and I fixed the Thursday following to attend at Bow-street, and they were fully committed; my property was never found; I lost fifty-seven handkerchiefs, some four shillings and sixpence, some five shillings, and some five shillings and three-pence a piece; I cannot tell certainly the particulars.

Were they worth fifteen pounds? - Yes, between fifty and twenty pounds.

Did you see them take any thing? - I did not.

Mr. Garrow. There were fifty-seven handkerchiefs? - Yes.

Were they silk? - Yes.

India patterns? - Yes.

You have two or three sorts at least; your stock is not so considerable as in other shops? - No, I wish it was.

Such a quantity of handkerchiefs had considerable bulk? - About the bulk of that book, and about that size.

You suspected the persons you had in your shop? - I did.

Did you, or did you not, watch those persons whom you suspected more than you would persons of whom you had no suspicion? - I did not.

In about half a minute you asked after your handkerchiefs? - Yes; and my wife immediately told me they were in the window; I went out after them as soon as I could find my hat; Jew's-row is about three hundred yards.

Is it in a strait line, or is there any turning? - There are several turnings.

When you came up to them, they were arm in arm, looking at somebody? - Yes.

You found nothing of your's upon them? - No.

Mr. Shepherd desired you to be cautious of what you were doing? - Yes.

He told you that coolly? - Yes.

He said he was of the profession of the law? - Yes.

They said they had no objection to going back? - No.

Now, when you came up to them a second

time, he did not like it so well as the first? - No; in the first place in the shop there is a bit of an iron rail close to the door, this iron rail is to protect the shop from persons who do not come in.

Is there any iron grating, any wire-work? - Yes, to my sorrow, now too late for me, I have put some up.

How far did that iron rail extend into the shop? - About a foot and a half.

Shepherd. If you could refer to Bow-street for the evidence that was given there, you would find great variations; Sir, Mr. Frazer swore, that Mr. Kirby stood next the door, and Ann Shepherd stood on the inside, and that I was in the shop.

To prosecutor. What did you say at Bow-street? - Upon my honour I do not know.

But upon your oath you must recollect? - Upon my oath I do not know.

How long is the robbery ago? - The 1st of May.

Here is your examination on the 2d of May, cannot you recollect how you described this transaction? - I cannot tell.

Court. The examination will shew, you may read it if you think proper.

Mr. Garrow. I will look at it with submission.

Court to Prosecutor. You expressed a surprise at the time you was wrapping up the handkerchiefs, good God! what is become of the India handkerchiefs! were these India handkerchiefs there in the morning? - I saw this parcel of goods in the window, about five or ten minutes before they came in; I saw a heap of goods before they came in, but I cannot say whether they were these India handkerchiefs; it is not a common rule for us to put above one or two pieces of these handkerchiefs in the window, but undoubtedly my wife put them all.

Did you pursue these people in the direct road that leads to London, or how? - I saw them about a hundred yards off; I saw the pockets bulk out, of the man that I passed.

There was no appearance of any connection between them and these prisoners? - Not to my knowledge.

FRANCES FRAZER sworn.

I am wife of my last witness; I remember the prisoners coming to our shop; on Monday the 1st of May, between twelve and one in the morning of that day, as near as I can recollect, came in the two men, Kirby and Shepherd, I had never seen them before; Kirby said, he was recommended by a friend, a neighbour of ours, to buy some silk handkerchiefs, which hung up in the window; I reached them down, they were not the India handkerchiefs; he asked the price, I told him three shillings and ninepence, I said, I would take three shillings and sixpence; he then asked the price of some thread stockings, I asked him two shillings and sixpence per pair; he told me, he would give me five shillings, for a pair of stockings and one of the handkerchiefs, I refused that; then he said, he would come again in the afternoon, and bring his friend, she was a little busy; they then left the shop, and returned in the evening with the woman at the bar; and asked me again to let him look at the silk handkerchiefs which they saw in the morning; I reached them down and called Mr. Frazer down, I told him to go and serve the handkerchiefs, and I would measure the binding, they asked Mr. Frazer the price of the handkerchiefs, he told him three shillings and sixpence; he offered thirty shillings for ten of the handkerchiefs, which he refused; John Shepherd was not in the shop in the afternoon, he stood at the door, the shop door was ajarr, and I repeatedly asked him to come in, he declined coming in, and as we could not take the money for the handkerchiefs they all went away; after they left the shop, Mr. Frazer went to gather up the handkerchiefs they had been looking at, he says to me, where are the India pattern handkerchiefs, I turned about and said, here they are, I concluded they were, I looked, and they were gone; after Mr. Frazer came

down, I stood very near the window, but I was turning round to serve a boy with some thread and binding, and did not much attend to them during the time.

Was it possible they should take such a quantity of handkerchief off the bulk that has been described, when you was so near the window without your observation? - I did not see them take them.

Mr. Garrow. Were these pattern India handkerchiefs loose in the window for shew, or were they tied up in a parcel? - They were folded up.

So that if you had laid hold of them, they would of course come loose, as my handkerchief does now? - They might not.

How many different pieces are there? - There are some three, some five, in a piece, some whole pieces, they amount in the whole to fifty-seven handkerchiefs; I was standing almost close to the window, between my husband and the window; these things were missed instantly, and they were pursued in about five minutes; he was seeking his hat and folding up the handkerchiefs.

It was almost instantaneous was it not? - Yes.

I understand you have no grate or wire-work to protect your counter? - Yes, I had a wire to the counter, to protect the handkerchiefs, but where these handkerchiefs lay, there was not, they were at the end of the wire; it took its beginning from the door jamb, and went to the end of the counter, next the door a foot and a half.

JUDITH SKINNER sworn.

I went out to the next door for some beer for dinner; I some times serve.

Did you shew these people any thing? - Not that day.

Did you see them at any time, and where, before they came in the evening? - Yes, I saw them about half past six in the evening, I went into the shop for some thread.

In what situation did you see them? - They lay in at the window.

At what distance from the door? - About a yard; my Master was up stairs; Miss Shepherd came in, and said, these are the handkerchiefs you looked at in the morning, and Mr. Shepherd stood at the door, with the door a-jar, with his great coat upon his arm; I went into the parlour; I only saw Mr. Shepherd at the door.

Mr. Garrow. These handkerchiefs were about a yard from the door? - Yes, from the door to the counter there is a little wire-work about a quarter of a yard, then there is a glass case; I was in the parlour; there is a glass door; there was a little boy in the shop, a neighbour's boy who keeps cows, very well known; indeed there was another lady in the parlour, and she said, is that one of your sweethearts?

So that it seems you and the lady were looking pretty sharp upon this smart young fellow at the door? - Yes, Sir, I did not know what to think of them.

You thought it not at all improbable he might become a sweetheart? - I cannot say, he was so very smart.

JEREMIAH BUMSTEAD sworn.

I am a constable, I took charge of the prisoners; I took them to Bow-street; going along the road he begged to go to Mr. Hyde's office; I asked him why? he said, he had rather go there, he said, I know the people at Bow-street, but we took him there.

PRISONER JOHN SHEPHERD 'S DEFENCE.

My Lord, if the facts were referred to, you will find there is great variation in the evidence of the prosecutor before the Justice and now; I have nothing at all more to say; we are really innocent of this matter.

PRISONER KIRBY'S DEFENCE.

I leave it to my counsel, I am quite innocent, I know nothing of the matter if I was to die to-morrow.

PRISONER ANN SHEPHERD 'S DEFENCE.

I am quite innocent indeed.

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

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

The prisoner John Shepherd called no witnesses.

ALL THREE NOT GUILTY .

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

Reference Number: t17860531-26

486. HENRY ASSER was indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Earle , about the hour of twelve in the night on the 27th day of March last, and burglariously stealing therein, thirty-seven silk handkerchiefs, value 3 l. eighty-nine linen handkerchiefs, value 3 l. twenty-one muslin handkerchiefs, value 30 s. fourteen lawn ditto, value 30 s. eight yards of lawn, value 16 s. one hundred and thirty yards of Irish linen, value 10 l. twelve pair of cotton stockings, value 30 s. twelve pair of worsted stockings, value 20 s. and one pair of silk stockings, value 10 s. his property .

A second count, For that he being in the same dwelling house, stole the same goods, and afterwards broke the same dwelling house to get out of the same.

JOSEPH EARLE sworn.

I live in the parish of St. Clements Danes ; I am a linen-draper ; I know the prisoner, he was my servant, my shopman ; on the 29th of March a man came and said, he wanted to speak to me, his name is Barnet Levi ; he said there were some goods that belonged to me; when I looked at them, I saw they were mine; I had not missed them before; I went with the Jew to the other side of the New Church, he opened the goods to me; in consequence of the Jew's information, I sent for an officer, and took the prisoner into custody; some of the property had my private mark upon them; I can swear to some, but there is no mark upon the greatest part of the goods; in the stockings we generally sew a little mark, but in these the mark is taken away, but I have no doubt but they are mine, but I cannot be positive; the muslins appear to be different sorts of muslins, cut from different pieces; my house was not broke at all, the prisoner was in my service till the moment he was taken up, the goods were brought back to my house, and there the prisoner acknowledged it; I promised him no favour not a syllable.

Did he apprehend at the time that he made that confession, that he would be brought to justice? - I had sent for the constable an hour before.

Had you threatened him or frightened him into confession? - No, I had not; the confession he made was a free act of his own mind; I said very little.

JAMES TALLBOY sworn.

The prosecutor applied to me, and I came into the back parlour, and while he was talking to me, I saw the prisoner run hastily up into the garret; we pursued him up stairs, and he had got the key to open his box; this was the 29th of March, I said, my friend, leave this to me; he seemed in great confusion and flurry, and I took these things out of his box; here are twenty-five yards of Irish cloth, three table cloths, one pair of silk stockings, two remnants of long lawn, two muslin handkerchiefs, four coloured silk handkerchiefs, these black silk handkerchiefs; the Irish cloth has the mark, the three table cloths have the mark, and on one of the long lawns there is the mark, there is no mark on the silk handkerchiefs; when I got up into the room, he said, here are a few things in the box.

JOHN ATKINS sworn.

I was at the office, and the prisoner gave me information himself, to go to a house in Compton-street, just the corner of Monmouth-street; I went there, and I found two bits of striped muslin, two quantities of handkerchiefs, and five table cloths, eighty-six pocket handkerchiefs; they were all in a box except one piece of cloth, and that the woman gave me; the prisoner told me they were his master's things; it was the house of one Mary Heath ; she is here, she is no relation to the prisoner.

Prosecutor. These four pieces of linen have my private mark, five table cloths,

and one pair of stockings has the mark on, one remnant of tambour muslin has the mark on; one muslin handkerchief has the mark on; I swear these are my property.

Atkins. The prisoner cried very much, and said the things were at this house, and were all his master's property; here are goods that were along with them, that the marks are not on.

Court to Prosecutor. So large a quantity of goods as are now produced, and were found in the custody of the prisoner, must have been taken at different times? - They must.

Atkins. He said he used to take them at different times; he said, after they shut up, he took out a bundle, and then made up a box, and took them to this woman's house.

Court. It is pretty extraordinary to me, that such a quantity of goods as these, should not have been missed by you? - A great part of these goods I had bought only a few days before, and some of them had not been in the house a week; and the next morning after he was taken into custody, I looked round, and the first thing I missed was muslin aprons; these things were kept in my shop; I had not any suspicion of the prisoner before this; I kept him merely almost because I had a very good opinion of his integrity.

Court to Prosecutor. Did you know the connection between the prisoner at the bar and Mary Heath ? - No further than this, she was an acquaintance of a young woman that was an acquaintance of his; he used to be now and then backwards and forwards with this young woman; he told Mrs. Heath he intended going into business in about a fortnight or three weeks, and had desired her to look out for a shop for him; Mrs. Heath was a married woman; he told her, as she informed me, that these goods were some he had met with cheap, and begged to leave them there, and that he brought them there in a hackney coach.

Atkins. She is a woman of very good character, and gave us the things immediately; she gave us more than we knew of, she gave us a piece of cloth.

( Mary Heath was so much frightened, that the Court not thinking her to be a receiver, and she having a good character, did not examine her.)

BARNETT LEVI sworn.

I know the prisoner, I have known him two months, or thereabouts.

How came you first acquainted with him? - He bought a pair of knee-buckles of a young man in the Strand, and told him he had some things to sell; and he told him of me; I keep a slop-shop on Tower-hill, facing the Tower; there were handkerchiefs and a dozen of stockings, and three little remnants of muslin; that was all I know of; my son bought the things in my absence; his name is Levi Barnett , my father's name was Levi.

LEVI BARNETT sworn.

Was you ever in company with the prisoner? - No, my Lord; I never saw him before the time he brought the goods into my shop; I do not know the day, it is a good while ago, it was about the lottery time; the prisoner came to my shop, and he said he was sent by one Mr. Moses; he said he had some goods to sell; I said, my father is not at home; he let me look at them, and laid them on the counter; they were handkerchiefs, stockings, and two or three remnants of muslin; I said, I have no money about me; I gave him forty-six shillings, and I kept the goods, and he said he would call again.

What was the value of the whole? - About four pounds.

Did you enquire how he came by these goods, before you purchased them? - Yes; he said his master broke, and he took them for his wages.

Was you satisfied with that account, without making any further enquiry? - Yes; I purchased nothing of him, but these.

What account did you give to your father? - When he came home, I told him

a man had been there, and had left these goods; the prisoner never called again.

Court to Barnett Levi . How came you to give the prosecutor such information? - The goods were in my house, and the gentleman did not come, and the young fellow who recommended me he did not know him; I asked him the next day whether he knew him; he said, no; I said, I will not thank you for such a recommendation; but as I thought he would come for the remainder of the money, I could do as I pleased; so the young man that recommended him saw him afterwards, and told me where he lived, and I went to inform the prosecutor; I was very much displeased at them for doing that business; I never have been in any trouble in my life, it was in an innocent way, I would have every man to have his own goods again, that is all I did it for.

Prisoner. I am guilty.

Court. There is no evidence of burglary, therefore your verdict must be, stealing the goods in the dwelling-house.

GUILTY, Death . Of stealing the goods in the dwelling-house, but not of the burglary.

He was humbly recommended to mercy by the Jury and Prosecutor, on account of his extreme youth .

Prosecutor. I believe he served me very faithfully for twelve months.

Court. It is only in compassion to his youth that I shall concur in the recommendation; for this is a very aggravated offence, to such an extent as this, from time to time.

Mr. Justice Willes. Was there any one piece of linen that was above the value of forty shillings?

Prosecutor. One piece of Irish is worth more than that.

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

Reference Number: t17860531-27

487. MARK POWELL was indicted for that he, on the 5th day of May , feloniously did make, forge, and counterfeit, and did cause and procure to be falsely made, forged, and counterfeited, and did willingly act and assist in the false making, forging, and counterfeiting, a certain order for the payment of money , with the names Hardcastle and Field thereto subscribed, directed to John Bland , Benjamin Barnet , Samuel Hoare the younger, and John Hill the younger, of London, bankers and partners , for 450 l. 14 s. to John Wilson , or bearer, the tenor of which said forged bill is as follows,

"No. 5th May, 1786. Messrs.

"Bland, Barnet, Hoare, and Hill, pay

" John Wilson , or bearer, 450 l. 14 s. for

"Hardcastle and Field;" with intent to defraud John Bland , Benjamin Barnet , Samuel Hoare the younger, and John Hill the younger.

A second count, for uttering the same, knowing it to be forged, with the like intention.

A third and fourth count, for forging and uttering the said forged order, with intention to defraud Nathaniel Hardcastle and William Field .

(The case opened by Mr. Silvester.)

JOHN ROBINSON sworn.

I am clerk to Messrs. Bland and Co. the firm is Bland, Barnet, Hoare, and Hill.

Have you any draft that was brought to your house? - Yes.

Produce it.

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

Reference Number: t17860531-27

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 31st of May, 1786, and the following Days;

Being the FIFTH 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 V. 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 Mark Powell .

Mr. Garrow prisoner's counsel. Who gave it you? - I received it from an evidence that is in Court, one Mr. Payne; I know it perfectly well, by its being my cancelling; I am perfectly sure that is the draft I received, the draft was brought to me for payment; I asked the person that brought it, whether he chose to have it in bank or money? he said, half in bank and the rest in money.

Court. These transactions are no evidence against the prisoner.

Mr. Silvester. He paid that draft part in notes, and part in cash.

Mr. Garrow. You talk of cancelling it? - Yes.

You cancel with two strokes? - The others do; I make four strokes.

Is there any thing so peculiar in your manner of cancelling that you can venture to swear you paid this draft? - I have a copy of the entry taken by myself, an entry of the partners paid in bank notes; it is my province to pay the money, not the bank notes, the person who brought it, first said, he would have it in money, then he would have it in cash and notes; I am very positive this is the note that was given to me.

Who has had the custody of it ever since? - It has been in the custody of the house ever since; it was delivered to Messrs. Hardcastle and Field, they found it to be a forgery, and we have had it in our custody ever since.

THOMAS CARPMEAL sworn.

I am one of the officers of Bow-street; I apprehended the prisoner at Snaith in Yorkshire; I brought him to town; I was present at the examination of this man the 27th of May.

Was any promise made by the Magistrate or Messrs. Bland, or any person whatever to induce this man to confess? - None that I know of; I saw him sign that; it was read over to him; I saw the Magistrate sign it.

Mr. Garrow. That examination was taken before Sir Sampson Wright ? - Yes, it was.

I take it for granted, that at that time the prisoner was sober? - I fancy he was, I had not been with him to know what he drank.

Did you come with him from Yorkshire? - Yes.

Did he get drunk? - He did not.

Did you, or Macmanus, or any other person that was with you, promise this man, that if he would return the money it was settled? - No, Sir; I was present all the time Macmanus was with him; he is not here, he has not been here to day; nobody else came up with us from Yorkshire.

Have you never heard Macmanus say, that some such thing was intimated to him? - No, Sir, we did not know where the money was till we came to the Justice's.

Prisoner. They promised me a hundred times.

Court to Mr. Garrow. If you, as counsel for the prisoner, wish to call Macmanus to that fact, he shall be sent for? - I certainly wish to call him as my witness.

(The confession of Mark Powell read.)

"Middlesex to wit. The examination of Mark Powell , charged with forging, and publishing an order for the payment of 450 l. 14 s. dated the 5th of May 1786, payable to John Wilson , or bearer, taken before me, S. Wright. Who says, that he has known one Thomas Wilson , who said he lived in Bunhill-row, about six weeks, that on or about the last day of April, he met the said Wilson at the sign of the Ticket-porter, in Cannon-street, who said, he should have a sum of money to receive in a few days, but dare not go to receive it himself, and desired the prisoner would receive it for him; that they appointed to meet on Friday the 4th of May on London-bridge; that on the Wednesday preceding the said Friday, he met the person now present, who calls himself Joseph Payne , on Snow-hill, whom he has known for some years; that he told the said Payne he had a sum of money to receive on the Friday, and desired he would receive it for him, for he had had a quarrel with the clerk and did not like to go to receive it himself; that Payne consented thereto; and they agreed to meet on the said Friday, at the Three Tons in Thames-street; that on the said Friday, the prisoner and Wilson met on London-bridge, when the said Wilson gave him a draft, purporting to be the draft of Hardcastle and Field for 450 l. 14 s. desiring him to go and receive the cash for it; the said Wilson then told him, he had made and forged the said draft on Bland, Barnet, Hoare and Hill; that he went to the Three Tons where the said Payne was waiting, and gave the draft to Payne to receive the money; that he waited till the money was brought; that this examinant offered the said Payne one shilling for his trouble, which he refused, and then they parted; he then went again to London-bridge, and met the said Wilson, and gave him one hundred pounds, part of the money, which was the proportion said Wilson was to have; and three or four days after, he left the money tied up in a canvas bag at Mr. Furman's, No. 3, Hooper's-square, Goodman's-fields; that he changed all the notes for cash, at the house of Messrs. Mildred and Co. bankers, Lombard-street; taken the 22d of May, 1786."

Further examination says, the draft now produced is the same draft mentioned in foregoing examination.

JOSEPH PAYNE sworn.

Mr. Garrow. I object to the examination of this man.

Court. He is competent.

Mr. Silvester. What are you? - I deal in butter; I have known Powell five years; on the 3d of May last I met the prisoner on Snow-hill, about four in the afternoon, he asked me how I did, I told him, I was pretty well; he asked me to have a pint of beer; we had two pints of beer, he paid for one, and I for the other, then I was for going, he asked me which way I was going, I said to London-bridge; he said, he was going to Gray's-Inn-lane but would go back with me; in Newgate-street he asked me where I should be on Friday, if in the city or not, I said, I did not know but I should; I was there every day, he made answer that he had a sum of money to receive on Friday next, at the

banker's in Lombard-street, and he did not like to receive it himself, as he had a quarrel with the clerk, and if I would receive it myself, he would do as much for me; I told him I did not know any thing to the contrary, I would receive it to oblige him. The prisoner said, if you will, I will be much obliged to you, and where shall I see you on Friday, about eleven; I told him I would meet him at the Three Tuns in Upper Thames-street at eleven; I went there, and told the landlord that I expected Powell to meet me; he said he knew him very well; I desired a pint of beer, and I waited three quarters of an hours; I went away, he did not come; I went away, and called again about two; when I came, the prisoner was in the tap-room, sitting with his fellow-servant , who now lives with Messrs. Hardcastle and Field; I said, how do you do? he said, how do you do? I said, is this eleven o'clock! he begged my pardon, and said, if he had not waited out of the rain, he should have been at the time, but he had a good deal of way to come; then we both went out of the house; we came into Lombard-street, we went to the corner of George-yard; he went in there at No. 56, and enquired, and came out, and said it was a few doors lower down; we went to the corner of Birchin-lane; he said, this is the house; he then pulled his book out of his pocket, and gave me a draft for 450 l. 14 s. and I should have it half cash, and half bank; he took a bag out of his pocket to put the cash in; the draft I received from him was the same I paid in to Messrs. Bland and Co. I received two hundred and twenty pounds fourteen shillings in cash, and I received two hundred and thirty pounds in bank; and if the clerk should ask me who I came from, he told me to say a name which I have forgot, and if he asked me where they lived, he told me to say Whitechapel; then he told me he would wait there for me till I came out; I said, very well; I went into the banker's, and put down the draft on the counter; the clerk took it up, and looked at it, and he asked me how I liked to have it; I told him half cash, and half bank, if he pleased; then the bank was brought me in three different notes, and then I had the cash; I weighed some of the cash, and counted it over, and I picked out some that I thought were light, and they changed them for me; I spread the guineas, and weighed some of them, and then put them into this bag that he gave me, and tied it up, and came out; and when I came out, the prisoner was opposite, he came over to me, and asked me if I had got it; I told him, yes; he said, you have been a long while; I said, I have been weighing some of the guineas, and have had them changed; then we went to the Three Tons in Upper Thames-street, and desired a room to ourselves; the landlord's wife went up stairs, and the prisoner followed her, and I followed him into a room up stairs; the prisoner ordered sixpennyworth of brandy and water, and we sat down at the table, and I took out my pocket-book, and gave the prisoner the three bank notes; I pulled out the bag, and turned the cash on the table; the prisoner said, here is somebody coming, cover it over; I put the bag on the cash, and the prisoner took a pocket-book out of his pocket, and put it on likewise; the landlady brought the brandy and water, and went out; the prisoner counted the money, and found it right, he put it into the bag, and put it into his pocket; then he put his hand into his breeches-pocket, and took out a shilling, and laid it on the table; he said, Joe, there is a shilling, I am obliged to you; I said, Mr. Powell, I do not desire any such thing, I will not have it, and the shilling laid on the table a few minutes; I said, why do not you put the shilling in your pocket, and I gave it him, and he put it into his pocket.

Whose servant had he been before that? - He had been servant to Mr. Hardcastle and Field.

STEPHEN GRAY sworn.

I keep this house; I know nothing more

than that these people were at my house; they were in the tap-room first; Payne came first, and asked if Mr. Powell had been to enquire for him; he stopped some time, and desired he might be told he had waited; he went away, and Mr. Powell came in about two, as near as I can recollect; he said he had been detained on account of the weather; they came again about three, and desired a room; I said to Mr. Powell, walk up into the club-room, you know the way, there is nobody there; they went up stairs together, and called for something to drink, but what passed between them, I do not know; they stopped some time, and went away.

JOSEPH FURMAN sworn.

I live at No. 3, in Hooper's-square, Goodman's-fields; I know the prisoner, I saw him the 9th of May last; he delivered into my custody a bag, containing 347 l. 10 s. as marked on the outside of the bag; he said he was going to Yorkshire; that bag was delivered to Sir Sampson Wright ; I have known him about eight months; his general character is a very good one, till this late affair came out.

Court. What did he desire you to do with it? - He desired me to take care of it for him, because he thought it would be safer with me than any where else he could leave it; he said he was going into Yorkshire.

WILLIAM BOWDEN sworn.

I am clerk to Messrs. Hardcastle and Field; I know the prisoner, he was servant in our house two years; he was dismissed from the place of warehouse-man about the 3d of December, but he continued as a weekly servant some time.

Court. Look at that; is that the handwriting of any of the gentlemen? - I do not believe it to be the hand-writing of either of the partners.

Whose hand-writing do you believe it to be? - I cannot say; it is not their handwriting; I have lived in the house almost eighteen years, I know their hand-writing.

Mr. Garrow. How many persons are authorised to draw drafts? - Only the two partners.

But it sometimes happens that other persons, head clerks, for instance, are authorised to draw drafts? - Never was.

What are the gentlemen's names? - Nathaniel Hardcastle and William Field ; they are the only persons that are in partnership; I am not a partner; he was two years in the house; he behaved himself very well in his station, till this business; I had a good opinion of him, I believed him to be very honest.

JOHN LYE sworn.

I am clerk in Messrs. Hardcastle and Field's house, I have been there about nine months.

Whose hand-writing is that? - I cannot say; it is not Mr. Hardcastle nor Mr. Field's, to the best of my judgment.

Have you any belief whose it is? - I really cannot say.

Mr. Garrow. Has it been the practice at all for those gentlemen to sign blank checks, and to leave them to be filled up, as occasion may require? - Never, that I know of.

The same question put to Mr. Bowden.

Mr. Bowden. Never.

(The note read.)

"No. May the 5th, 1786. Messrs.

"Bland, Barnet, Hoare, and Hill, pay

" John Wilson , or bearer, 450 l. 14 s. for

"Hardcastle and Field."

" 450 14 0."

Court to Robinson. You are the clerk to whom, I think, this draft was presented, and who cancelled it? - I did; I have been clerk there seven or eight months; Messrs. Hardcastle and Field were customers before I came to the house; we have several of their drafts.

How came you to pay this draft? - We did not suspect it to be a forgery; I never saw them write.

How came you to pay it at the time? -

We believed it to be a good one, and paid it accordingly.

You thought it like their hand-writing at the time? - I did, certainly.

PATRICK MACMANUS sworn.

I went with Carpmeal.

When you apprehended him, or in your road to London, did either of you tell him that if he would make a discovery, and pay what money he had, it would be better for him? - No, never; nothing of that sort.

Any thing that could intimate to him that it would be better for him? - Not in the least.

Did you at all, or did any body, to your knowledge, before he made the confession in Bow-street, give him any sort of hope of mercy? - Nobody, to my knowledge, in the world.

Court. Mr. Powell, what have you to say in your defence?

Prisoner. My Lord, they told me a great many times, that if I could raise the money any way among my friends, if I had a hundred to apply to, they were come off in such a manner, nobody knew of it; and when we were coming to town on Sunday night, they said, we can lay about twenty miles off, and we shall come to town on Monday morning, and I should go and raise the money; instead of that, we came to Bow-street on Sunday night, and they took me to the Justice's; I was misled by them; I was innocent of the forgery, with respect to the writing, as a child.

Mr. Garrow. I have witnesses to his character, but I do not see it will be material; every body agrees that he bore an excellent character.

Prisoner. As to the confession, they took it down on Sunday night, when I came to town; they gave me a quart bottle of gin, which I drank myself.

Court to Macmanus. Was the prisoner perfectly sober when his confession was taken? - Yes, to the best of my knowledge; he lay in the watch-house all night, and the confession was taken on Monday morning; he was sober when I came on Monday.

Court to Carpmeal. When was the confession taken? - On Monday morning.

GUILTY , Of uttering the note knowing it to be forged, Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-28

488. JAMES GASTINEAUX was indicted for that he being an ill designing person, and of a wicked and malicious mind and disposition, and not regarding the laws of this realm, on the 3d day of May , with a certain pistol, loaded with gun-powder and leaden bullet, which he had, and held in his right hand, unlawfully, maliciously, and feloniously did shoot at Robert Parry , being in the dwelling house of Joseph Gurney , against the statute.

(The witnesses examined separate.)

The case opened by Mr. Silvester.

ROBERT PARRY sworn.

I am servant to Messrs. Richardson and Stevenson, in Bishopsgate-street; they are brandy-merchants; I have seen the prisoner before; I cannot tell how long; he followed me with ten gallons of wine from my master's cellar to our shop; nothing particular passed at that time.

On the 3d of May, tell us what happened? - I went to dinner about a quarter before two, when I came back, Mr. Richardson ordered me to take five gallons of brandy to Mr. Gurney's in Rose-alley Bishopsgate-street ; I took it in a five gallon can; going up the alley, I went into the house and I saw two men following me, I turned my eye round, I heard something touch the can with a stick, and I saw the two men that I had seen before; I was informed, the man that was with the prisoner was a soldier, and did not belong to the excise; he insisted upon knowing what I had in the can; I told him it was no business of his, as I knew; I did not know that either of them were officers; I never saw the prisoner's deputation in my life; I asked this man who sent him out to search

for liquors, and to knock people on the head; and the soldier damned me, and said, he would make me know before I went out of the house; I asked him for his deputation, and whether he belonged to the excise; the soldier said, his name was in the excise, and well known there; I insisted on knowing whether he did or not, then the prisoner said he was an officer, and insisted on having the liquor; I told him, I did not care what he was, he should not meddle with my goods, till I examined it; says I, take it down if you please, I will not take it down for you; he insisted upon having it before that; when I was going up the passage, he ran and stopped me, I had the liquor on my head, I was going out with it again to my master for the permit, because I did not like they should seize it; when I knew Mr. Gurney never had any liquor to my knowledge without a permit; I told him I was not in any great hurry for going out, that my load was not very heavy, or something of that; I stood at the bar for a quarter of a minute; he ran again to me as I was turning to open the door with one hand, and held the can with the other; he came under my arm and collared me and tore my jacket, and between him and me the can fell down; he gave me a push and the brandy fell down; then I looked down and said, you have done a fine job, have not you, says I; I heard some people cry out behind, mind! ever so many I thought; I turned my head round and saw the pistol, and by seeing the pistol close to my body, within about three or four inches, I cannot tell how far it was, I dropped down on my hand, and had my right hand up in the twinkling of an eye; as soon as I saw the pistol, I dropped down, and heard somebody cry out that received the ball; I heard the pistol go off, and felt it wound me in the fore finger of the hand that I held up; I took the prisoner, he lifted up his hand and begged me not to kill him, or strike him; I told the people to take care of him.

Had you before he fired this pistol offered to strike him or hurt him? - I did not.

Had any body? - Not to my knowledge; I lived three years with the prosecutor; I had seen the prisoner before.

Mr. Fielding. Did not you know he was an excise officer, or a custom house officer? - I had seen him about six months before, in my master's shop; I did not know at that time that he was an excise officer , upon my oath.

What made you recollect him again? - Because I had seen the man several times in the street since that.

And did not you know he was an excise officer before this time? - I could not know by any experience, because I never saw his deputation.

Was the other man dressed in his regimentals? - I was told he was a soldier by several people; I cannot say their names.

How many? - I cannot tell how many.

How long was it after you received this information before the accident of the pistol going off? - I cannot tell.

Was it ten minutes? - I cannot tell.

Might it be ten minutes or a quarter of an hour? - I cannot tell; I was told by a porter that he was a man that used to go with other people and take people's loads.

Which man first told you that he came to see what you had about you? - I cannot tell.

Did not that man long before the accident of the pistol, say he was an excise officer? - He did, he said he was an officer; I told him if he had a mind to seize the liquor on my head, he might; it was not my place to take it off; I did not like to give my master's property away.

Why not submit it to inspection, that would not be giving it away? - I did not chuse to take it off my head for any man.

You say Gurney never received any of this commodity without a permit? - Not to my knowledge.

How came you to carry this without a permit? - The truth is, Mr. Gurney

has casks in the cellar and cocks in, and we take his liquor in the pots, and pour it into his casks.

A very considerable time passed between you and the officer, he desiring to see this liquor, and you would not let him? - I told him if you have a mind to seize it upon my head, says I, I will not take down for you; I have no permit about me.

Why would not you satisfy his curiosity? - I know very little of these things.

Why had you any reluctance at all to shew the officer what you had about you? - I said, I would go back to my master with this liquor.

When this brandy fell down between you, did not it go the greater part of it over the prisoner? - I cannot tell that it might go over him.

Did you make no resistance to the officer? - I made so far as this, I took hold of the door, and he collared me, and tore my jacket, and then he gave me a push, and down went the can.

Did not you attempt to get away? - I did not.

What did you say to the prisoner? - Nothing at all, no farther than what I have said before; I had my head down looking at the brandy; when I first saw the pistol; I said, you have done a fine job, have not you? when I heard somebody cry out mind, I turned round and saw the pistol, I dropped down.

Did the man say nothing to you? - I had no hand upon him to my knowledge, we were very near together.

He could have hardly missed his mark? - He did miss it.

But if he had any purpose of shooting you he might? - It was a mercy to me that he did miss it, it was no thanks to him.

Did not he desire you to take care, for he was armed? - Not to my knowledge, I believe I had some of the brandy upon my shoes.

Did not you swear pretty lustily upon that occasion? - I did, because some of it went over my shoes; I did swear pretty lustily.

You did swear pretty lustily? - I do not understand English pretty well.

Did not you swear pretty lustily when this brandy went over you? - I did not.

Just now you told me you did? - That I did swear!

Did you bear yourself quiet and peaceable? - I will say again what I have said before, I take my oath here upon what I do say; I do not suppose there is a man that ever heard me swear for some years together.

Did not you vent some terms of anger against the man? - I did not.

Why did it become necessary for this man to stand upon his defence against you? - That I do not know, there were a good many people about us.

Were the people there who had given you the first intimation about this soldier? - They were not.

Do you know them? - I cannot say I do; I took it as I was told, that he was an officer.

But were not these men that told you this, a part of the mob that surrounded you when this accident happened? - They were not.

How do you know? - Not according to my knowledge.

How many people were there? - I cannot tell.

Was there any one there besides the soldier and officer? - I believe there was, I cannot tell how many; I did not come on purpose to number the people.

Were there many people in the house? - I cannot tell how many, there were people in the house.

How many within a moderate guess? - I cannot tell.

I want to know how many people were there? - It is a question that is impossible for me to answer, I cannot tell how many, I would not affront any body.

Take care you do not affront that oath that you have taken, was there one, two, three, six or a dozen? - I cannot tell.

Have you ever seen M'Gowan before? - I have.

Upon what occasion? - In company with Mr. Gibbs the excise officer, they made a seizure upon me before and used me pretty ill; but I think this is another matter.

Court. I do not think that is evidence, no violence committed at another time, can have any thing to do on this occasion; can it be evidence to state what this man had done before at another time and to another man?

To witness. Had you struck this man before he fired the pistol? - I did not.

Had any body else struck him, or offered any violence? - Not to my knowledge.

Mr. Fielding. Do you know Mr. Chapman, he is a surveyor of the excise? - Yes, I think I do.

Did you ever talk to him about this accident? - Yes, I believe I did, and so far as I can remember, he told me to be as merciful as I could to the poor man; I said, Sir, I must speak the truth, as I spoke before at Guildhall when he was committed, as nigh as I can.

Did not you tell Mr. Chapman that you was convinced at the time that the pistol went off by accident? - I will take my oath a thousand times I did not.

To any body else? - I did not.

Court. Did you ever say to any body, that the pistol appeared to you to have gone off by accident? - Never.

Did it appear to you at the time, that it had gone off by accident? - It did not.

JOSEPH GURNEY sworn.

You are the landlord of the Rose, in Rose-alley in Bishopsgate-street? - Yes; I was present when the prisoner followed Mr. Richardson's man.

Tell us what passed? - I was busy in the bar, my family just gone up to dinner, and I saw the witness come in with five gallons of brandy; I ordered ten gallons that morning; the prisoner followed him, I took no notice, being backwards and forwards; I was busy in the bar; I did not see the pistol go off, I saw the ball cut out of John Turner ; I have the ball; in the tap-room, after I gave charge of the prisoner, he said several times, that he did not want to shoot my man, he intended to shoot the porter; there was a piece taken out of his finger, about the size of a silver three-pence; it grazed the side of Jones, and lodged in the side of another man.

JOHN WILLIAM MERIKE sworn.

I was present at Gurney's house, the man had brought the brandy when I came in; it was the 3d of May; on Wednesday about half past two, as near as I can recollect, I saw the prosecutor stand in the house with a five gallon cask; the prisoner stood by him asking him for a permit, at the same time saying, if he did not shew it him, he would seize it; after I had been in the bar a little time, I heard the porter say, I will go, and you may follow me; I went up a passage that leads into the street; I did not hear any more said, but I heard the cann fall from the porter's head; I ran out and saw the prisoner close by the porter, and I saw him fire a pistol at his head, upon which the ball went into the side of Mr. Gurney's man; I could not distinguish the pistol, because the passage was rather dark; I did not see it till it was fired, after he had fired it at him, they were both secured, the officer and his assistant; his answer was, I did not intend to shoot the man I have shot; I intended to shoot the porter , he has often used me ill in the streets, sneered and laughed, and made defiance; those are the words he made use of.

Mr. Garrow. How many persons were present at the scuffle? - There were a great many people there; there was not one person took part either one side or the other.

FRANCIS BAYLEY sworn.

I produce the pistol.

PETER SALTER sworn.

I saw the prisoner on the 5th of May, when we went before the sitting Alderman, he said, he was sorry that my kinsman was wounded, he said, I did not intend to have shot that young man, for he never offended

me in his life; I intended to shoot the porter; he told me he had affronted him several times in the street.

Court. What are you? - I am a labourer.

What sort of a labourer? - I am a watchman; I never saw him before or since.

Prisoner. I leave my defence to my counsel.

JOHN CHAPMAN sworn.

I am surveyor of the excise; I have known the prisoner two or three years as an officer of the excise; he has conducted himself in that employ always as a good officer in the discharge of his duty; and particularly by a mild disposition to my knowledge, since I knew him, that character he deserves of me ever since I knew him.

Do you know any thing of Parry who prosecutes in this business? - Yes, I have known Parry for some years; I have held a conversation with him on this subject, I think it was the 6th of May.

What did he say of the transaction then? - He said so far as this, that he did not see any thing of the pistol till after it was fired; that was the whole purport of what passed between us.

You have known Parry, you say, sometime? - Yes.

- GIBBS sworn.

I am an excise officer.

Do you know Parry who prosecutes this indictment? - Yes.

Have you reason to know what sort of a man he is, when he meets with excise officers? - I have reason to know by the usage I have had from him in seizing some liquors, that was about six or seven weeks ago; I made the seizure at the right hand side of Middle-row, Holborn; he was carrying some liquor for his present master, he resisted me very violently. I have known the prisoner these three years.

In his duty as an officer, how has he conducted himself? - I never saw him any otherwise; he and I have been together many a day; whenever I have been with him, he gave me the preference to do as I thought proper, he never went rashly; I never heard any other of him, than a humane good sort of a man.

I believe it is very common for you to go armed? - More does, than go without.

You know M'Gowan? - Yes, he has been employed by the commissioners in the business.

JAMES M'GOWAN sworn.

I was in company with the prisoner when the prosecutor was carrying this brandy on his head, he was coming across the street, the officer followed him in, he got as far as the bar, and he looked under his left hand and saw the officer, and he asked him if he had a permit, he immediately answered, d - n your blood what is that to you? accordingly the officer said, he would be satisfied before he would go out of the place; accordingly the man said, did he know who he was; and the other told him he should know before he went out; the man that had the cann on his head, went towards the back door, that goes through; the officer immediately got with his back to the door, the man came towards the bar again; all this time he would not suffer the officer to look at it, and the officer stood over his head and reached out his rule, and tasted the brandy, and told him not to go out till he was satisfied; all this while he made opposition, and would not suffer the officer to examine; then when the prosecutor said, have it he should not, he would lose his life first; the officer stood at the door, and was trying to keep him from going out; when he could not, he kept hold of the cann with his right hand, and wanted to drag him from the door; in consequence of this the porter gave him a blow, and struck the officer and brought him with his knee to the ground.

Court. Do you mean to swear that he struck the officer? - Yes, I do mean to swear it; the officer fell down upon his knee, he recovered again, and the man struck at him again; the man said, if I cannot get it out from you, I will throw it a-top of you, and he took it and poured it

over the excise officer, and it ran down in this manner, and he says to me, what are you about, cannot you assist me in my duty; I went and took the cann off the man's head, and saved about one half of the liquor; then immediately he told him he had fire arms about him, and he caught hold of him, and said if he had not the liquor, he would use him as he pleased; the man made a blow at him, the prisoner stood by, and missed the blow, and the pistol went off at that time.

Could not the prisoner if he had been determined to shoot at him, have shot him? - Yes.

Did Parry make use of abusive language to the prisoner? - He did, he d - ned his blood, and said he knew he was an impostor; he told him at first, if he had not a permit, he would seize it for the King; when he found he could do no more, he was determined to spill the liquor; when the liquor was all running over, it was not till then that he produced the pistol; and even then, Parry aimed a blow at him again; he said d - n you, if I cannot get it from you, I will throw it over you; he held it on his head, and fell a tapping it upon his head.

Mr. Silvester. Then he did not throw the cann down? - No.

Then he threw the liquor over his head and the cann? - He said, he would keep the liquor on his head, but he kept the cann on his head, the cann was taken off by me, he did not throw it down at all.

Did you see Mr. Merricke there? - Not till it was all over; I did not see a man there but the waiter, I have since found the man to be the waiter; I only saw one man in the passage, and he was a little way off; the man that was shot, was within two or three yards; upon my oath, I did not see any one to my knowledge, but one.

Did not you see the man through whose coat the pistol went? - No, not till I went to Guildhall.

Then you mean to swear that he was the only man that was there? - I saw never a man but the waiter, the porter that carried the liquor, and the prisoner; if he had been there, I must have seen him.

Have you given the same account before the Alderman, that you have to day? - I thought it a folly to speak of this before the Alderman, when there were so many people to speak against him; I can give you a very sufficient reason for that.

Did not you say before the Alderman, that the pistol was held within three inches of his body? - No, I could not tell him.

Did not you say before the Alderman, that Parry would have been shot if he had not bobbed down, did not you say before the Alderman, that you stooped to avoid the ball as well as Parry? - I never stooped at all, nor I never said I stooped.

Was the pistol within three or four inches of his body? - I told the Alderman, I did not know how near it was.

Do you mean to say that Mr. Parry struck the officer? - Yes, Sir, I do, a second time he struck him.

Court. Then do you mean to say that there was not a number of people in this publick house? - There is a partition goes between the entries, between the taproom, and the partition door; for that reason, I could not see what was in the taproom.

JOHN BAYLEY sworn.

I know this brandy and the cann were delivered into the excise office, as a seizure; I went with the prisoner and deliver- it in, and then I took the prisoner to the compter.

Court. I shall certainly permit Mr. Silvester to call any more witnesses he may have, to the fact.

THOMAS JONES sworn.

I was at Gurney's house; I did not see Parry come in with the liquor; I saw him after he was in the passage; I heard some dispute happen when I was in the taproom, I heard some few words, and I came out to see what was the matter, and there was a man standing with a cann on his head, and there was an excise officer asking him what he had got there; there were some

few words happened between them, but what they were I cannot say really; I went to the company again, and after I had been in a few minutes, I heard the porter say, I wish you a good day, or something to that purpose; I came in and saw the porter going towards the door to go out with the liquor on his head; the prisoner stood with his back against the door and insisted he should not go out with the liquor, and then the prisoner caught hold of him by the coat, in that struggle the cann fell down on the floor, off his head, I am clear in that.

You are clear that in that struggle the cann fell off his head? - Yes.

Court. Is M'Gowan there? - Yes.

Do not let him go out of Court, I shall want to ask him some more questions presently.

Jones. I cannot recollect what was said, after the cann fell down, but the porter said something, and in an instant the pistol went off and the porter dropped somehow.

Did you hear any thing before the pistol went off? - No, I cannot be certain with respect to that; the pistol went off, and I felt a shock just by my hip bone, I looked down and found the ball had passed through my coat.

You saw the porter attempt to go out? - The person who received the ball and several others were in the passage.

Upon your oath, did the porter strike the officer or not? - I am upon my oath, and I did not see him lift up his hand against him.

Could he, without your seeing him? - I do not think he could.

Mr. Silvester. Did the prisoner draw back, and stand at some distance from him, and did Parry make a blow at him before the pistol went off? - No, Sir, the prisoner could not draw back, because his back was close to the door and therefore he could not draw back.

Mr. Fielding. In the first place you was in the tap-room, and only heard what was going on in the passage? - I could not see the first beginning of it.

At the time you first went into the passage, they were squabbling together? - No, Sir.

What are you? - I am a shoemaker.

How many people were in the tap-room? - I did not count them.

Were there any other people in the passage? - Yes; the person that received the ball stood close to me.

Did he go into the passage before you came out of the tap-room? - I believe he was before me in the passage.

How came it that you returned into the tap-room again? - I might want to drink some beer; I never was in a Court before; I cannot say any other reason, that might be the reason.

Then you heard something again, being in the tap-room? - I heard the porter speak the words, to the best of my knowledge, it was good bye.

Did not you know at that time that the prisoner wanted to examine the contents of the cann the man had on his head? - I believe I did.

Was not M'Gowan at that time between you and Parry and the prisoner? - Yes, he was.

Was not he close up to Parry in the very act of taking the thing off his head? - He was very nigh.

How came it that you are able to speak so exact? - I have no interest in it, only real facts; I did see the porter attempt to pull the door open; I believe there were some words.

Was not the prisoner then persisting in seeing what he had on his head? - I did not see the liquor run over him.

Was he wet at all with the liquor? - I do not think the liquor fell upon him; I was frightened enough at the same time; this was after the ball I thought had wounded me.

Did not you see that man wet with the liquor? - I saw him so in the tap-room, but I cannot say that the cann fell upon him; I cannot tell you how he came wet.

Was not M'Gowan close up to Parry, attempting to take this thing off his head? - He was almost close to him; I do not

say he attempted to take it off his head; it came down with the struggle; the prisoner caught him by the coat, as the man was attempting to pull the door open.

Court. If I understand you rightly, when the porter was attempting to open the door, the prisoner prevented him, seized him by the collar, and in that period of time the cann fell to the ground, and that was before the pistol went off? - Yes, my Lord.

Whether the pistol was wet by the cann falling off, or any other way, you cannot say? - I cannot.

JOHN TURNER sworn.

You was at Mr. Gurney's? - Yes.

Tell us what was the first you saw of this transaction? - I was coming out of the cellar, and the first I saw was this Parry come in with this cann on his head; I saw two men follow him in; I did not know his business, nor any thing of the kind; I heard the prisoner ask him what he had got; Parry said, it was a matter of no consequence to him; the prisoner said, I will soon know, pulling out his gauge; says he, you have spirits; says Parry, I cannot stay to hesitate the matter with you, I must go about my business; he went to go out of the passage; the prisoner followed him, and brought him back again, and told him to set the liquor down; he said he would not; he said they might take it off his head if they wanted it; they staid some little time, I cannot be exact to the time; then he made a second attempt to go out, and the prisoner went under his arm, with the can on his head; the prisoner had his backside against the door, and told him he should not go out; as far as I could see by where I was standing, the man that was with him tried to take the can off his head, and they spilled the liquor between them, but whose fault it was, I cannot tell; as soon as the liquor was spilled, Parry went down to the ground, and said, you have done a pretty job; the cann fell quite to the ground; before the words were out of Parry's mouth, the prisoner put his hand into his breeches pocket, and took out a pistol, and he fired in so short a time, that I could hardly turn my head round; I heard a man say, I am wounded; I made answer, and said, if you are wounded, I have the ball; it went in here, and was extracted from here. (Shews his side.)

Upon your oath, did Parry strike the exciseman at all? - He did not; he could not, without my seeing him; I am sure he did not, upon the oath I have taken.

Mr. Fielding. How far were you from him? - As nigh as I can guess, about half a dozen yards; it is a narrow passage, and three people jumbled together in this passage seemed to me to occupy the whole breadth; the prisoner stood against the door; Parry stood towards the right-hand wall of our house, and the other man stood against the left-hand wall, and between me and the prisoner I saw M'Gowan close up to the man, attempting to take the thing off his head.

EDWARD GRANT sworn.

I was at Mr. Gurney's, I was sitting in the parlour behind the bar; I heard a noise in the bar; I saw the porter, with the liquor on his head; the prisoner demanded the liquor; he would not let him have it; they were contending some time; the porter said, good bye, let it go; immediately after I heard the liquor spill, the man cried, oh, Lord! oh, Lord! I have got the ball.

Did you see what happened after the liquor was spilled and the pistol went off? - I did not; after the prisoner was taken, he said he did not shoot at the man that was wounded, he shot at the other.

PAUL PARRY sworn.

I heard, on the 3d of May, the prisoner demand the liquor from the man several times; the man refused to deliver the liquor, and said, are you an officer? he said he was; he said, shew your deputation; he refused to shew his deputation; says he, I shall not deliver the liquor to you, or any person but the right owner; there were some words for five minutes; says he, I shall go home and fetch the other and the permit; the officer would not let him go

out; the man said he must go home; the officer jostled him, and got with his back within the door, and refused to let the man go out with the liquor, and by the officer's struggling, then the man he spilled some of the liquor; then the officer took out his pistol, and shot instantly; the officer was near to the man as close as he could; he avoided the ball, by stooping, and then his finger was grazed.

Before the pistol was fired, did Parry strike the prisoner at all? - No, Sir; there was no sort of striking on either side; he did not knock him down, only attempting to take the liquor from him, the liquor was thrown down.

Mr. Fielding. Whereabouts was you? - I stood in the passage.

Did you go out into the passage before Thomas Jones ? - He was on one side, and I on the other.

Did you go out of the tap-room before he went? - I am not sure of that.

Then, you must have stood between these men and the waiter? - No, Sir; the waiter was a little to my right hand, nearer to the bar, then I was close to Winkett in the passage.

Was you between the waiter and the man? - No; if I had, I must have received it before the waiter; I stood in the passage, and Mr. Jones was opposite to me; the waiter was rather with his back to the bar; he could not have any more view than what I had; Mrs. Gurney had the view herself, for if she had not been pulled away, she must have received it, in the room of the waiter.

JOHN WINKETT sworn.

I was present, and heard a noise at the bar; I went out to see what was the matter, and there was the officer and the porter standing, with the liquor upon his head; I heard the exciseman ask the porter if he had a permit; he said it was no business of his, he should stand there as long as he pleased; he stood there five or ten minutes; then he went back to the door, and the exciseman followed him; I saw him take a pistol out of his pocket, and present it to the porter; the porter immediately fell down, and the pistol went off.

Before the pistol went off, had he struck the officer at all? - No, he had not.

Mr. Fielding. I proceed to call witnesses to character.

VALENTINE ATWOOD sworn.

I am surveyor of the excise; I know the prisoner, he has been an officer with me about nine months; I have not known him longer than that; during those nine months I have had an opportunity of observing his conduct and character; he always behaved very well, in a very upright manner; a tender and good kind of man as can be; we seldom go out without arms; the head which the smugglers had made, makes it perfectly necessary; I always took him to be a very inoffensive, tender man.

Court. It is very proper that excise officers should go armed.

CHARLES CROSS sworn.

I live in Primrose-street, an apothecary; I have known him from his birth; always a very industrious clever young man, and very honest.

What is his character as to humanity? - Quite a humane man, quite so.

DOROTHY HANDLEBY sworn.

I have known him twenty-five years; I lived sixteen years in that family; he was almost continually, both as a child and youth and a man, backwards and forwards; with respect to his general character, as to humanity and good-nature, all that has been said of him by the last witness is exceedingly just; I never knew him do an ill-natured action; I never saw him, either when a child or a youth, to torture a fly.

THOMAS GARDNER sworn.

I live in Old-street, Cloth-fair; I am a cabinet-maker; I have known him five years and a half; he is a particularly humane benevolent man; I have had some opportunities of knowing him in that respect, and always took him to be so.

CHARLES MIDDLETON sworn.

I live in Shoreditch; I am a surveyor of

the excise; I have known him near four years; I look upon him to be a very good officer, a very humane good man; that is the character I shall always give him.

JOHN BAYLIE sworn.

I am an assistant to the excise; I have known him about three years, he always behaved in a very quiet, civil, peaceable manner; I take him to be quite a good-natured man.

Mr. Fielding. From the particular circumstances of the case it becomes us as counsel for the prisoner, to offer some idea by which this could have amounted to no higher a crime than manslaughter, if it could have amounted to that, in case death had ensued in consequence of this transaction: My Lord, I take it that the crime of murder is only then compleat; when there is a time for the mind to operate and discover its malignity, amounting to what the law calls malice prepense; the other definition that of manslaughter, is that which arises from sudden provocation, from a natural gust of passion, without any antecedent malignity of the mind; if therefore there be clearly before your Lordship on the evidence a situation where the man is only acting in the discharge of his office, not betraying any of that malignity, but provoked on the sudden, and on that sudden provocation he acts, and death follows his act, then it will amount to the crime of manslaughter; we therefore contend, that if death had ensued, the circumstances of this transaction would not have betrayed any of that deeper malignity, that the circumstance of firing, would have been that energy of the mind arising from a sudden gust of passion: your Lordship has very well said already, that the circumstance of having the pistol about him, does not raise any imputation at all upon him; being therefore proved to have had a reasonable cause for the commencement of this transaction, going on in the execution of his authority, and being resisted, and this liquor being proved to have come over him, a cause arises for that resistance; and that accident might very well provoke a sudden gust of passion; if death had ensued, that sudden gust of passion would have taken out the deeper guilt of murder; if there be an accident in the case, and the pistol had gone off by accident, he will not be guilty even of manslaughter; if the Jury are convinced that it went off by accident, then there will be an end of the charge altogether; but supposing it should happen that more credit is given to the witnesses for the prosecution than to M'Gowan; even in in that case the witnesses on the part of the prosecution cannot have established any other crime than that of manslaughter, supposing that there should ultimately be such contradiction; still there will enough arise out of that evidence to build substantial circumstances upon, that the man was acting in the execution of his duty, that he was resisted, that there was every degree of resistance made to him, namely as to the search, under this resistance, there is a cause for the mind to grow more and more enraged, than if there was no obstruction made to the execution of authority; and there is the other accident in, of this liquor being thrown over him; M'Gowan says, who is the only witness that could know any thing of that transaction, that it seemed to be done on purpose; then that accident would assist the idea, and I should think that the present instance could by no means have been carried further than manslaughter if death had ensued.

Mr. Garrow spoke on the same side.

Court. I am clearly and decidedly of opinion, that there is nothing in the objection, and I shall give my reasons in my address to the Jury.

Gentlemen of the Jury, the prisoner is indicted for an offence that is made capital by an act of parliament, he is indicted, for maliciously and wilfully shooting at Robert Parry , that is the short charge in the indictment, and that is the description of of the offence from which the legislature of this country has thought it proper to take away the benefit of the clergy to any person that shall willfully and maliciously shoot at any person in a dwelling house,

or in any other place; the offence is wilfully and maliciously shooting, and it is necessary for me to state first to you, what appears to me to be clearly law on this act of parliament; the offence is described in very few and very clear words, and this clause in the act of parliament, is one instance, among many, how much preferable the short, clear, distinct definitions of offences which we meet with in some acts of parliament are, to the very perplex ones you meet with in others; I cannot explain it more clearly than in very few words of the act of parliament itself, it is maliciously shooting at a person; now it is upon the word maliciously, which is the very essence of the charge that I ground the opinion which I have declared, and from which, nothing as yet has induced me to depart; which is, that no shooting under this act of parliament; where death does not ensue, will be a capital offence within the act of parliament which would not have been murder if death had ensued; that I conceive is a principle that clearly follows from the word maliciously rightly understood; an accidental shooting is not within this act of parliament, because it is neither done willfully nor maliciously; a shooting in the heat of passion upon such ground of provocation as the law makes allowance for, is not within this act of parliament, because it is not a malicious shooting.

GUILTY , Death .

Court. Let the witness M'Gowan, who is positively convicted by five witnesses, be committed to Newgate, to take his trial for perjury.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-29

489. CHARLOTTE GREEN and SARAH LEE were indicted for feloniously assaulting Johnathan Jackson on the king's highway, on the 1st day of May , and putting him in fear, and feloniously taking from his person, and against his will, one leather bag, value 1 d. twenty-four guineas, value 25 l. 4 s. seven half guineas, value 3 l. 13 s. 6 d. and thirty shillings in monies numbered, his property .

JONATHAN JACKSON sworn.

I live at No. 14 in Gray's-inn-lane; I buy bacon from the waggons and sell it again ; on the 1st of May, about half past ten at night, I called to get a glass of gin at the Red-lion, the corner of Red-lion-street ; there were two or three women at the door followed me in, and asked for a glass of gin; I saw one of the women in the house, that was the prisoner Green.

Had you any conversation with her? - No, not in the least, I left the house in three or four minutes.

How much gin had you there? - I do not know, I paid nine-pence.

Was you drunk or sober at that time? - I was not drunk.

Was you quite sober? - I had been spending my evening at Cow-cross with a waggoner; I was sober enough.

What became of you after? - I went out to go home to bed.

Are you a married man or a single man? - A single man; I had got about forty yards from the place, and the two prisoners came one on each side; it was a bright night; I had seen the prisoner Green before; they asked me if I would go and drink any more any where, I said, I was going home to bed, I would not go any where; in a minute's time I thought I felt my coat slip on one side, and I was looking first on one side, and then on the other, and I found my purse was gone; they ran away, and then I suspected them; I took out my purse at the Red-lion to pay, it was seen there.

What was in your purse? - Twenty-eight pounds, as near as I can guess, there were some half guineas, and twenty-two guineas, and thirty shillings in silver.

There was no violence used to you? - No, nobody else was near me; it was done in a minute; the prisoners were off before I perceived I had lost my purse; but I felt my pocket lightened of it.

Mr. Garrow, prisoner's counsel. Did

you know Charlotte Green before? - I knew nothing of her before, but I might have seen her before.

Had you seen her before that evening? - I had seen her before that evening.

Do you know where she lodged? - No.

You immediately made a hue and cry about this? - Yes.

The woman went down Featherstone-buildings? - Yes.

You had been supping with the waggoner? - Yes.

How long might you have been drinking with the waggoner before you got to the Red-lion? - 'Till about ten.

What liquor might you have had? - About two or three pints of beer and ale.

Had you any spirits? - No.

How many glasses of gin at the Red-lion? - I did not keep any particular account, not above three glasses.

Was not you very beastly drunk? - I was not.

Did not Mrs. Sparrow see you? - Yes, she keeps a publick house.

Was you or was you not very drunk, that is my question? - I was not.

Do you know a young lady of the name of Horne? - No.

Was not there such a body in custody for taking your purse? - No, there was not.

Was not such a person taken up? - She did not come to me; I did not take her up.

How many times were the prisoners examined? - Three times.

Was you always positive to Green? - Yes.

Was not Horne examined? - I do not know.

Did not Charlotte Green come to the watch-house of her own accord to ask for her? - It was Green that took the money from me.

Have you always said that now, my honest friend? - It was Green as much as I know.

And you have always said so? - Yes.

How long was Christiana Horne in custody on this charge of robbing you? - I do not know any thing about it.

Did not you go with Horne after you had left these girls? - No.

Was not Horne one of these girls you treated with gin? - I do not know.

Do not you know that every night of her life in Holborn she boasts that she did you, and that you favoured her and took Green instead? - I cannot help what she says.

Have you never heard it? - No.

You go and shake your purse at them pretty often, do not you? - No.

You have none to shake now? - No.

You never found your purse nor your money? - No; I fancy some of it was found, I found none.

MARY SPARROW sworn.

I keep the Red-lion, the corner of Red-lion-street, Holborn; the prosecutor came in with two girls, Charlotte Green , and Christiana Horne , it was about half after ten or near eleven, as near as I can tell.

Was he drunk or sober when he came in? - I did not take a deal of notice, I thought him rather in liquor.

Was it the 1st of May? - I cannot say positively; nothing particular happened, they called for gin, and I served it; they might stay about ten minutes, the two girls that came in with him went out with him.

Had they any particular conversation? - None particular; he pulled out his purse and gave me a shilling to change; I gave him his change, he put his purse in his coat pocket; then they went out together, he returned in a very little time and said he was robbed; he said, the girl in the pink ribbon, that was Charlotte Green .

Had you observed before that Green had a pink ribbon? - Yes, I had seen her with pink ribbons.

Did you observe her that night to have pink ribbons on? - Yes, she had.

Did he say how much he was robbed of? - Yes he did, but he did not say right in that, he said it was more than it was.

Mr. Garrow. How long have you known Jackson? - As long as I have kept the house, by sight; he very seldom used it; I have bought a joint of meat of him.

I take it for granted, you sell very good gin, and if a man is drunk before he comes, three or four glasses will make him more drunk? - I cannot tell, I never tried it; they had nine glasses of gin between them; I never saw the other prisoner Lee; I am sure Horne was there.

Did you attend the examination of these women before the Magistrate? - Yes; they were twice examined before Justice Walker, and once at Clerkenwell; he attended the two first, and so did I.

What information did you get at the last that you did not at the two first? - None in particular; they were all three examined.

Did you recollect Horne as one of the persons that had been at your house with him? - I cannot tell that.

Do not you take it, that when he left your house, he was very drunk? - I did not observe that particularly.

SAMUEL HARPER sworn.

On the 1st of May, between eleven and twelve, the prosecutor and another man came into the watch-house near Red-lion-street; the prosecutor said he was robbed by two women, and produced directions he said the man gave him; and the beadle said he knew the girls; Jackson said one was a tall thin girl, marked with the smallpox, and the other was a short thick girl; and the beadle and the two watchmen went to seek for them; the beadle knew where Green lodged; we did not find her; when we came back, we went to the Red Lion, that was shut up; we then went up Holborn, almost as far as Queen-street, with intention to find these girls, but we did not find Charlotte Green ; but Sarah Lee we did find, she was near Queen-street, and some women near her; I said to her, what do you do here? and she said some little word, and then she said, I know who has done it; I said, then you are a proper person to go with me; so we took her to the watch-house; this, I look upon it, was about twelve; we searched her when she came to the watch-house, and found four or five halfpence upon her, that was all; when we returned to the watch-house, Green was there; she was come with the old woman with the key; the old woman generally brings the key to the watchman, and leaves it there; the mother of the prisoner Lee is the wife of Lee the watchman, and Green lodges at that house; and the prosecutor was at the watch-house, and said, this is the person that robbed me, and that was the one that was with her; I do not think he was drunk, nor I do not think he was properly sober; he had certainly been drinking, there is not a doubt of that; I searched Green, and found two half-crowns and one or two shillings: a suspicion arose, on the 3d of May, of Lee's mother, and we searched her house, and there was found three guineas and some silver in a drawer; that was the day after the hearing; Horne was taken up, and I believe Green said she was the girl that was with her.

Mr. Garrow. So, Jackson always persisted that these were the women that were with him at Mrs. Sparrow's? - Yes; I understood clearly, when he charged these two women, that they were the two that were drinking at Mrs. Sparrow's.

What sort of a girl is Horne? - Very like Lee in size; I never found his bag any where.

Did you see Jackson sign this before Justice Walker; Jackson says that he went into the Red Lion alehouse, and two women, namely Charlotte Green and Sarah Lee , upon which he treated them with a glass of gin each.

Prisoner Charlotte Green. I leave my defence to my counsel.

PRISONER LEE'S DEFENCE.

That gentleman came to me, and said they were after somebody for a robbery, and they took me to the watch-house; I

never mentioned the words who did him; when I went into the watch-house, there was Mr. Jackson and a man, both very much in liquor; says Jackson, I cannot say whether that was the woman in company with me; the next day, he swore I drank at the bar with Charlotte Green , and that Horne was never in company.

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

The prisoner Lee called one witnesses to her character, who said, if she and Horne were both together, one could not be known from the other.

CHARLOTTE GREEN , GUILTY .

To be imprisoned twelve months in the House of Correction .

SARAH LEE , NOT GUILTT .

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

Reference Number: t17860531-30

490. ELIZABETH JONES was indicted for feloniously stealing, on the 27th day of May , one cotton gown, value 13 s. the property of Richard Bland , privily in his shop .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-31

491. JOHN STOREY was indicted for feloniously stealing, on the 29th day of May , one leather bridle, value 2 s. the property of William Young .

The prisoner was taken with the bridle upon him.

GUILTY .

To be transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-32

492. ANN SMITH and ELIZABETH BAYLEY were indicted for feloniously stealing, on the 22d of May , four silk handkerchiefs, value 10 s. the property of Abraham Underdown and James Underdown , privily in their shop .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-33

493. JOHN DAWES , ROBERT ESTER , and STEPHEN WILLIAMS , were indicted for feloniously stealing, on the 13th day of May , one hundred pounds weight of lead, value 18 s. the property of our Sovereign Lord the King .

There being no evidence against the prisoners, they were all three ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-34

494. ELIZABETH CONNELLY was indicted for feloniously stealing, on the 13th day of March last, one cloth coat, value 30 s. the property of Owen Jones .

OWEN JONES sworn.

I live in Rosemary-lane, No. 3 ; I lost my coat out of my room the 13th of March, about seven in the afternoon, when I came from work; I saw it there in the morning, when I came home to breakfast; I put it into my box with my own hands; I found it afterwards in Mr. Madden's house, who keeps a clothes shop; I know my coat, I never wore it, it was only fitted upon me; there is a different button underneath the flap to what there is on the breast.

(The coat produced by Whiteway, and deposed to by the prosecutor.)

Jones. The prisoner lived in the house with me, in the next room; she was taken the Saturday following; the morning after I brought this coat from the taylor's, the prisoner came in, and saw the coat, and said she liked it, because it was not made in a flashy manner; my window was broke, and three panes of glass broke, and the frame broke so as to let any person through.

WILLIAM BELLONY sworn.

I am shopman to Mr. Madden in Rosemary-lane; I do not know the woman at all; I came to prove buying the coat of Mrs. Dunn, who attended yesterday, but now, I believe, is in labour; she deals in old clothes.

WILLIAM WHITEWAY sworn.

I am an officer; I had a search warrant, and went to the house of Mr. Madden, an old clothes man in Rosemary-lane, and there I found this coat; it has been in my possession ever since.

PRISONER's DEFENCE.

The man that brought me the coat is an acquaintance of Mrs. Jones, the prosecutor's wife, she sent him in one night when I was very busy, for fear I should see him, with five pair of silk stockings; on the 14th of March, after Mrs. Jones went out, they were drinking all day, on the Wednesday, he asked me to go and make him a little money on that coat; he went to the Magpye, and bid me ask twelve shillings, and that he lent half guinea; and I gave him the half-guinea and the duplicate; John Taylor is his name; I used to wash for him, while the prosecutor's wife was in New Prison, for stealing pots; I carried it to Mrs. Dunn, who is a very honest woman.

GUILTY .

To be imprisoned six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860531-35

495. WILLIAM otherwise JAMES BROWN was indicted for feloniously stealing, on the 27th day of May , two pair of cotton stockings, value 6 s. the property of John Fieldsend , privily in his shop .

Mr. FIELDSEND's Shopman sworn.

I live with Mr. Fieldsend, he is a linen-draper and hosier ; the 27th of May, the prisoner came into the shop about one o'clock, and asked to look at some ribbed stockings; I do not recollect ever seeing him before; I saw my fellow-servant shewing him some stockings; his name is Benjamin Shaw ; when he had shewn two pair, he called me forwards; he desired me to go on the other side of the counter, for the prisoner had concealed two pair of stockings; then the prisoner ran out of the shop; he threw down four shillings upon the counter for a pair of stockings he had bargained for, but he did not take those stockings; we pursued the prisoner, and took him; I saw the stockings in his pocket, as he went out of the shop. (Produced and deposed to.) They cost three shillings and sixpence, they were not at all the worse.

Mr. Garrow, Prisoner's Counsel. May not stockings of that goodness and quality be purchased at sales cheaper than these? - I do not think they might.

Might not a person, by mistake, take up these two pair, instead of the pair he bought? - I should think not.

- SHAW sworn.

Deposed to the same effect.

WILLIAM MARSH sworn.

I am a groom; I saw the prisoner run down Oxford-street, and Mr. Shaw pursued him, and cried, stop thief! it was on Saturday; I saw the prisoner throw away a pair of stockings, I picked them up, they were ribbed cotton.

Prisoner. I wish to call witnesses to my character.

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

Reference Number: t17860531-35

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, HEAD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 31st of MAY, 1786, and the following Days;

Being the FIFTH 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 V. 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 otherwise James Brown.

MAJOR ARROWBIN sworn.

The prisoner lived with a brother-in-law of mine in the years 1778-79, and 1780, as a servant , during which time he bore the best of characters, and my brother had the highest opinion of him; he lived very frequently at my house in the country, where he had frequent opportunities, if he had been a dishonest man, of pillaging me of plate and other things; I had one, two, three, four, and five hundred pounds worth of plate; I entertained a good opinion of him till this unhappy event; he has come to my house lately in town; I understood he had married a very decent woman; he has very often dined at my house, and my good opinion of him continued to this very period; I never heard the smallest impeachment of his honesty. My reason for attending here was, I understood that from a particular likeness to some individual, a man of a very notorious character, he might be mistaken; and I meant to identify his person, and say his name is Brown; he has gone by the name of Brown ever since I have known him, and I knew him at that period I have mentioned; I knew so much of him, as to exclude the possibility of his being a notorious bad character.

GUILTY Of stealing one pair of stockings, value 3 s. 6 d.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860531-36

496. WILLIAM LLOYD was indicted for feloniously stealing, one box-coat, value 40 s. the property of the Right Hon. Earl Bathurst .

The prisoner was taken with the coat upon him.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-37

497. MARY DIXON and MATTHEW BROWN were indicted for feloniously stealing, on the 21st of May , one cotton counterpane, value 2 s. two pillowcases, value 12 d. two flat irons, value 12 d.

a tub, value 4 d. two knives, value 4 d. and two forks, value 4 d. the property of William Bilan , being in a lodging-room let by him to the said Mary Dixon and Matthew Brown , against the statute.

A second count, for feloniously stealing a pair of linen sheets, two tin canisters, two silver tea-spoons, value 2 s. a brass kettle, value 12 d. one brass canister, value 2 d. the property of the said William Bilan .

WILLIAM BILAN sworn.

The woman came to take the lodging about three weeks ago; she did not come till the Saturday following at eight o'clock, and before ten she was gone, and the lodgings stripped; the prisoner Brown was with her, he followed her up stairs; they were both gone before ten o'clock; we found the sheets on the woman at one Dixon's, a pawnbroker in the Strand; she was carrying them to pawn; we found nothing else upon her; the man was waiting for her at the front door; the rest of the things were brought by another woman: after the prisoner was brought before the Justice and committed, the prisoner Brown came to her, and brought her a glass of brandy and water; he was taken, and denied any knowledge of it; I said I could swear to him; then the Justice called the woman who brought the things, and asked her who brought them, and she said, him, in the presence of Brown; he then confessed he was a confederate with her and he begged for mercy for the woman, and he would take all the punishment upon himself.

Prisoner Brown. Are you sure you saw the prisoner that night come into your house, and go up stairs? - I am.

- ADAMS sworn.

These things were put into my possession at the office.

(The things deposed to.)

THOMAS WHICHMARSH sworn.

I saw the woman prisoner at the pawnbroker's; she had the things in her handkerchief; the prosecutor stood at the back door, I went in at the front door; she was then in the slips.

Prosecutor. I saw her throw them down.

PRISONER MARY DIXON 'S DEFENCE.

I was to give her four shillings and sixpence a week; I told her I was in great distress, on account of a child dying; that I could not come till next week; she said I was welcome to make any use of the things in her room, so as I replaced it in the next week; I told her I would replace it on the Monday morning; the prosecutor said, if I could get four or five guineas, he would never appear against me; I wrote him a letter when I heard that, that if it pleased God, when I had got my liberty, when it was in my power, I should make his wife a present.

PRISONER BROWN'S DEFENCE.

I never was near the place; I went to give her a glass of brandy and water, when she was committed; there are two gentlemen of the Jury that know me perfectly well.

Serjeant THOMAS BROWN sworn.

I am in the third regiment of Guards; I am no relation of the prisoner; he has been in the company. I belong to, three or four years; I know him well; his character has been exceeding good with us, and he brought an exceeding good character from General Elliot's Light Dragoons; he was a serjeant in that regiment.

MARY DIXON , MATTHEW BROWN ,

GUILTY .

Each transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-38

498. WILLIAM PEARCE was indicted for feloniously stealing, on the 17th day of May , one piece of ivory, value 16 s. another piece, value 1 s. 4 d. another piece, value 1 s. 9 d. another piece, value 9 s. 9 d. the property of Nathaniel Gardener and James Priest .

JAMES PRIEST sworn.

The prisoner confessed taking my ivory, and he told me that was the first he had ever

taken from me; I told him he was a servant I had put a deal of trust and confidence in, and there was no doubt but he had robbed me exceedingly; he was continually in our house; he confessed taking them on the Wednesday.

JAMES WOODLAND sworn.

I am journeyman to the prosecutors, they are in partnership; I am employed to saw their ivory; I swear to one of the pieces of ivory.

JOSEPH SMITH sworn.

I produce the ivory; I received these four from the prisoner, and the large piece my apprentice bought the day before, when I was in the country; his name is Henry Aistrop .

HENRY AISTROP sworn.

I know this piece of ivory; I saw it before; the prisoner brought it to my master on Tuesday the 16th.

(The ivory deposed to by the Prosecutor and his man.)

Prosecutor. It is an article in which we may be robbed of three or four hundred a year, and not know it, till we make up our accounts.

Prisoner. I have nothing to say; I was very much in liquor.

GUILTY .

Transported for seven years .

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

Reference Number: t17860531-39

499. GEORGE FLETCHER was indicted for feloniously and burglariously breaking and entering the dwelling-house of Dudley Bagley , about the hour of seven in the evening, on the 18th of March , and feloniously stealing therein two pair of men's leather boots, value 3 s. three pair of shoes, value 2 s. one shoe, value 6 d. a woman's shoe, value 1 d. a knife, value 2 d. a pen-knife, value 2 d. one shoulder-stick, value 1 d. his property .

DUDLEY BAGLEY sworn.

I live at Mr. Good's, Edward-street, Portland-chapel ; I have an apartment in his house; on the 16th of March last, between seven and eight in the evening I went out and locked the shop door, I put the key in my pocket, before I came home, my wife came and told me the shop was robbed, I went immediately and found it so, I found some of the shoes on the ground, one shoe in particular with the name with-inside Miss G. Frankland; I returned to my shop about eight, there was a pair of boots, with the name Robert Beckford Esq; wrote withinside; another pair of boots, with the name lieutenant Lane on the inside; there was two pair of women's leather shoes, and another pair of stuff shoes which had no name.

- COOPER sworn.

I bought this pair of shoes of this prisoner, who is a cobler; he sent to me and told me he had a pair of cheap shoes which he could sell for two shillings and sixpence.

(The shoes deposed to.)

PRISONER's DEFENCE.

I bought the shoes and boots, and some old leather, the man asked me half a crown, and I gave him two shillings; and I soled and heeled them shoes, and sold them to that gentleman.

GUILTY of the Felony only .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-40

500. GEORGE BUCKLEY and FRANCIS OTHELLO were indicted for feloniously stealing, on the 23d day of May , ten pounds weight of leaden pipe, value 14 d. belonging to John Stephens , and affixed to his dwelling house, having no claim, title, or claim of title thereto .

A second count, for feloniously stealing, on the same day, one boiling copper, value 20 s. belonging to the said John, affixed to a certain out house of the said John.

A third count, for feloniously stealing, on the same day, one iron frying pan, value

1 s. one padlock, value 3 d. his property.

JOHN STEPHENS sworn.

I live in Great Warner-street, Coldbath Fields ; on the 23d of May, at four in the morning, I was called out of my bed; I came into the yard, and found the copper gone out of the brick work, and taken into the back yard; its value was twenty shillings; I found a piece of lead pipe laying close to the wall of the dwelling house, it appeared to be just fresh cut off; I found the padlock which fastened my place wrenched off close to the side of the gate in the yard, and the frying pan I found in the copper; I went to the watch-house and saw the prisoners there.

JAMES STEEL sworn.

I was watchman at this time; I was upon duty; and the prisoners came by between three and four, they said good morning; I watched them and spoke to them; one of them was standing against the wall, and they made over the wall as soon as I spoke, and came through a house, and I took them at the door.

MARY BOAK sworn.

I was alarmed about four in the morning by the watchman; I got up to the window and I saw the two prisoners upon the wall, at the end of our yard; I saw the prisoners come over the wall into our garden; they came across our yard, and opened the yard door and came into the house; and a person from the other side of the wall called out; and they came into our house; and they might be there ten minutes; and the watchman took them.

William Lee the headborough took the prisoners to the watch-house, and found the things at the prosecutor's house as he describes.

(The things produced.)

PRISONER OTHELLO'S DEFENCE.

We were going to seek for work, and met the watchman; and we saw three men come out of this yard; and we were dry, and went in there to get a drink, and the watchman took us; he came with his drawn hanger, and said, now d - n you I have you; and he frightened us.

PRISONER BUCKLEY'S DEFENCE.

I say as he says.

Court to watchman. Did you see any body else about the premises? - No.

Had you your hanger drawn? - Yes.

Court to Jury. By a late act of parliament, removing these things with intent to steal, is felony.

BOTH GUILTY .

Each transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-41

501. JOHN WILLIAMS was indicted for feloniously stealing, on the 29th day of May , one callimancoe petticoat, value 5 s. the property of Matthew Hade .

Joseph Robinson saw the prisoner take the petticoat from the prosecutor's window, and took him in Queen-street, with the property in his hand.

GUILTY .

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

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

Reference Number: t17860531-42

502. WILLIAM GRIST , JOHN BAMBER , and JOHN SHEMMELL were indicted for feloniously stealing, on the 9th day of May , four mahogany planks, value 5 l. one plank of fustick wood, value 5 s. two pieces of beech, value 4 s. five pieces of ebony, value 8 s. one mahogany board, value 15 s. and one ditto, value 14 s. the property of Robert Campbell .

ROBERT CAMPBELL sworn.

I was called out of bed by one John Nunn , who had been a servant of mine, who had the care of my yard about a year ago; he said he had been up sooner than ordinary, and in St. Andrew's-street, he was surprised to see three men come out loaded with mahogany, and wood, Andrews, Bamber, and Shemmell; the prisoner's

Grist and Bamber were employed in my service, repairing a shop, together with Andrews, who is not in custody; I went with Nunn, he shewed me a house in Dyott-street where they went in; I did nothing till the next day; then I got up early in the morning, and watched Andrews and Shemmell in deep conversation for a quarter of an hour, they did not see me; just before six, Andrews went to his work, I followed Shemmell to the place that Nunn had shewn me; I got a constable, and he took up Bamber; I went in the afternoon and Shemmell was at work in the back yard; I did not find any mahogany there, I said, Mr. Shemmell you may as well tell, for you do not know what proof I have against you, and what the law will grant, you shall have it.

Prisoner Shemmell. The words were that I was not to be taken from my family.

Prosecutor. I never said any such words, Umpage and Nunn were present and heard me; Shemmell said, if I would go with him to his house, he would shew me, and he took me to his house in Gresse-street, and there I saw the things in the indictment; I knew the planks. (Deposed to.) He confessed taking one of the planks, and that the others were mine.

Mr. Garrow, prisoner Shemmell's counsel.

Did you tell the prisoner, that if he made a confession, the clearer it was, the more lenity he should have? - I said the more free he was in making his discovery, the more lenity he should expect.

Mr. Peat, prisoner Grist's counsel. How do you know that mahogany from a great quantity that is in this town? - Because that board has been through my hands several times; it was cut in my shop; I had the whole tree.

Should you have known it at any distant place? - No.

JOHN NUNN sworn.

I arose between five and six on the 9th of May, I saw the prisoner Shemmell with that big plank on his shoulder, John Bamber came after him with two boards; I saw them go into a house in Dyott-street; Shemmell carried his plank into his door; Shemmell came out and helped Bamber in with his two boards, and Shemmell asked Bamber if Andrews was coming? Bamber said yes; then I met Andrews with two pieces of beech on his shoulder; I went directly to the prosecutor, and told his servant, and the servant called him up, and I went and shewed him the house where the boards were put, and we went away; I saw the prosecutor the next morning, and we went to this house and searched it; I went the next morning after Bamber was taken, Shemmell was in the yard of the house.

What did the prosecutor say to Shemmel? - He asked him if he had not got some mahogany; he told Mr. Campbell where it was; Campbell said to him, he should be glad if he could find the wood, and Shemmell said, if he would go along with him, he would shew him the wood; Campbell said to him, he had better be free and open, and he should have all the mercy the law would allow him; we did not find these planks in the house where they went the morning before, but we went with Shemmell to his house, the prosecutor and me, and John Shemmell , went to Shemmell's house, there we found some mahogany planks, I cannot say particularly how many, but there are four two inch planks, and a great many boards, planks that had been cut, they was the same kind I saw Bamber and Shemmell carry off the day before, I saw only three planks carried.

Mr. Garrow. Did you go to Shemmell the first time with Mr. Campbell? - Yes.

What did Mr. Campbell say to him? - Campbell desired he would let him know where the wood was, and he should have all the mercy the law would allow him.

Did you hear Mr. Campbell examined here to day? - No.

Did not Mr. Campbell say, he would not hurt him, that he would do all in his power for him? - I do not remember.

Had not Campbell told him so before he said any thing upon the subject? - I did

not hear any such word; I do not believe he did.

You never heard Campbell say he was innocent, and had been taken in? - I do not remember.

JOHN UMPAGE sworn.

I took him into custody; I heard no promises; there were four mahogany planks, and a great quantity more.

Did Shemmell say any thing about his having carried it? - I never heard him say that.

Mr. Garrow. Tell us all that Shemmell said about Grist? - He told me where Grist lodged.

Did not he tell you that these goods had been sold to him as goods that had been distrained for rent? - Yes, he told us that certain persons among whom was Grist, had sold him these goods, which were taken in distress for rent.

He told you of one Andrews too? - Yes, he is gone away.

Nunn. He said the people told him they were taken in distress.

PRISONER SHEMMELL'S DEFENCE.

With respect to these planks here, I was going by in Queen-street, Seven-dials, I saw Andrews and Bamber coming up, and Andrews desired me to take these things and put them by; I readily took that plank from him as I knew him.

Prisoner Bamber. I thought my memory would fail me, and I have penned a little bit down.

(His defence read.)

Some time in the beginning of May last past, having been at work for Mr. Campbell, about a fortnight, under the direction of Thomas Andrews , in the capacity of a carpenter , in repairing an old building calculated for work shops; on Tuesday the 8th of May, coming to my work, which was in Neale's-yard, near the Seven-dials, rather before six o'clock in the morning, in Crown-street, I met Andrews and a man whom I never saw before, with some pieces of boards, and two pieces of beech, Andrews, seeming glad to see me, said, here John, take these two pieces of boards, which was mahogany, and come along me; I went as far as Dyott-street, St. Giles's, the stranger went before us, about three parts up the street, Andrews took the two pieces of boards from me, and gave me the keys of the work shop, and told me to go to work, and he would follow me, which he did; in about half an hour, curiosity led me to enquire of Andrews who that man was that was with him, and he to deceive me, that I should not be acquainted with his foul actions, told me, the man that was with him was our master's chair-maker, and made them at his own shop, but by the piece; where the stuff came from, it is out of my power to tell; the premises when I came to work was entirely open to the ground, and when we inclosed the bottom part, the foreman, Andrews, kept the keys from morning till night; he was always before me in the morning, and after me in the evening, which there is no doubt from what I have since known, that his depredations were done in my absence, if there were any. It is to be observed, that the foreman Andrews had the whole and sole care of the job, buying the stuff, cutting and converting it as he thought proper; and likewise paid me on a Saturday night; and upon my refusal of his orders, I must have lost the job. On Wednesday morning, May the 9th the neighbours acquainted me that something was the matter, as they had seen my master, and some of Sir Sampson Wright 's men about the place; confident of my innocence of ever doing wrong knowingly, I kept to my work till two o'clock; but I missed Andrews about ten o'clock; who no doubt conscious of his guilt, made his escape, leaving all his tools behind him. I had all the opportunity in the world of making my escape, but my innocence was my protection; Andrews as I am informed was three months there, I only a fortnight. Having been carried to Bow-street office, I saw a man brought in by the name of Shemmell, on suspicion of receiving

mahogany that was stolen from Mr. Campbell, and on his confession before the magistrate in Bow-street, he positively declared that I was innocent, and that I never had any dealings with him whatsoever, he being an utter stranger to me, and I have no doubt but he says so now; the whole of this being strictly true, by the help of God, and the clemency of the worthy Jury, I may hope to be acquitted; I was never before a Magistrate before this time during the whole course of my life, which is fifty-six years; and having a numerous offspring unprovided for.

Prosecutor. Andrews had worked for me eighteen months, Bamber a fortnight.

Mr. Garrow. Do not you apprend that Andrews was the person that stole these things? - No more than the rest.

Shemmell did not work at the yard? - No.

So that he himself had no opportunities of stealing them? - I understand they were altogether in my shop.

Court. Were these four planks in the place where Bamber worked? - Yes.

Were they in such situation that he could see them when he worked with you? - Yes, for all I know.

Bamber. I never saw them in my life.

Nunn. They appeared to come from Campbell's shop.

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

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

WILLIAM GRIST , NOT GUILTY .

JOHN BAMBER , JOHN SHEMMELL ,

GUILTY.

Both recommended by the Prosecutor .

Each to be imprisoned twelve months in the House of Correction .

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

Reference Number: t17860531-43

503. WORMBLY WARMSLY and JOHN SIMPSON were indicted for feloniously stealing, on the 24th day of May , one cloth coat, value 20 s. the property of Thomas Perry .

Mr. PERRY's Servant sworn.

I was in my master's carriage; I lost my coat on Tuesday the 24th of May, about six in the afternoon; it was taken out of the carriage at North End ; it was a box-coat; I saw the prisoner Warmsley run over the heath with the coat under his arm; I saw him about three hundred yards off with the coat.

- NELKIN sworn.

I saw the prisoner Warmsley going over the common with the coat under his arm; I told my brother to secure him; he is not here; I came to him, and he had hid the coat in a hole upon the common; this coat was about ten or a dozen yards from where he was taken; I observed the lining of it, which appeared to be red, and gave me a suspicion it was a livery coat; he was taken in ten or a dozen minutes after; I came up in a minute, and pursued him.

Do you know any thing of Simpson? - No; I only saw them together the day before.

Mr. Garrow. Walking along? - Yes.

JOHN FULLER sworn.

Last Tuesday week, in the evening, a little after five, I saw two men walking on Hampstead Heath, and I saw one throw a bundle into a gravel-hole, but what it was, I do not know; it was the two prisoners, they were together.

Were they walking or running? - I saw the prisoner Simpson get into a hole, and the other prisoner stood by the hole till he came out; in about half a minute after Simpson came out of the hole, I saw them walk up the hill both together a quarter of a mile; they were taken in a minute; I went up to them after they were taken; I saw the coachman coming on horseback over the heath, as hard as he could ride; he met me; I said, have you lost a coat? he said, yes; I then said, I know where it is; I shewed him the hole that Simpson came out of, and there was the coat almost

covered over with gravel; this is the coat; it has been in my possession ever since.

(The coat deposed to)

Mr. Garrow. You was the distance of four or five hundred yards? - Yes; I was digging of gravel; I was looking round me, resting myself; I stood over a pit; I was some yards nearer than the coachman was when he set out first.

PRISONER SIMPSON'S DEFENCE.

Last Wednesday was a week, I walked up to Hampstead; I met the prisoner by me promiscuously on Hampstead Heath; I know nothing of the coat.

The prisoner Simpson called four witnesses to his character.

PRISONER WARMSLEY'S DEFENCE.

I was running after a rabbit with this man, and we tried to catch it; I never saw the coat.

The prisoner Warmsley called one witness to his character.

BOTH GUILTY .

Each transported for seven years .

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

Reference Number: t17860531-44

504. ABRAHAM SOLOMONS was indicted for feloniously stealing, on the 22d day of May , forty-eight fish, called haddock, value 6 s. the property of Dennis Harley and Eleanor Connolly .

DENNIS HARLEY sworn.

On the 2d of May last, I went to buy some fish at Billingsgate ; I bought two baskets of haddock, I gave six shilling for them; I gave the prisoner the basket; he was to carry them to the Rose and Crown; I clapped the basket upon his head myself, and I thought I had not a small penny about me, and I turned back to get one, and while I was turning to get a penny from my partner, he run away with the fish; I never got the fish, not the money for them; I am sure that is the boy , but I do not see his face yet.

Then how can you know? - I see him now; yes, it is him.

Prisoner. You took up another before for carrying the fish; for I was at the Rose and Crown with another man's fish, and this man came with two dozen of haddocks, and said, you are the boy that carried my fish; I was in the house at the same time he came up.

Prosecutor. I employed this boy to carry the haddocks.

Prisoner to Prosecutor. Did you take up another boy for this thing? - No; after the prisoner run away with the fish, I employed another boy, and offered him a shilling to find this boy.

Jury. Did not that man accuse another boy with the robbery? - No, I did not, indeed; I offered him a shilling and two shillings to find the boy.

ELEANOR CONNOLLY sworn.

I am partner with Dennis Harley in the fish business; I paid the money for the fish, and delivered it to the boy, and I desired him to count them into his basket, and he told me they were right, and I told him to go to the Rose and Crown; I sent my partner Harley after him; he turned back to me for a penny, and while he came to me for the penny, the boy was gone; I run up as fast as I could, and in about ten minutes I found the boy out; he denied it then; I am sure that is the boy; I delivered the fish to him.

SAMUEL BULLOCK sworn.

I am the constable; I was sent for to take up the prisoner; we went to find the boy with the fish; he had a flannel waistcoat on; as there were more Jews round about, I thought it was best to keep him in custody, and take him to the Compter.

Prisoner. The woman said, one of these boys had got the fish.

Connolly. I am sure that is the boy; I never took any other boy.

Prisoner. She took up me, then she let she go, and then me took up another boy, and said it was him.

HENRY JOSEPH sworn.

I was in custody at the Rose and Crown; he down swore that I was the thief.

Harley. This is the boy I offered a shilling to, to find the prisoner out.

Joseph. Says he, I will give you a shilling, if you will bring me my fish.

Harley. He said he was a thief and pickpocket; is not that the character you gave of him?

Joseph. He said, I will give you a shilling, if you will find the boy that stole the fish.

Court. Then, you was not in custody? - He held me fast an hour at the Rose and Crown.

SAMUEL SAMUEL sworn.

I am no relation to the prisoner; I buy and sell fish ; I know they took up the prisoner first, and kept him ten minutes, and then afterwards let him go, and they took up this carotty boy; I told the carotty boy if he would bring the fish, I would give him a shilling.

Court to Harley. Did you let the boy go? - I did not part with the boy, till I gave him to the constable; I only let him loose once; I never let him go at all.

Samuel. He was released; he was taken first, and came back with half a hundred of mackerel, and then they took him; he was taken at the Rose and Crown at first, and afterwards he was let go again.

Harley. I took him at the Rose and Crown, and there I kept him till the constable came.

Court to Harley. When did you first apprehend this boy? - I took him in the market; I was about ten minutes looking for him; I brought him into the Rose and Crown, and never parted with him till the constable came.

Samuel. As I am a living man, he brought in half a hundred of mackerel after they charged him, and he took up that carotty boy after that; then they let the carotty boy go.

Court. Pray, Mr. Samuel, have not you been here before? - Yes, last sessions.

Did not you give an evidence? - Yes; the man was acquitted.

Mr. Alderman Plomer. I know him very well, he lives in my neighbourhood; I do not believe he tells truth now.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice WILLES.

Reference Number: t17860531-45

505. GEORGE ROSIER was indicted for feloniously stealing, on the 15th day of May last, four bushels of coals, value 3 s. the property of John Howard and Co.

JOHN HOWARD sworn.

On the 15th of May, we had a barge, left on board the ship all night; in the night the mate detected a man stealing the coals; he is here.

WILLIAM MARN sworn.

I was coming on board after ten; I saw the prisoner lay by the craft, and I suspected him, and looked after him; he made his boat fast to the craft, and began to hand coals out; I saw the prisoner on board this craft, and saw him take four bushels, or upwards; I went down to the craft, and took him directly.

GEORGE FORRESTER sworn.

I took the prisoner into custody; he acknowledged the fact, and said he had a family.

Had you or the mate told him you would shew him any favour? - No; nor he was not frightened; he confessed it voluntarily.

PRISONER's DEFENCE.

I went over the water, and as I was coming through the tier of ships, the lighter-man asked me to give him a cast over; he gave me about half a bushel of coals; there was not above half a bushel, between God and man.

GUILTY .

Transported for seven years .

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

Reference Number: t17860531-46

506. ELIZABETH GRIFFITHS otherwise BURKETT was indicted for feloniously stealing, on the 24th day of October last, one linen gown, value 6 s. a stuff petticoat, value 3 s. a muslin apron, value 18 d. a cloak, value 2 s. a pair of stockings, value 12 d. one flat iron, value 6 d. the property of John Webber .

ELIZABETH WEBBER sworn.

I am wife of the prosecutor; I lost the things mentioned in the indictment; on the 24th of October last; they were lost from Black-swan-court ; the prisoner lodged in my one pair of stairs; she took a ready furnished room of me, but these things were taken out of my own apartment; she lodged with me three weeks; on the 24th I went in search of her; and found my gown at Mr. Bray's in her name for three shillings, she left my house that night; I never saw her till she was apprehended; she told me her husband was a shoe maker, her husband lived with her all the while.

Prisoner. Have not you other lodgers in the house, who continually come in at two or three in the morning? - I had, but not at that time.

PHILIP CROCKER sworn.

I live with Mr. Bray the pawnbroker; I took a gown of the prisoner; it has been in my custody ever since.

( Deposed to.)

Prosecutrix. Here are the cuffs.

Pawnbroker. There were no cuffs to the gown; she said it was her own; she lived in Golden-lane; she pledged it in the name of Burkett

Mr. Justice Willes. Did the husband live with her all the time? - Yes.

And did he quit the lodgings when she quitted it? - Yes.

Prisoner. I lived there about seven years ago, and there were other lodgers continually, two other people pawns in that name that the pawnbroker knows.

Pawnbroker. I am sure that is the woman that pawned the gown.

GUILTY .

To be confined to hard labour six months in the House of Correction .

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

Reference Number: t17860531-47

507. WILLIAM WILLIAMS , WILLIAM DAY , and GEORGE LAMBERT were indicted for feloniously stealing, on the 14th day of May last, six pair of iron long, value 2. one pair of copper scales, value 1 s. twenty keys, value 3 s. four tools, value 1 s. and one iron steel-yard, value 1 s. the property of Robert Hardwick .

ROBERT HARDWICK sworn.

I am a smith , I live in Goswell-street ; on the 14th of May last, I lost the things mentioned in the indictment; I only prove the property.

JANE EVANS sworn.

On the 14th of May I was at my window dressing myself; the prisoner Day put these things towards the necessary; I saw the prisoner coming; he went to the necessary with the bag, and brought his bag back and made an apron of it; after that these things were thrown in the necessary, the three prisoners were all together with the bag; after that, there was a sack drawn in by somebody, I do not know who it was drawn in by; I did not see any body touch them, but I saw them move off; then they came out and looked about, and he went in again; presently he came out and another of the prisoners followed him out, and he came and sat down, and the other followed him; there was another in the necessary making believe to be asleep, that man that was in the necessary, turned evidence.

CHRISTOPHER MEARS sworn.

I was the constable; I was sent for to take charge of the prisoners; I took them to New-prison.

WILLIAM GRINN sworn.

On Sunday morning the 14th of May, I heard the cry of stop thief; I am a patrol; I had just got off my clothes and was going to bed, I slipped on my clothes and run to the stairs directly; I saw the two prisoners Lambert and Williams; I heard there was some thieves that had left a bag in Adam and Eve-court; I pursued the prisoners and took Lambert, I searched him and found nothing upon him; when I came to the court, I undid the bag; I stopped Lambert, and afterwards I took Williams, they were all three together; they owned they had been together, and found this bag; nobody promised them any thing; nothing more passed than going to prison, one of them said, for God's sake, say nothing about me, I said, I would not; the bag was all these things in it was produced to the prisoners, and they said, they had found it near Old-street, one of the three was in the yard when it was found; I saw the prisoner Day make his escape out of the yard, on Monday morning I was taking a walk in Bishopsgate-street, about half after nine, and I saw Day just at the pump, and I said to myself there is one that is wanted, and I took him and lodged him in Wood-street compter.

Evans. I saw them in Adam and Eve-court in the necessary.

- JAMES sworn.

I took Lambert in Adam and Eve-court, and I saw Day make his escape.

Evans. I am sure as to the persons of the three prisoners.

The three prisoners in their defence said, they found the lack and brought it in the publick house to see if any body would own it.

The prisoner Lambert called three witnesses to his character.

WILLIAM WILLIAMS , WILLIAM DAY , GEORGE LAMBERT ,

GUILTY .

Transported for seven years .

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

Reference Number: t17860531-48

508. SAMUEL SPARKES and JOHN MORGAN were indicted for feloniously stealing, on the 2d day of May , seven linen shifts, value 28 s. two linen shirts, value 20 s. fifteen wooden pegs, value 1 d. and one hempen line, value 2 d. the property of William Yeatman .

MARY YEATMAN sworn.

I only prove the property; the things were lost on the 2d of May, between three and four in the afternoon, it was a line with some clothes upon it in the garden; I had been there five minutes before, and saw the things; I missed the things mentioned in the indictment; they took part of the line away.

- MUMFORD sworn.

The prisoner cut the line down at each end, and brought the line and clothes away together, they were wrapped round the body of Sparkes; only one got over; I jumped over the rail, and when I got up to him he dropped the clothes from round his body; he ran away, I ran after him, he turned upon me when he found he could get no farther, Mr. Morgan came up to his assistance, he said, what have you got to do with me, Sir, says I, you have no right to them clothes; I collared him, he abused me very much, and I collared Morgan, a coal heaver came to my assistance; Morgan was in sight when he took the clothes, they were taken from him and given to the watchman; they are the same.

JOHN BERRINGER sworn.

On the 2d of May I was sent for to take them into custody; I took possession of the things.

(The things deposed to.)

PRISONER SPARKES'S DEFENCE.

I was going to Kentish-town, and that gentleman took hold of me by the collar, and told me to carry them things back; I asked him what things; I looked behind me and saw some linen.

PRISONER MORGAN'S DEFENCE.

I was out of work, I went to Kentish-town to see for work.

SAMUEL SPARKES , JOHN MORGAN ,

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-49

509. WILLIAM DIXON was indicted for feloniously stealing on the 11th day of May , one iron lock, value 8 s. the property of Lady Mary Cooke .

MARY COOKER sworn.

I saw the prisoner taking off the lock by Lady Mary Cooke's gate, he had not got it quite off; I got over a stile.

Court. This is an attempt to commit a felony.

ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-50

510. ANN ROWEN was indicted for feloniously stealing, on the 8th day of May , one silk waistcoat, value 4 s. the property of Jeremiah Lara .

MARY LARA sworn.

I am wife of Jeremiah Lara ; the prisoner and another woman came to my stand the 8th of May; I keep an old clothes-stand in the Change, Rosemary-lane , they bought a petticoat, and the prisoner took a silk waistcoat, I did not miss it directly, but my next neighbour saw her take it, she was brought back, and I saw the waistcoat taken from under her arm; it was marked five shillings; it was also marked with the two first letters of my husband's name, she said nothing at that time, but seemed much confounded.

MARY FLINN sworn.

I saw the prisoner come up to Mrs. Lara's stand and take a waistcoat; I am sure of it, she moved about two yards; I followed her, and lifted up her cloak, and took the waistcoat from under her right arm.

MOSES BROWN sworn.

I am the constable; I took charge of the woman and the waistcoat; I saw the waistcoat taken from her, this is it.

(Deposed to.)

PRISONER's DEFENCE.

I cannot say I know any more of it than the very moment I shall die.

GUILTY .

To be imprisoned six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-51

511. THOMAS LIVINGSTON and MARY WINTON were indicted for feloniously stealing, on the 19th day of May , one cotton gown, value 5 s. two check aprons, value 4 s. the property of James Thomas .

ANN THOMAS sworn.

I am wife of James Thomas ; I lost the property on the 19th of last month out of a yard belonging to Mr. Jones's, the Rose and Crown, Hammersmith ; I lodge there, I missed them about one in the afternoon; I found them in about half an hour after they were lost, the gown was found wet in the woman prisoner's apron, and two coloured aprons in the man's breeches; they were found in Bell-lane, between Hammersmith and Chiswick; a neighbour thought she had something more than her own; we found the prisoners in Bell-lane with the property upon them; they were stopped by Horatia Finch ; the gown was in the woman's apron, and the aprons in the man's breeches; they were about eight yards distance from each other; they are my property, I am sure of it.

HORATIA FINCH sworn.

I took the prisoners with the things as before mentioned.

RICHARD EDWARDS sworn.

I heard the cry of thieves; I took charge

of the prisoners, and the things, I have had them ever since.

(The things deposed to.)

Edwards. I was present; they are the same things that was found on the prisoners.

Prisoner Livingston. I am very innocent.

Prisoner Winton. I picked up the gown.

THOMAS LIVINGSTON , GUILTY .

To be transported for seven years .

MARY WINTON , GUILTY.

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

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-52

512. PETER HOLTON was indicted for feloniously stealing, on the 22d of May last, one inlaid mahogany knife case, value ten shillings, twelve green ivory handled knives and forks, mounted with silver, value 30 s. six desert ditto, value 15 s. the property of Adam Hobkirk , in his dwelling house .

ELIZABETH BROOKS sworn.

I am servant to the prosecutor; on the 22d of May last, my master lost an inlaid mahogany case, with a dozen table knives and forks, and six desert knives and forks, they were green ivory handles, mounted with silver, the large forks had three prongs; they were in a front parlour, they were lost on Monday se'night.

- MARTHWAITE sworn.

About five in the evening, on Monday the 22d of last month, the prisoner brought this case to me, and wanted to pledge it with me for nineteen shillings, he said, he brought it from Mrs. Long, Tottenhem-court-road, No. 35, a lady that he drove; I gave my young man the money to go to Mrs. Long, and see that it was right; he objected to that, and wanted the knives again, I would not let him have them, then he wanted to get away; I sent for a constable, and secured him, I attended him to the Justice, there he gave pretty near the same account, and he wanted to send for her; I went myself to No. 35, and could find no such person, he was committed for further examination.

Court to Mrs. Brooks. Look at that case? - It is the same, I know it by the grain of the wood going this other way, and the shopmark is there, it was bought in Russell-street, Covent-Garden.

PRISONER's DEFENCE.

I had it from a woman.

GUILTY .

Transported for seven years .

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

Reference Number: t17860531-53

513. DOROTHY HARGRAVE was indicted for feloniously stealing, on the 20th day of February last, one India coverlid, value 10 l. eleven callico shirts, value 11 l. two china basons, value 12 d. the property of James Dainty , in the dwelling house of William Whaley .

The parties called on their recognizances, and not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17860531-54

514. ISABELLA MATTHEWS otherwise MOORE was indicted for feloniously stealing, on the 2d day of May last, one silver watch, value 20 s. one metal chain, value 6 d. and two metal seals, value 6 d. the property of a person unknown .

NOT GUILTY .

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

Reference Number: t17860531-55

515. JOHN WILLIAMS was indicted for feloniously stealing, on the 5th day of May last, one pair of leather shoes,

value 4 s. a silk handkerchief, value 6 d. a plaited shoe buckle, value 8 d. the property of Robert Payne .

MARY PAYNE sworn.

I lost the things mentioned in the indictment; he lodged at our house; he came as a bricklayer's labourer ; he was sitting in the kitchen eating his bread and cheese, he had been there three or four hours; the shoes were under a pair of drawers, the buckles were in them; about twelve or a little better he began to move, and I found this buckle on the hearth; he went out, he could reach the drawer without getting up; he went round the house; I beckoned him, and he came in, I said, you rogue, you have robbed me, deliver my property; I shewed him the buckle I found; nobody was in the house but him and me, he said,

"me have got no property of yours;" then Mr. Bostock came down, and he was searched, and one of my shoes dropped from him; two men's shoes were found upon him and and a woman's shoe.

THOMAS BOSTOCK sworn.

Deposed to the same effect.

CHARLES DORMER sworn.

I searched the prisoner; I found in his trowsers pocket two shoes and a handkerchief, and a buckle, they have been in my possession ever since.

(Deposed to.)

PRISONER's DEFENCE.

I was quite drunk.

Prosecutrix. I really believe he was sober.

Court. How long had he been eating his breakfast? - From a little after ten till past twelve; he had a halfpenny worth of bread, a halfpennyworth of cheese, a halfpennyworth of onions, and a halfpenny of small beer.

Prisoner. I had some gin and twopenny because it was a wet morning, it rained very hard; I did not see the shoes because it was quite dark; I sent for a pot of beer, I was quite knocked up.

Court to Bostock. Did he appear to be quite drunk? - I do not know, by the colour of him; I could not tell whether he changed, or not.

Dormer. I rather think he had been drinking.

Prisoner. I have been a soldier in Sir Robert Rich 's Light Dragoons, twenty-two years; I was drummer and trumpeter; I was down at Coventry; I could not get any work; I have a pension of seven pounds twelve shillings, besides what I get by labour in summer time.

GUILTY .

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

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

Reference Number: t17860531-56

516. MARY NASH was indicted for feloniously stealing, on the 30th of April last, one linen apron, value 2 s. a tablecloth, value 1 s. a pair of thread stockings, value 1 s. a handkerchief, value 1 s. the property of William Jobson .

(The witnesses examined separate.)

MARY JOBSON sworn.

I am wife of William Jobson ; I lost the things mentioned in the indictment; they were my husband's property; I lay in at the time; the nurse carried down these things; I did not know the prisoner at the time; her apron was wet, as if wet clothes had been in it; she was brought up stairs in the room where I was lying in (The things produced, and deposed to.) The prisoner said she run into our house to hide herself from a warrant; she had an old shoe in her hand, she said she was going to match it.

Prisoner. She told me there was a man and woman in the cellar before.

Prosecutrix. No.

MARY WHITE sworn.

These clothes were in my care, and I took them into the kitchen to wash; when I came down stairs, in about twenty minutes, I missed the things out of the tub;

I took up the lodgers in the house, upon suspicion; I found the prisoner in the dust-vault, standing upright, and I screamed out, and a person took her out of the place; the things were in the dust; I did not see her throw them there; they were those that were in the tub; she struggled with the constable very much, and he took out about fifty keys from her pocket; I saw the linen in the wash-tub not a quarter of an hour before.

JOHN DYER called and not appearing, his recognizance was ordered to be estreated.

ANN EVANS sworn.

I saw the prisoner; and the prosecutor's nurse challenged me and some other girl about the linen; I said, look round, I saw a woman in the vault; I said, lay hold of her; that was the prisoner; I took hold of her, and said, come up stairs, for I should have suffered, if you had not been found; the linen was found about a yard from the prisoner; when she was in the dust-hole, her apron was all wet.

Prisoner. I carried some money to a cow-keeper; my husband was in trouble; my landlord took out an execution against me; I ran into these people's house, the door being open; I serve the people with milk.

The prisoner called one witness to her character.

GUILTY .

To be privately whipped , and discharged.

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

Reference Number: t17860531-57

517. JOHN BRADFORD was indicted for feloniously stealing, on the 9th day of May last, one wooden tub, value 2 d. and six pounds of butter, value 3 s. the property of John Taylor .

JOHN TAYLOR sworn.

On the 9th of May, about twelve at noon, a man told me I had lost some butter; he shewed me the prisoner, with the butter on his head; I ran after him, and caught him.

JOHN PRICE sworn.

I saw the prisoner with the butter, and informed the prosecutor; he went after him, and brought him back.

Prisoner. A man hired me to carry it.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17860531-58

518. JOHN SIMMONDS was indicted for feloniously stealing sixty-three pounds weight of lead, value 5 s. the property of Thomas Foreman .

RICHARD BARFOOT sworn.

Me and another patrol stopped the prisoner with half a sieve, covered with a cloth; he said it was garden-stuff; he pitched it, and I found it to be lead; he sprung from me, and ran down the Minories; I have compared the lead to a house of Mr. Foreman's, and it fits the place; the nail holes correspond; one of these keys opens the street door; we found these keys and these wall-hooks in his coat-pocket.

WILLIAM GOFF sworn.

I was with the other patrol, and confess his evidence.

THOMAS PENNINGTON sworn.

I saw the lead compared, and it corresponded.

Prisoner. A man asked me to carry it; he told me it was garden stuff, and he put the key and things in my coat pocket.

Jury. How came you by these wall-hooks? - The man that lifted the basket

upon my head dropped them in my right-hand-pocket.

GUILTY.

Transported for seven years .

Recommended to mercy .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-59

519. JAMES GADDERER was indicted for feloniously stealing, on the 27th of May last, one guinea, value 1 l. 1 s. the property of Thomas Lewis .

There was no evidence to put the prisoner on his defence.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-60

520. JOHN INGLE was indicted for feloniously stealing, on the 4th day of May , one canvass bag, value 1 d. one half guinea, value 10 s. 6 d. and six shillings and sixpence in monies numbered , the property of William Frogley .

WILLIAM FROGLEY sworn.

I was fast asleep at my own house, on the 4th of May, between eight and nine in the evening, in a chair, by the fire-side; my wife awaked me, and James Lukin , a lodger, as soon as she found my pocket turned inside out, and the button torn off; my wife and the prisoner and the children were there; I had in my purse half a guinea, and five, six, or seven shillings; and my wife took the prisoner with a constable, with the purse and the money; I was not quite sober, nor in liquor; I know I had the purse in my pocket.

MARY FROGLEY sworn.

The prisoner ordered a pot of beer to my house; one of the children said there was a fire, and he went out before me, and I followed him; he came in before me, and I went out to look; when I came in, I saw his hand come from my husband's pocket; says he, if I had been burned in the fire, I should not have been here; but if I was to be hanged to morrow, it is my time come; I stood talking to him a quarter of an hour, I had no apprehension he would rob me; I followed him and the watchman into the public house; his back was towards me; this was after the money was missed; I told the watchman that was the man that robbed me, and had my husband's purse; he then dragged out the purse, and said, that is Frogley's purse, I am all over done, I will be d - ned if I am not.

Prisoner. Did not you pick your husband's pocket yourself? - I took out some money for a quartern loaf; I put the purse back again, and buttoned his pocket; I called the lodger.

JAMES LUKIN sworn.

I went home very wet one night; I lodged with this man, and the woman cried out, for God's sake, come down, I am done; I saw the prosecutor's pocket turned inside out.

(The purse deposed to.)

PRISONER's DEFENCE.

This good man and I had been at work together; my wife was not at home; says he, you shall go to my house; the man dropped asleep, and his wife picked his pocket of two shillings; the man said, has any body picked my pocket; I said, yes; says he, take my money till to-morrow morning, then you can give it me; he took out his purse, and said, here is half a guinea, eighteen pence, and four shillings and sixpence I have of my own.

Court to watchman. When you went to the public house, did the woman ask him if he had got her husband's money? - She said at first, this is my husband's purse, and I will swear to it.

Is it true, that instead of claiming the purse, she asked him if he had got her husband's money? - I did not hear her say so; after he dragged me out of doors, he said,

this is Frogley's purse, and, says he, take it, and go and fetch Frogley.

Prisoner. I have some witnesses to my character.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-61

521. JAMES BARTLETT was indicted for feloniously assaulting Richard Payne on the King's highway, on the 22d of April last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one man's hat, value 10 s. his property .

RICHARD PAYNE sworn.

On the 22d of April, coming to my mother's door, between seven and eight in the evening, I heard a noise in the alley; I looked out at the fore door, and saw four men in the alley, one of whom was getting over the wall into our yard, and the prisoner was assisting him to get over that wall; he had him by the legs, when I first saw him, and was actually assisting him; and I asked him what they wanted; and the man dropped from the wall, and shammed drunk; I had a candle, I went and asked them what they wanted there; the prisoner said, d - n you, do you think we want to eat your wall; the prisoner then knocked me down, and beat me severely about the head and body, and they cut me over the eye, which I suppose I never shall recover; I cannot read now or write five minutes together; in five minutes, my mother and sister, hearing a noise, came down to the door; three of the men run away with my hat, which had been knocked off in the scuffle, and I secured the prisoner.

WILLIAM LONG sworn.

On the 22d of April, I came down to Mr. Payne's house, to see his mother; he saw one of the men upon the wall, and he went out to him, and asked them what they wanted there, and they d - ned him, and said, did he think they wanted to eat the wall; then he collared one of them; the prisoner struck him, and beat him very much about the head and body; they knocked off his hat, when they beat him about his head; I am sure it was one of the men which ran away with the prosecutor's hat.

PRISONER's DEFENCE.

I had been to Knightsbridge, to a master I had used to work for; my master treated me with two or three pints of beer; I was intoxicated; and in going along, I commonly go through this alley to my father's, and there were three men standing in the passage, and this prosecutor came up, and he spoke to the three men; I said, what, was you going to eat the gentleman's wall; the gentleman said, no; but I suppose you was going to rob the place; says he, you are one of the gang, d - n you; and the gentleman struck me on the left eye, and immediately a battle ensued between the gentleman and I; both our hats were lost, I could not find my hat; then he took me to the Justice's; I never saw any of the men.

Prosecutor. The instant the three men ran away, I said, where is my hat? says my mother, them three men have run away with it; I missed it before them three people came up; this was a brick wall they were getting over, about six or seven feet high; we have been robbed six or seven times, about this time in the evening, of linen in the yard; the linen was in the yard, drying.

GUILTY Of stealing the hat, but not of the robbery on the highway .

Court to Prisoner. It is the duty of the Court, in apportioning the punishment of your crime, to take into consideration the aggravating circumstances under which that crime is intended; it is perfectly clear, that

you came with three associates, with a purpose of committing a felony, that you was interrupted and proceeded to extremities of personal violence, in a manner indeed which did endanger the life of an innocent man, defending his own and his family's property; in the prosecution of that unlawfull purpose, and that gross violence, a felony of another sort has been committed by one of your associates, for which the law wisely makes you answerable; therefore the sentence of the Court is, that you be

Transported to Africa for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-62

522. JONATHAN SHERBUD and JOHN RALPH were indicted for feloniously stealing, on the 18th day of May last, a boiling copper, value 30 s. belonging to Lawrence Watson , affixed in a certain out-house of his, used with his dwelling-house .

A second count, for feloniously stealing, a copper with a brass cock, value 20 s. his property; one linen shift, value 2 s. one apron, value 1 s. the property of Elizabeth Hare ; and one towell, value 1 d. his property.

LAWRENCE WATSON sworn.

I keep the King's-arms on Green-bank ; I lost two coppers, one fixed and one not fixed in the wash-house, the end of the wash-house joins to the dwelling house; I lost two copper saucepans, and one gallon pewter pot; the linen was produced before the Magistrate; I never saw the prisoners before I saw them at the Magistrate's; I missed the things the same morning; they were all safe in the wash-house the night before they were taken.

MARY WATSON sworn.

I lost a copper that was fixed in the wash-house, and a copper with a brass cock, two saucepans, and one gallon pot, a large pot with two handles, one check apron, and one towell; the things were all missing: I saw them at nine, the night before, in the wash-house; I saw the apron the next morning at the office, it was about ten; I knew the apron, I had not worn it a long time; there was another of the same sort, that they left behind; I brought it into Court, they were left in the washing pan, in the water, they were wrung out, the one was taken, and the other left, there was only one towel, and I am sure it is missing; one of the prisoners came to a club at our house; I saw him there the night before, but I do not know his business.

ELIZABETH HARE sworn.

I am a servant at Mr. Watson's; the things mentioned in the indictment were missing the Thursday morning the 18th of April; I left the wash-house at five at night on the Wednesday; I was not in the wash-house after; the apron has been compared with one that was left behind; I saw the towel there that belonged to my mistress, it is ragged at one end, there is a hole in it; I can swear to it; I know a check apron was missing, and a towel of my mistress's; I lost a shift, and an apron; I know it to be mine by the patches, I can swear to it; I had such a one in the wash; the things were all wet, and those and my mistress's were there, it was the day the things were missed.

MICHAEL CATTLEY sworn.

I am a watchman; on Thursday morning the 18th of May, I saw the two prisoners come out of Knight's-court, which leads from Green bank, it is about a thousand yards from the prosecutor's house, the prisoners had each a bag, but the prisoner Ralph had a bag on his left shoulder, and a copper on his head, holding it with his right hand, that was the copper that had been fixed; I do not know what was in the bag; I did not stop him; the prisoners followed one another; the prisoner Sherbud was first, he had a bag on his right shoulder, they were going from the King's-Arms; I did not hear them talking together, I asked them what they were moving off? and they said it was their own proper, and they said, the reason of their moving so soon was, because they were poor men, that they might not lose a quarter of a day's work; they both said so; I

did not examine the bag, nor did I not take it from them; it was between three and four in the morning, I followed them into Broad-street; I did not know either of them before.

Jury. What did they give you to let them pass? - They offered nothing; they promised the things were their own many times.

How long have you been a watchman? - A twelvemonth.

At this time in the morning do you usually take those answers to be satisfactory? - There was nobody else moving or stirring; I could not have taken them if I would; I am sure the prisoners are the men.

Upon the oath you have taken, did they give you any money? - No, Sir, they did not, if they had offered me any money I would have stopped them.

GEORGE FORRESTER sworn.

I am a constable belonging to Mr. Staple's office, Shadwel; I was with Mr. Elby, we saw two men about forty yards off, we went and met them, in about fifteen yards of the bottom, we met Sherbud with this bag on his shoulder, and as soon as he saw us, we saw it upon the flaggs, I did not see him drop it down; I am sure it is the same bag, I picked up the bag, and Mr. Elby pursued him. (The things produced and deposed to.) I went to search Sherbud's brother's house, and there was Ralph, and he escaped.

WILLIAM ELBY sworn.

Deposed to the same effect.

PRISONER SHERBUD'S DEFENCE.

This bag was laying on the ground with some of the things out of it; I put the things in my pocket, and took up the bag, several people saw me.

PRISONER RALPH'S DEFENCE.

When they took Sherbud, they said, who was it that was with you, was it your brother, or Richardson?

Forrester. I am sure this was the man.

Elby. I have no doubt of that, we both know their persons.

BOTH GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860531-63

523. THOMAS BEDELL , JOHN HURLEY , and JOHN HUGHES were indicted for feloniously stealing, on the 31st day of May , a red Morrocco pocket book with gold clasps, value 20 s. a knife, with a gold handle, value 10 s. a black lead pencil, with a gold top, value 2 s. a pair of steel scissars, value 1 s. a box rule, value 12 d. two steel pocket book keys, value 2 d. two lancets, mounted in tortoiseshell, value 4 s. the property of Sir Edward Vernon , Knt. privily from his person .

A second count, for stealing privily a bank note for twenty-five pounds, his property, and the said sum of twenty-five pounds due thereon, then unsatisfied to the said Sir Edward, against the statute.

Sir EDWARD VERNON , Knt. sworn.

I think it was the 31st of May that my pocket was picked; I think it was on Wednesday last; it was between eleven and twelve, I cannot exactly say at what part of the town; I did not miss it till I came home; I walked from Bond-street, and on a person's coming in, and my going to the drawer to look for my pocket book, I missed it; I know nothing of the prisoners, only I think I saw Hurly in the street.

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

Reference Number: t17860531-63

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 31st of MAY, 1786, and the following Days;

Being the FIFTH 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 V. PART V.

LONDON:

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

MDCCLXXXVI.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of T. Bedell, J. Hurley and J. Hughes.

WILLIAM BLACKETER sworn.

I was going up Dean-street, and there is a little court that goes from Wardour-court to Dean-street, called Milk-alley, and I saw the three prisoners coming up the alley, and I observed the prisoner Hurley opening his breeches, and looking into them as he came up the court; there was nobody with me, and I hid myself under some harness till I jumped out upon them all three; I searched the other two first, and searching Hurley, I found this pocket book in his breeches, and he had that blue apron that is on the other lad over it; when I brought him to the office, it wanted a quarter of one; he said, he found it at the Prince of Wales's scaffolding; I found a letter in it directed to Sir Edward, and I went there; the other prisoners said nothing.

Court to Sir Edward. Had you been in Pall-Mall that morning? - I do not recollect.

Is that your pocket book? - Yes, I am certain of it; I had it in my right hand pocket; I paid some attention to that side and walked with my stick by my pocket for fear of losing it.

Prisoners. We have nothing to say.

ALL THREE NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-64

524. LYDIA MONRO , PHEBE FLAWTY , and CATHARINE MOREING were indicted for feloniously stealing, on the 15th day of May last, thirteen yards of thread lace, value 13 s. and eighteen yards of silk lace, value 12 s. the property of Isaac Brown , privily in his shop :

And RICHARD CHAPMAN , and ANN DRAVEMAN were indicted for feloniously receiving the same, knowing them to be stolen .

There being no evidence, but that of an accomplice, the prisoners were ALL ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-65

525. CATHERINE MEAD was indicted for feloniously stealing, on the 6th

day of May last, one double Gloucester cheese, value 4 s. the property of James Clarke .

John Clarke saw the prisoner take the cheese, and took it from under her apron.

GUILTY .

Privately whipped and discharged.

Tried by the London Jury before Mr. Justice WILLES.

Reference Number: t17860531-66

526. JOHN PATERSON was indicted for feloniously stealing, on the 30th day of May last, twenty-four yards of carpeting, called stair-case carpeting, value 35 s. the property of Thomas Rowley .

THOMAS ROWLEY sworn.

I keep an upholstery warehouse in Princes-street Lothbury ; on the 30th of May last, I lost some carpeting; this is mine; I can swear to it by this, and being folded up, and by the length of it: I did not miss it before Rigby the constable brought it in; I am sure I saw it on the Monday evening; I know it by the make and the colour.

RICHARD PRITCHARD sworn.

I have lived with Mr. Rowley these three years and a half; I know this carpet to be Mr. Rowley's property by the folding of it up; I rolled it up myself on the counter; I know the pattern very well.

EDWARD RIGBY sworn.

I am a constable. On Tuesday morning last, a quarter after nine, I saw the prisoner come out of the prosecutor's house; I followed him; there was a piece of carpeting under his arm, which has been produced, and has been in my custody ever since; I took hold of him, and he flung down the piece, after I came to him; then he tried to throw me down; I threw him down, and kept him till Mr. Best came to my assistance; I took him to the Poultry Compter directly, and I took the piece.

(The carpet deposed to.)

PRISONER's DEFENCE.

A man asked me to carry it at the pitching place.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860531-67

527. MARY DAVIS was indicted for feloniously stealing, on the 11th day of May last, two linen sheets, value 8 s. one dimity waistcoat, value 4 s. one apron, value 3 s. one pair of stockings, value 2 s. the property of William Barlow .

SARAH BARLOW sworn.

I lost this property; I found it at three pawnbrokers; the prisoner was a servant in my house a very few days; she went away on the 11th; I found six duplicates upon her, in various names; I have had them in my custody ever since I received them from her: the officer desired me to take the duplicates out of her pocket, I had no idea she had them.

(Several pawnbrokers produced the things, which were deposed to.)

Prisoner. I have nothing to say.

Prosecutrix. I believe she is a poor girl, and had no friends.

GUILTY .

To be confined to hard labour twelve months in the House of Correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860531-68

528. LYDIA MONRO and CATHERINE M'CORD were indicted for feloniously stealing, on the 5th day of May last, one pair of women's stuff shoes, value 2 s. 6 d. the property of Archibald Smith .

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860531-69

529. RICHARD PRESTON and JOHN ARNOLD were indicted for feloniously stealing, six wooden hatches, value

4 s. one wooden side bench, value 1 s. the property of Charles Langston , Arthur Hewitson , and William Robinson .

CHARLES LANGSTON sworn.

We had a boat at anchor at Somerset-house ; on Monday last, Thomas Sedgwick called on me, and informed me somebody had stolen the hatches; I went to the boat where the prisoners were, and there I saw them; we took up five hatches which I knew to be mine, we marked them when we first had the boat new, in order that we might know her if she went away; the things were found in Arnold's boat; he is a fisherman ; he confessed it was his boat; there was no name in the boat, for it was a peter boat; these hatches form a flooring to their boat, the same as they did to our's, and there are some little notches cut in them to make them fit, and some few of them are cut shorter; they appear to be newly cut.

(Produced, and shewn to the Jury.)

Langston. Both the prisoners were in the boat; I charged Preston, but he did not say he was guilty; but he said Arnold was not; he said it was pity to take the man, for he was not with him when he had them; I made him no promise at all; I went with Mr. Robinson to the Bank side, and there we found the side bench, and the other wooden hatches in a boat.

Was Preston's name on it? - No; I do not know that was Preston's boat; he said nothing about it.

THOMAS SEDGEWICK sworn.

I am a fisherman; I found five hatches in Arnold's boat; my servant has the care of this boat; I went along with a young fellow a swimming, and when I came back, I lost the hatches out of my boat; there was a side-bench missing on the Thursday following; these are the same that was taken out of the boat.

PRISONER PRESTON'S DEFENCE.

On Sunday night, Arnold shot some goods for me; he left me in care; about day break, a boat rowed by as fast as he could; he says, halloo, fisherman! have you got any gregs? says I, they are very scarce; d - n your eyes! says he, you shall have them, if there was a thousand, and he shoved these things into my boat, and went off directly.

PRISONER ARNOLD'S DEFENCE.

I went on board, and saw two of the hatches lay; he said, a waterman chucked them in upon him; I was in bed with my wife, when they were chucked in.

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

BOTH GUILTY.

They were both recommended by the Jury .

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860531-70

530. JOHN JACKSON was indicted for burglariously and feloniously breaking and entering the dwelling-house of Andrew Green , on the 4th of May , about the hour of twelve in the night, and burglariously stealing therein, a man's cloth box coat, value 20 s. the property of Elizabeth Harrowby .

The witnesses called, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860531-71

531. ANN GRIMSTON was indicted for feloniously stealing, on the 8th day of May , one yard of callico, value 3 s. the property of John Humphreys and Griffith Humphreys .

- BEST sworn.

I am shopman to the prosecutor; the prisoner came into the shop; I was there, and the prosecutors; she had a basket in her hand, with something like shavings; she laid the shavings down on the shop-floor,

and desired to look at some remnants of printed cotton; there were twenty or thirty remnants tied up of printed cotton; Mr. Humphreys laid hold of them; the prisoner stooped to do something about the basket, and she begged our pardon, and wanted to go out of the shop; Mr. Humphreys was speaking to a customer, and the prisoner rushed by; he followed her, and laid hold of her; she struggled; he thrust his hand into her basket, and pulled out this remnant of British callico; I am sure it is his property.

THOMAS LEWIS sworn.

Deposed to the same effect; and said she was taken to the back part of the shop, and asked how she could do such a thing in her old age, and she fell on her knees, and said it was the first crime she had ever committed, and if they would forgive her, she never would do so again; there were several pieces about the same length.

PRISONER's DEFENCE.

I went into the shop to buy one of my children a yard of white cloth for a shift, and I had a few shavings in my lap, and some of them fell down, and I picked them up; I am innocent of the robbery, and I would not say that in the condition I am in.

Court to Best. Was the callico on the outside of the basket, or the inside of the chips? - It was among the chips, and entirely covered.

GUILTY .

To be imprisoned six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860531-72

532. JOHN TURPIN was indicted for feloniously stealing, on the 2d day of May , a silk handkerchief, value 3 s. and two neckcloths, value 2 s. the property of John Harrop .

JOHN HARROP sworn.

On the 2d of May, I was looking at some pictures, the corner of Cock-court , and I perceived a hand in my pocket; I saw the prisoner and another walking off from me; I pursued him immediately, and called out, stop thief! and Warren the constable took the prisoner, with the things upon him; he never was out of my sight.

THOMAS WARREN sworn.

I took the things out of his bosom.

(The things deposed to.)

Prisoner. I found the things the corner of Cock-court.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-73

533. THOMAS BRIDGEN and ELIZABETH BRIDGEN otherwise JACKSON , were indicted for that they, on the 12th day of May last, one piece of false, feigned, and counterfeit copper money, to the likeness and similitude of the good, legal, and current coin of this realm, called an halfpenny, feloniously did make, coin, and counterfeit , against the statute.

(The witnesses examined apart.)

JOHN ARMSTRONG sworn.

I am an officer belonging to Justice Wilmot, and to Shoreditch parish; I was at this house, at No. 9, in Britannia-gardens , with Lucy, Shakeshaft, and Harper; it was Friday, the 12th of May; I went in first, and I saw one Mrs. Beach, in company with another woman, sitting in a room; I asked her if she had any lodgers; she said she had, and their names were Bridgen, but they were not at home; I went away, and went again with Lucy to the side of the house, and there was a kitchen level with the ground; Lucy went into the house; there was a key in the kitchen door; I was in the garden; I then saw the appearance of a woman, but could not see her face, through the window; I returned to Mrs. Beach, and said, there is a woman in the kitchen; says she, it is the

lady that sat with me; I shewed her it was not that lady; then Mr. Lucy broke open the parlour-door; we came into the kitchen, and there was a false step taken up, a trapdoor, a little hatch besides the steps, and a green quilt hung beside the hatch; from the parlour, there were some steps went down into the kitchen; in the kitchen, there was a door, like a cupboard-door, and some steps that moved, I believe there may be two; and the brick-work was cut away through a nine-inch wall that led into the cellar, and a green quilt which hung on a little nail on each side of the wall, on the inside of the cellar, the trap-door opened into the kitchen; there was a little door that opened sideways; then we got into the cellar; there was a stamping-press, and some halfpence round the dies; I did not meddle with the dies, they were set; afterwards, we went up stairs, in company with Shakeshaft and Harper, and we found the garret-door fastened; we found nobody in the kitchen, and nobody in the cellar; Shakeshaft shoved the garret-door open at last, and there was the prisoner Thomas Bridgen ; we took him down stairs; he had a clean shirt apparently on, but his hands were exceedingly black, and his face smutty; there was nothing in the garret; he was without a waistcoat; his shoes were all clay, like the clay of the cellar; there was a well in the cellar, and a dam turned up by the brick-work of the house, to let the water, if it should be wet, drain into that well; the clay in the cellar was wet; I told him to take off his shoes; he desired to go down stairs, to the one pair of stairs, and there he put some more clothes on; at that time, Shakeshaft called to me to look under the bed, and there was the woman prisoner laid on the sacking of the bed, on her face, without any shoes; her hands and face were exceedingly dirty indeed, and this bed gown on. (Produces a dirty bedgown.) She desired to go into the same room where the man prisoner went, to put on some things, and in that room were some halfpence, which corresponded with the die; I did not see them fitted; a young woman, a visitor, was discharged.

Mr. Garrow, prisoners counsel. What was her name? - I do not know.

Do not you know her name was Jackson? - I do not know.

Did not you know that the man was there for fear of being arested? - I never heard that.

Do not you think the woman is his wife? - I have reason to think otherwise; this is a dark cellar; there were no candles burning, but there were two that were warm, as if lately burnt out, but we could not observe the snuffs; they were by the side of the press.

Court. You say this woman goes by the name of the man? - That is the name she gave in at the office.

What reason have you to believe she is not his wife? - By what I have been told.

JOHN LUCY sworn.

I went with the other officers, on the 12th of May last, to No. 9, Britannia-row; Armstrong went into the garden first, I surveyed the premises; when we first went into the house, I found in the cellar a press complete for coining, and an halfpenny between the dies that I have here; there was a quantity of halfpence about, some stamped, and some blanks; in the kitchen were boiling a large quantity of halfpence in a net; it was a complete press for stamping, there were candles fixed, the snuffs were out, they were out, but the closeness of the place might make them warm; after they were in custody by the other officers, I went up to the one pair of stairs, the left hand side where Mr. Bridgen was putting on his clothes, there I found a sack with some saw dust in it, and in it a piece of halfpence, that is thirty shillings worth, made up, which corresponds with the die; and in a basket in the same room were some loose, not made up into a piece, corresponding with the dies; I found a very dirty

shirt in the room where the prisoner was found; I did not see the woman till they were both in custody.

JAMES SHAKESHAFT sworn.

I produce the dies, and the blanks, and some halfpence; these dies were set; there were crucibles, and a net, that was in a pot with some halfpence, I believe they exactly answer the die; there is a flaw in the die, and that flaw is in the halfpence; these halfpence I found round the dies in the press; I have a pair of dirty breeches and a coat; the man prisoner had the appearance of being at work, his hands were very dirty; I found a woman under the bedstead, laying on her face, without her shoes, and without a cap; her hands and face were all smutted over, and her bed gown she pulled off, which Armstrong has, which is very dirty; I found some good halfpence, and these bad halfpence upon her, there were some blanks that Lucy found in a hole in the cellar, that I believe correspond with the other.

JOHN CLARKE sworn.

Are any of these tower halfpence? - They are not; they are boiled with brimstone to make them black; here appears to be a flaw, that appears to be struck with this die; with respect to this halfpenny found between the die, it has received a blow, but not the impression, it seems as if these halfpence were not struck by this die with the flaw.

(Handed to the Jury.)

Mrs. BEACH sworn.

I live at No. 9, Britannia-gardens; I know the two prisoners, they were my lodgers; they had one side of the house, and this cellar was on that side; I never was in the cellar; the prisoners had the parlour, bed room, and a garret; they passed for man and wife; I never knew any thing to the contrary.

Mr. Garrow. What is become of Johnson? - I do not know him, I never saw him but once, after he took the lodging.

Then it was Johnson that took the lodging? - It was; he said he took it for his sister and her husband; he said, he should be there himself likewise.

I believe this poor man was afraid of being arrested? - That was what Mr. Johnson told me, that he came there because it was retired.

Did you ever know the woman prisoner go by the name of Jackson? - No.

Court. I am clearly of opinion that the woman is entitled under this evidence to the benefit of a married woman.

PRISONER THOMAS'S DEFENCE.

I had a writ out against me, and Johnson said, I might go to Hoxton; these gentlemen pulled me down stairs, and dragged me into this room; I did not go there; and they took two shillings and threepence out of my pocket, and all good halfpence; on my first examination they never produced these three or four bad halfpence.

The prisoner called one witness to his character.

THOMAS BRIDGEN , GUILTY .

Fined 1 s. and imprisoned twelve months in Newgate .

ELIZABETH BRIDGEN , otherwise JACKSON,

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-74

534. THOMAS JONES was indicted for feloniously stealing, on the 31st day of May , four linen shirts, value 4 s. the property of Thomas Day ; and three shifts, value 3 s. the property of Mary Lowe .

A shirt was found on the prisoner who was taken the day after the robbery, but it could not be identified.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-75

535. CHARLES YARDLEY was indicted for feloniously stealing, on the 18th day of May last, a leather trunk, with an

iron lock, value 30 s. the property of John Clements , Esq .

THOMAS GREEN sworn.

I was standing opposite to Mr. Clements's, and one M'Carty informed me, that a man had taken a trunk; I ran after him, down the church-yard, and overtook him just round the corner in Watling-street; he had the trunk under his left arm, he was brought back.

PHINEAS M'CARTY sworn.

I saw the prisoner take a trunk from Mr. Clements's shop; to the best of my knowledge, it is the same man that was brought back with the trunk.

ROBERT SEABROOK sworn.

I am shopman to Mr. Clements; on the 18th of May, about a quarter after eight in the evening, I was in the shop, and I heard somebody in the street say, somebody had stole a trunk; I followed, and saw the prisoner stopped with the trunk under his arm; he was brought back; it was Mr. Clements's.

(Deposed to.)

Prisoner. A man asked me to carry it.

GUILTY .

To be confined six months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-76

536. THOMAS EBBOURN was indicted for feloniously stealing, on the 1st day of June , a metal watch, value 20 s. a chain, value 6 d. a seal, value 2 d. a key, value 1 d. two small iron keys, value 1 d. a hook, value 1 d. the property of George Crawford .

GEORGE CRAWFORD sworn.

On Thursday last I lost my watch about two in the afternoon, the corner of St. Paul's church-yard ; the children were coming out of St. Paul's, and there was a crowd; I got hustled, and I found my watch was gone out of my pocket; I had my eye upon the man, at the same time my hands were pinioned down among the crowd; as soon as I got my hands at liberty, I laid hold of the prisoner, I charged him with having my watch; I saw my watch in the prisoner's left hand, he afterwards dropped the watch; the constable assisted me to take him, and the watch was picked up; I am sure the prisoner is the man in whose hands I saw the watch.

JOHN BUTLER sworn.

I had been at Guildhall, and was coming home, I saw a great mob of people many of whom I knew, eight or nine in a gang; I stopped about four or five minutes; the prosecutor said to the prisoner, you have got my watch, accordingly I looked, and saw the watch in the prisoner's hand, I was going to lay hold of his hand; and I am lame, which stopped me a little; but I saw him drop the watch, he seemed to put it back for some of his comrades to lay hold of, but there were none; I delivered him up to the patrol.

WILLIAM FORSYTH sworn.

I took the prisoner.

Prosecutor. It is the same watch that was picked up from the ground, it is my watch.

Prisoner. I know nothing of it.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-77

537. JOSEPH FARRINGDON was indicted for feloniously stealing, on the 24th day of May , a silk handkerchief, value 2 s. the property of Henry Maddox .

HENRY MADDOX sworn.

On the 24th of May, I lost my handkerchief about twelve, I felt somebody at my pocket, I turned round and caught the prisoner with my handkerchief under his coat.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-78

538. ELEANOR ANDREWS otherwise HENDRY, otherwise SNELLING was indicted for feloniously stealing, on the 13th day of May , a linen shift, value 1 s. two pillow cases, value 2 s. a pair of cotton stockings, value 1 s. a handkerchief, value 3 s. three child's linen shifts, value 1 s. and three child's caps, value 1 s. the property of Thomas Harper .

THOMAS HARPER sworn.

The prisoner was hired to me as a servant , about ten or twelve days; on Saturday the 13th of May, she was sent out of an errand, she did not return for some time, I went after her, she made a frivolous excuse, that the money I gave her was bad, and she had been round to several places to try to pass it; I suspected her, and went to some pawnbrokers in the neighbourhood.

ELIZABETH HARPER sworn.

I had occasion to send her out of an errand, I gave her a shilling; I saw her pocket very full of something, and I suspected her; she said, on her return, I had given her a bad shilling; a gentleman came into the shop, and she went down into the cellar, I called her up and taxed her about what she had in her pockets; another gentleman came in, and she went down stairs again, I followed her, and found these things under the stairs by the cellar where she had gone down, and one of the caps under her stays; the things had been in my drawers locked up, some of them had never been out since she had been at my house; she had several keys about her which she pulled out of her pocket when I charged her, and I found this key on the kitchen stairs, where she struggled to get from me, that opened the drawers; there had been no violence used to the drawers, but the key fitted them exactly; she said, I had given her the things at the beginning of the week to wash.

THOMAS ELLIOT sworn.

I live with Mr. Salkeld at Temple-bar, a pawnbroker; the three articles in the indictment were offered to me to pledge by a person something like the prisoner, I cannot say whether it was her or not; the constable has the things; she said, she lived in Lombard-street, therefore they were refused to be taken in.

SAMUEL GRAVES sworn.

I was sent for to take the woman into custody, the things were delivered to me by Mrs. Harper; I searched the prisoner, and found some duplicates in her pocket, but they were her own property.

(The things deposed to.)

PRISONER's DEFENCE.

My mistress sent me out for some tape, with a bad shilling, and I went down stairs, I knew nothing of the things being there; she took the cap out of her own stays in a passion.

The prisoner called two witnesses to her character.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-79

539. ROSE FITZPATRICK was indicted for feloniously stealing, on the 29th day of April last, one black silk cloak, value 2 s. the property of Joseph Hammer , two aprons, value 6 d. one other apron, value 1 s. a lawn apron, value 1 s. one other apron, value 2 d. three child's callico shirts, value 1 s. a bed-gown, value 1 d. a neck handkerchief, value 1 d. and a quarter of a yard of brown silk, value 2 d. a waistcoat, value 1 d. a pocket, value a halfpenny, three shirts, value 1 s. the property of Thomas Thrill Wynd .

MARY THRILL WYND sworn.

On the 29th of April, I lost the things mentioned in the indictment out of a drawer. (Repeats them.) They were all kept in one drawer, except the cloak, which was on the ground floor.

JOSEPH HAMMER sworn.

I lost my wife's cloak, it was on the prisoner's back when I took her, which

was about sixty yards off the house; I found the things upon her.

(Deposed to.)

LYDIA SALKELD sworn.

I am servant to Mr. Wiltshire; I saw the prisoner go in and out of the prosecutor's house on Saturday, between three and four; I saw nothing in her apron.

PRISONER's DEFENCE.

I was buying them of a muffin man, when the prosecutor came and knocked me down.

Prosecutor. She was offering them for sale to the muffin man.

GUILTY .

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

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860531-80

540. DANIEL MARSHALL was indicted for feloniously stealing, on the 29th day of April last, a silver shirt buckle, value 14 d. the property of Joseph Stevens .

JOSEPH STEVENS sworn.

I lost a shirt buckle the 29th of April, between four and five; I was in my shop, the prisoner came to look at some plated shoe buckles; I shewed him some, he fixed on a pair, and asked for some knees to match them, I turned round, and he got a silver shirt buckle over his little finger, he had not time enough to hide it, I saw him put it into his waistcoat pocket; I shewed him a pair of knee buckles that would match them, he said, these will do, make out a bill, and I will call again, and he put down two shillings; and I said, there was no occasion for that, he took it up again, I said, you'll please to give me my silver shirt buckle out of your pocket; he said, your shirt buckle! and out he ran, I ran after him, and several more; before I could get to the turning, he came upon me, says he, you may search me if you please, and see if I have got any thing of the kind; I said, I suppose you have hid it now; and I offered five shillings to any body that would find it, and some persons went to look, and found three of my silver thimbles, and a person brought the shirt buckle.

Mr. Garrow, prisoner's counsel. What is this value of it, without fashion? - I suppose about seven pence.

WILLIAM HARRIS sworn.

I found this buckle in the Bull Inn coach yard, and gave it to the prosecutor.

THOMAS WHITHERS sworn.

This is the same buckle that was delivered to me.

(Deposed to.)

Prisoner. I leave it all to my counsel.

The prisoner called four witnesses to his character.

GUILTY .

To be imprisoned six months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-81

541. ROBERT BARNARD was indicted for feloniously stealing, on the 4th day of December last, a cloth coat, value 5 s. a waistcoat, value 2 s. 6 d. a cloth ditto, value 2 s. two shirts, value 20 s. two lawn cravats, value 5 s. the property of John Hardcastle ; and two shirts, value 20 s. and two cravats, value 5 s. and two waistcoats, value 5 s. the property of William Skafe .

WILLIAM SKAFE sworn.

I live in Duke's-court; I was returning from Tooting ; the cloak bag that contained the property which I must identify, was buckled on before the post chaise, I did not miss my cloak bag till Mr. Hardcastle stopped at his own door in Thavie's-Inn , that was about six o'clock, it was a dark cold drizzling night; it contained the things in the indictment.

(Deposed to.)

SAMUEL ROBINSON sworn.

I am constable and beadle of St. Sepulchres;

on the 4th of December I was fetched out of bed near seven; I received information that some bundles were gone into a house in Fleet-lane, when I came there, Mr. Scott, Mr. Wilson, and Mr. Graham had got a parcel of linen looking over, they are here; they have been in my custody ever since, I spoke to Watkins, but I was dubious about taking him up.

Mr. Garrow, prisoner's counsel. Did you see the people that were with Mrs. Watkins at the time? - No, I only saw in the house the second time, Mr. Watkins, and the property, the parties were gone; I have seen the prisoner several times before and since the 4th of December; I believe his father lived next door to Watkins; I have told Scott and Graham that I believed I had seen the prisoner since December last.

How long have you known Mr. Scott? - Some time.

Did you ever know any good of him? - I never knew any harm of him.

Do you believe him a man to be believed upon his oath? - Upon my oath, I do not know to the contrary.

Is not he the man that proclaimed war against the French? - I heard so.

Have you ever had the misfortune to hear Scott examined upon his oath? - No, Sir.

ALEXANDER SCOTT sworn.

I am engine keeper of St. Andrew Holborn, and live in Union-court; about half after six, on the 4th of December last, which was on Sunday evening, I had information, and I went to Watkins's; I knocked at the door and went backwards, I heard a hustling, and I looked into the shop, and in the back part of the shop, there is a kind of a little parlour, there I saw the prisoner sitting on the side of Mrs. Watkins, and there was another man; then I saw the prisoner lay hold of these clothes in his hands, and he held them up to Mrs. Watkins, says she, that will do very well, put that down; then he handed up a shirt, she said, that will do very well, put that down.

Could they see you at the time? - I do not know that they did, I was in the dark, in the shop, and the room was light where they were; Watkins was gone, I do not know where; then I ran into the room; and I laid hold of the prisoner by the collar; says I, and you will do very well; when I got hold of him the other rushed out, he slipped out of my hand; I then underneath the table found these things, I tied them up and gave them to Roberts.

Mr. Garrow. Well Master Scott, are we to have war or peace with France? - That is neither here nor there.

They sent you to the compter? - Yes.

Mr. Watkins opened the door for you? - Yes, in a moment.

How is this shop parted from the parlour? - Close together, only the window.

You went there to search for some scarlet cloth? - Yes.

So Mrs. Watkins and the prisoner went on deliberately? - Quite quietly.

The scarlet cloth was in the house at the time? - Not to my knowledge.

How many minutes might you be in the shop looking in the parlour? - About three minutes.

How did the prisoner escape? - How do I know, out at the front door, Mr. Graham was behind me, and he knocked Mr. Wilkins aside, who was at the door, and they both got away.

Why is not Mr. Wilkins here? - I do not know.

Was he here on the trial of Watkins? - I cannot tell you, I am short of memory at this present time.

Now I will brush up your memory, do you believe he was not here and examined? - I believe he was.

Have the goodness to tell those gentlemen, who are to decide on this man's case, and your oath, why this Wilkins was not here to day? - I do not know, I was subpoened.

Mr. Hardcastle. I subpoened him because I thought he would not come.

Scott. I was offered ten pounds to screen

up the matter, and not to bring the thing into question.

Mr. Garrow to Scott. Do not you know Mr. Wilkins is not here, because he would say that the prisoner at the bar was not the man? - How do I know that.

Upon your oath, have you not heard Wilkins say so? - He was in the street, and it was dark.

Was you sworn? - Yes.

Upon your oath, have you never heard Watkins say that the prisoner was not the man that was in Watkins's house? - I know nothing at all about it; I cannot say, indeed.

But you shall say, one way or the other? - I never heard him say so.

Where did this man live? - I do not know.

Do not you know he lived with his father in Fleet-lane? - I do not know.

Do not you believe it? - I do not know.

Do not you believe it? - I do not know it.

Where did his father live? - I heard, after he was taken up, that he lived in Fleet-lane.

Then, do not you know now, that this man lived with his father, next door to Watkins? - I do not know that this man's father lived next door to Watkins, ever since this affair; I do not know it, nor do I believe it, upon my soul; I tell you the truth; it may be so.

DANIEL GRAHAM sworn.

On Sunday night, the 4th of December, I went to Mr. Roberts, and gave information of these things carrying in, of this red cloth to Mr. Watkins's; I did not see the prisoner go in with any thing, as I know of; I told Mr. Scott to come along with me; Scott knock ed at the door, Watkins came to the door himself; I asked, what goods went in there; Watkins said, there was no goods; immediately, Mr. Scott came in; I followed him, and went backwards; there is a little room; the prisoner was sorting out some wearing apparel with Mrs. Watkins; I am sure I saw the prisoner there; there was a candle in the back room; Scott said, this will do; and immediately the prisoner brushed out, and gave Scott a swing round; he turned round, and I saw his face; he run out; Mr. Wilkins ran out, but could not catch him; the things were upon the table when Scott came in, and saw them chucked down.

Mr. Garrow. How many minutes did you wait at the door? - About a minute; three or four knocks, and the door was opened; Scott knocked pretty softly, the door was opened, there were two or three bolts undone; I heard Mrs. Watkins saying, that will do; I heard no further, I heard it but once, that was before the things were put under the table; I was close to Scott.

If she had said any thing else, you would have heard it? - May be not so soon.

Did you hear her say, that will do very well, I will give you three guineas and an half for it? - No.

Did you know that young man? - Yes, very well; after we were out, I said that is Barney; in the evening, I said so to Roberts and Mr. Wilkins, and Mr. Scott and Mr. Singleton.

Was you a witness on the trial of Mrs. Watkins? - Yes.

Where did Barney's father live? - I believe, in Fleet-lane.

When did you see Mr. Wilkins? - I saw him to day in St. Paul's church-yard; I told him I was coming here, about Barney; he said he was not subpoened, and the children kept him away.

Do you know John Manby ? - Yes, by sight; he lodges in Watkins's house.

Prisoner. I leave it to my counsel.

JOHN MANBY sworn.

I live in Fleet-lane, and was a lodger at Watkins's house in December last, and am now; I am a butcher in the market.

Do you recollect the night when the officers, Mr. Scott and the rest of them, came about some scarlet cloth? - Yes.

Did you see them? - Oh, yes, yes; I

saw Scott and Graham, and Wilkins; I do not remember Roberts.

Had you any talk with Scott about the people that were below stairs? - The first thing that Scott said to me, was, Manby, I charge you to aid and assist, and mind these things.

What things were those? - They were a coat and waistcoat, and such things as these; accordingly, I did so; then Scott says to me, says he, Manby, do you know any of those parties that were in the house? no, says I; says he, can you describe either of the parties, or tell either of their names?

What parties was he speaking of at this time? - He did not speak of any parties particularly; it was those people that he found with Mrs. Wilkins; I told him it was out of my power to do any thing of the kind, for I was up two pair of stairs; says he, if you can describe either of the parties, or tell ever a name, by G - d I will give you ten guineas.

That was Mr. Scott? - Yes; he knows me very well, and has done for many years.

Did not Scott tell you, that he knew the person that was below stairs, was Ned Barney ? - No; he said to Graham, Graham, should you know either of them? to which Graham said, no; should you know them, Scott? no, says Scott, they turned me round like a top, and were gone in a minute, by G - d.

How near did Barney live to them? - The next door.

Did Scott know Barney at that time, think you? - Yes, as well as he knows me; I have seen Scott go by him a hundred times; he has soled and heeled shoes for me since.

Court. It seems to me not to be a case that you can convict the prisoner upon.

Jury. My Lord, we are very well satisfied.

NOT GUILTY .

Tried by the London Jury before Mr. Justice WILLES.

Reference Number: t17860531-82

542. CHARLES JOHNSON , JOHN JONES , and HENRY LEE, otherwise LEVY , were indicted for feloniously stealing, on the 29th day of April last, seven linen shirts, value 40 s. eight tablecloths, value 20 s. ten napkins, value 10 s. three pair of sheets, value 20 s. twenty four dusters, value 5 s. two aprons, value 2 s. two check ditto, value 2 s. three pair of stockings, value 2 s. an handkerchief, value 6 d. a clothes-bag, value 1 d. three pair of drawers, value 1 s. and fifteen linen towels, value 2 s. the property of Peter Calvert , Esq ; and one porter's knot, value 1 s. the property of Charles Hall .

CHARLES HALL sworn.

I live in George-court, Cross-street, No. 1; I lost the things mentioned in the indictment, the property of Peter Calvert , on the 29th of April; I did not pack up the things, nor make the inventory; all the things were intrusted to me; they were tied up in a table-cloth or sheet, and put into the basket; and I put the things on my knot; I carried them from Duke-street, Manchester-square ; I was stopped by the gentleman, Mr. Johnson; he was by himself, I saw no other person till I was at Sir Sampson's; when he stopped me, he begged me to fetch him a coach, as he could not possibly leave the door; I received sixpence of him, and went and fetched him a coach; I was not gone above twelve minutes; I pitched my things; the basket was not on the steps; I left the knot laying on the basket; when I returned, they were all gone.

HENRY CROKER sworn.

I produce the things; I found them on the prisoner Jones.

Mr. Garrow, Prisoner's Counsel, to Hall. Your wife washes for Mr. Calvert's family? - Yes.

You do nothing with respect to this linen, but merely to porter it? - No.

Did you compare the linen with the bill? - No, I did not.

What livery was the man in? - I saw no livery.

How was he drest? - I have only this to say, that he is near the matter of the dress that I saw him in at Sir Sampson's.

What coloured coat had he on? now, I will tell you what you said there; you said,

"he had on a livery coat, a handsome

"light waistcoat, nankeen or buckskin

"breeches, and a tail wig." - Excuse me, that never was my report; I never did say that word, that he was in a livery, or a white waistcoat, but I said nankeen or buckskin breeches, and a tail wig.

What waistcoat did you say he had? do not look at the prisoner. (To the prisoner.) Button up your coat. - I said, he had a striped waistcoat, I never said, he had a white waistcoat, to my knowledge, I said, he had a Monmouth-street great coat on, of a crimson colour.

What coloured cape had it? - I do not know.

Upon your oath, you never have said? - I never did.

What were the breeches, buckskin or nankeen? - I cannot say.

How soon after you had been sent for this coach did you see the prisoner? - It was the same day, at half past two I lost the property, and I saw Johnson about five.

How was he dressed? - He was dressed in a different dress; he was in a very genteel brown coat, and a very genteel waistcoat.

Had he buckskin breeches on? - I really do not know.

How long was you with the man at his master's door? - I never stopped a minute.

Is there any one feature in that man's face, that you dare swear to? - I swear to his whole face.

Is there any one feature in his whole face that you know him by? - I know only this, that that gentleman, Mr. Johnson, is the man that robbed me.

Yes, yes, but thank God, Mr. Hall, that is not the evidence by which Juries decide? - He was a thin faced man.

That will not do neither; why you might swear to me by that description? - He is the man that robbed me.

What is there in his countenance remarkable, I ask you, brown or fair? - Every man's complection alters according to the season of the year.

Thank you, good Master Hall.

Court. What things did you see put into this bundle? - I saw shirts, sheets, a breakfast cloth, a table cloth, and ten napkins.

Did you count them? - No.

Then how can you know? - Because they are all here; I saw no other things.

Can you safely swear to the prisoner from the notice you took of him? - I can.

Did you swear to him as soon as you saw him at the Brown Bear ? - I did, there were a number there, the tap room was full.

Did you pick him out from the rest? - Yes.

WILLIAM TRIPLEY sworn.

On the 29th of April, I saw the prisoner Jones carrying a basket of linen on his head, about half after two in the afternoon; I saw the three prisoners together till they got to the wild beast house in the new road, then I saw Johnson take the basket; I got a constable, and we stopt Jones and Johnson, the other was on the other side of the way, at a distance; we asked them who the linen belonged to, and Jones said, a man hired him to carry it over the water; then we asked him what water, he said, he did not know what water it was; he said, some man hired him to carry it for sixpence, he said, it was in some street in Marybone, he did not know what street; then the constable went after Lee, and brought him back; he said, he did not know any thing.

Did you hear any conversation between Jones and Johnson? - No.

Or with Lee? - No, we took the things to the publick house, and looked over them; I saw them examined; I saw some shirts, and some shifts, and some sheets not finished,

and some towels, and some dusters; Hall fixed on Johnson directly.

Did he hesitate at all about him? - No.

Mr. Garrow. How was Johnson dressed then? - He had the same coat and the same waistcoat, and leather breeches, rather greasy.

Had he any tail wig on? - No; I know that is him.

THOMAS HARDCASTLE sworn.

I was the first that apprehended the prisoners, and took the things upon them.

Court. Are any of the family of Mr. Calverts's here? - No.

Court. It is not necessary to put the prisoners upon their defence.

ALL THREE NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860531-83

543. THOMAS STONE was indicted for feloniously making an assault on John William Jones on the king's highway, on the 26th day of May , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one man's hat, value 5 s. his property .

JOHN WILLIAM JONES sworn.

On Monday morning last, between the hours of two and three, I was robbed of my hat in Elbow-lane ; I was going home, the prisoner met and seized me by one wrist, with both his hands, and desired me to go with him, in company with some loose girls who were out at that time.

Were those the words he made use of? - Yes, they were; upon my refusing to accompany him he knocked me down, and took my hat off my head, then I gave the alarm of stop thief, I pursued him very near to the highway, and in turning the corner of Elbow-lane, he returned and knocked me down a second time, and in the second scuffle he dropped the hat; I picked it up; I repeatedly cried out stop thief, and murder, and the watchmen assisted me, he then ran into a house in Elbow-lane; they would not let us in, but Mr. Orange the officer came up, and they let him in; he went into the back yard, and perceived a man's head in the necessary over the next house, he desired to come to him, and he took the man.

Court. Was you sober? - I was.

Had you been drinking that night? - No, Sir, I had not.

Where had you been at that late hour of the morning? - I was returning home.

Where had you spent your evening? - In a private house near to this place.

Had not you been drinking in that house? - No, Sir,

Had you supped there? - No.

Did this man take your hat off, or did it fall off in the scuffle? - I will take upon me to say, that he took it, it did not fall off.

Did he demand any money of you? - I cannot say he did.

Did he attempt any thing but your hat? - No, Sir, he snatched my hat immediately, and he knocked me down; I hallooed out immediately, and he ran away.

Mr. Garrow. Had you any watch at this time? - No, Sir, I left it at home.

Do you usually leave it at home? - Very often.

When you visit in that neighbourhood? - No, Sir, not particularly on that occasion.

Do you mean that you had not supped, nor drank that evening? - Perhaps I had my supper.

Had you supped at this adjacent house? - I had supped there.

Had you drank nothing at your supper? - I drank some table beer only.

No other liquors, nor spirits? - No.

Had you been supping alone, or in company? - I supped alone.

What time did you sup? - I cannot pretend to say.

I do this to try the probability and consistency of your story; now attend, at what time did you sup? - It might be between the hours of eleven and twelve, I believe it was.

Had you been long in that neighbourhood?

- I was returning from the city to that part of the neighbourhood; my house is in the parish of St. George's; I came out of the city between nine and ten; I took a walk after supper.

When the prisoner came up to you was not you talking to a girl at a window? - I was talking to nobody when he came up, there was a girl putting her head out at a window as I passed by.

Was you talking to her? - I might speak to her.

How long did you stay talking to her? - I did not stay talking to her any time, that I can minute.

Now perhaps it was an hour? - I cannot say.

Do you believe it was more than ten minutes? - It was not so much, it might be five or six.

It was in Elbow-lane that you stopped to talk to this young lady, this woman, this nymph, this goddess? - I do not know, I did not see her.

How many pair of stairs high was she? - I do not know, I was not in the dwelling.

And you mean gravely to give that answer? - I do.

You recollect, you are upon your oath? - I do.

How far had you got from this lady's house before the prisoner came up to you? - About six yards.

Upon your oath did not he tell you he was ashamed that a man of your appearance should be talking to such a bunter, was not that the case, Master Jones? - It was not.

Then what was it? - I told you what it was.

Then tell it again? - There is no occasion for a repetition.

Yes, you must repeat it? - He put both his hands to my wrist, and desired me to go to that young woman.

What that you was talking to? what did you say to him? I will tell you what it was; you said you had no conversation with any such creatures, was not that what you said? - I desired the young man to desist from me, and I had nothing more to say to him.

Did not he tell you, that you was a cox-comical puppy? - He said nothing; but he immediately knocked me down, and took off my hat.

Was you stunned by the blow? - I was insensible at that time, whether he applied both his hands, or one.

Who are you, let us just know that? - I am Mr. Jones's son.

He must be a very lucky man, to have such a son! who may this fortunate man be? - He lives in Ratcliffe-highway; he is a chymist, I am in his business, and live at home.

Did you go home that night? - Yes, soon afterwards.

How long after? - Perhaps, it might be between six and seven; I came with Mr. Orange to the office after the robbery, and then I went home; there was a house-breaking committed, and I went with Mr. Orange to see that.

Court. What house was this that you supped at? - At a person's house in Ratcliffe-highway.

On a visit? - No.

What then? - I called there in my way home.

How came you to sup alone? - Because the person of the house had supped before; I was not alone.

Who was you in company with? - The gentleman's name is Nightingale; I supped at his house.

Elbow-lane was not in your way home afterwards? - Yes, Sir, it was.

How far is Mr. Nightingale's from your father's? - I cannot say the distance.

About how far may it be? - I cannot clearly say.

Is it a mile, or an hundred yards? - It might be about an hundred yards from my father's.

And how far from Elbow-lane? - About twenty yards.

Mr. Garrow. Is not Nightingale called by the name of Donkin? - No, Sir.

Does not he keep a bawdy-house? - The person I supped with does not.

What business is he? - He is not in the profession that you speak of.

Is that, Sir, an answer to my question? - The person I supped with is a publican.

What is his sign? - I cannot recollect.

Court. Did not you tell me, just now, that it was a private house you supped at? - No, Sir, I did not.

JOHN ORANGE sworn.

I heard the alarm between two and three; I dressed myself, and went into Elbow-lane; there were two watchmen; I opened the back door, and went into the backyard, and perceived a man in the necessary.

What did the prosecutor charge him with? - Stealing his hat; but he had got his hat when I saw him.

Was he sober? - He seemed so; it was not above a quarter before three; there is Nightingale, a shoemaker, but I do not know Nightingale the publican; and I am pretty confident there is no such person; the prosecutor told me he was standing talking to a woman out of the window, and as he was talking to the woman out of the window, a man came and took him by the wrist, and knocked him down.

Do you know this Donkin? - He did live in the parish, he kept a bawdy house, but he was disturbed; he was called Donky die; the prosecutor went with me to the watch-house, and then to the White Swan in New Gravel-lane, and then he went with me to Spring-street; when I came to the White Swan, about six in the morning, I found him there.

Court to Jury. Gentlemen, you will consider whether you can safely place credit in such a story so told, as to convict a man of a capital offence; if you have any doubt, I will put the prisoner on his defence; I will sum up the evidence.

Jury. We are satisfied.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860531-84

544. CHARLES LEE was indicted for that he, on the 1st day of January last, in the parish of St. George the Martyr , being a working goldsmith , did falsely, fraudulently, and feloniously remove from four knee-buckles to four other knee-buckles, certain stamps, marks, and impressions, to wit, the King's Head and the Lion Rampant, with intent to defraud the King , against the statute.

A second count, for transposing and removing the said stamps, marks, and impressions, from one buckle to another.

A third count, for causing the same to be removed from four knee-buckles to four shoe-buckles.

A fourth count, for causing the same to be removed from one knee-buckle to one shoe-buckle.

A fifth count, for selling four shoe-buckles, the same marks and stamps having been transposed and removed, knowing the same to have been so removed.

A sixth count, for exposing the same for sale.

(The case opened by Mr. Shoen.)

FENWICK RUSHFORTH sworn.

I am deputy warden of the assay office -

Prisoner. I wish the evidences to be examined apart.

Mr. Silvester, Prisoner's Counsel. If you chuse it, they shall; but all the world may be here, for any thing it signifies.

Mr. Garrow, another of the Prisoner's Counsel. You need not give yourself any anxiety about it.

Court. If you desire it, they shall.

Prisoner. I do desire it.

Mr. Rushforth. These four buckles I produce, had the hall stamps; they are not put on at the hall in the shape they are; they have the marks of the Goldsmith's

Company upon them, but not the stamps, as put on at the hall; the two marks on the shoe-buckle; are close together, when we strike them, one on one side, and one on the other; it has been done so for six or eight months; with respect to the knee-buckles, they are put close together; these shoe-buckles appear to me to be marked as knee-buckles; the stamps are both on the same side, and the marks are bottom upwards; I really do think that these buckles were not marked at the assay-office; these buckles are silver.

Court. Before these last eight months, were the marks on shoe-buckles in a different form? - When the duty first took place, we marked them pretty near together.

Then, for ought you know, these might be marked then? - I do not apprehend they could; if they had been marked in a finished state, there would have been a sink round the stamp.

Mr. Silvester. One is the King's mark, the other is the assay mark? - Yes.

It is a lion passant? - Yes.

Mr. Garrow. Then, I submit there is an end to the indictment, for it describes it to be a lion rampant.

Court. You must acquit the prisoner.

NOT GUILTY .

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

Reference Number: t17860531-85

545. WILLIAM STONE was indicted for feloniously stealing, on the 28th day of April last, one woman's silk gown, value 2 l. 2 s. a worked apron, value 2 l. 2 s. three shirts, value 3 l. 10 s. one silk mode petticoat, value 1 l. 14 s. one dimity petticoat, value 14 s. a handkerchief, value 9 s. a linen ditto, value 4 s. two pair of silk stockings, value 1 l. a pair of worsted ditto, value 2 s. a pair of black breeches, value 2 l. 2 s. one white cloth waistcoat, value 12 s. a pair of leather pumps, value 1 s. two pair of lace robins, value 9 s. the property of Joseph Clapp .

(The witnesses examined separate.)

Mrs. CLAPP sworn.

I came from Hackney, with this box of linen; the things were lost on the 28th of April, about twelve at noon; I left this box at the house where this coach stops, which is Mr. Stewart's, a perfumer, in Threadneedle-street ; I sent a gentleman's servant, Samuel Robinson , for it at one; the box contained wearing apparel; the boy returned in half an hour, without the box.

SAMUEL ROBINSON sworn.

I was sent by Mrs. Clapp to Mr. Stewart's for the box; Mrs. Stewart delivered it to me; as I was coming down the Old Jewry, the prisoner at the bar stood at a door, upon the steps inside, right opposite Frederick's Place, and coming past, he said, young man, are you in a great hurry? I said, no particular hurry; he asked me if I would go to the top of the Old Jewry, and call a coach; he said he had two ladies waiting, and he could not leave them; I went to the top of the Old Jewry, and beckoned a coach, and brought the coach to the door, and I went in, and saw the gentleman of the house, and I asked him where the young man was that wanted a coach, that stood at the door, and the gentleman said there was no coach ordered there, nor he never saw a young man; the prisoner and the box was gone.

How did the prisoner get the box? - He told me he would take it into the warehouse while I was gone to get a coach; he said I need not be gone a minute, he said he would give me a shilling when I came back; Sir Sampson Wright 's people found him last Sunday was a week, going over Blackfriar's-bridge; he stood withinside the door, and the warehouse-man saw him, but said he could not swear to him, without he had the same clothes on; I never saw him before, but I knew him by his impediment in his speech, and I knew his face; I am quite sure he is the man, I have no doubt at all; the things were never recovered.

Mr. Garrow, Prisoner's Counsel. Were

these things ever advertised? - I believe not; there were handbills, and notice given at the public office; it was three weeks after, when he was taken.

Have not you had a good deal of anger about losing this box? - Yes.

Did not your master tell you, you must do all you could to find out the box and the person? - Yes.

When you went to the public office, this man was in custody? - Yes; I knew him the moment I saw him; I fixed on him before I heard him speak.

Mrs. STEWART sworn.

I delivered this box to Dr. Rutherford's servant-boy, about ten minutes before one; I saw no more of him; the box was left by Mrs. Clapp.

PRISONER's DEFENCE.

I have no further to say, than I was at home at the hour. (N. B. The prisoner stuttered very much.)

BLIZABETH HILL sworn.

I live in East Harding-street, Gough-square; the prisoner lives in the same house; my father lives at Newington Butts; the prisoner and me keep house together.

Do you know where the prisoner was on the last Friday in the month of April? - With me, and dined with me.

What day of the month was it? - The 28th.

Did he sleep there the night before? - Yes.

What time did he go out the next morning? - Some time after eleven.

What time did he return? - Exactly about twelve.

What time did you dine? - Much about one, or it might be a quarter before one.

What had you for dinner? - Stewed eels; there was nobody but he and me, and my father.

Who attended you? - My servant; her name is Chrissey Smith .

Was there any other person in the house? - Nobody but the washerwoman; her name is Jane Hearn .

How long did the prisoner continue in the house after he had dined? - Till about four in the afternoon.

Did he go out with any body then? - With my father.

How long did he continue out then? - Till about five.

Do you usually dine so early? - Very seldom; the reason was, it was washing day, it was a large wash, but I mostly put my washing out.

What liquor had you? - We had porter and the best part of a bottle of red wine after dinner.

Are you quite sure as to the day? - Yes.

How was he dressed? - In a blue coat with yellow buttons, blue and buff waistcoat, and harrateen breeches, the same dress he has now; I have known him very near two years.

Have you ever seen him in a green shag waistcoat? - Never in my life.

Court. What is the prisoner? - A watchmaker and engraver .

What is your father? - My father is a brewer, but he does not work at his business.

Is he a house keeper? - No, Sir, not at present, he lives with my brother and sister at Newington, they are hair dressers and perfumers.

How long have you and the prisoner lived together? - Very near two years.

Is there any family but one maid servant? - No.

What time did your father come there? - About eleven; he was not out with the prisoner from eleven till twelve; he called about eleven, and staid till very near four.

You dined early on account of the wash? - Yes.

Where did the washerwoman dine? - In a room adjoining to me.

Not in the same room? - No.

Before or after you? - Much about the same time that I dined; they had victuals from an eating house, we had stewed eels for dinner.

Were they at board wages? - No.

Had you any vegetables? - No.

Do you recollect what the washerwoman had for dinner? - To the best of my recollection it was roast veal hot, and some greens, from the eating house, and we had two pots of beer, one for ourselves and one for them.

Did you give the washerwoman a glass of wine? - I gave my servant a glass of wine, I cannot be punctual to the washerwoman whether I did or not; about four my father and the young man went out.

CHRISSEY SMITH sworn.

I am servant to Mrs. Hill.

Do you recollect where the prisoner was on the 28th of April? - He was at my mistress's lodgings, he has lived there ever since I have been servant there, that has been five months; it was a remarkable day, it was our washing day, my mistress very seldom has a washerwoman, her name is Jane Hearn .

Did the prisoner and Mrs. Hill dine at home that day? - The prisoner Mr. Stone, on the 27th of April, on Thursday night, slept at our house, on the Friday we washed.

Did he dine at home on Friday? - He went out about eleven, and came home about twelve, and from that time he did not go out till about four.

What time did he dine? - About one.

Who dined together? - Mr. Stone dined with my mistress and her father, they had stewed eels; I dined with the washerwoman in the back room, we had some veal from the cook's shop.

What had the family to drink? - They had a pot of porter, and some wine afterwards.

What had you? - We had a pot of porter.

Did either you or the washerwoman taste the wine? - I had one glass of wine after dinner, but the washerwoman had none; the prisoner staid at home till about four, then he went out to a publick house with my mistress's father, just by; it happened to be a washing day, so we dined earlier; I am sure of the day; my mistress never had a washerwoman but twice; I never took an oath before, and I would not do it now to a falsity.

How was he dressed? - A blue coat with yellow buttons, a blue and buff waistcoat, with striped harrateen breeches.

Court. What time did your mistress's father come there? - Between eleven and twelve.

Did he go out with the prisoner before dinner? - No, he did not.

Had they nothing for dinner but stewed eels? - No, nothing else, only the dinner the woman and me had from the cook's shop.

JANE HEARN sworn.

I am a washerwoman; I wash for Mrs. Hill; the last time was on the 28th of April, it was on a Friday.

Was it the last Friday in April? - That was the day of the month, it was Friday, and not Saturday.

Do you remember the prisoner at the bar being there that day? - Yes, Sir, the best part of the day, Mrs. Hill's father was there, he dined there, and I was there washing; Mr. Stone, and her father, and her dined together, the maid and I dined together.

What had the family for dinner? - They had stewed eels.

Had you any of them? - A bit or two, we had some roast veal, because it was a busy day, from the cook's shop.

What had you to drink? - We had some porter and the remains of a bottle of wine that was in the house.

Had you any wine? - I believe I had about half a glass.

How much porter was drank at both tables? - I believe they had a pot, and we had a pot.

What time did you dine? - Between twelve and one; the prisoner continued there as near as I can guess, till near four, and then the father and him went out to smoak a pipe; I have known her this year and half; she puts out a great many clothes.

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

Reference Number: t17860531-85

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 31st of MAY, 1786, and the following Days;

Being the FIFTH 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 V. 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 William Stone .

Have you washed for her at all since the 28th of April? - Yes, a little; but this was a great wash, she never has had so great a wash since or before; the old gentleman is not here, he is very infirm and lame.

The prisoner called two witnesses to his character.

(Mrs. Hill ordered to stand up again, and the two other witnesses, Hearn and Smith, sent out to the door.)

Court to Mrs. Hill. You remember distinctly how the prisoner was dressed that day? - Perfectly well; exactly the same clothes he has on now.

How was your father dressed? - I believe my father had a half mourning coat, a red waistcoat, and half mourning breeches.

( Crissy Smith called in again.)

How came you to recollect so particularly how the prisoner was dressed that day? - Because it is a dress he so usually wears; I never saw him but in three coats since I was there; I never saw him in any other dress all that week.

How was your mistress's father dressed? - I believe it was a dark brown, or old black coat, and cloth waistcoat and breeches; I do not recollect the colour.

How was your mistress dressed? - She had a striped wrapper on; she had not put on her gown; she had a cap on, no hat nor bonnet, her hair undressed, she was quite in a dishabille that morning.

What coloured stripe was the wrapper? - It was a kind of a buff.

Are you sure the father had a black coat? - Yes.

(The witness Hearn called in.)

How came you to be so particular in the prisoner's dress? - I took notice of his handkerchief about his neck when I brushed his coat.

Do you pretend to know exactly from this distance of time how he was dressed? - I am very particular in that point; he only wore them clothes.

Do you know if any body else was there, except the prisoner; how was the old man dressed? - In a greenish coat, a red waistcoat, and red breeches; but I am not so very particular, because he was only at dinner.

How was your mistress dressed? - In a striped loose gown, of a buff colour, and reddish stripes.

Had she a hat on? - She was not out, her hair was not dressed; she had a cap on, but she had no hat.

Jury. Was you directed, before you came here, to say what you have said? - No, I was not, upon my oath.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-86

546. CATHERINE WAYLIN was indicted for feloniously stealing, on the 6th day of May last, a flannel nightgown, value 3 s. a waistcoat, value 3 s. one hundred yards of ribbon, value 30 s. and other things , the property of James Joseph Coppin :

And JUDITH WAYLIN was indicted for feloniously receiving the said waistcoat, knowing it to be stolen .

The prosecutor left a box, containing the various things mentioned in the indictment, with one Mrs. Davis; and the prisoners, who were both children, went to play with Mrs. Davis's children; and the prisoner Catherine confessed stealing the things, and that she had thrown down the necessary at her mother's house those things which she could neither pawn or sell; her mother was out a nursing.

James Micastor , a pawnbroker, produced some of the things.

(Deposed to.)

CATHERINE WAYLIN , GUILTY.

Recommended, on account of her youth .

Court. Let her be severely whipped with a rod by some woman, and then discharged .

JUDITH WAYLIN , NOT GUILTY .

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

Reference Number: t17860531-87

547. MARY MOON was indicted for feloniously stealing, on the 5th day of May last, nine yards of black silk lace, value 40 s. the property of Thomas Wilkinson and Co.

A second count, for stealing the same things, the property of other persons.

ROBERT DUFTON sworn.

I live opposite to the prosecutor in Tavistock-street ; the prosecutors are haberdashers , in partnership; on the 5th of May last, I observed two girls, the prisoner and another, pass and repass by the prosecutors shop, between six and seven in the evening; I observed the other leave the prisoner, and the prisoner went close to the window, and I observed the prisoner had her hand in the window, and I observed the prisoner unravel the black lace from the card that lay in the bottom of the shop-window; I saw her take it from her left hand to her right in the street, and put it under her cloak; I informed the prosecutor, and Mr. Jones went after her, and took her, three doors off; nothing was found on her; she had an opportunity of conveying it away after she was taken; the lace was never found again.

HENRY JONES sworn.

I pursued the prisoner; nothing was found on her; there was a card which was removed, and some lace was wanting on it, nine yards; there was blood on the glass.

Prisoner. I know nothing of it; I sell things in the streets; I have no friends, I am fourteen.

NOT GUILTY .

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

Reference Number: t17860531-88

548. MARY COLE was indicted for that she, on the 22d day of May , seventy-one pieces of false and counterfeited copper money coin, to the likeness and similitude of a farthing, not being then melted and cut in pieces, did sell, pay, and put off, to one Lewis Abrahams , at a lower rate than they were worth, to wit, for one shilling , against the statute.

LEWIS ABRAHAMS sworn.

Mr. Garrow, Prisoner's Counsel. Pray, what name do you go by? - I go by that name; I never went by any other name in this place, but for a nick-name, they call me Buckero; my proper name is Lyon Lewis .

How long is it since you was convicted of felony? - About eighteen years ago.

Your punishment was transportation? - Yes, seven years, which I sustained.

Court. I think the punishment having been sustained, restores the witness to competency.

Mr. Reeve, Counsel for the Prosecution. Where do you live? - In Wingfield-street, Petticoat-lane; I know the prisoner, I have seen her at one Fonseca's in Gravel-lane ; on one side, on the right hand, is a little bit of a chandler's shop, and on the left-hand side, a room to sell bad money in; I had bad farthings of this woman, on the 22d of May; Hannah Massias was present; I bought these farthings of the prisoner; when I went in, she and Fonseca sat together; says I, let me have one shilling's worth of farthings; she counted me out eighteen-pence; I went with them to Mr. Clarke the next day; here are eighteen penny worth of farthings for one shilling; there should have been seventy-two, but there are but seventy-one.

Mr. Garrow. Then she sold them you at the rate of eighteen-pence for a shilling? - I asked for a shilling worth of farthings, she gave me eighteen pennyworth.

As many as would count for eighteen pennyworth? - Yes; I thought I had so many.

Mr. Garrow. My Lord, I submit there is an end of this, on the face of the indictment.

Court. The evidence amounts to this, that she sold seventy-two, and delivered but seventy-one; I am rather inclined to think the evidence is not sufficient to support the indictment.

NOT GUILTY

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-89

549. NICHOLAS WATERS was indicted for feloniously assaulting Samuel Stretton on the King's highway, on the 31st day of May last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one guinea, value 1 l. 1 s. one half guinea, value 10 s. 6 d. and 3 s. in monies numbered, his property .

SAMUEL STRETTON sworn.

I live at Dartford, in Kent; on Wednesday last, coming from the rehearsal at the abbey to a house in Westminster, it was about twenty minutes past four, the King and his family were coming round the corner of Bridge-street , and I saw the crowd so great, that I did not chuse to come into it; I was hustled into it by three, four, or five, of which the prisoner was one; he was one that forced me.

Was you hustled in that way that people are when they are pressed with a crowd, or did it appear to you as if these people pushed you into the crowd on purpose? - I think it was, I cannot speak to a certainty; when I got into the crowd, there were three or four turned me about several times.

Can you say with certainty that the prisoner was one of them that turned you about? - Yes, I swear to that; I found the prisoner's hand, and the money dropping out of my pocket.

Had he turned you about more than once when you found his hand in your pocket? - I was turned about to the prisoner; the prisoner turned me one way, and the others the other; and then the prisoner picked my pocket; he was one that turned me about, but how many times I cannot say; when the money dropped from his hand, the other witness, Bowyer, came up, and said, you are robbed; and I said, yes, pointing to the prisoner; the prisoner was on the side of me when the money dropped from him; he was taken to Bow-street; I never saw him or Bowyer before; I lost a guinea and a half, and some silver; when the prisoner was in Bow-street, he asked me what I was robbed of, and he said he would return

me the money if I could tell the exact sum; I did not see the half guinea drop; but at the time it dropped I was shoved by the prisoner, it was all done in half a minute; the prisoner wished me not to expose him; I cannot swear to the half guinea that I lost; I put my hand in my pocket about ten minutes before I was robbed.

Mr. Garrow, prisoner's counsel. What is your name? - My name is Samuel Stretton ; I live at Dartford; I am no profession nor business, I live as a private gentleman ; I have retired from business about fourteen or fifteen months.

Which of the officers is related to you? - Moses Morant .

Which of them was it that advised you to indict this man for a capital offence? - They all told me, nobody told me about the reward; I never heard of it till you tell it me now, nor I will never receive any; Morant said, he hoped I would not let the law escape, for the good of my country.

Did not he tell you not to let the reward escape? - He did not, I have heard on it upon the road; I gave no instructions for the indictment, nor did Bowyer; I told my story to the clerk of the indictments, and he filled up the indictment; the prisoner came on the left hand side of me, and the others turned me round, he came from my right and turned me the other way; and he came from my right side and picked my pocket.

WILLIAM BOWYER sworn.

I conduct a party of the patrol belonging to Bow-street; on Wednesday just as the King passed from the abbey to Bridge-street, I saw the prisoner; I was on this side Bridge-street, I saw a hustle of people at the corner opposite; I had been to Bridge-street, and had seen the prisoner there before; I saw him hustling the gentleman on one side, and three or four men on the other; I am positive the prisoner was one; I knew him before; the prisoner's hands were down towards the prosecutor's thighs; this was in the middle of the hustle; I crossed the way, and before they had left off hustling; when I came the prisoner knows me, and desisted hustling immediately; I asked the prosecutor if he had been robbed; the prisoner was then standing within a yard of him; the prosecutor then said, he had been robbed of a guinea and a half and some silver; the prisoner was inclining on the left side of the prosecutor, one of his hands was down on his right thigh, or near it, one hand was down to one side, and one to the other; he was partly facing of him, but inclining to the left side; the prosecutor coming out of New Palace-yard, and the prisoner pushing against him, as if he wanted to go into New Palace-yard; on the prosecutor charging him, I took the prisoner into custody, he wanted to settle it with the prosecutor very much in going up to the office; the prisoner frequently entreated me to go into some tavern, he offered the prosecutor his money, and me a guinea.

Mr. Garrow. Had you heard the money drop before you asked the prosecutor whether he had been robbed? - I cannot be particular, I rather think I had.

Had the prosecutor hold of the man at the time you came up? - I really cannot say; when I came up they were close together, he might have hold of him then, but when I asked him if he had been robbed, he had not hold of him then; I took him into custody.

Who gave instructions for the bill of indictment? - I did not.

Who did? - Mr. Johnson put it himself, he was told how the affair happened.

Do not you know that the describing this makes all the difference of forty pounds? - No doubt but the law allows it.

Do not you know if he was only convicted of common larceny, that the contrary would be the case? - A man must be a fool that does not know that.

Prisoner. I leave it entirely to my counsel.

The prisoner called five witnesses, some of

whom had known him many years, and gave him a very good character.

GUILTY Of stealing, but not of the robbery .

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860531-90

550. JOHN BINGHAM was indicted for feloniously stealing, on the 28th of April last, a cloth great coat, value 20 s. two silk waistcoats, value 20 s. a pair of silk breeches, value 20 s. a pair of velveret breeches; value 20 s. the property of James Chambers , and one cloth coat, value 30 s. a shag waistcoat, value 5 s. the property of Robert Chambers ; in the dwelling house of William Blake .

JAMES CHAMBERS sworn.

I am a taylor ; I lodge in the house of Blake in the one pair of stairs back room, other people lodge in the house; we go in at one common street door, the prisoner is a taylor , he lodged in the same room with me; we had one bed; and my brother lost the things mentioned in the indictment; he came to town about three weeks before, and put the box into my room; the great coat I value at twenty shillings, the two waistcoats, twenty shillings, the two pair of breeches forty shillings; I had the breeches on the Sunday before; they were locked in my box in the morning; the box was broke open in the room; and the next day I went to the publick office in Bow-street; and the prisoner and my brother went with me; I did not suspect the prisoner at that time; they advised me to go among the pawnbrokers, but I found nothing of them; we went into Rag-fair, and the prisoner said he had a cousin there he had not seen a long time, he would go and see him, and have a pot of beer; we staid there till night, he would not leave the place; he said it was of no use to see after them, for they were not there; I went with him, and staid at a publick house with his cousin; I believe we might get there about two, and staid till seven or eight at night; coming through Rag-fair we saw nothing of them; but I heard of them last Monday; the prisoner continued to lodge in the same house till last Monday, but I suspected the prisoner two or three days afterwards; two or three days afterwards, Mrs. Blake asked me whether I had found my clothes, and the prisoner said, d - n it, I hate to hear a d - nd parcel of women meddling with what they have no business with.

Mr. Garrow, prisoner's counsel. He was drunk then? - I think he made himself worse than he was; I heard of my things last Monday; I was looking in my drawers where the prisoner's breeches were, and there I found his waistcoat with something hard, like cards or duplicates in the breeches pockets, I put my hand in and took the duplicates out, and there were four or five duplicates, and I gave them to my brother to read, I cannot read writing properly; I put the rest in again; (read) three coats, three waistcoats, three pair of breeches, value 1 l. 16 s. and John Wright was upon it; there was a coat and a pair of breeches belonging to himself in that duplicate, I went to Litchfield-street office, and shewed it to the clerk, they told me where it belonged to, and directed me to go to Cursitor-street, the pawnbroker's name is Conner, they were pawned in the name of John Wright ; the pawnbroker has had the things in his possession ever since; I was going to look at them, and the pawnbroker said, Sir, if you are not going to take the things out, I will be glad if you will pay the interest of them before you look at them; the interest was one shilling and threepence, I laid him down one shilling and sixpence, and he gave me threepence, I then claimed the things belonging to me, a coat, two waistcoats, and two pair of breeches; the constable and my brother was by.

Mr. Garrow. How long have the prisoner

and you lived together in the same house? - A twelvemonth.

He worked for Mr. Fell? - Yes, and had done so for some time.

You did not work for Mr. Fell? - No, I was in employ.

You have succeeded him? - Yes; he went out first, and left me at home, and I locked the door, when I returned, I found the door locked, but I could not find the key, I put the key under the mat when I went out; the prisoner still continued at his work, and still continued to lodge in his room till he was apprehended; I found this duplicate about a month after I lost my things.

Was that drawer locked in which you found the prisoner's breeches? - No.

No person was present but you and your brother? - No.

I believe you are better situated at Mr. Fell's than you was when you first went to him? - I do not know for that.

Tell us the name of the young woman you and the prisoner paid your addresses to? - Her name is Frances Payne .

I believe the prisoner had the good fortune, or the bad fortune as it has turned out, to make rather more advances in Miss Payne's affections than you did? - No, my Lord, no, he did not.

A little piece of jealousy? - She and I fell out about three or four months ago.

That was about the time of the trial of the Brighton taylor I suppose? - I do not know.

Was not the reason that Miss Payne and you fell out, because she liked him better? - I did not know of it then, I found it out since.

Had you any sort of enmity to the prisoner at the bar? - I never had till now.

You never declared that you had? - No, I never said I should hang him or transport him.

What did you say to Mrs. Blake and Mrs. Crosby about hanging him for making love to Miss Payne? - Nothing that I know of, I do not know that I said any thing about hanging him, to Mrs. Blake nor to Mrs. Crosby, I will say so.

Was Mr. Conner one of the pawnbrokers that you went to when you lost your things, did the prisoner go with you to that shop? - We did not go to that shop, it did not fall in my way; we went from ten o'clock till night.

Do you recollect saying after you lost your things, that you wished that if they were pledged any where, that the person who pawned them would put the duplicate under the mat? - I said, if I got them again, I would forgive them; Mrs. Blake said to me, should not you wish to have the duplicate put under the mat where the key is put? yes, says I, I should.

Was that in the hearing of the prisoner? - No, it was not.

How many people went into this room where this drawer was? - As many as pleased, when the door was open.

How many had access to the key? - There were four, the landlady, my brother, myself and the prisoner; I do not know whether Mrs. Crosby knew where the key lay, every body knew where the key was laid after the things was lost; I do not know how many people live in the house, there are many lodgers.

At the distance of a month used your clothes to be kept in the same box? - Yes.

Might not it happen very well that a person having got that duplicate intending to restore it to you, might put it into these breeches, supposing them to be yours? - I do not know that.

ROBERT CHAMBERS sworn.

I am brother to James Chabers ; my box was left in my brother's lodging about three weeks before the robbery, when I came to town, I set it in there, it was locked; my box was broke open, at the same time I lost an old coat, and a shag waistcoat, I valued the coat at twenty shillings, and the waistcoat at fifteen shillings; I went with my brother to Mr. Conner's, the pawnbroker's,

that was Monday last; we went with the constable; I did not go in at first; when I went in, I saw my coat and waistcoat.

Mr. Garrow. I suppose you know Miss Payne? - I have seen her since we came here.

ROBERT CONNER sworn.

I am a pawnbroker in Cursitor-street, Chancery-lane; this duplicate is of my own hand-writing; here is the fellow to it.

Who pawned the things? - The prisoner at the bar, on the 28th of April, in the morning, between ten and eleven; I am confident of the prisoner; I never saw him before.

Court to James Chambers . What time did you go out on the 28th of April? - About ten minutes past six; my box was not then broke open; I did not return till ten at night, when I came home, thinking to find the key; says I to the landlord, perhaps the child has got it; then he got two bunches of keys, and tried to get in; we could not; and tried to get in at the window, and could not; then I sent for a blacksmith; the key was not found at all.

Conner. I lent the prisoner three pounds sixteen shillings; I asked the prisoner how he came by the things; he said, the grey coat and the thickset breeches were his own; the others, he said, he pledged for a friend; these things have been in my custody ever since.

( James Chambers deposes to two silk waistcoats, a great coat, and a pair of velveret breeches, and a pair of silk breeches.)

Court. Do you swear these clothes to be worth four pounds? - Yes.

Mr. Garrow. You have preferred two indictments against this man, I understand there was a mistake in the first, it was in a wrong name? - I did not know it, till after it was taken up to the Grand Jury.

Did not the clerk to the indictments tell you, before it was taken up? - I did not know it.

You was not told it by the clerk? - I do not know whether I was told so or no; I cannot say whether I did, or did not.

Why did you increase the value in the second indictment, to what it was described to be in the first? - I valued them at four pounds in the first; the clerk wanted me to put down more.

Mr. Garrow to Conner. Is your shop partitioned off? - There are two boxes; the person who pledged them came into one of these boxes; he was a quarter of an hour in the shop; no other person was in the shop at the time.

What size is your shop? - A small shop; it was originally a parlour, it is light.

Look at the witness James Chambers , and the prisoner? - The prisoner is the man.

Will you venture to swear that James Chambers was not the man that pledged the things? - I swear the prisoner is the man.

How was he dressed? - I cannot ascertain his dress particularly; there was that heaviness in his eyes that appears now.

Look at the heaviness in James's eyes, is there any thing else? - Nothing else.

Cannot you describe any part of the man's dress? - Not any part of it; but to the best of my knowledge, it was the dress he has on now.

Then, you believe it was a blue coat and a black waistcoat? - I believe it was; I cannot swear it, I believe it.

If you had seen him now in a white coat, should you then have recollected he was in a blue one? - I cannot say that.

Court. You are sure that is the man? - I am confident, I swear it.

Then, you are sure it was ten o'clock? - It was early in the morning, it was between the hours of breakfast and noon, and I believe about ten.

Court to Robert Chambers . Look at these things, and say which is your's? - This waistcoat and this coat is mine; this was the prisoner's coat and waistcoat; I know them to be the prisoner's.

Mr. Garrow. Had you got into place before this happened? - Yes.

Are you in the same place? - No; I am with my brother; my brother and I both left that shop that the prisoner worked in.

Prisoner. I leave it to my counsel.

THOMAS JONES sworn.

I am a taylor; I worked with the prisoner two years and a half; the morning when these clothes were taken, some time after six, the prisoner came to work at Mr. Fell's; he staid all the morning; in the course of the morning, he said he wanted to go Smithfield in his dinner hours, and asked me if he could go there and back, and get his dinner at a public house; I told him I thought it possible he might; he went off, but whether he went to Smithfield or no I do not know; he was his hour gone, and dined in the shop when he came to work again, and he seemed very much fatigued, as if he had been running hard.

What time did he go from his work? - Twelve o'clock; I had no further conversation with him then; in the course of the next week, the prisoner had wrote to his brother-in-law, informing him he had lost his clothes; he had lost his clothes as well as the prosecutor; his brother came to town; I had a trifle to make up, and I asked a man to lend me half a guinea; he said it was not convenient; the prisoner put his hand in his pocket, and pulled out some money; there was gold and silver, I cannot tell how much, and pitched half a guinea into my lap as I was at work.

Mr. Garrow. So that from six to twelve he continued working with you? - Yes.

How long had the prisoner worked for Mr. Fell? - I do not know; he was out of town some time, he worked there before I came.

What has been his general character as to honesty? - I never heard any thing amiss of his character at all.

Where does Mr. Fell live? - In St. Martin's-lane.

Court to Conner. You say, you cannot exactly say to the time? - It was between breakfast and dinner time.

What time do you dine? - Between one and two, nearer two.

Mr. Garrow. Do you keep a regular book? - We do not make any entry before the afternoon.

RICHARD WORRELL sworn.

I worked with this young man, the prisoner, at Mr. Fell's; the prisoner related to me, that since the robbery was committed, it would be the last day he should work with me; that was about ten days after the robbery was committed; it was his own conversation to me; he worked with me after.

Court. That applies to nothing.

Mr. Garrow. How long have you been a shopmate of his? - Better than two years; I never heard any thing dishonest by him.

THOMAS SHEFFIELD sworn.

I am foreman to Mr. Fell; I know nothing respecting the robbery, I am come with the time-book.

Prosecutor. That is to shew how much time he lost lately.

Mr. Garrow. He lost time in courting Miss Payne, and that gave you pain.

Court. This book is nothing at all.

Mr. Garrow. Was not he remarkably industrious, and employed in carrying work home? - Yes; I have been with Mr. Fell eleven years; I have known him four years, I never heard any thing amiss of him.

Was you at home on the morning of the 28th of April? - I do not recollect.

MARY BLAKE sworn.

The prisoner and Mr. Chambers both lodged at our house.

Do you remember Chambers going out on the 28th of April, in the morning? - They go out early in the morning, before I get up; the prisoner came home that day between twelve and one.

Had you any conversation with him? - Yes; he came into the shop a little after twelve, and put his hand, as usual, to take the key down; the key used to hang up in our shop, they put it under the mat at the foot of the stairs, when they got up,

that I should get it to make their bed when I got up; when I had made the bed, I used to hang it up in the shop; the shop was not open in the morning when they went out; I said, Oh, Mr. Bingham, I thought you was in your room, for I have not had the key to-day; I did not find it under the mat that morning.

Mr. Garrow. Your Lordship recollects that Chambers went out last that morning, and locked the door.

Mary Blake . I told Mr. Bingham, perhaps Chambers is up stairs, not well; then he went up to the door, and came down again, and said the door was locked; I then said, perhaps the key may have been left on the three pair of stairs; he came down again in a little time afterwards, and I said, have you found the key; and he said, no; I said, I thought you had, because you staid up stairs; and then he said he got into Mrs. Barker's room, in the two pair of stairs room, and had been chatting with them.

How long did he stay up stairs? - I cannot say; it was more than ten minutes, but I cannot say.

At that time, had he any bundle with him? - None at all; I saw him have none; at night he came home, and could not get in, and they sent for a man to break the door open; then they found the boxes broke open, and the things gone; Mr. Chambers told me he suspected Bingham, and he told me he did not chuse to lodge with us, if Bingham staid; I told Mr. Chambers, if it was disagreeable, and that he suspected Mr. Bingham, I would give him warning to quit; Chambers said, I will tell him first that I suspect him; I did not give Mr. Bingham warning, because Chambers told me he would speak to him first: the prisoner had lodged with me upwards of a twelvemonth; I always looked upon him an honest, industrious young man, and as such I always found him, I never heard any thing to the contrary; I did not see Chambers go out on the morning of the 28th; when he came home at night, he said he had put the key under the mat, as usual.

Do you know Fanny Payne ? - I have seen her.

She was a sweetheart of Chambers's? - God knows, I do not know, for I do not trouble my head about sweethearts; Mrs. Barker is a lodger of mine, and Elizabeth Crossby is her niece.

Court. Can you tell whether the prisoner had been in any other part of your house, before he came into your shop? - I cannot tell; it was a little after twelve.

Mr. Garrow. Does the street-door open into the shop? - It is just by the shop; perhaps I might have seen him, perhaps not.

Court to James Chambers . You went out last on this morning, on the 28th? - Yes, as far as I know, without he concealed himself in the house; my brother went with me; I put the key under the mat, as before.

ELIZABETH CROSSBY sworn.

My aunt's name is Mary Barker , she lodges at Mrs. Blake's; I saw the prisoner on the 28th of April, about twelve, in my aunt's room, up two pair of stairs; Chambers lodges in the one pair of stairs; he staid in our room, as near as I can recollect, about twenty minutes talking.

Had he any bundle at that time? - Nothing at all; after he went out of our room, I heard him go up to the one pair of stairs, and knock at the door; there was no one at home; he came down stairs, and went away.

Court to Mrs. Blake. Did the prisoner used to come home in the middle time of the day? - Sometimes.

How far is your house from Mr. Fell's shop? - Our house is in Little Windmill-street.

Did he come home often in the middle of the day? - No; sometimes he did, and sometimes Mr. Chambers did.

Mr. Garrow. There was nothing extraordinary in his coming home at that time of day? - Nothing at all.

FRANCES PAYNE sworn.

You are acquainted with the prisoner? - Yes; I have known him a year and four months; I saw James Chambers from Mr. Bingham's bringing him to me.

Mr. Chambers, Madam, took it into his head to make love to you? - I first saw the prisoner at a person's house that I know, a friend of mine, who had known the prisoner four years; I went to service, and in Bond-street I was taken very ill; the prisoner went to get me a coach; I asked who he was; she gave him an exceeding good character; we became intimate, where I have been three or four days; he told the prosecutor he saw a person from the town where he came from, and he wished him to go and see me; Mr. Chambers and me continued friends till about three months ago, a person who had got acquainted with the prisoner persuaded me to quarrel; the prosecutor got the prisoner to write to me.

Then Chambers wished to be his successor in your affections? - Chambers did every thing in his power to make himself agreeable, but I could not find him so; I let the prosecutor come and see me at times as an acquaintance of Mr. Bingham's; before I dropped acquaintance with the prosecutor, he told me, if ever I was going to be married to any person, let him be whomsoever he would, that he would prevent it for a little, if not for a constancy.

Upon your turning off Chambers the prisoner came into favour? - Yes; on the 20th of last February, I left my place and went down to North Shields to my sister, who is here, I returned last Wednesday was a week; I went down with a promise of marrying the prisoner upon my return, and Chambers told me when I returned again the day after the prisoner was taken up, he was taken up after I came to town, Chambers knowing I was to be married to him on my return last Tuesday; when the prisoner was taken up the Monday before; on the Tuesday night at seven o'clock, the prosecutor came with Mr. Dexter, who is here, to me.

What business did you follow? - I have been a nursery maid from twelve years old.

Are you in service now? - No, I was down in the country seeing my friends, and when I came up, I took a room with intent of being married to the prisoner; Chambers told me, he came to inform me out of friendship what the prisoner was taken for; that he had taken up the prisoner; he asked me if I was married to him, but I did not answer him, he said, he pittied me; then he told me he always respected me, and was glad for my sake that I was not married to him, he certainly would prosecute the prisoner as far as he could, and for my sake he would not wish to see him hung, but would prosecute him as far as he could, and transport him, if in his power; he said, if I was not married, he was glad, if so he should be sorry; one of the witnesses here, gave him a letter to bring to me; the prisoner had given another person a letter, and the prisoner had desired Dexter to come and tell me, Chambers chose to come with him, and Dexter had not leave to speak.

JOHN DEXTER sworn.

I am a taylor; I know the prosecutor and the prisoner; I work at Mr. Fell's; upon the prisoner's being taken up, he desired me to go to Miss Payne to inform her; I did not desire Chambers to go with me, Mr. Chambers being with me at the Bear when the prisoner was committed, desired I would learn where Miss Payne lived; when we came there, the account Miss Payne gave, is strictly true; I have known the prisoner four years.

What has been his general character as to honesty? - I never heard any thing amiss of his character; on the 28th of April last, from six in the morning or a few minutes after, I saw Mr. Bingham till twelve; he returned to work at one, and continued there till eight; I went out with him from Mr. Fell's at half past eight, and we went across the way to a publick house, then he went on his master's business, and carried

some clothes to the Rev. Mr. Smith's, by Portland-chapel, and to another place in Oxford-road, and we both returned to the publick house, and supped together, he stopped with me till half past ten, and then went home.

WILLIAM KNIGHT sworn.

I am a taylor; I work with Mr. Fell, the prisoner overtook me as I was going to work in the morning, he went with me and continued till twelve.

Mr. Baron Perryn. It appears it was very imprudent to leave these duplicates in a drawer that was unlocked, exposed to other persons at the distance of a month.

NOT GUILTY .

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

Reference Number: t17860531-91

550. The said JOHN BINGHAM was again indicted for feloniously stealing, on the 28th day of April last, one cloth great coat, value 20 s. two silk waistcoats, value 20 s. a pair of silk breeches, value 20 s. a pair of velveret breeches, value 20 s. the property of James Chambers ; and a cloth coat, value 30 s. and a shagg waistcoat, value 5 s. the property of Robert Chambers .

Prosecutor. That is a wrong indictment, I do not wish to proceed upon it.

NOT GUILTY .

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

Reference Number: t17860531-92

551. HENRY BLAND was indicted for feloniously stealing, on the 25th day of May last, two pair of white cotton stockings, value 2 s. a cambrick neck handkerchief, value 2 s. a muslin ditto, value 1 s. a ditto, value 2 s. two landscapes, value 3 s. two decanters, value 2 s. a carpet, value 6 s. a teapot, value 1 s. two Manchester valences, value 4 s. a pair of sheets, value 8 s. a quilt, value 1 s. a pillow, value 3 s. a set of instruments, value 2 s. and a diaper napkin, value 1 s. the property of William Ayres .

(The case opened by Mr. Knowlys.)

(The witnesses examined apart at the request of Mr. Garrow, prisoner's counsel.)

WILLIAM AYRES sworn.

The prisoner had been with me as a porter pretty near three quarters of a year, at the time of his marriage with my servant, it became necessary he should be on another footing; they have been married between four and five months; I have every reason to suppose, that ever since that time they have been robbing me; I lost a damask table cloth and charged him with it; I know nothing but what Mrs. Ayres informed me; in consequence of some suspicions, I got a search warrant, and I was coming with it, and I was stopped by an officer and detained though a bankrupt; Mrs. Ayres searched the apartments; I had several times enquired of the prisoner where he lived, and he equivocated, and never particularly told me; I found out by an acquaintance where it was, and I went with Parrot the officer to his apartment, that was after they had been searched before, and there I found a pair of vallences that I believe to be my property; the search warrant was the 25th of May; I saw a pair of bedside carpets, that appeared to be cut off a roll of carpeting that I had in my warehouse, but I have not seen the roll since.

Mr. Garrow, prisoner's counsel. Was it a pattern you kept for sale? - Yes.

You now are a bankrupt? - Yes.

How long is it since the commission issued? - The 2d of last month I think.

Your time for passing your last examination is not expired? - I surrendered the first day of meeting; I have not undergone any examination.

Was it a friendly commission? - No, I do not suppose it is, at least I hope it will be friendly to me; I have been very much ill used by the world, in consequence of a partnership I had; my partner having left me, my attorney told me that nothing but a commission of bankruptcy would clear me; and ever since that I have been endeavouring

to bring this partner forward; it has cost me a great deal of money in law; I suppose I broke for about a thousand pounds.

You kept an auctioneer's and upholsterer's shop in Holborn? - I did.

May be the bankruptcy came upon you by surprise? - I was out of the way; I was confined.

Did you happen to be at home on Sunday the 23d of April? - I do not recollect.

Do you recollect about that time giving the prisoner any orders to draw any cyder for any body? - No; I will tell you the whole of that.

Did you on that Sunday 23d of April cause the prisoner to draw any large quantity of cyder? - No, I did not.

Did you tell him to carry a quantity of cyder to Mr. Wordsworth? - I told him to bring it to me; the cyder was very flat; it was seventy-two gallons; it was sent to Mrs. Ayres.

Did you give this man directions to take sixteen gallons to Mr. Wordsworth on Sunday morning? - No.

Did Mrs. Ayres desire him in your presence? - I do not recollect; but I drink it now every day; there were no orders.

Did he bring you any champaign? - Not that I know of; the prisoner continued in my service till my bankruptcy.

From the time of the prisoner's marriage, you began to suspect him? - Upon my word, and my oath, the reason why I did not take him up, was because of my respect to him.

For what purpose, and under what pretence, did you order the carpets to be sent to Mrs. Wordsworth's? - To cover a debt of Mrs. Parr's, my mother-in-law; she is a poor woman.

When were these removed? - Much about that time; the order was not given at the time that the order for the cyder was given.

Was it before or after? - I do not know, I cannot say, I will not say; I can say it was not at the time.

What might be the amount of Mrs. Parr's debt? - Twenty-one pounds.

What became of the carpets after they were taken to Mr. Wordsworth's? - Mrs. Parr had them; they were under twenty pounds; there was some carpets and ticking; I understood afterwards that it was not right, and they were returned.

What was it you understood, that it was wrong to pay your mother in this way? - It was before the first meeting, I mentioned it to the assignees, and they were very sorry it should appear that I had endeavoured to cover one more than another, as I had a partiality for her.

Who told you this was a wrong thing? - I cannot tell; I did not think it of any consequence to keep in my head; I cannot tell who told me so.

Did you pay any body else in this way? - I do not recollect.

Will you swear you did not to any body? - I beg your pardon; my Lord, I think this interferes with my last examination.

Court. I have been very attentively watching his questions, with a view to stop him the moment any thing tended to criminate you; the removal of your effects before bankruptcy, and giving a preference to creditors, though an improper one, is not such as will hurt you, provided you make a full disclosure on your future examination.

Prosecutor. My Lord, I stand here without accounts; Mr. Garrow comes to question me about circumstances; I can go no farther than my recollection; but upon my word and honour, every thing that comes to my recollection, I will bring forward.

Court. Mr. Ayres, if you are unintentionally incorrect, from not having your accounts and papers with you, that cannot be imputed to you.

Mr. Garrow. You cannot fail to recollect to whom you have delivered goods; now, tell me to what other creditors you have delivered goods about that time? - None, as I recollect.

Can you venture to swear, upon your recollection, that you have not delivered any

goods whatever to any person? - I will swear that I do not recollect.

Will you swear positively that you have not done it? - I will swear that; but goods sent to my warehouse on commission, I have a right to sent back.

That has been since the commission? - I think it was; an attorney, I forget his name now, in Bartlett's Buildings, sent me some pictures, upon commission; these pictures I was to sell for him on commission, and those not sold, returned; I believe I returned them somewhere about that time, which I am sure I had a right to do; it was before I surrendered myself to the commission; it was while I was at the officer's house, that I gave the orders about the cyder; it was before the docket was struck; the prisoner continued in my service till the commission issued.

What wages were due to him? - Twenty-eight shillings; he claimed four pounds.

Where did he apply to you for it? - In Ivy-lane, at Mr. Wordsworth's.

Did his wife apply to you too? - Yes; it was before the search-warrant; his wife came and behaved impertinently to Mrs. Ayres, and I came and gently put her out of the room.

What sort of impertinence was it? - She said enough to hurt the feelings of any woman in that situation; and told Mrs. Ayres that now she was but a little better than herself; I could not bear it; I did not mind it to me.

Was this before the sale of your goods? - Yes, I think it was.

And before the search-warrant? - Yes.

And three months after your suspicions? - Yes.

I believe the prisoner had the impudence to come himself after his wages? - He did, and he was not a little saucy; he said he must have his wages.

Upon your oath, did not the prisoner threaten at that time that he would disclose your concealments? - No, I do not recollect he did; he did not, I swear positively; when I spoke to him, and told him he must go to the commissioners, he said no more, but went out of the door.

Upon your oath, before the search warrant was obtained, did not the prisoner threaten you that he would disclose your removal of the property in the way you have stated? - He never said any thing of the kind to me upon any occasion.

Did he to Mrs. Ayres? - I do not recollect; I heard something of it.

Did not your wife tell you of it? - Upon my oath, I do not recollect it; I have heard it, that is sufficient.

No, it is not sufficient; upon your oath, did not your wife tell you of it? - I do not recollect she did; I will not swear she did not; there was a deal of conversation.

What do you believe? - I do not believe any thing about it.

But I will make you say something about your belief? - It is very probable she might.

Did not she, upon your oath? - I will not say, upon my oath, because I cannot.

You shall say whether you believe she did? - I do not know.

What do you believe? - I believe she did.

What do you believe she said to you about it? - I do not recollect.

Where do you believe it was that she told you? - I do not recollect any thing about it.

Did not Mrs. Ayres tell you that a man threatened to charge you with concealing your effects? - I believe she did.

How long before the search warrant was applied for? - Upon my word, I do not know.

Was it a week, or two or three days? - Oh, it was more than that, it was a fortnight; the prisoner came to me some time before the bankruptcy, not a fortnight; he said he wanted his wages; I told him he should be paid; he immediately said to me, very well, I am satisfied, and went away; then he came down a day or two after the bankruptcy, and said he wanted his wages; I told him it was entirely out of my power; then his wife came down,

and behaved so ill to Mrs. Ayres, I could not bear it.

Was it at that time that the wife had threatened you with discovering the concealing of your effects? - It might be the same day.

Do you believe it was? - I cannot keep it in my head.

Do you believe it was not? - I do not believe any thing about it.

Oh, but you must believe one way or the other? - I do not believe it was the same day, and I have no reason to believe the contrary; I do not recollect when it was.

Was Mrs. Parr present when your wife told you that? - I do not remember.

Within the last two months, what other persons had you delivered your goods to, either as returning them as belonging to them, or as paying off a debt, or any other way? - To no one; I do not recollect any thing of the kind; I am pretty sure, I think I can swear.

Mrs. AYRES sworn.

(Mr. Garrow desired Mr. Ayres to remove out of the view of his wife during her examination; he went out of Court.)

The prisoner was a servant of our's; I never had any suspicion of him, till I saw a neckcloth of mine about his neck; it was one of my habit neckcloths; it was a week or a fortnight before I discharged his wife, and that was about the 1st of March; I think that was about the 10th; the next day, he came in a silk handkerchief, which increased my suspicion; I said, Harry, I should be glad you would ask Ann whether she has mislaid any neckcloth; he took no notice of it; I never learned where he lived from himself, but I enquired, and found it out; and when the search warrant was taken out, I went with the officers, and it was in Angel-street, St. Martin's le Grand, in a two pair of stairs fore room.

Mr. Garrow. Is it the same street that Mrs. Wordsworth lives in? - It is; I found two China plates, and a Chinabowl; I said, there is some part of my property; he fell down on his knees two or three times, and said, Mrs. Ayres, for God's sake, do not hurt me, I will deliver you up all your property, but do not take me to prison.

Court. Was the officer present when he said so? - He was, and likewise the porter who fetched the things, his name is Thomas Hopkins ; that part of the property that is found, I know to be mine; there is a mark on one neck handkerchief; I know it perfectly well; and the stockings are marked W. A. Here is the fellow to the handkerchief, they are remarkably fine, I do not think there is such another handkerchief; I did not mark it myself; these other things are all fresh marked with the prisoner's mark; says I, Harry, this is the very handkerchief I have been in search after; says he, Madam, I do not know how I came by it, I believe it is your's.

(The things deposed to.)

Mr. Garrow. What did he say? - I asked him how he came by that bowl; says he, Madam, I took it; he fell on his knees, and said, I will pray for you as long as I live, if you will not send me to gaol; I said nothing to him, before he fell on his knees.

How long did the wife of the prisoner continue in your service, after he ceased to be in the house? - I cannot say how long.

Was it a considerable time? - He was our servant to the very last; but I really do not know; I cannot give you a full answer, I believe it may be about two or three months; I suspected him from the time he would not tell me where he lived; I had communicated my suspicions to most of my friends, and I mentioned about the handkerchief to every body that knew me.

Do you recollect, after your husband became a bankrupt, any application being made by the prisoner and his wife for the wages that were due to them? - Yes.

How long was that before the search warrant? - Why, Mr. Garrow, I cannot

say; I believe it was about a fortnight before the search warrant.

The man came first, and then the wife? - Yes.

His wife behaved very rudely to you? - She did.

She was turned out of the room, I believe? - She was.

What did they threaten to charge your husband with? - I never heard them say any thing of the sort.

At no time? - At no time.

Court. Recollect yourself, and do not be hasty in answering the question, nor be entrapped by it.

Mr. Garrow. I am sure, my Lord, I do not wish she should; my question to you, Mrs. Ayres, is, whether at any time they made threats of charging your husband with discovering any concealment of his effects? - I never heard it from either of them.

Did you ever hear of it, till now that I mention it to you? - No, Sir; I never heard of it till the day before yesterday; I never heard of it before the search warrant.

Then, of course, you are sure you never told Mr. Ayres that they had made such a threat? - I do not think I ever did say so.

Can you be sure that you never did? - I cannot be sure that I did not say it since, but not prior to it; I was under no fear of any thing of the sort.

Had you ever, before the day before yesterday, or before last Thursday, told your husband that you had heard that they had made such a threat? - No, Sir.

Are you quite sure of it? - I believe I may say I am quite sure of it; I am, till within this week.

Did you ever hear any body else tell your husband that such a threat was made? - No, Sir, I never did.

So, after waiting March, April, and May, at last, in the latter end of May, a search-warrant was applied for? - After I missed this handkerchief, I asked Harry where he lived, and he refused to tell me; says I, in case you are wanted, it is very odd you do not give me a direction where you are to be sent for; I asked one Waiter that lives at No. 45, and he did not know, and I asked another person, and he did not know; I made several enquiries, and I was told that Nanny had been seen go in at the green stall; I enquired there about a month ago; I said, Harry, I desire I may know where you live; says he, I live up in the Upper Turnstile, Holborn.

Did you apply for a search warrant as soon as you knew where he lived? - I certainly did.

How did you find out where he lived? - It was by mere chance that a gentleman saw him go in with a box; had I been to have acted for myself, I should have been after them at any rate; Mr. Ayres would not suffer me to entertain the idea that they were dishonest.

Did you ever apply to a Magistrate for a search warrant before? - No.

About what time was it that your husband was arrested? - About the middle of April.

He was in custody about a week, and then discharged? - I cannot say whether it was March or April.

How long before the bankruptcy? - Above a month.

Do you recollect being at your house in Holborn, and giving any directions about cyder, and champaign, and carpets, any time about the 23d of April? -

Court. The only defence would be, that these identical things were sent.

Jury. Did you ask the prisoner where he lived, and he denied telling you? - He would not tell me where he lived.

Mr. Garrow. Do you recollect giving any orders for the removal of any of the goods, after your husband had been arrested, and after he had been in the custody of the officer? - No, Sir.

Do you recollect ordering some carpets and some ticking to be carried? - I do not believe I ordered them; there were such

things came down to Mr. Wordsworth's; we had an apartment there.

Do you recollect any champain and cyder carried any where? - There was some cyder that was sent me out of the country.

Do you recollect giving such orders? - I desired him to carry about a couple of dozen to Mrs. Wall, as a present.

Was none carried to Mr. Wordsworth in Angel-street? - Yes, there was, but not by my orders.

Without your knowledge? - Yes.

What were your orders? - To take about a dozen and an half, or two dozen of the cyder to Mrs. Wall.

Had he orders to bring down the carpet and the ticking, or did he bring them without orders? - He had orders to bring them down.

What did you say to him when you gave him the orders? - It was, Harry you must take that carpeting down to No. 9, Ivy-lane.

What had passed between you and him about removing things? - I will be upon my oath he never had any general order; he had no orders; he never brought any thing down to me but these things; he never removed any thing to another place by my order, or Mr. Ayres's to my knowledge; I do not recollect giving him the order about the pictures to Bartlett's-buildings.

Mr. Knowlys. When you gave any particular orders to the porter, you thought he was bound to obey them? - As a servant he certainly was.

EDWARD PARRAT sworn.

I went with a search warrant to the place, when I first found the china plates, Mrs. Ayres challenged them to be hers; he fell on his knees held up his hands, and owned them to be hers; the pictures and some other things, he said, he bought himself, some from No. 45, and the bowl, he said, he bought himself; he was for an hour on his knees; he begged of her not prosecute him for the sake of his wife.

Court. Did he say a word that he had an order to bring them there? - Not a word, he was an hour and upwards on his knees.

THOMAS HOPKINS sworn.

I am servant to Mr. Ayres's brother; I was in the prisoner's house when the things were brought away; I brought them many myself; I heard the prisoner speaking to Mrs. Ayres, and beg her pardon, and he had the things; he down on his knees, two or three times in the room.

Did he say he had any orders to bring them away from her house? - I did not hear him say any thing of that sort, he said, the things were hers.

PRISONER's DEFENCE.

What I did, I did by my mistress's orders, and by nobody else, only the carpets, which I took to No. 9, Ivy-lane; what I had in my apartment, and particularly the china bowl, was by my mistress's orders.

Jury. What made you go down on your knees? - Because I was frightened, I never had been before a magistrate, seeing a constable come into my apartment, frightened me beyond description.

How came you to conceal your lodging from your mistress? - I did not conceal it; because when the commission was taken out, I left my number where I lived with Mr. Naylor the attorney, I told him to call on me.

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

WILLIAM WIGHTMAN sworn.

Court. When was you first applied to or consulted by the prisoner? - A little more than three weeks.

When was the search warrant? - The 25th of May; this was before the search warrant, because they came to me again when the warrant was taken out; it must be the beginning of May that he applied to me first, to know how he could recover his was wages; I told him I would mention it to the assignees; he then mentioned his having threatened Mr. Ayres with respect

to the concealment of his effects; he said, in plain terms, that he looked upon it to be concealing of his effects from his creditors; I told him I hoped Mr. Ayres, and those people that took them in, were aware of the consequences; it was a capital offence in Mr. Ayres, and in the people that received them, it was a very heavy penalty; that seemed to deter the young man from going any further in a disclosure, excepting that he did mention a place in Ivy-lane; I told him it will not be very material at present, if Mr. Ayres discloses these things at the time of his final examination, it is very well; if not, you will recollect what things you have carried, and we will see into them; upon the second meeting when the assignees were chosen, Mrs. Parr appeared, and proved a debt of twenty pounds, and on that occasion, she told the assignees that she had some goods in her possession.

GUILTY .

Court to Prisoner. You have been convicted of a felony on very clear and satisfactory evidence, and after a very minute and attentive examination, and under circumstances of as great aggravation as I remember to have occurred in any case; your crime is that of a servant robbing his master, and not content with plundering him in a time of distress, robbing him also of his character, and setting up a charge against him that might ultimately have affected his life; under such circumstances, therefore if you had been capitally indicted by your master, who in this case has proceeded mercifully; there appears to have been very little reason to conclude, that his Majesty, (however in general inclined to mercy) would have thought your life one worthy to be spared: the Court therefore think it their duty to pronounce upon you as severe a sentence, as the law enables them to do, which is, that you be

Transported to Africa for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-93

552. WILLIAM SNOOKS was indicted for obtaining, on the 24th day of April , one hundred mackerell by false pretences .

GUILTY .

Fined 1 s. and imprisoned one month in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-94

553 JAMES HAYLOCK was indicted for wilful and corrupt perjury in his evidence, on the trial of James Kirby and John Carr , at the last session at the Old Bailey .

(The indictment opened by Mr. Knowlys.)

Mr. Shelton, clerk of the arraigns, proved the record of the conviction of James Kirby , and William Carr , in the last session.

Mr. Hodgson, the short-hand writer, read the evidence of the prisoner on the trial, from his notes as follows:

"JAMES

"HAYLOCK sworn. I am a runner, I

"took the prisoner Carr, he was not in

"a run, he was in a kind of a walking,

"just by the Cock door."

THOMAS BURLEY sworn.

I attended at Litchfield-street before the Justices; the prisoner now at the bar was examined, and bound over to prosecute; when the prisoner Carr was apprehended, Haylock made use of a very bad expression,

he said, b - st my eyes and limbs, the b - r could not have run worse, for he ran plump into my arms; he has more than once said those very words.

I believe when the trial was here, your little boy was absent, and the Court waited for him? - Yes.

Did you send him back upon any occasion? - No, I did not, I was in the court, and Haylock came in to me, and put up his hand, says he, here is a pretty mess we are in, now that bloody rogue Blacketer has sent your apprentice away.

Prisoner. Did not I desire you Mr. Burley to stand up and get the trial put off the value of an hour? - He came in at that door; and I stood there; he did desire me to speak to the Judge concerning the matter that the boy was sent away; but he laid it on Blacketer.

Do you know what he swore before the Justice? - No.

WILLIAM BENNETT sworn.

I am an apprentice to Mr. Burley; and attended the trial of Kirby and Carr, here the last session; I was out of the way when the trial came on.

Who sent you out of the way? - Blacketer and the prisoner came both together, and asked which was Burley's boy, I said, there he is; I thought they meant the little boy, they said, no, the apprentice; Blacketer said that; then Haylock told me, that my master was in court, and he had sent out word, that I was to go home for some beef stakes, I am sure it was Haylock that told me so; I was at the Justice's in Litchfield-street, and going to the watch-house, I heard the prisoner say, that Carr ran right plump into his arms; I took Kirby.

Prisoner. Whether Blacketer did not send this boy home to fetch the bag that the meat was in? - They did not speak about the bag at first, they told me it was about beef stakes; I did not mention how many, but that I was to bring enough for them, and they told me, to mind, and be sure to bring the bag along with me; that was the bag that the prisoner Kirby and Carr left in the shop.

Did you bring the bag? - Yes, along with the stakes.

Was it produced in evidence? - It was not called for, only my master shewed it.

Was it the bag they sent you for or the beef stakes? - The beef stakes, and then they told me to bring the bag.

JOHN CROUCH sworn.

When Carr ran out of the shop, I pursued him, and cried stop thief; when he came to the corner of the Cock, this prisoner laid hold of him; I am sure he was running then the same pace that he did all up the street; he was running away from me; Sanderson came up to me next, and Mr. Brandy afterwards.

Did you go afterwards to Litchfield-street? - Yes, the next day, and at the watch-house, this prisoner made a bad expression, and said, he ran into his arms.

What did he say? - B - st my eyes he ran into my arms; I am confident he was running, not walking, and this prisoner told me the night before the trial and several other times, that if I said, I lost sight of him when he turned round the corner; I should have a guinea or two.

Did you lose sight of him? - No, only turning the corner, I got sight of him instantly; I gave account at the Justice's in the prisoner's hearing, that I never lost sight of him, and it was after that, that he made me this promise; at the Justice's, he said, he knew both the men, that they were both brothers.

JOHN SANDERSON sworn.

I am going of fifteen; I remember the time when Carr was apprehended for stealing some meat out of Burley's shop; I did not see him stopped, he was running when he went round the corner, very fast; the prisoner said, Carr came quite into his arms, he opened his arms, and said, he came right into his arms, he did not say with what pace; I cannot say whether he walked or run past the Cock.

Court to Jury. The case of perjury, and

high treason, are the only cases, in which the law defines how many witnesses are necessary; therefore whatever opinion we may form of the conduct of this man; it is impossible to convict him on this evidence, though it leaves no doubt, yet the law will not permit, that a man shall be convicted of perjury, unless there are two witnesses.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860531-95

554. WILLIAM HASLAM was indicted for that he, on the 18th day of December last, one piece of linen cloth, containing twenty-four yards of printed callico, value 3 l. 12 s. and five yards of printed callico, value 20 s. the property of John Acton and Gillingham Eyre , by a certain person then before feloniously stolen, feloniously did receive, and have, well knowing the same to have been stolen, and the person who stole the same not having been convicted .

(The indictment opened by Mr. Garrow, and the case by Mr. Silvester.)

(The witnesses examined separate.)

THOMAS FENNER sworn.

(Examined by Mr. Fielding.)

I apprehended the prisoner at the Horseshoe in Newgate-street, on a Sunday, about two months ago; that was before I went with a warrant to search his house; it was much about church time; I sent him to the Compter; about two days after, I searched his house, No. 42, Noble-street , up two pair of stairs in a front room; I went with Mr. Eyre; his daughter was there; we discovered two pieces of Irish, and a muslin apron, and sundry other things, which I should know again; they are here in Court. I believe I saw the prisoner with a taylor of the name of Jones; he was unwilling to be taken away.

GILLINGHAM EYRE sworn.

My partner's name is John Acton ; I had a servant of the name of Rogers; we are wholesale linen-draper s, in Friday-street; he came the 26th of November, and on the 29th of January, on a Sunday night, he came home about eleven, it was his Sunday to be out; I thought him a good deal in liquor; on Monday morning I gave him warning; the general mode is a month's warning, but when a servant has warning, my rule is to get another as soon as I can, and send them away; I gave him this warning on the 13th of January, and he continued till the 11th of February, which was Saturday, when I told one of our clerks to settle with him; he carried several trusses that day, and particularly one which was to go to York, and another which was to go to Tadcaster; I discharged him for coming home drunk, and frequently sleeping out; I had at that time no suspicion of his dishonesty; but that very day, before he was gone, Mr. Acton found out that he was robbed; we suspected some workmen, but they soon satisfied us; and we sent to the prisoner, and searched his house; the day week after he was turned away, he came to my house, in consequence of a message that was left for him; he came on Saturday, the 18th of February, and I applied to Mr. Clarke, and I took him to Bow-street, and there were ninety guineas and an half taken from him.

Did you make him any promise, that if he would disclose all that he knew, that you would not prosecute him? - I was very loth to do it; I rather apprehended that the promise came in this very place; he sent for Mr. Bill, while the examinations were going on, he came back, and said to my Lord Mayor that he had confessed the whole; I had not said anything; I believe Mr. Cole made him a promise, I apprehend so.

Mr. Cole. I certainly did, but I do not know whether there was any previous discovery or not.

Court. I must know as accurately as I possibly can, how the matter stands with respect

to Rogers's confession, before I examine him as a witness.

Prosecutor. He never made a full confession, till I and Mr. Metcalf went to the Compter, and told him he should be perfectly secure and safe, if he declared the whole.

Had he made any confession of having robbed you himself, before he was assured that nothing would happen to him, if he did confess? - I do not believe he had; I believe he did it to save his life; so far from it, there never was a more obstinate man in this world; he never confessed a single thing, till he thought his life was in danger: I found these things at the prisoner's apartments in drawers; in taking our stock over again, we missed a piece out of the box of Thomas Sinclair and son, who are the bleachers in Ireland; it was our own property; and this piece that was found at the prisoner's has the same mark, though a great deal of pains has been taken to wash them out; it has not been washed in the ordinary way; it agrees as to fineness; some of it was cut off, and the other nicked for short lengths; I have no doubt but it is mine; this print is a pattern of our own, and this; they were found in the drawer with the linen.

Mr. Shepherd. Had not Rogers a sum of money offered him to confess? - No; I never heard Mr. Bill or any other of my friends say so; Mr. Bill is not here.

Court. Send for him.

Mr. Shepherd. You do not mean to say that Sinclair and Co. bleaches no other linen but what you deal in? - No, Sir; they bleach a great deal more; by taking of stock over again, I missed a piece of yard-wide linen.

Court. Does this linen found, correspond with the quality as well as the marks? - Exactly.

You do not mean to state that there is no other mark to the linen, besides the bleacher's? - I wish there was; he bleaches or many other houses.

ELIZABETH HOLMES sworn.

I bought this piece of callico of Mr. Haslam; Mr. Haslam is a porter; I gave him one guinea for the piece, which is the full value of it; I never bought any thing of him before; I did not ask him how he came by it.

WILLIAM HOLMES sworn.

I am the husband of the last witness; I have known the prisoner about three years; I have known Rogers since the month after Christmas; I never saw him above four or five times in my life, I never saw him in company with the prisoner, I saw him in my own tap-room; I keep the Hoop and Falcon in Mouldmakers-row, St. Martin's-le-grand; the prisoner was not at my house above four or five times the outside, and then I had always an opportunity of seeing him; he was in company with another porter; I understood the prisoner to be a porter; I believe my wife bought this patch of the prisoner; I never had any conversation with him, to my knowledge; I might be possibly backwards and forwards in the room, I cannot possibly say, I believe I was in the room.

Did you pay for it, or your wife? - I did not, nor I did not see her pay for it, I did not see it produced, it was about a month or six weeks after Christmas, I suppose it might be about a fortnight before he was taken up; I keep the Hoop and Falcon still; I was licensed last licensing day.

Do you know whether the prisoner's wife takes in plain work? - No.

JAMES PRICE sworn.

I keep the Horse-shoe in Newgate-street, I have seen the prisoner several times; I have seen him and Rogers there together; Mr. Rogers has been at my house but a few times to my knowledge; I was at my house when the prisoner was apprehended, he came into our tap-room, and the officer with him; the officer called for sixpenny worth of brandy and water; he came in quietly, they both went out quietly, and about ten minutes after I heard a noise in the passage, I ran out, and the officer and the prisoner were scuffling, and the officer says, Price assist me; he was rather rusty on the business, I advised him to go

with him, this was on Sunday, about eleven o'clock; the prisoner often came through my house with linen, it appeared to me to be shirts and stockings; and his wife worked for the people about; but I did not see what it was; the prisoner used frequently to ask me whether Rogers had left any thing for him, any shirts or things for him, as he left things for him, I never saw what things they were.

Do you know of Rogers's leaving any thing for him there? - No, Sir, I do not.

What sort of people were they? - They were porters.

Had such people asked whether the prisoner had left any such thing for them? - They have mentioned linens.

Name some of the persons that so made enquiries? - There is one Jones particularly, who used to leave parcels for him, and Galland was one of the porters who used to use the house.

Now recollect another name? - Upon my word and honour I cannot.

What do you say to Mr. Kent? - I have seen him at our house; I do not recollect that he ever left a parcel to my knowledge.

What do you think? - Williams has, and Ned Jones has.

Mr. Shepherd. Who were these parcels generally left with? - They were left in the bar, the people they were left for came to receive them, they were tied up in handkerchiefs.

WILLIAM BILL sworn.

I saw Rogers when he was taken up; I never knew any thing of him before; I had no conversation with him at Sir Sampson's, only I asked him whether he was guilty or not, he said, he was not.

The prisoner sent for you? - Yes, when he was in the compter, I went in consequence; he was chained to the bed, and he said, he was not guilty; I said, you had better confess, I believe you are guilty; he did not make any confession whatever.

Mr. Shepherd objected to Rogers being sworn; and the Court observed it would be sheltering a felony to let in a misdemeanor, and that the objection lays in admitting an evidence who is a felon to be an evidence against a misdemeanor.

Mr. Silvester replied to the objection, and the court over-ruled the objection, and reserved the question for the opinion of the Judges.

RICHARD ROGERS sworn.

I was hired as a porter to Messrs. Acton and Ayre; I went there in November last; about five or six days after I had been at my master's house, I was going out with a load and I pitched it in the Horse-shoe passage; the house is kept by Mr. Price; I turned to the tap-room, and the prisoner and the man named Galland were both in the tap-room, and Galland being my countryman, I spoke to him; he was very well dressed; and he asked me if I was gone to live at a draper's, I said, I was; he said, he had lived at a draper's, but had left it a little time ago; he said, his masther had lost some goods, and thought it was him; he said, his master lived in Gracechurch-street; he began saying, if I had a mind, he could put money into my pocket, and something of that sort; and some few words passed; I asked him how, and he said, if I had got a piece of goods, he would give me money for it; I told him I did nothing of that sort, and I did not know how to do such a thing; and I went away with my load; he asked me if I could come that way at night, I told him, I dare not come out at night, but if I came that way with a load, I should call; he said, he would put me in a way to get rid of the things if there was a hundred pounds worth of them any day, he could get the money for them, I told him, I did no such thing; I met Galland often, but this prisoner I had never spoke to, but at the Horse-shoe; I saw the prisoner there every day after, and sometimes most part of the day, he and Galland were mostly together; and the prisoner and others at different times, many times asked what time I opened the

warehouse, and that they would be coming that way, and if I would get a piece of goods ready they would call for it, as they went past, and nobody would take notice of it; I told him he must not come then, for our apprentice was always up first, and he staid in the warehouse; he said, then if I would take some goods into the private cellar, the small beer cellar, then I might have a pocket like theirs, either a new coat made, or loose pockets put into that; I believe the prisoner recommended that about the coat, and I was going by that or the next day, and they were there, and Jones the taylor was there; says they, that is the man that will either make you a new coat, or put pockets in that which you have on; the prisoner was there then, he was the first man that spoke about it, and Galland was there, and Jones came and spoke to me, and said, he lived at No. 6, in the court, and he would measure me, and I went, and he measured me, and I had a coat with proper pockets that day or the next; and he asked me whether I would have one pocket for a print, and the other for Irish; and he made that coat, he put in very large pockets; I saw the prisoner and Galland after I had the coat made, and they said, the coat was not right, they would have the pockets altered, but they were not altered; whether Galland was there when he told me to bring some goods I cannot say.

When did you see this prisoner next? - Galland took me to the prisoner's house on Sunday morning, I believe about a fortnight after I was in place, the prisoner went with us from the Bell, he went up stairs, he did not say much then before Galland; there is a bell, and the prisoner told me to ring the bell, and come up stairs, he said the people below would not take any notice; I only opened the door, I did not stop but a very few minutes; that was the shop I was to leave the goods in if Galland was not in the way; the next day, or within a day or two, I saw the prisoner, and he asked me for piece of Irish; he was most mornings at the Horse-shoe, and I believe a day or two, or three after, he had a piece of Irish of me, I took it from out of a box in the cellar, the furthermost box but two in the lower warehouse; I took it to the prisoner at his own house, I think it was in the passage at his own door; I believe he went out and went down to the Bell, he said, he wanted for his brother-in-law to make shirts, I do not know his brother-in-law's name; he gave me a guinea and a half for it; two or three days after he said, lawns were much better things, they were wrapped in blue papers, they are not so long as Irish quite, if I could bring some of them, he could get more money for them; I had never lived with a draper before, I did not know them; and I believe the next he had, was some printed callico, I think it was a patch for a gown, or some muslins; that is one that I gave him, he said, he could not afford to give above a guinea and an half for the Irish; he said, the highest number was the best; I afterwards took him some muslins, that were ribs, he said, he could afford to give more for them, for his wife could sell them at the other end of the town; that patch was some of it I am sure, and he told me he sold this to Mrs. Holmes, that he never paid me for, but he said, he sold it to her for a guinea, and when she paid him he would give me the money; I did not know the Irish, they always cut the marks out as soon as I came there, they always examined them, and undid them directly.

Here is a bit of paper that was in your pocket when you was taken? - I remember it, it was my memorandum, an account of some part of what I delivered.

TIMOTHY HEALD sworn.

The box stood in the cellar with a great many other boxes, I do not recollect its position.

Mr. Shepherd to Rogers. Where had you lived before you went to Mr. Ayres's? - In Aldersgate-street, at Mess. Dean and Rowlet's, brandy merchants; I was turned

away from them for going after another place; I was in custody five days in Tothill-fields, and three or four days in the Poultry compter.

Who made the first proposal to you to discover? - My master, he sent word by other people, by Mr. Bill, and Mr. Sureton, and Mr. Williams of Aldersgate-street.

Was any money ever offered to you to make this discovery? - Not as I know of, they said there was a reward, and brought a paper to me; I did not understand I was to have it, or think about it.

Why did they shew the paper to you? - I do not know, I did not think I should have a reward, I never refused, I said did not know any thing at all about it; I did not make any discovery till after I heard of this reward.

Upon your oath, do not you expect to have a reward if these men are convicted? - I do not expect nothing, only about twenty-two pounds which I worked hard for, to be returned to me; I believe I received seventy-three guineas for the things which I took from my master's; they never promised to return me my money if this man was convicted.

JACOB JONES sworn.

I am a taylor; I made a coat for that man Rogers by his directions.

Who were present? - Nobody but him, and me.

Court. Recollect that you are open to a prosecution yourself.

Mr. Shepherd. Have you ever had any conversation with Rogers since he was taken up? - Yes.

Did he ever say any thing to you about having this money offered to him to make this discovery? - Yes; he said he was offered 100 l. by Mr. Kureton, and his partner; and he said he had received five guineas, but he did not say of whom, and if he did not make the discovery, he should be hanged.

The prisoner called two witnesses to his character.

GUILTY .

Court to Jury. Supposing I have done right in admitting the evidence, you have done right in determining from it; whether I have, or no, will be determined by higher authority; if they are of opinion with me, the prisoner must expect pretty nearly as severe a sentence from the Court as their power will enable them to pass.

Reference Number: t17860531-96

555. HENRY GALLANT and JOHN MORRIS were indicted for feloniously receiving a quantity of muslin, the property of Messrs . Acton and Eyre , stolen by a certain person, knowing it to have been stolen .

(The case opened by Mr. Silvester.)

There being no evidence, but that of Rogers, the defendants were BOTH ACQUITTED .

Reference Number: t17860531-97

556. JOHN MORRIS was again indicted for feloniously receiving, on the 3d day of February last, twelve yards of linen cloth for handkerchiefs, value 12 s. the property of John Acton and Gillingham Eyre , by a certain person unknown then before stolen, well knowing the same to have been stolen .

(The case opened by Mr. Silvester.)

GILLINGHAM EYRE sworn.

I lost twenty-eight pieces, and a vast number of half pieces for handkerchiefs; (the handkerchiefs produced and deposed to;) which were bought from the prisoner for eight shillings and three-pence, by Clarke Marsh , who lives with Mr. Price at the Horse-shoe; -it was brought open; Morris denied before the Lord Mayor having ever ever sold any long lawn.

- ROGERS sworn.

The prisoner had twelve handkerchiefs

of me in the Horse-shoe passage; he gave me half a guinea for them; he had a piece of lawn out of one of the boxes in the Horseshoe passage; I cannot speak to the lawn; I never saw it open, it was small in bulk, and a fineish piece; he gave me fifty shillings for the whole piece; there were thirty-six yards.

Prosecutor. They were worth six pounds a piece.

The prisoner called three witnesses to his character.

GUILTY.

Judgment respited .

Reference Number: t17860531-98

557. ANN HASLAM was indicted for feloniously receiving, on the 20th day of December last, twenty yards of check muslin, value 3 l. 10 s. ten yards of printed cloth for handkerchiefs, value 3 l. 10 s. the property of Messrs . Eyre and Acton , knowing them to have been stolen by a certain person .

NOT GUILTY .

Reference Number: t17860531-99

558. WILLIAM HASLAM and ANN HASLAM were indicted for feloniously receiving, on the 1st day of March , thirty yards of long lawn, value 3 l. 10 s. and two muslin shawls, value 10 s. the property of Messrs. Eyre and Acton , knowing them to have been stolen by a certain person .

BOTH NOT GUILTY .

Reference Number: t17860531-100

559. RICHARD NEWTON was indicted for feloniously receiving, on the 17th day of February last, one piece of lawn, value 3 l. 10 s. twenty-four linen handkerchiefs, value 40 s. a piece of cloth, value 40 s. ten yards of printed callico, value 30 s. and three shawls, value 30 s. the property of Messrs. Eyre and Acton , knowing them to have been stolen by a certain person .

There being no evidence, the prisoner was ACQUITTED .

Reference Number: t17860531-101

560. HENRY GALLANT was indicted for feloniously receiving, on the 12th day of December last, one piece of printed callico, value 3 l. the property of Messrs. Eyre and Acton , knowing it to be stolen by a certain person .

There being no evidence, but Jones the taylor, he was ACQUITTED .

The preceding Misdemeanors were all tried by the London Jury before Mr. RECORDER.

Reference Number: s17860531-1

The Trials being ended, the Court proceeded to pass Sentence as follows.

Received sentence of Death, 8, viz.

Edward Paile , Mark Powell , James Gasteneaux , John Wilkinson , John Delove , Mary Smith , Henry Asser , and Henry Palmer .

To be transported for fourteen years, 1, viz. Thomas Bray .

To be transported for seven years, 47, viz.

Thomas Watts , Lemon Barber , James

Gough , William Wood , Peter a black man, John Jackson , John Story , Thomas Smith (Africa), Joseph Myers , Abraham Liolto , Benjamin Barker , William Oliver , Thomas Griffiths , Joseph Baggally , William Browning , Daniel Higgins , William James Brown , William Lloyd , Mary Dixon , Matthew Brown , George Buckley , Francis Othello , William Pierce , Worley Warmsley , John Sympson , James Robinson , Abraham Solomans , William Williams , William Day , George Lambert , Samuel Sparkes , John Morgan , Thomas Livingston , Peter Holton , George Rosier , John Bradford , John Symonds , John Hall , John Ingle , John Patterson , James Bartlett (Africa), Jonathan Sherbold , John Ralph , John Turpin , Henry Bland (Africa), Thomas Ebbourn , and Joseph Farringdon .

To be confined to hard labour twelve months in the House of Correction, 11, viz.

George Morley , Charlotte Green , Sarah Lee , Ann Stainsbury , John Bamber , John Shemmell , Mary Winton , Mary Davis , Thomas Bridgen (Fined 1 s.), Eleanor Andrews , and Rose Fitzpatrick .

To be confined to hard labour six months in the House of Correction, 14, viz.

Catherine Greathead , Elizabeth Connolly , William Plumridge , John Williams , Elizabeth Griffiths , otherwise Burkitt, Ann Rowin , John Williams , Mary Nash , Richard Preston , John Arnold , Ann Grimston , Nicholas Waters , Daniel Marshall , and Charles Yardley .

To be publicly whipped, 3, viz.

George Morley , John Williams , and Charles Yardley .

Reference Number: a17860531-1

Mr. HODGSON

RESPECTFULLY returns his most grateful Thanks to his Employers and Pupils, for the Preference they have thought proper to give to his Mode of teaching and writing SHORT-HAND, which he flatters himself is at once as concise and correct as any other System; he continues teaching in four Hours, by four Lessons, the whole necessary Instructions in this much approved Art. He also takes Trials and Arguments with the utmost Care, which are copied so expeditiously as to be sent home the same Evening, if required.

No. 35, Chancery-lane.

N. B. HODGSON'S IMPROVED TREATISE ON SHORT-HAND, price only 2 s. 6 d. and also his new Publication, entitled,

"SHORT-HAND CONTRACTIONS, adapted to

"every System of Short-Hand; to which are added, a Comparative Table of Short-Hand

"Alphabets, and two Extracts by way of Specimen; with two Copper-plates

"annexed," are sold by J. Walmsley, Chancery-lane, and also by Bladon, Matthews, Egerton, Almon, and all the Booksellers.

Letters (post paid) from Purchasers of either of his Books, directed to Mr. Hodgson, No. 35, Chancery-Lane, will receive immediate Answers.


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