Old Bailey Proceedings, 19th July 1786.
Reference Number: 17860719
Reference Number: f17860719-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 19th of JULY, 1786, and the following Days;

Being the SIXTH 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 VI. PART I.

LONDON:

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

MDCCLXXXVI.

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable THOMAS WRIGHT , LORD MAYOR of the City of London; the Honourable Sir WILLIAM HENRY ASHURST, Knt. one of the Justices of his Majesty's Court of King's Bench; the Honourable JOHN HEATH , one of the Justices of his Majesty's Court of Common Pleas; 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 Hagger

William Portall

Humph. Th. Deacon

Marshall Crompton

Hodgson Clarke

Joseph Gray

William Brookes

William Ilston

James Sharp

Joseph Popjoy

Joseph Burrows

George Serjeant

First Middlesex Jury.

James Sheridan

William Babbs

James Rogers

Stone Tuppin

Edward Charles Hayley

William Inwood

William Leyper

Thomas Garnett

Thomas Allsop

Alexander Grant

Thomas Gifford

Alexander Donaldson

Second Middlesex Jury.

Solomon Hudson

Nathaniel Darwin

Humanitas Jackson

William Williams

Robert Mawley

Francis J'Anson

William Stoughton

Ambrose Bradbury

Edward Mousdale

* William Moss

* William Thompson served part of the time in the room of William Moss .

Thomas Hinds

William Lowe

Reference Number: t17860719-1

561. EDWARD SAUNDERS was indicted for feloniously stealing, on the 3d.day of July , twenty pounds weight of lead, value 10 s. belonging to Daniel Frazier , and fixed to his dwelling house .

JOHN FISHER sworn.

I am a printer; on Monday was a fortnight

as I was coming down stairs, I heard a noise; there is a window on the landing place; I turned my head, and saw the prisoner breaking this leaden pipe from the house; I stood to watch him; it was about half past seven in the evening; I then went into the yard, but before I got into the the yard, he took a knife and went into the necessary; I ran to the necessary door, and as I opened the door, he let the pipe fall down; I pulled him out and took him; I never saw him before.

PRISONER's DEFENCE.

I was going of an errand into Westminster, and coming back, I met a man, who asked me if I had seen a little child which he had lost; I told him no; I waited for him, and I went into the yard, and this man ran out, and running out into the entry, one of these gentlemen ran out, and said, I was breaking his pipe.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice HEATH

Reference Number: t17860719-2

562. WILLIAM BROWN was indicted for feloniously breaking and entering the dwelling house of Edward Leonard , between the hours of eleven and one, on the 24th day of June last, no person being therein, and feloniously stealing therein eight silver tea spoons, value 8 s. one wooden box, value 1 d. a crown piece, value 5 s. two half crowns, value 5 s. two shillings in monies numbered, thirty-six halfpence, value 18 d. and a piece of foreign copper coin, value 1 d. his property.

(The case opened by Mr. Garrow.)

MARTHA LEONARD sworn.

My husband's name is William Leonard ; I live at Charlton ; I know the prisoner, he is a neighbour's son; I went out on the 24th of June, about eleven in the forenoon, and left nobody in the house; I left the doors and windows all fast and returned at three, I then found a pole by the eaves of the windows, and the one pair of stairs window was open but not broke, and it appeared to have been opened by a chissel; with the assistance of the pole, any body might get up to the window; I missed eight silver spoons, a crown piece, two half crowns, one shilling, two sixpences, eighteen penny worth of halfpence; there was a Spanish piece of copper; the prisoner is the person, I have known him from an infant.

Mr. Peat, prisoner's counsel. Where is your house situated? - At Charlton in Middlesex.

Is that a town? - It is a village.

Before you left that house at eleven was you in that one pair of stairs room? - Yes, just as I went out, I was all over the house; I was the only person that was in the house.

How was the window fastened? - With a hook on the inside.

Court. Are you sure that window was shut when you went out? - I am positive it was shut and hooked.

Attend to what I say, the prisoner's life may depend on this part of your testimony, therefore be cautious? - I am quite sure.

THOMAS SPRIGGS sworn.

I am servant to Mr. Taylor; he is a Magistrate; I saw the prisoner at the breeches-maker's in Sunbury; I did not take notice that I was after him; I went with him, and we had a pint of beer together; I asked him if he was going home, and he said, yes; I asked him to ride behind; we went to another publick house, then he said, we might as well stop there, and have one threepenny worth, I told him, I should rather not, but he took me up to the publick house door, and we had this liquor; then I asked him, if he was going home, he said, no, he was going to have a game at bowles; I then told him he must go, for my master wanted to speak to him; he said, he should not go then; I told him, I did not know what my master wanted; he said, he would come to-morrow morning; I told him, that would not do, he said, must I go? I said, yes; then he made to turn to run away, and he walked with me,

and going across Sunbury-field I observed some money in his hand under the lap of his coat; I asked him why he did not put his money in his pocket, he said, it was nothing to me; when we came to Harwood-green, he said, coachman walk gently on, I will run over to my father; he ran twenty or thirty yards before me, and I ran after him and caught him, and brought him to my master, and my master ordered him to be searched, and there was no money found upon him, only a pair of cockfighting spurs; I asked him what was become of the money, he said, he had none about him, I said to my master, I would go and look for it; I went and looked, and found none, but the next morning I picked up a shilling, and I shewed my fellow servant the track.

Court. What age is the prisoner? - I do not know, I believe about twenty.

What is his father? - A labouring man.

Mr. Peatt. You say he did not run in the first instance, and he said, he would come in the morning? - Yes.

WILLIAM SMITH sworn.

I am another servant to Mr. Taylor; I went the same evening and looked in the same path-way my fellow servant shewed me, and I found nothing, I went the next morning and found a shilling, and in the evening I found a sixpence, two halfpence, and a farthing, and this piece of copper coin. (The money produced.) This I found, and delivered it to Spriggs.

Mrs. Leonard. The copper coin is like that which I lost, and the shilling and sixpence were like these.

Court. Do you believe them to be the same? - I have no doubt of the copper coin, and the others are like what I lost.

Jury. How long before you lost this money had you seen it in your house? - On that very day, in a drawer locked; the upper drawer was not locked, and that was taken out, and the piece that divides the drawer was broke.

WILLIAM DENHAM .

Do you know the nature of an oath? - Yes.

When you take an oath, what does it oblige you to do? - If I tell lies, God Almighty will not have me, but the devil will.

How old are you? - Nine.

Do you go to church? - Yes.

Can you say your prayers? - Yes.

Do you know that it is a very bad thing to tell a lie when you are sworn? - Yes.

WILLIAM DENHAM sworn.

I live in Harwood; I know Mrs. Leonard, and I know her house; I know William Brown , that lad there.

Do you remember seeing him at any time? - I saw him about two o'clock come out of Mr. Leonard's garden.

What day was it? - On a Saturday.

Was you afterwards told that the house was broke open? - No, Sir.

Was it the same day you was before Mr. Taylor? - It was the Saturday before the Monday that I went before Mr. Taylor.

Where did he go from the garden? - Into his father's garden upon the Common; he had a chissel in his hand, and stooped down.

Where did he bring that chissel from? - I do not know.

Are you sure the prisoner was the person you saw come out? - Yes.

Quite sure of that? - Yes.

Mr. Peatt. How far was you from the prisoner? - I was upon the Common, about the length of this room.

How far is that from his father's garden? - Not far off.

It might be a stick he had in his hand? - I am sure it was a chissel.

Court. What is it that goes round his father's garden? - It is a hedge and ditch.

Is it a high hedge? - Yes.

How did you see over the hedge? - I saw through the hedge.

Jury. How came you to take particular notice what he had in his hand? -

He had a chissel in his hand when he got over his father's gate; he passed by me when he came from Leonard's; I do not know what made me take notice of it; I told my mother first of it the same night.

How came you to tell your mother of it? - I do not know.

Had you heard this boy was taken up? - No, Sir.

Had you heard that Leonard's house had been broke open, before you told your mother? - I had not.

Court. Was there any thing particular in this? - Yes, I told her, I saw William Brown come over the hedge of Mr. Leonard's garden, and he went through the gate of his father's garden.

Did you speak to him, or he to you? - He spoke to me.

What did he say? - He only said, Denham.

HENRY ASLETT sworn.

I am headborough of Charlton; I was sent by Mr. Taylor's orders, after the prisoner was in custody, to his father's garden, and found a little box buried in the bank; it was the day after the house had been broke open; I have had it in my custody ever since; there was nothing in it; and I found these silver spoons in the garden, about three or four yards apart, buried in the mould, about the depth of my hat under a turf; they have been in my posseson ever since; they have Mr. Taylor's seal upon them; they are the same that I found.

(Produced and deposed to.)

Mrs. Leonard. They are marked S. W. they were my sister's; I saw the spoons the very day I went out, and left them in the same drawer with my money; I have no doubt of them.

Do you know any thing of this little box? - It is my little boy's box, it was in the same drawer; there was a new shilling, and two new sixpences in it; three of the spoons are quite new, they have never been used.

PRISONER's DEFENCE.

I went into my father's garden; it is very near a quarter of a mile from his house, the road where the lad stood is three hundred yards off; I came along by the place; but in the place I never was, and I am totally innocent.

JAMES JACKSON sworn.

I am upper servant in the family where the prisoner used to work; I have known him these three years past that I have lived there, we had plate and other valuable things about when he was about the house, and nothing was missed; it was in his power to have taken property if he chose it, I never knew any thing but a good character of him.

GUILTY. Of stealing the goods, but not of breaking and entering the house .

Transported for seven years.

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

[Transportation. See summary.]

Reference Number: t17860719-3

563. WILLIAM JONES and PETER POVEY were indicted for that they, about the hour of one in the night of the 12th day of July, into a certain garden ground, belonging to one Samuel Phillips , unlawfully did enter, and six plants called melons, value 12 s. belonging to him from and out of the said garden ground without his consent, unlawfully, feloniously and wilfully did break and destroy .

A second count, For stealing the same.

SAMUEL PHILLIPS sworn.

I am a gardner at Bethnal-green; on Thursday morning the 13th of July about two o'clock I got up to go to market, and I found my cart-house door broke open, and a quantity of onions stolen away; I then looked on my melon frames, and found the plants spoiled and destroyed, and the fruit taken away; I saw the fruit at half past ten that night, they were upon the frames, it was a hot bed, with a frame round it, but no frames at bottom; the melons are in court; after that when I went to

Newgate-market, I told Mr. Mosely the fruiterer, that I had lost six of the melons; and on the Friday evening I was informed that these two melons had been offered for sale by the prisoners.

Mr. Garrow, counsel for the prosecution. Did you go to Mr. Moseley's? - I did not go that evening.

Court. What is the value of these melons? - Twelve shillings; I found three melons at Mr. Moseley's; I lost six.

Were they the same sort of melons that you lost? - The very identical thing, the same size and growth, the same sort of fruit; I am sure they are mine; the prisoner William Jones worked for me seven weeks ago, he left me about that time; I know nothing of the other man.

Prisoner. Are there not more melons that come to market of the same size, here is no particular mark upon them? - Here is a melon, with a particular mark here that I can swear to, a mouse gnawed it an evening or two before it was lost, that makes me more positive, or else I could not have sworn to it.

THOMAS MOSELEY sworn.

I am a fruiterer opposite the Mansion-house; on Friday last the two prisoners came into my shop and asked me if I would buy any melons, I said, yes; they asked me eighteen pence for one; the value of this melon if ripe, and fit for sale is fifteen shillings, that occasioned me to have some suspicions; I had not a doubt whose melons they were, for I knew the growth of the prosecutor's melons, and he spoke to me in the morning; I told them to fetch the rest; when they came back, I asked them where t hey got them; they said, from one Mr. Smith of Islington, that a hog had routed them out, and they were to sell them for two shillings a-piece; I knew Mr. Smith, and that he was not a melon grower, he is a florist; I took them into custody, and before the Magistrate they said, Mr. Smith lived at Kingsland, and the third day they said, they met Mr. Smith in town.

What may be the value of the three? - About twelve shillings I should imagine, but it is impossible to ascertain a value, in the state they are, because they are utterly unfit to sell; no man that grew them would cut them, nor any fruiterer buy them.

Prisoners. We have no witnesses; Mr. Smith gave us these melons to sell; he asked us first to buy them; he told us he lived at Islington, nobody would go after him.

WILLIAM JONES PETER POVEY

GUILTY .

Each transported for seven years .

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

Reference Number: t17860719-4

564. HENRY JAMES and JAMES ROBERTSON were indicted for burglariously and feloniously breaking and entering the dwelling house of Charlotte Lefelire , about the hour of two in the night, on the first day of July , and burglariously stealing therein, a pair of brilliant diamond ear-rings, value 12 l. a rose diamond ring, value 8 l. a gold wire ring, value 8 s. a snuff box, value 40 s. a salt cellar, value 5 s. and three tea spoons, value 3 s. her property:

And MARY STRICKLAND was indicted for feloniously receiving, on the 2d day of July , a gold wire ring, value 8 s. part of the goods, knowing the same to have been feloniously stolen .

CATHARINE FRANCIS sworn.

I take care of the prosecutor's house; I have lived in the family many years as house-keeper; she and her sister lives in Castle-street, Oxford-market , No. 49.

What is the prosecutrix? - She is a single lady , and lives on her fortune; I remember her house was broke open on the 2d of July; there was nobody in the house but myself; the prosecutrix and her sister were in the country; I went to bed about ten, and saw every thing was secure, they were obliged to break the wall to get in; I was disturbed between one and two

with a noise, I got up and opened my room door, and heard a noise in the house, and at the yard door I saw something white lay, and at that moment the cat came up stairs, then I was certain somebody had been in the house to let the cat out; at the moment I called the watch; I saw some men get over the necessary, I did not know their number; I saw them go over the wall into the next yard, in that yard is a door that goes in Winslow-street; I heard the watch ring his rattle, and cry stop thief; when they were gone over the wall, I struck a light and came down stairs, and on the ground floor I found all the doors and bureaus broke open, I could not tell what was missed; I only missed three spoons, and a silver salt, till the ladies came to town; I afterwards saw a man in custody of the watch, I cannot speak certainly to him, it was candle-light; nothing was found upon him in my presence.

Mr. Garrow, prisoners counsel. It was so dark you could not observe the number of persons that were going? - No.

DENNIS MURPHY sworn.

I am a watchman near to the house of the prosecutrix; I was alarmed this night that the house was broke open; as I came to the house the woman that kept it told me there were thieves in the house, and I saw the prisoners come out of the next garden, I sprung my rattle and pursued them, and took them, they were never out of my sight; they ran about twenty-eight yards; I took James, he made a stop, and my brother watchman came up and we took him, the other two got out of sight; there was nothing found upon him but a knife; we took him to the watch-house, and returned and searched the gardens, and there was a crow found in the next garden to her dwelling house, that was the garden from whence the prisoners came.

Mr. Garrow. What sort of a night was it, was it dark or light? - It was a pretty clear light, and I could see twenty yards before me.

Was this pen-knife a fit instrument to break open a house? - It was a small knife; I found no ear-rings about this man; he was not dressed as he is now; he said, he was a drover, and had been drinking at some public house in the market; he never spoke a word about cattle; I did not look upon it that he drove cattle.

Court to Francis. How did you understand that these people got inside of your house? - There was a little window at the side of the yard door, and they undermined that window, to get the door unbolted; there were two bolts and a bar, and they had put in their arm to get them down.

Was the bureau locked over night? - Yes.

What was inside it, you did not know? - I did not.

JOSEPH QUICK sworn.

I am a watchman; I was alarmed by the rattle; I went to the prosecutrix's house; when I came to the corner of Winslow-street, Oxford-market, Dennis Murphy had got hold of the prisoner, who calls himself Henry James , I told him to hold fast; I searched him, and found nothing about him but this knife. (A penknife produced.) We took him to the watch-house, and when we returned, we went into the garden of an empty house, there I found this iron crow; after that we went and searched the prosecutrix's house, and found nothing but the drawers broke open, and a hole in the wall.

You searched this man the moment you came up? - Yes.

That is a knife that the drovers used to mark the beasts? - I do not know.

PETER DOBY sworn.

I am a tripe-man; I was in a public house about two; I was coming out of the house about half past two; I met the two watchmen, and there was a man walking backwards and forwards; and Quick picked up the crow, and I found another crow.

WILLIAM BLACKETER sworn.

I belong to Litchfield-street; I went to search the lodgings of the prisoner Robertson;

on the 4th of July I found him and took him; I found nothing about him; and I found in the pocket of Mrs. Strickland, who was in bed with Robertson, a ring, which is a very remarkable one.

(Produced)

THOMAS MUMFORD sworn.

I belong to Clerkenwell bridewell; I went with Blacketer; I know no more than he.

Sarah Smith called on her recognizance and did not appear.

Prisoner James. I leave it to my counsel.

ALL THREE NOT GUILTY .

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

Reference Number: t17860719-5

565. HESTER DAVIS was indicted for feloniously stealing, on the 29th day of May last, four bank notes, value 100 l. each, the property of John Guidott , privily from his person; the several and respective sums due thereon, being then due and unsatisfied .

(The case opened by Mr. Garrow)

(The witnesses examined apart.)

JOHN GUIDOTT sworn.

I am no trade; I have been in the marine service in the East-Indies between nine and ten years; I went out and came home with Sir Edward Hughes ; since I came home, I have had a pretty considerable legacy; on the 29th of May as I was coming along just by the New Church in the Strand, I picked up two women, the prisoner was one.

Was you drunk or sober? - I was pretty solid.

But a sailor's pretty solidness we do not understand? - I was capable of remembering what I did; I picked up the prisoner and another woman, and went into Mrs. Flannagan's house in Bridges-street, Covent-Garden, there was a bowl of negus brought up, both the women went up in the room; we continued there about half an hour, I had about eight or nine guineas in my pocket, and I had four bank notes of one hundred pounds each, which I had seen about me three or four hours before; I had been along with some friends, and staid a little too late; I am sure I had them with me when I picked her up; it was in this pocket book, in my side pocket; I had not this coat on; I had my coat buttoned; I got off the chair, took hold of the bowl, and just wetted my lips, and I set down in the chair, and I was no more, I lost myself quite.

Did you perceive it was intoxicating liquor? - Yes, I did; I awoke in half an hour, and the women were gone, my coat was unbuttoned, my pocket book was taken out, and found on the ground, and my hat taken off the table, the nine guineas and the notes gone; I enquired at the house; I saw these two women about a week after; my wife gave information at the public office on the Wednesday following; I saw them on the Friday at Bow-street.

What length of time had you of observing them, before you picked them up? - No great length of time; I saw the prisoner, and knew her again; I have no doubt upon it; I was sober enough to see and know the person of the prisoner; I have never recovered any part of my property; two notes were changed in the bank; here is a gentleman that knows how they came into the bank.

Mr. Knowlys, prisoner's counsel. Where had you been drinking? - At Islington; I was pretty solid.

Had you had no conversation with other people, previous to this? - No.

Are you sure that at the time you met these people in the Strand, you was not in company with another woman? - Before I saw them, I had no woman.

At what place were you, when you first came up to them? - At the New Church in the Strand.

I believe it was at the wall of Somerset-house? - It was near that.

I believe there are thereabouts some low prostitutes; now, was not you in company at that time with one of those prostitutes?

- No further than with the prisoner, and the other woman; I was not picked up by any body before I met those two women.

Which of the two ladies did you select for your companion? - The prisoner that stands there.

Are you as sure of that as you are of any thing you have sworn to day? - Yes, Sir, I am.

Upon your oath, will you take upon you to swear, that you did not desire the prisoner to leave the room, and that you was in company with the other woman you picked up? - No, Sir, I did not, I was in company only with this woman; they were both in the room, and this was my companion.

Were not you behind a hackney coach that night? - Yes, I was.

Who did you follow? - I followed some gentleman and asked him to stop; he asked me what I wanted; I said, Sir, I have no harm to you, but I have lost some property and I thought it might be in that coach; I understood there were two ladies in the coach; I did not charge these two women at all; upon which the gentleman said, I was going to rob him, and he gave charge of me, and the watchman said, I was so much of a gentleman; as soon as I awoke, I came down stairs, I saw the servant maid and told her, I had lost a large property, she said, she knew nothing at all about it, and she did not know the woman; I saw the prisoner about a week after I was robbed, and I said, do you know me? I shewed her the pocket book, and said, do you know this? and you have the property that was in it; then I threatened to send for a constable, and went out for one; I believe it was twenty minutes before I could get one, it might be half an hour, it might be three hours.

Was it twenty minutes, or was it three hours? - It was twenty minutes.

Court. How came you to say just now it was three hours?

Mr. Knowlys. Now take your choice, which of the two it is, the three hours, or the twenty minutes? - Twenty minutes.

Did you find these women in the same place? - Yes.

Waiting for you to apprehend them? - Yes.

What account did you give of this property when you arrived at Bow-street, what did you call it? - Four hundred pounds in bank notes.

Did you describe it in the security it was vested in? - Yes.

What security did you say? - A note on the bank.

Did not you say at Bow-street that they were Exchequer bills? - I received them from the Exchequer; I will now swear they were bank notes, and it was the prisoner that was with me.

How come you now, Sir, to swear they were bank notes? - I did not rightly understand them, the Justice proved that they were bank notes; my wife shewed me one of them, one that I happened to lay down, I mislaid it, and they happened to find it; I received them at the Exchequer-office at Westminster.

What time did you leave Islington? - At seven.

Can you tell us the places you was at between seven in the evening, and Somerset-house? - Yes, Sir, I found myself in Cheapside.

What did you do between seven and two? - I went from Islington to the Strand.

Was you these hours coming from Islington to the Strand? - Not quite so many hours.

You say you came from Islington at seven, and at two you picked up these girls? - Yes.

Will you swear you did not mislay all the bank notes? - I will not swear that I did mislay them all only one.

You can swear you did mislay more? - No, Sir, I did not.

Will you, after having been so drunk, take upon yourself to say you did not mislay any more but that one.

Court. Did you know that night that you had four or five? - I knew I had only four; I knew I had left one behind.

Did not you imagine the next morning when you saw your wife, that they were all five lost? - I did not imagine so.

You will not tell me I suppose how many women you picked up from seven till two? - None but these two.

Mr. Garrow. Did you give either of these women any money while you was there? - Not to my knowledge.

Did you, or did you not? - Yes, I gave Hetty Davis a guinea; I put the rest in my pocket; I am sure they were left in my pocket when I went to sleep.

Jury. I want to ask you a question or two, you was at the public house at Islington? - Yes.

How many people were there? - Three or four.

Friends and acquaintance, or strangers? - There was no acquaintance of mine, I dropped in promiscuously, they seemed to be gentlemen like.

You left it at seven o'clock? - Yes.

Where was the next house you went to? - At Cow-cross.

Drinking there at a public house? - Not in company; the next house was in Cheapside, I drank by myself, then I went to Whitechapel, then I came back to this end of the town; I was with nobody else till I came to the New Church in the Strand.

When you saw the woman of the house and you produced your pocket book, and said, she must know it, was any person present? - Yes, there was a man.

Court. You never saw these bank notes from the time you went into the house at Islington? - No, Sir, never after I left the house.

Did not you tell her you was going to get a constable to take her up? - Yes.

JOHN IBBETSON sworn.

I am a horse doctor; No. 11, Little-Bridges-street, I received information from Mr. Jones.

Mr. Knowlys. Have you been in court all the time? - Yes.

Then he ought not to be examined.

Mr. Garrow. I do not desire to examine him.

I have Wood's account, in which he calls them Exchequer bills and not bank notes? - They were Exchequer bills, and I exchanged them for bank notes.

JANE FOY sworn.

I am servant to Mrs. Flannagan; I remember the prosecutor coming to our house with two ladies on the 29th of May.

What time in the morning might it be? - About two I let them in, I shewed them into the first floor all together.

Did you carry them any thing to drink? - A bowl of negus.

Do you know the ladies? - I cannot say I know them, they did not belong to the house, the gentleman brought them in out of the street; I should know them if I was to see them.

Look about? - There is one of the ladies.

Are you sure of that? - Yes.

How long did they stay together? - About half an hour.

Did they all continue in the room? - Yes.

Who went away first? - Both the women, about half after two.

Did the man appear to be drunk or sober? - Rather in liquor.

Was he so drunk as not to know what he was about? - He paid for the negus one shilling; it was a bowl of Madeira negus; he gave me half a guinea, and I gave him change.

Good negus? - I cannot say; I let the ladies out, I had no conversation with him.

Did they tell you whether the man was coming after them? - The man followed them direct; he came in with the women, but he did not come down with them, he stood on the second or third step on the one pair of stairs, they did not take leave of one another; they went out first; he said, he had been robbed in their hearing; after the ladies were gone out, the gentleman

followed them; he said, he had lost his property, I asked him what? he said, a brown paper parcel pinned; I did not go up any more that night; I have seen the prisoner, I know nothing of her; I did not know her name; I did not know where she lodged; I saw her again at the Justice's.

Have you ever heard her say any thing about this? - No, I know nothing more.

You describe his coming down almost instantly after? - Yes, immediately; he came down before I got from the door to the passage; he went out immediately after, as soon as he expressed these words.

- THACKER sworn.

The prosecutor sold out a certain quantity of stock in the five per cents, and he bought in Exchequer bills; he went and received the money, I was not with him; I have been since he lost them, and enquired about them; I did not know any thing of them previously.

Prosecutor. I have the number of the notes in my pocket, which I took down before I lost them.

Had you made that memorandum before you lost them? - Yes, Sir, I did.

Jury. What time did you see them last? - I did not put down that that my wife had, I had mislaid it before I had taken the number of the others.

Mr. Garrow to Thacker. You went to the bank, and you only say what somebody told you? - No.

NOT GUILTY .

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

Reference Number: t17860719-6

566. RALPH FORES was indicted for feloniously stealing, on the 1st day of June , twenty yards of tambour worked muslin, vale 6 l. and one neckcloth, value 6 s. the property of Thomas Ballance , in his dwelling house .

(The witnesses examined apart.)

MARY BALLANCE sworn.

I am wife of the prosecutor; the prisoner opened the outer door, and came into the kitchen; and asked for a lodger, one Benjamin Pike , and he went out of doors, and Pike came in, and he came in directly after him, and said, Oh you are at home now; they talked together, but I cannot tell what they said; I heard them say something about twelve; this was about a quarter after eleven at night; the prisoner staid about five or six minutes, he went away and left Pike there, after he was gone Benjamin Pike asked me for a light, and instead of taking one, he doubted mine; the prisoner was in the house, and I saw Pike take the muslin, which was in a frame, out of a chair, and give it to the prisoner, and a muslin neckcloth they dropped in the entry; this was twenty yards of my master's property; my master first valued it at 5 l. 18 s. then he said, as I was a poor girl he would abate something; it was worth more than 40 s.; we took the prisoner on Friday night; I have not been able to find Pike; they staid in the entry till they folded it up into the frame; I alarmed the neighbours; I saw the prisoner one night before, he came and asked for Ben's work? the muslin was never found; the neckcloth was picked up in the entry by a young woman.

Mr. Peatt, prisoner's counsel. Pike asked you for a candle? - Yes, they took away the frame with the muslin, it was in the room in the arm chair, in one frame; it was very dark when the candle was out, but I could see by the light of the muslin; it was very dark, and the window was shut; nobody came in but this young woman that picked up the neckcloth; I have twenty-four women lodge in the house, but they were all in bed; I always examine them all the last thing at night; the candle was out when this young woman came in; I was very much frightened when they came in; there was a young woman laid asleep.

It was rather lightish out of doors that you could see by the street door. - It was

light enough to discover any body in the entry, I discovered Ben. Pike going to the chair, and giving the muslin to the prisoner; I had seen the prisoner about a fortnight before this, only once, I believe it was the 30th of May; the street door was wide open, but they stood in the entry.

MARY SHAFFLE sworn.

As I was coming home I saw Ben. Pike and the prisoner going into the prosecutor's house, where, I believe, they went in about eleven o'clock, within about five minutes as near as I can guess; I heard no cry, only a little talking as Ben. Pike and the prisoner talked together, but the prosecutrix made an alarm, and said she was robbed of her property.

Did the cry out for some person to come to her assistance? - Yes; I saw Ben. Pike and the prisoner come out of the door with a bundle, but which of them it was I cannot say.

What sort of bundle? - A hoop at top with an iron at bottom.

Court to prosecurix. You say you saw Pike take this muslin out of the chair? - Yes.

How near was the chair to the door? - As close as that table is; I complained on the Friday.

ISAAC RODEREVYS sworn.

I am a butcher by trade; I have known the prisoner these nine or ten years, he has very often lived in my service, a very upright young man as I would wish to hire.

What has been his character for this last twelve months? - Very good, he is known to be an upright man; these people that act in such a cruel manner would have compounded this matter in a notorious manner, they made me that offer, they wanted 6 l. 5 s. and said it was a pity; on the 2d or 3d of July, I was in court, he sent for me, I came, I was informed that two men had robbed Mr. and Mrs. Ballance, they offered to take 6 l. 5 s. for the whole.

Court to Mrs. Ballance. Is that true? - No Sir, I told Mr. Staple what had been offered me, and he said, do not take any money by any means.

JOHN COSLETT sworn.

I am a broker, I have known the prisoner twelve years; within these last twelve months he was clerk with me, he was exceedingly honest, I have trusted him with many pounds, he was admitted wherever I was, and always behaved well, he has bore a very good character.

Court. What are you? - A house broker.

What sort of a thing is a tambour frame? - It is an hoop, and has an iron at the bottom.

GUILTY, 39 s.

Transported for seven years .

Tried by the first Middlesex Jury before M. Justice HEATH.

Reference Number: t17860719-7

567. WILLIAM SMITH was indicted for that he, on the 22d day of April last, with a certain offensive weapon called a knife, which he had and held in his right hand, in and upon David Howell , in the peace of God and our lord the king then and there being, did make an assault, with a felonious intent, his goods, chattels, and monies from his person, and against his will, feloniously to steal, tak, and carry away .

A second count, charging him with this assault, omitting mentioning it being made with a knife.

(The case opened by Mr. Peatt.)

DAVID HOWELL sworn.

I am a shoemaker ; on the 22d of April last I was stabbed by William Smith , I went to Snow-hill with three pair of shoes about half past seven, and coming home about ten minutes before eight, I saw three men standing together at the end of Field-lane, facing St. Andrew's church, one of them on each side, and one of them foremost, they followed me, as I passed by one of them searched me, and I asked him in the name of God what do you want with me? he said d - n you, you rascal, I don't want any thing with you; that was him that was on the right hand side, then the

prisoner, William Smith , who was on the left hand side, swore by his God he would do for me, and he stabbed me immediately, and I dropped immediately, and the person that was before me came back with intent to rob me; he came and searched me to see whether I had a watch about me; my breeches pocket was quite tight.

Did the prisoner do any thing to you but stab you? - Nothing; then I dropped down in the middle of Holborn; the people came and surrounded me, and desired to take me to the doctor's; I was bleeding very fast.

Court. What did Smith do immediately after he stabbed you? - He went off immediately.

Did he go off before the other searched you? - I cannot tell; Smith tried to open my breeches pocket, because he was on my side.

You did not tell us that before; when did he try to open your breeches pocket? - As he was stabbing me, Smith was on my right hand side; he saw I would not give him leave to rob me, therefore he stabbed me; he tried before he stabbed me, then I dropped down dead, and as I dropped down dead, they desired I might be carried to the doctor's.

Are you sure as to the person at the bar? - That is the person that stabbed me.

How many moments might he be in your eye before the accident happened? - The value of seven or eight minutes; I have seen the prisoner many times; I have no doubt but that is the man, because he made an acknowledgement to me when I was in my bed; the prisoner was taken on the Sunday evening, the 23d of April, when I was very bad, he was brought to me in bed.

Mr. Garrow. Was Sir Sampson present? - No.

Who was? - I cannot tell their names; this man was.

Why is he in court? (ordered out of court.) Who were present? - Richards was one of them; I cannot tell their names; when the prisoner was brought to me it was between nine and ten; I was laying down on my bed; he told me in this way, your heart aches, and you are going to make my heart ache; and he desired me for God's sake not to go and swear his life away.

Did any thing more pass? - That is all.

Did you know him then? - Yes; I said nothing till I fully knew him?

Did you say you knew him? - Yes.

What did he say? - He said nothing, but biting his lips.

Mr. Garrow. The person that you took to be the prisoner stood to your left hand? - Yes.

You was stabbed on your left side? - Yes.

Three people came behind you, they did not meet you? - No, Sir.

The two persons that were on the side of you were not fronting you; which hand did the man stab you with? - With the left hand; I shall be glad to say as little as possible.

Why did not you mention that sooner? - I have had no conversation with the lawyers since last session; the same man tried to rob me with his left hand at the same time that he was going to stab me.

So finding himself disappointed in not being able to rob you, he instantly stabbed you with the same hand? - Yes.

What sort of knife was it, a clasp or a case knife? - That I cannot tell.

Did he put his hand into his pocket after he had tried your pocket, or had he his knife in his hand? - I cannot say; the man that came in front of me tried also to search my left hand pocket.

Did you hear the expression, by G - d I will do for you, before he was trying at your pocket, or at the instant? - Before.

At the last session have you ever said in your life, that the prisoner is the man that tried your pocket? - Yes, I said so when I was in bed, I always said so from the first day I was stabbed, to this day.

When he had stabbed you, the man in front came up, and the man that stabbed you ran away? - They all three ran

away; I was on the path way, it was ten minutes before eight, it was not half after seven before I went from my house; the next day this man was brought in custody to our house.

And what he said you took to be a confession of his guilt? - Yes.

You was a considerable time in the hospital? - I was.

Who told you that the present indictment could not be supported unless you swore that the prisoner attempted to take your money? - Nobody; I never heard so from any body.

I ask you this; has no person that is now in court, or any other person told you, that unless this prisoner was proved to attempt to take your money, this indictment could not be supported? - I was told that you was at the hospital door to enquire for me, whether I was out of danger; is your name Mr. Garrow?

Yes my name is Garrow? - I was told so by the people of the hospital.

Name a person to me that told you that; you must recollect that? - They told me that the counsellor that was employed by the prisoner enquired whether I was out of danger.

That person did not tell you any thing of Mr. Garrow. Upon your oath Sir, was not it your own solicitor that desired you to say that to day? - I have no attorney.

I shall travel one step higher; is not the person in court who desired you to say that? - I am not able to stand.

Upon your oath is not the person present that directed you to say that? - Upon my oath nobody told me in the court.

Is not the person now in court that desired you to say that? - I will take my oath that nobody in court told me any thing.

Did no person to your knowledge now in court, tell you to say that? - I will take my oath that the person is not here.

Who was it? - The nurse of the hospital.

When was you told so? - Last Thursday was a week the nurse told the sister, and sister told me; they never mentioned your name, they said the counsellor.

Why was it then when I asked you the question, just now, your answer to me was; is not your name Garrow? - Because I have heard many people telling here the last sessions, that you was to speak for the prisoners.

Has no person that is concerned for you as a lawyer given you directions to day? - I will take my oath they have not, or God may strike me dead.

Did any body tell you to say you was too feeble to answer my questions? - No.

Has nobody wrote it down. - No; it has been a fortnight since last Thursday; I am not out of the hospital yet.

What is the name of the sister that told you? - Her name is Soldier.

MOSES MORANT sworn.

I apprehended the prisoner; after he was apprehended I went to the prosecutor with the prisoner, as he lay in bed, and he looked at the man, and said that was the man that robbed him; the prisoner said do not swear to me, for I am an innocent man; nothing else material passed.

Mr. Garrow. How was the prosecutor's intellects at the time? - He appeared to be very ill at the time, but he appeared to be very sensible; I never saw him but that time.

Had you shewed any other person to him before, as the person you suspected? - I do not know.

Was Howell apprised that you was coming with the man? - Yes, I think he was; because his wife went in first and told him that one was come with the man; to which he instantly said that is the man; and the prisoner instantly said do not swear my life away, I am an innocent man; I apprehended the prisoner at the sign of the Falcon, in Port-pool-lane; the prosecutor seemed to be in very great agony.

Have you had frequent conversations with Howell? - I do not know that I

spoke to him about that matter till last session; I did not hear his examination.

Have you ever had any talk with him about this business? - No, no particular talk.

Did you ever hear from him that he suspected this to be in consequence of spight; did he always represent the attempt to rob him to be before or after the stab? - I understood before.

He made nothing like a confession? - On the contrary he always persisted in his innocence.

Who is the solicitor for the prosecutor on this occasion.

Mr. Peatt. I will tell you, it is Mr. Moreton.

MOSES COUZENS sworn.

Was you present when this prisoner was apprehended? - Yes.

Did any thing material pass? - I heard no words; I was not in the house; I was at the door.

RICHARD AKUM sworn.

I was present when the prisoner was taken.

What was said by the prisoner? - He said he was not the man; we brought him before Mr. Howell, and he said he was the man; and the prisoner said, now Sir your heart aches, and you have a mind to make mine ache.

EDWARD MELLSOME sworn.

I was present when the prisoner was apprehended, and when he was taken to the prosecutor's house; as soon as ever the prisoner came before Howell, Howell turned round and said that is the man that stabbed me.

GEORGE CORSHEAD sworn.

I am a surgeon; I attended the prosecutor for a week; he was brought about eight in the evening, on a Saturday; if I recollect right, to my house, and at that time he had a wound in his side, which I dressed; I suppose it penetrated about two inches.

Did it appear a dangerous wound? - It appeared to be from a sharp instrument, either a knife or a bayonet.

Mr. Garrow. It was before he went to the hospital that you atended him? - Yes; he said somebody had stabbed him; I saw him on the Sunday; the symptoms of delirium I was informed on Sunday appeared, and on the Sunday evening he was scarcely sensible.

About what time on the Sunday evening did you visit him? - I believe between eight and nine; the symptoms had then begun, and I was in again between ten and eleven, when they were worse.

I have no doubt but you took all possible care; would not it tend to disturb the frame to bring the man? - Not a doubt of it.

How long might the delirium continue? - He was exceedingly ill many days; I thought he would die; I did not see him after he went to the hospital; a young man that is with me is here.

- PITTS sworn.

I attended the prosecutor at the hospital; when I first saw him in the hospital, he was in a very dangerous state, and continued so a great while; he was getting well, and he came to this court to attend the trial, and the trial was put off, and he came home exceeding ill indeed, a fresh inflammation, a cough, and a difficulty in breathing, and we have been obliged to give him the strictest regimen.

Mr. Peatt. Is he much weakened in consequence of his wound? - He is.

I should suppose he is capable since he got the better of that symptom that came on by attending here.

Court. Is there any more common symptom than that of his taking one person for another? - Wherever a man is delirious, his mind is deranged, and his ideas certainly.

But do you not in point of experience and fact, frequently find that persons in a delirium sever take one person for another? - Yes.

Prisoner. I leave it all to my counsel.

Jury. I think the prosecutor said he had some previous knowledge of the prisoner? - Yes.

Would it be amiss to ask him how he knew him.

Court to prosecutor. You have no personal knowledge of the prisoner? - No, Sir.

You only mean to say that you have seen him more than once? - Yes, I have seen him more than once.

Jury. By that knowledge of seeing him different times in the street, can you swear now to him positively? - Yes.

Court. As far as you think under all the circumstances of the case, that the prosecutor in the state he was can be depended upon, he has sworn that he was the man.

REBECCA SHACKELL sworn.

I keep the Falcon in Port-pool-lane; I am a married woman; the prisoner lodged in our house four months; he was a hackney coachman, during the time he lodged in our house he always bore a very honest character; a very sober honest man as far as I knew; he drove for no person in particular; he was waiting for a place to drive for Mr. Earl, a coachmaster, and he was to have gone the very next day that he was taken up to a job; Mr. and Mrs. Earl are not here; he was obliged to go out of town, and she could not come on that account.

WILLIAM FREEMAN sworn.

Is Martha Freeman here? - Yes, she is my wife.

Is she out of court? - Yes, I live with Esquire Harrison in Brown's wharf, next the King's brewhouse, St. Catherine's; I know the young man at the bar; on Saturday the 22d of April, in the evening, I saw him within about two minutes of eight, and after eight.

Where did you see him? - At my house in Aldgate parish, in what they call Upper East Smithfield.

How far is it from St. Andrew's, Holborn, to your house? - I suppose it is a mile and a half, and better; I saw him close upon eight; I was very particular to the time.

What made you so particular? - Because I have lived with Mr. Harrison near upon five years, and I said to my fellow servants, that I never knew such a thing since I had been there; we had all got our monies and paid out score, and parted and se: off home, that made me remember; the prisoner had been at my house some time; when I had got there, one of my little girls opened the door to me, and said daddy, Bill is here; I said what Bill? she said Bill Smith ; I said to the child, who is about eleven years old, how long, says she to me he has been here about a quarter of an hour, then I saw him there; I knew his father, his sister, and brother; I suppose he and I were about five minutes talking, and he got up to come away, and I says to him, Bill have a draught of beer, says I, you and I can drink a pot of beer, and I sent for a pot, and he and I and my wife drank it; we had nothing to eat; then we parted, as near as I can guess, it wanted a quarter to nine; I think it was the Monday or Tuesday after I heard he was taken up; then I recollected I had seen him on the Saturday.

Are you sure it was the 22d of April? - I think it was the Saturday before he was taken up; I am sure to the time; my wife was there, and is here now; my daughter is not here; I have known the prisoner from a child; his father was a publican, and he was put apprentice to a carver and gilder, or something of that, but I believe he did not serve much of his time; he is a hackney coachman, but I do not know what place.

MARTHA FREEMAN sworn.

Court. Let William Freeman go out of Court.

I am wife of William Freeman , of Brown-Bear-alley, No. 1, East-Smithfield; I know the prisoner, I saw him on the Saturday before he was taken up; I heard of it on the Monday; I saw him on the Saturday at my house, a quarter before eight; my husband was not come

from work, I suppose he might be come in about a quarter of an hour, he was waiting for my husband, he asked my husband, if he had heard of a place, either of a horse-keeper's place, or a coachman's place; my husband drives a flour waggon for Mr. Harrison; he wished to be either a horse-keeper or a coachman, then he said he heard of a place to go to on Monday, he said the name was Earle; my husband asked him to drink a draught of beer, and I sent one of my children for a pot of beer, and he staid and drank it, he wanted to go, and my husband said do not go till the beer is out; we drank it, we had nothing to eat with it at all, we staid till nigh upon nine; and on Monday he sent to let me know that he was taken up, which was a thing he was unguilty of, he begged that I would go down to him; my husband said you cannot go, you cannot leave the children; I am sure as to the time of night; I have known the prisoner fifteen or sixteen years, I never knew any harm of him in my life, an honest goodnatured lad, I never knew him guilty of an ill-natured thing in my life.

GUILTY .

Transported to Africa for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-8

568. WILLIAM GREGORY was indicted for feloniously stealing, on the 3d day of June last, eighty-six pounds weight of tea, value 20 l. and one chest, value 1 s. the property of Thomas Garrett , William Heathfield , and Thomas Higgins .

EDWARD LARKIN sworn.

On the 3d of June last I cleared some tea for the prosecutors, among which was a chest of tea which I believe is lost; it was left in the company's warehouse in Fenchurch-street ; I do not know what is become of it.

- CHAPMAN sworn.

I live with Mr. Wallis, a grocer in the Mint, on the 3d of June I went to the company's warehouse for two chests of hyson tea; Mr. Viney was the broker, and I believe about two in the day I got the two chests of tea, he shewed me the chests, and I put them in the cart, when I came to the corner of Fenchurch-street I asked Gregory if he would take his chest of tea, the prisoner was no accquaintance of mine; I took it up an alley by his desire, and put it in a room, I do not know what mark there was upon the chest, I objected to carry the chest of tea up the alley, because I did not know that I had any business to carry it, and he told me he would give me some beer, we drank a pot of beer, and I let him ride as far as Mr. Saxelby's in the Borough; I know nothing more.

ELIZABETH COOK sworn.

Gregory is an acquaintance, he brought a chest of tea to our house about dusk.

THOMAS COOK sworn.

I was not at home when it was left, but about half after nine the prisoner came and fetched the chest away.

JOHN VINEY sworn.

The prisoner lived servant with us about two years, during which time he has been entrusted with large sums of money; I did not hear of the loss of this chest of tea for some time after, which was the 3d of June, when I questioned the prisoner about it, he told me -

Mr Garrow. Will you give me leave to ask you if any promises have been made? - I do not know what Mr. Arthur did.

Mr. Garrow to Arthur. How is that matter?

Arthur. I certainly did.

Court. Then we cannot hear any thing of it.

SARAH BALL sworn.

I was hired on Saturday the 13th of June to Messrs. Garret and Co. grocers at Moregate.

Do you attend the lading always? - Yes, thirteen chests should have gone, but there was but twelve, not finding the chest, we waited till all the other carts came in to see if any mistake had happened; there proved to be none, then we sent home the dozen of chests, and we made

as much enquiry as ever we could, and challenged the young man several times, and he denied it.

Court. There is no evidence of the identity of the property sufficient to convict the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. Justice ASHURT.

Reference Number: t17860719-9

569. ELIZABETH RIGBY otherwise POWELL was indicted for feloniously assaulting Lydia Allen on the king's highway, on the 10th day of June last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, seventy-five yards of printed callico, value 15 l. and eighteen yards of muslin, value 3 l. 16 s. two muslin aprons, value 20 s. five silk handkerchiefs, value 10 s. four muslin shawls, value 10 s. twenty yards of dimity, value 3 l. her property.

LYDIA ALLEN sworn.

I go out with muslins and gown pieces to sell ; they were my own goods, I did sell them for a gentleman that I had the goods of, Messrs. Thorpe and Groves in Holborn, and I must answer for them; on Saturday the 10th of June, between two and three in the afternoon, as I was going down the king's high road, I passed the prisoner, she was standing against the pales; I saw no person with her; and as I was coming up from the Red-lion, near Moorfields, she came up to me and drove away my bundle from under my arm by main force; I was in the middle of the road, and she laid hold of my bundle, and swore an oath, and by main strength took it away, and crept under the pales; I strove, but her strength was twice as much as mine; I struggled as much as I could to save my bundle, it was all I had in the world; I cried out for help; there were several people came up, but nobody followed her, till one young man came up; I had seen her before at Bow, but I never had any conversation with her; at night a young man took me to her lodgings, but they were locked up, and as I was looking out of my window in Holborn, I saw the same person that robbed me, on the Monday following with a young man, I ran down stairs and cried out. and at the top of Saffron-hill I got an officer to take her; I begged her to tell me where my property was, she said, if I would put the officer out of the room she would; and the young man that was with her called her bitch, and said, she knew nothing about it, I said, if I could get my property again, I should be very happy.

Did not you say you would be favourable to her? - I said, I did not want to hurt her; I did not wish to have any more of her.

Court. Then you must not say any thing she said.

Prisoner. Did not you say you had been robbed by two boys? - About one I had a pint of beer and three-penny worth of salmon; my bundle was loose; I went to tie it up, a gown dropped out, a little boy ran away with it, but I got it again.

Prisoner. Whether she did not treat me with a glass of peppermint? - I never did.

Prisoner. Ask her, if she did not ask me to go to Bow fair.

THOMAS LEE sworn.

I am a shoemaker; I apprehended the prisoner, and took her to a house of safety, and this woman said, for God Almighty's sake restore it, if it is but half my property.

Prisoner. On the Whitsun-Saturday, at holiday time, I sat almost facing Jewin-street, and where this woman said she was robbed, was at Mr. Sansome's the bottom of the city road, of a piece of gown; she took hold of a boy, and desired to have her property, directly a man came up, I followed with my lobsters, I had nothing to do with it; she asked me to go into the baker's, and to go with her to Bow fair to sell these things for her, I said, no; and she directly called a man, by the name of

Smith, and she gave him a thing that the people play with.

The prisoner called one witness to her character.

NOT GUILTY .

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

Reference Number: t17860719-10

570. WILLIAM ROBINSON was indicted for feloniously stealing, on the 20th day of May last, a man's woollen coat, value 3 s. the property of George Rankin ; a cloth coat, value 10 s. a waistcoat, value 5 s. the property of Michael Chew ; and one silver watch, value 3 l. a pair of shoes, value 3 s. and eighteen pence in monies numbered, the property of Christopher Nuby , in the dwelling house of John Zugge .

- RANKIN sworn.

I lost my property the 20th of May; a coat made of woollen; my wife gave it to the prisoner to cover him; I told her to do it; I knew she did it; I saw him take it from her; I saw it the 6th of July upon Robinson's back; the great coat was very remarkable, the sleeves have been changed; the prisoner went out the next morning.

What is the value of this coat? - Eighteen-pence or two shillings.

How long have you had it? - About three years.

MICHAEL CHEW sworn.

I lived in the house; I am an apprentice there; it was the 21st I missed a cloth coat and waistcoat; when I went to get up about six they were gone.

Where was this cloth coat and waistcoat? - Hanging on the back of a chair, against the bedside; I never saw it again; when I went to bed, the prisoner asked me if they were my best clothes; he was laying atop of the bedstead in the room; I said, yes, they were my best clothes, I had no other but what was at my friends; he began examining about the bedstead; he said, he did not lay high enough, and I gave him two old great coats; in the morning about half past three, I awaked my bedfellow to see what it was o'clock; that was Mr. Nuby; we went to look at his watch and it was gone; then I fell asleep; the prisoner was gone watch and all; I am quite sure the prisoner was the man; I valued the coat and waistcoat at fifteen shillings.

CHARLES NUBY sworn.

I lodge at the house of Mr. Rankin; on the 20th of May the prisoner came to me at twelve o'clock on the Saturday; Mr. Rankin knew him, but I did not; the prisoner said, he had a ham and six bottles of wine from Rotterdam, they were in the ship, and he would fetch them to Mr. Rankin's house in the morning; Mr. Rankin kept him to dinner; he told me if I would go on board the ship, I should drink geneva, I tell him, I do no like it, he tell me. I shall stay there all day, I tell him, I do no like it; I was in my room reading the Bible; Mr. Chew slept in the same room.

Did you lose any thing that night? - Yes, I saw him in the night sitting up in the bed; I lost a silver English watch, and a couple of leather shoes, and eighteen-pence in silver; he took it out of my pocket.

What is the name of the man where you lodge? - John Zugge ; my watch is valued at three pounds and an half, my shoes at 3 s. I missed them in the morning as soon as I could see; he tell me, he could not sleep for buggs; I saw nobody else there that night; he took the best shoes.

ROBERT MATTHEWS sworn.

I am a smith; I lodged in this house; in May last, I saw the prisoner go out in the morning; I heard somebody come down stairs, I thought it had been the apprentice; I heard a great bustle at the door, and looked out of the window to see, and the prisoner was with Rankin's coat on, and the apprentice's coat under it; he was not stopped at that time; he did not run off, he walked; I am sure they were the coats.

HENRY BIRGMAN sworn.

I am a cabinet-maker; I work for Mr. Rankin, and I saw the prisoner; I saw him a fortnight after with Mr. Rankin's coat on.

JOHN YOUNG sworn.

I am round house keeper of St. Giles's; the prisoner had this coat on; I have kept it ever since.

(Produced and deposed to.)

PRISONER's DEFENCE.

Concerning the wine and ham; when I was last at Rotterdam, I saw an acquaintance of the prosecutor's, he said, he would send him some wine and ham, if I would give him a direction; I gave him one; I then came to London, and I was in the space of two months in expectation of finding these things; I called on the prosecutor, and staid there till the evening, and he asked me to sleep in the house, and he gave me a blanket to sleep in, on an empty bedstead; his wife brought me up a great coat; I went away with it in the morning between five and six; I did not return again till I was made; and then these things were laid to my charge; the coat and waistcoat and watch, I am a stranger to.

GUILTY, 20 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-11

571. MARY WADE otherwise COCLIN was indicted for feloniously stealing, on the 28th day of June last, sixty-three yards of callico, value 10 l. the property of John Ashby and John Philpot , callico printers ; laid, placed, and exposed in their bleaching grounds to be printed .

JOHN ASHBY sworn.

I am partner with John Philpot ; on the 28th of June I lost three pieces of nine eights British callico, value ten pounds and upwards; it was brought to our house to be printed; the callico was pawned by the prisoner; I saw it there the day before.

ROBERT DAWSON sworn.

I am an officer; on the 15th of this month I received information, the prisoner had some callico; prior to that I saw the advertisement of the prosecutor being robbed, and some hand bills; in consequence of that I apprehended her; I was informed she had pawned them at Mr. Mathews's in the Minories; I saw some callico there, I cut off a little bit, and I advertised it, and Mr. Philpot came and claimed it, and another piece I found at Mr. Windsor's a pawnbroker in the Minories, which appears to be a counter part of the other that I found at Mr. Mathews's.

- MATHEWS sworn.

I am servant to Mr. Mathews; I took in a piece of callico of the prisoner, on the 29th of June; I am sure it was her.

ALEXANDER DICKSON sworn.

I am servant to Mr. Windsor, in the Minories; I have another piece of callico which I took in from the prisoner on the 29th of June. (The two pieces produced and deposed to.)

There never were but eight pieces of this pattern, printed in this manner, and this is not finished.

PRISONER's DEFENCE.

I deal in Rosemary-lane, and have done so these fourteen years, and I bought these things of a man in the open fair; as I bought them and had no more money to turn my hand upon, I pawned them.

Court to Jury. The act of the 18th of George the second, makes it a capital offence for stealing of goods above ten shillings, from any bleaching ground, which had been brought to be printed and exposed there.

GUILTY , Death.

N. B. The above act having left the Court a discretionary power to mitigate the sentence to transportation for fourteen years; the prisoner was ordered to be

Transported for fourteen years .

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

Reference Number: t17860719-12

572. CHARLES MARTIN was indicted for feloniously assaulting Catherine the wife of Charles Bellingham , on the king's highway, on the 15th day of June last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, a watch, with the inside case made of base metal, and the outside case made of shagreen, value 3 l. one gilt buckle, value 2 d. and one guinea, value 1 l. 1 s. and two half crowns, value 5 s. the property of the said Charles.

(The case opened by Mr. Knowlys.)

The witnesses and Mrs. Bellingham ordered to withdraw by Mr. Garrow, counsel for the prisoner.)

Mr. Knowlys. Gentlemen of the Jury, the prisoner is charged with a highway robery from the person of Mrs. Bellingham, she is the wife of a Mr. Bellingham, a gentleman, who lives at Teddington ; on the 15th of June, she was taking a walk, with a neice of hers in her hand, a little girl of ten years old, she was a little way from her own house, when she saw a couple of ill looking men, but going a little further, she saw a person, who she will tell you was the prisoner, and he appearing a decent man, she was released from her fears, and she walked for three quarters of a mile, within sight of this man, whom she will identify to be the prisoner; she had no suspicion of him, but frequently looked at him; the man came up to her, with a pistol to her breast, and demanded her money, she gave him two half crowns, says he, that is not all; he put the pistol near to her, he thrust his hands into her pocket, and took out a guinea, he tore her watch from her side, and snatched a gold pin by violence from her; this took up the space of three or four minutes; Mrs. Bellingham was undoubtedly much alarmed; but whatever alarm she might be in, she had seen this man for three quarters of a mile, and the little girl had the same opportunity of observing the man that her aunt had; it was not till a month after, that this lady saw this man again; Mr. and Mrs. Bellingham, and this little girl were returning from some excursion in a post chaise, it was about half after eight o'clock; Mrs. Bellingham was looking

out of the window, and she immediately exclaimed, God bless my soul, that is the man that robbed me; in which assertion the little girl joined; and upon which Mr. Bellingham immediately jumped out of the chaise, and made some pretence that he had forgot something and must go back; he saw a person he knew, and obtained his assistance, and Mr. Bellingham seized the prisoner by the right arm, and the other person came up and seized him by the left arm; they then searched his pockets, and found a pistol loaded, and a great quantity of picklock keys. Gentlemen, he then addressed Mr. Bellingham, and said, why do you seize me, I have never done you any injury? Mr. Bellingham said, no, Sir, but you are the man who robbed my wife; the prisoner immediately, before Mr. Bellingh am said another word to him, then said, I hope Sir, you will be merciful to me, Mr. Bellingham told him he should have all that the law would allow him, but no more. Gentlemen the prisoner was then committed, and is now brought before you: Mrs. Bellingham will be produced, and you will hear from her whether she is as certain as I am instructed she is, that the prisoner is the man; the little girl will also be produced, and the Court will judge whether she should be examined: and if the witnesses convince you of the identity of the person of the prisoner, joined to the other circumstances; you will from your judgment, and discharge your duty by a verdict of the guilt of the prisoner.

Mrs. BELLINGHAM sworn.

I am wife of Mr. Bellingham; I live at Teddington; I was walking in the high road, from Teddington to Hampton-court; on the 15th of June with Mr. Bellingham's niece; the person that robbed me walked some way on the roads, perhaps half a mile.

Court. What in company with you, talking to you? - No, my Lord, he followed me all the way; he stopped and leaned over the gate; he then presented a pistol to me, demanding my money.

How far had this person walked, who presented a pistol to you and demanded your money? - Near half a mile.

What time might you be walking with this person near you? - I should suppose a quarter of an hour; I was walking slowly with a little girl, between twelve and one.

Had you had frequent opportunities of seeing this person? - I had so much, so that I was pleased there was so creditable good a looking man, walking with me.

Had your little niece the same occasion of observing this person as yourself? - The child saw him all the way.

What did he do when he presented the pistol to you? - He demanded my money; I gave him two half crowns; he then presented his pistol the second time, and said, he must have more; I begged of him for God's sake not to frighten me, and I gave him a guinea; he then searched both my pockets, and asked for my trinkets and rings, I told him I had none; the man took my watch; I think he put his hand to my apron whether he took it, or whether I gave it him I cannot say; both our hands were together; he took a metal buckle out of my handkerchief, I told him I would give it him, but he tore it out, and said he would have it.

What time might this transaction take up? - It is impossible for me to say exactly, I should suppose four or five minutes.

Now during that time had you an opportunity of observing the prisoner's person? - I had.

At this time I apprehend you was under some alarm? - I was.

Was you under any alarm during the time he had been walking near you? - None, till he presented the pistol.

Are you sure you know the prisoner again? - I am sure of it.

Will you look at that person? - That is the person, but not the clothes; I am sure of his person.

How long was it after this before you saw the person again? - The 15th of July.

That is just a month after? - Exactly.

In what situation did you see him? - I was coming through Bushy-park in a post chaise; I saw him, and I knew him directly; my husband was with me, and a gentleman who was in court just now, and Sarah Middleton , my niece; when I saw him I cried out immediately that is the man that robbed me; he was immediately apprehended; I told the post chaise to drive on directly with me, and I left Mr. Bellingham; I saw the prisoner before the Justice.

Have you ever had any reason to doubt him? - Never, never, never.

Mr. Garrow, prisoner's counsel. It is my duty, Madam, to trouble you with a very few questions; you need not be under any more alarm from them than those of my friends, I shall not give you any unnecessary trouble.

Were you going on any visit? - I was not.

Where did you go after you was robbed? - I went home as well as my fright would permit.

You was extremely alarmed? - I have not been perfectly myself since.

I dare say Madam, in all your excursions you have felt frequent apprehensions of robberies? - I have, I never stirred from home but when I could not help it, and never but under great apprensions that I should be robbed.

On the evening of the robbery, did you or any body give directions to make a pursuit after the man that robbed you? - I think Mr. Bellingham was not at home for two days, he was in town.

Did you give any information to any of the public offices? - No, I did not.

Did any body on your part send notice before the man was taken, that such a robbery was committed? - I do not know.

Do you know of any advertisement of your watch, or any hand bills? - I do not know.

How many excursions may you have made in a carriage, between the 15th of June and the 15th of July; perhaps but few? - Two besides that when the person was apprehended.

What time of the day was he apprehended? - It was in the evening.

What time? - It was past eight.

You was not less frightened at that time of the day than at noon day? - I was extremely terrified at seeing him, it was in my fright I instantly cried out that is the man that robbed me, and the child instantly cried out, that is him, that is him; the man met my chaise; he walked some length before he was taken.

What distance might he be from you then? - Not further much than he is now.

How far had you travelled that evening? - I cannot tell how far, it was from Oatlands; he was apprehended in Bushy-park.

I only wish to know within half a mile? - About five miles.

Had you met many persons, Mrs. Bellingham? - I had not to my knowledge, to notice it, met one.

Had you put your watch or your purse in any place of safety that evening? - I have not come out with a watch or any money since.

So that the first man that you met was the prisoner, you was very much alarmed, and you instantly exclaimed, that is the man, in which cry the child joined, and you left Mr. Bellingham to do the best he could? - Yes, he was first produced to me before the Magistrate on Sunday.

You had seen your husband? - Yes.

He had told you that upon the person that was taken there was found a picklock key and a loaded pistol? - He did.

That of course did not lessen your belief that he was the man? - Nor add to it; the person of the man was sufficient.

You had taken no oath on the subject till after you knew the circumstance of the pistol? - I could not.

He had walked behind you about half a mile before he robbed you? - Yes.

Have you had the misfortune to be robbed before? - No.

Jury. Was the prisoner in the same clothes when taken, as when he committed the robbery? - He was, excepting a waistcoat, he had a striped waistcoat on when he robbed me, and he had a striped waistcoat on when he was taken, but they were different waistcoats.

Miss Middleton called.

How old are you? - Twelve.

What will become of you, if you take a false oath, and swear what is not truth? - Go to hell, my Lord.

I suppose you have been taught your catechism? - Yes.

Mr. Garrow. Who gave you instructions to give that answer to my Lord? - My aunt.

Was it yesterday or before? - Yesterday.

You was told you would be asked that question, and that was the proper answer to give? - Yes.

Did you go to Clerkenwell? - Yes.

They would not swear you there, what did your aunt say to you because you was not sworn? - Because I was not of age.

They thought you did not know the nature of an oath.

Court. Suppose you say the truth now, what will become of you then? - Go to heaven, Sir.

Mr. Garrow. I see upon the back of the indictment she had been proposed as a witness and had been rejected.

Court. Swear her.

Mr. Knowlys. Will you be so good when I ask you a question, to speak so loud that those Gentlemen and my Lord may hear you; pray Miss do you remember walking with your aunt? - Yes.

When was it? - I do not remember the day.

Was it the day she was robbed? - Yes.

Did you see any body on that day? - Yes; the person that robbed my aunt walked all along the lane with us, sometimes on one side, and sometimes before; he walked just before my aunt on the other side, then he came up and shewed a pistol to my aunt, and asked her for her money, my aunt gave him some money, and he put the pistol to my aunt again, and said that would not do, he must have some more; he searched both her pockets, and he took a little buckle from her handkerchief, and he said he must have her watch, her trinkets, and rings if she had any; he did not take her ring; he took her watch and little buckle.

What time was he taking those things? - He seemed a good while taking them.

Was you frightened? - Yes, Sir, very much; I saw him before that time; I had seen him for a quarter of an hour.

Did you take any notice of him? - Yes.

Should you know him again if you was to see him? - Yes, Sir.

Look round the court? - That is the man that robbed my aunt.

Are you sure of it? - I am sure of it; he wished my aunt a good morning, and said he hoped she would never miss it.

Did you ever see him again? - Yes, Sir, last Saturday, when he was taken.

How happened you to see him again? - We were coming home and he went by the chaise.

Who was in the chaise? - My uncle and another lady.

Was you in the chaise too? - Yes.

How happened you to see him then? - I was looking out at the window; I did not sit down, I was standing before the window.

Which way was he coming? - He was coming from the gate.

Was he coming towards you or going from you? - Towards us; my uncle asked my aunt if she was sure that was the man, and she said yes, and he jumped out of the chaise.

Did you say any thing at that time? - I said that was the man.

Was the man brought to you at that time? - No, my aunt bid the coachman drive home.

Are you quite sure that is the man? - Yes, I am quite sure that is the man.

Was you at all frightened before the man robbed your aunt? - No, Sir.

Not at all? - No.

What time was it when he robbed your aunt? - It was between twelve and one.

Mr. Garrow. You saw the man again in Bushy Park? - Yes; she said to my uncle, that was the man that robbed her.

You was a good deal frightened? - Yes.

Then you said that is the man. - Yes.

You are quite sure of that? - Yes, he went by the chaise and met us.

How far was he from the chaise when you first saw him? - I did not see him till he came to the chaise almost; I saw him immediately upon my aunt's calling out.

You was a good deal flurried? - Yes.

You thought he would come and rob you again, did not you? - I did not think much about that, because there was my uncle.

At the time he robbed your aunt you was a good deal frightened? - Yes, Sir.

Because you was alone? - Yes, Sir.

What lane was it he walked in? - They call it Fry's-lane.

Was it in the field? - No, in the lane, a common carriage way.

Are there hedges on each side? - Yes.

And gates at several different distances, so that a man might have come upon you out of the field? - Yes.

But he did not? - No he did not; there was a carriage just past us before he robbed us, and he leaned over a gate.

Did he walk more before you than he did behind you? - He walked more on the side, even with us on the other side of the road.

Abreast with you? - Yes.

Did he walk behind you? - Sometimes behind us, but not so much.

Be so good as to tell me how he was dressed? - A snuff coloured coat, a striped waistcoat, white stockings, and I think silver buckles, white buckles.

You understand now I mean the evening you saw him in Bushy-Park? - Yes, Sir, it was past eight.

You saw him just as he come past the chaise? - Yes, Sir.

Now Miss Middleton had you an opportunity of making such observation on his clothes in that short time? - Yes, Sir, I had.

Did you see him at the justice's? - No, Sir.

Was you up when your uncle came home at night? - Yes.

Then he told your aunt that the man was secured, and had a pistol in his pocket? - Yes, Sir, and loaded with two slugs, and twelve picklock-keys.

Then you have no doubt at all but he must be the man, as he was so equipped? - I knew he was the man, because I knew his face.

You have often talked about this? - Very often.

You heard your aunt tell the story to my friend that stands here? - Yes.

That was a few minutes ago? - Yes.

You knew she told it all correctly? - Yes.

CHARLES BELLINGHAM sworn.

I was riding with my wife from Oat-lands in a post chaise; Mrs. Bellingham says, look, my dear, there is the man that robbed me; the little girl turned round, and said, aye, that is the man; I looked, and saw the prisoner at the bar walking very leisurely along; I told the man to drive home with the ladies; I did not choose to attack him myself, but as the gate was about one hundred yards off, I called to a friend; says I, I have forgot something at the gate, and I will go back and leave word, that was for fear the man should be alarmed; in consequence of which, I went to the gate, and saw a man which I knew, and there was another man with him; I asked them to assist me; we went up to him immediately, and the man that I called, as soon as I darted on his right hand, he took hold of his left; he had only this stick; a gentleman came from under the gate, and we searched him, and took out a loaded pistol; Lawrence put his hand in his pocket, and took out twelve picklock keys, they call them master

picklock keys; in the pistol there was some powder, and likewise a ball; it was a screw barrel; he unscrewed it, and there was a ball; he took care of it to give it to the magistrate.

Did the prisoner say any thing at the time you took him? - He said, Sir, what have I done, I never offended you? I said, no, you have offended me in a tenderer part, you have robbed my wife; he then said, if I have, I hope you will be merciful to me; I had made him no promise. Ambrose Lawrence was the man that was with me; he is here.

Mr. Garrow. You was at your country house at the time the lady was robbed? - I was not.

How soon after did you see her? - The second day; I gave information at Bow-street, either on the Tuesday or Wednesday following; the robbery was on the Thursday.

Did you give a description of the watch? - I did.

There was nothing particular in the half-crowns? - That I cannot tell; I gave no description of them.

Do you know whether there was any advertisement or hand bills? - I do not know.

You had no notice of any person being taken into custody till this man was taken? - No, Sir.

It frightened her a good deal? - She was very much frightened, as I suppose every woman who is in a bad state of health would be; she has been in a bad state of health several years; I should suppose it might be about half past eight when we were in the park.

You left Oatlands probably about half past seven? - About seven.

How much further had you to go? - The length of the park; my house is just out of Bushy-park gate.

Do you recollect seeing any body from Oatlands? - I did not take any notice of any person.

What distance was the man from the chaise, at the time your wife cried out that was the man? - I suppose he might be twice the length of this hall; but when I first saw the man, he was near the horses heads.

What gate is it you speak of? - It is called Hampton-Court gate; a woman keeps the gate.

What distance were you from the gate? - I suppose not a hundred and fifty yards.

Within view of it? - Oh dear Sir, not one hundred and fifty yards, Bushy-park is remarkable for being one mile in length, and you may see from one gate to the other as clear as you can see me now.

Mr. Garrow to the prisoner. If there is any other question you would wish to have asked, I will ask it.

Prisoner. The gentleman did not say to me at the time he took me that I robbed his wife? - Upon my oath he repeatedly pressed me to tell him what he had done; he began to be a little boisterous; I told him, my friend, I am very well known in this neighbourhood, and my property is such, that if I have taken you wrong, you may have recompence; and then I said it is my wife you have robbed; then he said this, I hope you will be merciful.

Mr. Garrow. After Mrs. Bellingham had sworn to him, he then said, I am innocent, and for God's sake do not take away my life? - Sir, what I have told you is exactly the fact; that it was at the public house before Mrs. Bellingham saw him; she never saw him after he was taken until the next morning.

AMBROSE LAWRENCE sworn.

I was present at the apprehending of the prisoner; Mr. Bellingham was in a chaise, and I was standing at a public house door, drinking a pint of beer, and he came and asked me to assist him; I was the first man that took hold of the prisoner in the park; Mr. Bellingham said that was the man.

Was the man searched by any body? - Yes.

Was any thing found? - Yes, the pistol was was taken out of one pocket, and twelve keys out of another.

Did you hear the man say any thing to

Mrs. Bellingham? - He asked Mr. Bellingham what he had done to him; he said not to him, but to his wife; the prisoner said he was very sorry if he had offended him or his wife either; that was all he said, but he begged for mercy.

Mr. Garrow. Did not he say that he did not know he had injured any body? - He said he was very sorry if he had injured any body.

GEORGE BIRD sworn.

I am a constable; I took charge of the prisoner; twelve keys were delivered to me, and a pistol, by Lawrence, (produces them) the pistol had one ball in it; there was powder in under the ball.

Prisoner. I am very innocent of the offence, and I have people here to prove that I was at a different place at the time.

(The prisoners witnesses ordered to be examined apart.)

CHARLES FRANKLIN sworn.

I live in Fore-street, Lambeth; I am a journeyman carpenter; I keep a house there; I know the prisoner.

Do you remember seeing the prisoner at any time in the month of June last? - Yes.

When did you see him? - On the 10th of of June; I invited Mr. Lilly to a christening of a girl of mine, at Lambeth church; it was christened on the 11th of June, and in consequence of that, Mr. Lilly invited me the 15th to keep the birthday of his child; Mr. Lilly lives No. 3, Gardiner's-lane, Westminster; I went there, and was there from eleven in the morning till ten at night.

Who was of the party? - There was Mrs. Lucy Ward , and her son, his name is George Ward , and there was the prisoner, Charles Martin , who lived with Esquire Grayham, South Lambeth; and there was Mr. Lilly and his wife; I dined there and spent the evening; the prisoner was there when I came there; that was about eleven.

How did you amuse yourselves before dinner? - We were in the quality way, and had a little drop of gin.

What time did you dine? - At one o'clock.

Do you recollect what you had for dinner? - A leg of mutton and trimmings, turnips, and greens, and some strong beer; we smoaked our pipes till tea time, and then we had a dish of tea, and then we had four or five mackarel for supper.

How old is the child? - Four years old the 15th of June.

How long have you known this young man? - About two months, he lived with Esquire Grayham at South Lambeth, Mr. Grayham is head clerk at the bank; Mr. Lilley's former wife is dead, and this was a child by the former wife

Mr. Knowlys. What business are you? - A carpenter.

At whose house was it you first paid the visit? - Mr. Lilly on the 11th of June paid the visit at my house, which was on Sunday.

What had you for dinner that day? - I had a fillet of veal that weighed about eleven pounds and a half, and a piece of pickled pork and greens; at the next meeting we had a leg of mutton, and what I call trimmings.

What makes you particularly remember that this was on the 15th of June? - It was very remarkable on account of the boy's birth day.

Was it remarkable on any other account? - Not to my knowledge.

Did you know it was the 15th of June before the prisoner was taken up? - I cannot say when he was taken up.

Did not you hear of his being taken up? - I did hear of his being taken up some time ago, but I have not dined with Mr. Lilly above once since.

How long is it since you heard of his being taken up? - About a week ago.

Are you sure it is not more than a week ago? - I work for one Mr. Kenzie in Smith-street, they came and acquainted me that the prisoner was taken up.

Are you sure you had nothing but mackarel

for supper? - Yes, they were boiled. What sauce had you? - Mackarel herbs.

Did the prisoner come at the same time with you to Mr. Lilly's house that day? - He was there when I went there at eleven.

Did you all of you smoke, all the men? - Most of us did.

Was there any other person there besides what you have mentioned? - No.

There were but four of you men? - No.

Did you all of you smoke? - Yes, at different times.

Which of you smoked herb tobacco? - I smoked herb tobacco, some smoked herb and some short cut, I offered them sue of mine, I smoked some herb and short cut mixed, the others might, I did not take such particular notice of it, there was herb tobacco and short cut?

Was not there some pigtail tobacco too? - There might, I cannot say, I never smoke any pigtail tobacco.

Had not you some port-wine at your dinner? - No Sir, we had some porter and gin before dinner.

What did you drink tea? - I had a dish of tea, and the prisoner had some, and we all drank tea.

Did you smoke at your tea? - No, Sir.

Jury. What day of the week was it? - Of a Wednesday.

Mr. Knowlys. Are you sure it was a week ago you heard the prisoner was taken up? - I cannot justly say whether it was a week or more, I did not take much account of it, I did not think I should come here; as high as I can tell it is a week, I believe I heard of it on the Saturday.

Mr. Garrow. Last Saturday? - Yes, which is not quite a week.

ELIZABETH LILLY sworn.

My husband's name is Joseph Lilly ; I live in Petty France, Westminster; I know the prisoner very well, I have known him some time; I know Mr. Franklin the carpenter.

When was it that he was at your house at dinner? - The 15th of June, it was on account of Mr. Lilly having a child by a former wife, it was his birth-day; I was married last December.

Court. Have you got the boy's register here? - No, I cannot tell when he was christened, the child is four years old.

Mr. Garrow. Who was your company? - There was Franklin, Mr. Thomas Divine , and Mr. Lilly, and Geo. Ward , and Lucy Ward .

What time did you begin your day? - It was between ten and eleven when the prisoner came, and the company met, Mr. Franklin came afterwards, then the rest.

What had they before dinner? - I do not recollect, I cooked the dinner, we had a leg of mutton and trimmings, we dined at one.

How long did they continue there after dinner? - They staid there till ten at night, the men were playing cards some part of the time.

Any thing else? - No, Sir, smoking and drinking and playing at cards, they drank tea at five as nigh as I can tell, we supped between nine and ten, we had for supper the remains of what was left, and some mackarel, I dressed it with melted butter and parsley boiled.

Did the prisoner continue there from the time he came in the morning till they went away; - Yes, Sir, he slept at our house all night, I do not suppose he was a quarter of an hour from the company all day; we had porter, no wine.

I suppose on a birth-day you did not take an account how many pots were drank? - No, Sir.

Are you sure of the day? - I am quite sure of the day, it was a very remarkable day, it is my husband's only child, it was of a Thursday.

Mr. Knowlys. Who brought the pigtail tobacco? - I did not see any.

Who brought the herb? - I fancy it came in along with the beer.

Then there was no common tobacco? - No.

The last gentleman is fond of herb tobacco

is he? - I do not know, I do not recollect who did smoke and who did not.

Is not Mr. Franklin a famous smoker? - Yes Sir, he smokes a good deal, I saw no other tobacco but the herb tobacco; Franklin came in between eleven and twelve, the prisoner had been there about an hour before Franklin came in.

What game at cards did the others play at? - Different plays.

Was there a party at whist? - Whist and all-fours, no other games to my knowledge; Mr. Franklin, Mr. Lilly, George Ward , and Charles Martin played at whist.

Then I suppose Mr. Divine played at all-fours with Mrs. Lilly? - He did not play to my knowledge.

How do you make up the party at all-fours? - They were sometimes playing at whist, and sometimes at all-fours, Divine did not play at cards to my knowledge, he smoked.

Did Franklin take any notice how many pipes Mr. Divine smoked that evening? - Not to my knowledge.

How much brandy did Mr. Divine drink with the mackarel? - None at all to my knowledge, I do not know that there was a drop of brandy in the house, Mr. Divine drank porter, we had nothing else all day but porter; I heard of the prisoner being taken up last Tuesday.

JOSEPH LILLY sworn.

I am husband to the last witness, I live in No. 8, Three Gardeners-lane, Petty France, Westminster; I know the prisoner.

Do you remember the seeing him any time in the month of June? - I saw him on the 15th of June at my own house in Petty France, he was there on the occasion of its being my little boy's birth-day, he was then four years old, he was a child of a former wife that is now deceased; I fancy the prisoner came to my house that day about eleven, he dined there, had tea, and he continued the afternoon, and staid and supped there with several more; the prisoner slept there.

Who dined there besides the prisoner? - There was the prisoner at the bar, me and my wife, Mrs. Ward and her son George.

Was any body else at dinner? - Mr. Franklin only.

Was Divine there? - He was not there not in the time of dinner, he was there in the morning.

Was he there after dinner at all? - I do not recollect that he was; we dined about one, we had a leg of mutton and turnips, after dinner we continued and had tea, we continued with songs and porter and tea.

Court. How did you amuse yourselves? - Laughing and joking, nothing further, I do not recollect we had any other amusement.

Had you any cards in the course of the day? - No.

Mr. Garrow. I shall call no more witnesses, the prisoner may if he pleases.

Mr. Garrow to the prisoner. If you wish to call the rest of your witnesses, the Court will examine them; I do not think that I ought.

Lilly. We did not expect to be called on; we had tea, and mackarel for supper, and continued till ten or eleven.

Prisoner. The gentleman might forget cards so long ago; that gentleman paid a bill on that day.

Lilly. I paid upwards of four pounds to Mr. George Ward .

Prisoner. I wish Ward to be called.

Jury. What day of the week was it? - Thursday.

GEORGE WARD sworn.

Do you remember seeing the prisoner in the month of June? - I do remember seeing him very well.

Be cautious? - I saw Charles Martin on the 15th of June, at Mr. Joseph Lilly 's; they invited me to dinner; I dined there; and my mother; there I saw him; I did not come from there till eleven at night; I went there about twelve at noon; he was there, and Franklin was there; I dined with him, and drank tea and supped,

and left him there, and he slept there that night; Mr. Lilly owed me some money; there was Charles Franklin , Lucy Ward , George Ward , Mr. and Mrs. Lilly, that was all.

Do you know Divine? - He did not dine there, he came in the forenoon, but did not dine.

Was he there after dinner at all? - I do not know that he was there after dinner; we played at cards, several games, all fours, and cribbage; and I believe we played at whist.

Who was your party at whist? - Mrs. Lilly was my partner; we played in turns.

LUCY WARD sworn.

Prisoner. I do not wish to have her examined.

GUILTY , Death .

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

Reference Number: t17860719-13

573. ANN CHAPMAN was indicted for feloniously stealing, on the 12th day of June last, one quart pewter pot, value 1 s. the property of Hannah Mowland .

HANNAH MOWLAND sworn.

I keep the Black Swan in Fetter-lane ; I saw the prisoner take the pot out of the tap room, and put it under her cloak, my servant maid found the pot concealed under her petticoats.

THOMAS JACKSON sworn.

I happened to go down for a pint of beer, and I saw the prisoner and a man with her who had a pint of beer in a quart pot, the man went away, and the woman got to the door; I stopped her, and on searching her I found it concealed in her pocket.

(The pot produced by the constable, and deposed to.)

The prisoner called three witnesses to her character.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-14

574. JAMES M'GEARY otherwise M'GUIRE was indicted for feloniously stealing, on the 3d day of July , two gallons of red port wine, value 12 s. and twelve bottles, value 1 s. the property of - Jennour .

PERROTT FENTON sworn.

I was going to Mr. Jennour's on Tuesday the 4th of this month; I saw the prisoner lift a prickle basket upon his shoulder; I saw some wine on the ground, and knowing Mr. Jennour had a fresh pipe of wine in, I asked him what he had in his basket, he said, nothing, he then pitched the basket on the outside of the door.

Court. What had he in the basket? - Upon searching the basket I found eleven bottles of wine, and one broke and the wine running about.

Mr. Peatt, prisoner's counsel. How far was you from the prisoner? - About a yard.

Was his face from the house or towards it? - From it, he was in liquor at the time; he was reeling.

He had not quitted the door? - No.

THOMAS DODD sworn.

On the 4th of July, about seven o'clock coming down Dean's-court I observed the prisoner coming up the steps from the kitchen; he let the basket fall, he was very much intoxicated; upon further enquiry we found it was wine, one of the bottles was broke, and the wine running about; just before the prisoner said, they were empty bottles, and was going away with them; Mr. Fenton insisted upon his putting the basket down again, and on searching it, we found it was red port containing twelve bottles, one of which was broke.

ANN TAYLOR sworn.

I live with Mr. Jennour; I saw the prisoner stow the wine in the cellar with another man.

Court. Was any other of Mr. Jennour's servants with the man? - Only myself.

Mr. Peatt. Did not you see one of the men asleep on the floor? - I did not.

Who let them out? - I opened the gate for them.

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

GUILTY.

He was humbly recommended by the Jury and Prosecutor on account of his good character.

To be imprisoned six months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-15

575. ELIZABETH wife of HENRY NEEDHAM was indicted for feloniously stealing, on the 8th day of July , two pair of silk stockings, value 30 s. the property of John Archer , privily in his shop .

JOHN ARCHER sworn.

I live in Sackville-street ; I had been out upon business, and coming home I found the prisoner in my shop with my young man, John Idle , and my child of seven years old; she said, Mr. Howman sent her to get a pair of stockings for herself; she gave a very long account of Lady Charlotte Finch 's family, in which Mr. Howman did live, before he was page to the Prince of Wales; she said, her father was coachman there; and the reason she gave why she was to have the stockings was, that she had found a ring some time ago, which her father had put into the hands of Mr. Howman, with intention to have it raffled for, but he had never had it done, and her father was dead, and she applied to Mr. Howman, in consequence of this ring, and he had desired her to get a pair of buckles, and a pair of stockings; she said, she was servant to a perfumer in Bond-street, the corner of Bruton-street; there was no perfumer there I told her; then she said the corner of Grafton-street; I said there was no perfumer there; she requested me to send somebody with her; I told my young man to down with her to Mr. Howman; and immediately after she went out of the shop, I had occasion to send for her back; then I desired her to go into the parlour, behind the shop; I told her, I believed she had something about her that did not belong to her; she said, she had not; I said, I am very sure you have, I desired her to go into the parlour behind the shop; she said, she had nothing but a few ivory combs; and she turned herself round, endeavouring as I supposed to get out of my way; and I saw her drop one pair of silk stockings, which I took up.

What may be the value of that one pair? - Fifteen shillings; I took them up, and said, these are not all you have, she said, she had nothing more; but I saw her drop a second pair; I immediately sent for a constable.

What is the value of the two pair? - Thirty shillings; I gave that for them; I am very clear they are mine.

In the first place, is there any shop mark upon them? - Not at that time there was not, I had sold two pair of the same pattern, they were both of the same sort, but a different pattern; she was very troublesome in the parlour, and called out murder very often; Mr. Allanson came into the shop after me.

Prisoner. Mr. Allanson swore, he saw the stockings drop, and the prosecutor swore, he did not.

JOHN IDLE sworn.

I am aprentice to the prosecutor; on Saturday the 8th of July, the prisoner came into Mr. Archer's shop, and asked for a pair of black worsted stockings, at two shillings a pair; I immediately went to get her some, and while she was looking at them, she told me she should not pay for them, that we was to put them down to Mr. Howman's account; I told her, I did not know him nor her, and she should not have them without the money; she told me, I need not doubt her word, for her father was Lady Charlotte Finch 's coachman; I told her if it was in my power, I would let her have them, but could not without she brought a note; but if she would wait a minute, I expected my master in; she said, she was very willing to do that, and in a few minutes he came in, and

I told him this woman had come from Mr. Howman for a pair of black worsted stockings, and he spoke to her.

Where were the stockings laying that were missing? - I was folding them up, and immediately as she came in I put them down on one side; before my master came in she stood against the counter, and when he came in she stood in the middle of the shop talking to him; she told him the same story; and I went with her half way down the street to speak to Mr. Howman; (in a few minutes after my master came in, Mr. Allanson came in then) Mr. Archer called her back, and took her into the parlour, and asked if she had not got more than belonged to her, she said, she had not, he said, come, come, no such work as that, you have; I was in the shop when she slid the first pair out; Mr. Archer said, what a careless young man you are; I did not see her drop the first pair, but I was present when the last pair was dropped; Mr. Archer immediately sent me for a constable.

Do you know whether these are your master's property? - Yes, I had them in my hands at the time she came into the shop; I found them missing; I hung them every day in the window; I looked immediately after Mr. Archer was gone to Litchfield-street; I can safely swear that these were my master's stockings.

PRISONER's DEFENCE.

My father lived coachman to Lady Charlotte Finch , and Mr. Howman lived footman; and I found a ring some time ago, and my father put it into Mr. Howman's hands on his death bed; and he promised to let me have a pair of silver buckles and a pair of black worsted stockings; and I went to the prosecutor, and I never had any.

Court to Idle. Did not you observe at all at what time the woman took these stockings? - No.

Had not you any suspicion at all? - No.

Prisoner. There was a little boy in the shop about four years old; and Mr. Archer said before the Justice, that that little child should say, that I took them; and this other gentleman swore that he saw me drop them.

Court to Idle. Was there a little boy in the shop? - Yes, about seven years old.

Was that boy in the shop when the prisoner came in? - Yes.

Did he continue in the shop when your master came in? - Yes.

Is that boy here? - No.

GUILTY Of stealing, but not privately .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-16

576. JAMES GARDNER and THOMAS PICKARD were indicted for that they, on the 21st day of May last, one hundred weight of lead, value 20 s. affixed to the house of Mary Hignett , feloniously did rip and cut with intent to steal .

THOMAS DOWNS LAMB sworn.

I am landlord of the estate; and we have lost a vast quantity of lead; I know nothing of the prisoners; twenty pounds will not replace the lead.

JOHN CARTER sworn.

I am a private watchman to Sir James Esdaile ; on the 21st of May, I saw the two prisoners at the bar come out of Blue-anchor-alley into Lamb's-buildings; I saw them advance towards Mrs. Hignett's house, which is in Lamb's-buildings , and when they were within ten yards of the premises, I saw the prisoner P ickard point with his right hand to the said house, and they went into the yard and took a survey of the place; then they advanced to the brick wall which parts Sir James Esdaile 's shops from the buildings; Pickard was under the wall, but James Gardner I had in sight all the time; I had a suspicion that they were about no good, and the reason of my suspicion was this, Mr. Lamb's property had been stolen about ten days

before in the same manner as they were attempting now; we had a large range of lights which was about twenty feet long, but I drew towards the other end, and there I had a full prospect of them; before I got to the other end Pickard was upon the pent-house of the house, he got on by the assistance of James Gardner ; he then stood upright on the pent-house; there was a little rubbish, either mortar or stones, I cannot tell which; I saw him chuck it bit by bit into a yard; then I saw them begin to cut and rip; and as soon as I saw I could do it without prejudice to my master's property, I thought it was my duty to prevent them from taking another's property; I went in search of the patrol, the watch was off, I looked down Bunhill-row, and I saw three men coming from the watch-house, and I took them there, I had not time to state the case to them then; I went into Cherry-tree-alley, and when we came into the buildings, Smith the watchman, which is here, called out to Taylor, who was a watchman of that beat, and Taylor answered him, which surprised the prisoners at the bar, and they dropped off without taking any of the lead, any otherwise than cutting or ripping it; the lead I found was off the pent-house of the door, it was cut as near as I can guess within five inches of each end of it; I can rather guess to the width and length, than to the weight, I fancy it may be about four feet long, and twenty-two inches wide.

Mr. Lamb. It is about five feet long, by three feet wide.

What weight do you suppose it may be? - I really cannot tell, I am no judge of weight; as soon as the prisoners were secured one of them dropped this knife open.

(The knife produced.)

WILLIAM SMITH sworn.

I am a watchman; I went up Bunhill-row and met the last witness, and got another watchman and we went into the buildings, and I saw the two prisoners coming out of he gate, we took them, and one of them dropped this knife.

PRISONERS DEFENCE.

We know nothing of it.

BOTH GUILTY .

Each transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-17

577. THOMAS BISHOP and JOSEPH MANNING were indicted for feloniously stealing, on the 16th day of June , thirty pounds weight of bacon, value 15 s. three pair of shoes, value 5 s. a pair of scissars, value 10 d. a pair of spatterdashes, value 15 s. three bars, value 1 s. one iron curtain 10 d, value 2 d. and one hatchet, value 6 d. the property of William Wadham .

(The witnesses examined separate, at the request of the prisoners.)

WILLIAM WADHAM sworn.

I live at Hyde-park-lodge, Kensington-gate ; between the hour of eleven, on the 15th of June, and five in the morning, of the 16th, there were three holes hored, two above the staple, which was locked with a padlock, which had been made with a center bit, and one below; at eleven at night the place was safe; the kitchen adjoins to the house, but is separate.

Is it under the same roof as the house? - No, it is adjoining; I got up between five and six the next morning, the 16th of June; the door was broke open, the staple drawn, the lock laying down, and the things in the indictment were missing; there were the hatchet and center bit hid in some nettles, which were found by the Lieutenant of the barracks, and he concluded to put the things there again, after they were taken away; he lent me two of his men, and I watched with them; in the evening the two prisoners came, a few minutes after the Lieutenant left me, to a part of the wall where people get over; they were withinside the park, they looked in the nettles, and then sat themselves down; I went immediately over, and gave

information to the quarter-master; he sent me to the Lieutenant; when we came back, the prisoners were got up, and leaning over the rails; they were taken into custody, and in Bishop's pocket I found a small bag, a garden knife, and two or three sheets of paper; he said that was all he had about him; a soldier took notice of something in his coat sleeve that looked bright, and we found the scissars upon him, and a wire that was to them, lay close to the door; the things were not taken away from the nettles.

Prisoner. I never saw the wire, I found the scissars in Hyde-park.

JOSEPH POOR sworn.

I was walking in the park for the air, and I saw these things lay among the nettles, under the wall, and I took them up in my hand; there were two or three iron bars in one place, and a hatchet, and a curtain rod in another place; I took them to Mr. Wadham, hearing he had been robbed; he said they were his; I left them with him.

WILLIAM MANN sworn.

The prisoner Bishop, after he was taken up, was left in our care, while the prosecutor went for a constable, and I saw him conceal something under his left arm; I did not take any notice of it at that time, till the constable came and searched him; he missed that place; then I asked him what was the matter with his arm that he carried it so stiff; he said nothing was the matter with it; I told him then he had got something underneath it; then he said he had nothing; I told him he had, and it was something that was bright; the constable searched, and found these scissars; he said he picked them up in the park.

VINCENT KNOTT sworn.

I produce the scissars, which I found on Bishop; (deposed to by the two points being broke off) I have had them about two years and a half; I gave ten pence for them.

JOSEPH EDWARDS sworn.

After this man was taken, I was standing by, and I saw the center bit fall from Bishop; the constable was standing by at the time.

PRISONER BISHOP'S DEFENCE.

I found the scissars in Hyde-park; when I was taken up, I had this pair of scissars in my hand; one of the soldiers asked me what it was; I said it was a pair of scissars; the man brought the center bit to me, and asked me what it was; the night they charged me with this, I was in my lodging from ten to six.

PRISONER MANNING'S DEFENCE.

When I was taken up and examined before Sir Sampson, I desired him to send to the woman where I lodged; I was at home all night, and got up in the morning, and went to Covent-Garden, to see for something to do, and Bishop came up. and said what are you out of employ? I said yes; says he, I am not in any employment, if you will go with me towards Kensington, I can get you some employment; I went with him, and going through Hyde-park, he had some grave; in his shoes; he sat down to take the gravel out, and I sat down by him, and we were going away, and the soldier came and took us up; we were in the barracks near an hour before we knew what we were taken up for; I never saw Bishop before that morning.

THOMAS BISHOP , GUILTY .

Transported for seven years .

JOSEPH MANNING , NOT GUILTY .

Tried by the second Middlesex Jury before Justice ASHURST.

Reference Number: t17860719-18

578. JOHN EDWARDS was indicted for feloniously stealing, on the 10th day of July , one woollen surtout coat, value 4 s . the property of John Austin .

ROBERT PAYNE sworn.

I live with Mr. Brown, a pawn-broker in the Strand; I have a great coat, which I took in on the 10th of July, of the prisoner; he said it was his own property; I did not know him before he pledged it

for 4 s. it was in the course of the afternoon; this is the great coat.

JOHN AUSTIN sworn.

I am a carpenter, at No. 1, Burleigh-Court, in the Strand; the prisoner came and lodged with me two or three nights, in the same room, and I lost a coat and a pair of shoes; I traced this coat, and found where it was pledged; I know it by a hole burned in one of the skirts very soon after I had it, and one of the cuffs is torn off; I saw it on Saturday the 8th of July; I missed it on Tuesday following; the prisoner had left my lodgings.

PRISONER'S DEFENCE.

I have not a friend in the world that will appear to my character, therefore I have only to leave it to the mercy of the Court.

GUILTY .

Whipped .

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

Reference Number: t17860719-19

579. EDWARD SMITH was indicted for feloniously stealing, on the 26th day of June last, three gallons of varnish, value 18 s. eight pounds weight of terra de Seina , value 8 s. two quarts of black Japan, value 5 s. one pound of Olympian green, value 5 s. the property of Thomas Wallis .

THOMAS WALLIS sworn.

I am a varnish-manufacturer ; I met the prisoner near my house, with a sack under his arm; I asked him where he was going, he said to take it to Mr. Morgan's, a corn-chandler's, in Short's gardens; I said, you shall not take the sack; he then attempted to take it into the back warehouse; I suspected he had something he should not have; I followed him and brought him with the sack to the front shop; I shut the door, and opened the sack, and found eight pounds of terra de Seina , mentioned in the indictment; then I sent for a constable, and took him to Bow-street; his lodgings were searched; one of Sir Sampson's men went with us; we asked for the key of the room, and the woman of the house informed us that was his lodgings; I know he has lodged there a long time; he went with us there; we found the green that is mentioned in the indictment; what we make use of in putting our colours on, and a bottle with three gallons of varnish; I did not promise him any favour; he said he did not know how they came there; he did not acknowledge they were my property; but I believe them to be my property, they are things that I deal in.

Could you have missed it if you had not found it? - No, I could not, the prisoner might have robbed me of two or three hundred a year, and I not miss it; I can positively swear to the bottle; I gave the bottle to one of the gentlemen at the door.

(The bottle produced and deposed to.)

PRISONER's DEFENCE.

I know nothing of the paper being put into the sack, or that there was any thing whatever in the sack when I took it up; I never took any thing of the kind to my lodgings, while I was a servant to Mr. Wallis; there are two doors to the room that goes through into a little yard, and likewise to the necessary, for all the rest of the lodgers; there is a varnish maker in the same house.

Prosecutor. I certainly believed him to be an honest man before this.

GUILTY .

Transported for seven years .

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

Reference Number: t17860719-20

580. DAVID CREE was indicted for feloniously stealing, on the 27th day of June last, one linen handkerchief, value 1 s. the property of William Murray .

WILLIAM MURRAY sworn.

I lost my handkerchief about a quarter before four; I felt somebody at my pocket, and saw the prisoner with my handkerchief in his hand; I went to make a snatch at his collar, he bobbed back that I should not catch him, and he dropped it

at my feet, and ran across the street, he was immediately stopped going into Field-lane; he was never out of my sight; he snatched at my nuckles, and cut a bit out of the back of my hand; it was sore for some time; I had him secured.

PETER ASHMORE sworn.

I found the witness under great difficulty to obtain an officer; I gave him my assistance; I saw nothing of the fact; I kept the handkerchief; it was given me by the alderman.

PRISONER's DEFENCE.

Going up Holborn-hill, much about the same time the gentleman lost his handkerchief, two men were behind, a person called out my name David, I went over the way to him, and the gentleman said I picked his pocket; he found no handkerchief about me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-21

581. JOHN WILLIS was indicted for feloniously stealing, on the 5th day of June last, two pair of linen sheets, value 10 s. five linen table-cloths, value 12 s. nine shirts, value 3 l. four shifts, value 10 s. one petticoat, value 2 s. one dressing gown, value 2 s. the property of Sir George Beaumont , Baronet .

JUDITH STONE sworn.

I am Sir George's house-keeper; I delivered the linen to Harry Hobson to carry to Sabella Moor to wash; they were the things mentioned in the indictment.

(Repeats them all but the shifts and the dressing gown.)

HENRY HOBSON sworn.

I received some linen from Judith Stone to carry to Sabella Moore , it was in a parcel, but here is the bill; going down Lower Brook-street, and opposite to No. 53, I was tapped on the shoulder by a genteel well-dressed man, who told me I was wanted, and turning to see who it was, a person stepped from the step of a door, and looked me full in the face, I thought it was somebody that knew me, but I found it was a stranger, he begged me to be so obliging as to fetch him a coach as I was going that way, he said he would give me sixpence, he never offered me any, as I was going away with the linen he came after me, and begged over and over again that he might have the linen to take into the house till I returned, as he was in a great hurry to take two ladies up that were to be set down in Henrietta-street, he took the linen off my head with a pretence to take it into the house, and I ran round the corner to call a coach, and returned in a few minutes, and I found he was gone.

Did you see him take the linen into the house. - No, he took them up to the door, I took him about five the same afternoon at the corner of Broad-street, Oxford-road; I never found the linen again; I am sure the prisoner is the person.

PRISONER's DEFENCE.

I never saw the man till the minute he stopped me in Oxford-road.

SABELLA MOORE sworn.

The linen never was brought to me.

GUILTY .

Transported for seven years .

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

Reference Number: t17860719-22

582. JOSEPH JONES was indicted for feloniously stealing, on the 9th day of June last, four linen shirts, value 4 s. one dimity waistcoat, value 12 d. and one petticoat, value 6 d. the property of Joshua Champness .

Mrs. CHAMPNESS sworn.

I am wife to Joshua Champness ; we keep a public house in Fulham-fields ; I lost the things mentioned in the indictment the 9th of June, I had been washing, and hung them out to dry, I went in to dinner, and was informed a man was come out of

my garden with a bundle, I ran into the garden, and missed the things, I made an alarm, the man was pursued after and taken, and the bundle was brought to me, it contained the things mentioned in the indictment.

STEPHEN WHEELER sworn.

I pursued after and took the prisoner, I saw him put his right hand to his left side, and throw the bundle over the hedge into the garden of one John Lewis , I took him in about ten minutes; I did not see him come out of the garden, but the people cried stop thief.

- HICKMAN sworn.

I pursued the prisoner, and stopt him, and took charge of him, he said b - r your eyes, what do you want with me? he struck me with his fist, and I returned the same.

Did you see the man fling the bundle over the hedge? - No.

- NORTH sworn.

I was standing at my door, I saw the prisoner go by about two minutes before there was a cry of stop thief, I pursued him till he was taken at Lewis's garden, he made a bit of a stop, I thought he was going to jump over the hedge, he was not out of my sight till I caught him.

ROBERT ADES sworn.

I am a constable, he was delivered into my charge with the property.

(The things deposed to.)

PRISONER's DEFENCE.

I am a waterman by trade; I had a fare to Fulham; I was walking along, and was not within three quarters of a mile of it, and they were singing out stop thief, and a parcel of people running, and I was with them for a considerable while, and several people asked me what was the matter, I said there was a thief, and one or two of them laid hold of me, and they said they supposed I was him; I never had the bundle, nor never saw it.

GUILTY .

To be publickly whipped one hundred yards next market day at Fulham .

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

Reference Number: t17860719-23

583. ROBERT HICHLEY , otherwise ECCLES , was indicted for feloniously stealing, on the 26th of June last, one canvas bag, value 1 s. and eleven guineas, value 11 l. 11 s. the property of Charles John Pugh .

(The witnesses examined apart.)

CHARLES JOHN PUGH sworn.

On Monday the 26th of June, I lost a bag with money in it, there was eleven guineas in it as my wife told me; I am a painter by profession; I have known the prisoner a considerable time; he is not of my profession, but being in distressed circumstances, I have employed him several times; on Monday the 26th of June, I had occasion to employ the prisoner; in consideration of his necessity I permitted him to breakfast, and I sent him for some colours, and having no change in my pocket, I took out of a drawer in a chest of drawers, a bag with gold in it, which I gave my wife, and she gave the prisoner half a guinea for the colours, he went, and returned with the change and the colours; my apartment consists of three rooms, the middle room, in which the property was placed in the drawers, and a front room and back room, the prisoner was employed with me in the front room, my wife went out between eleven and twelve, and the prisoner sometime after complained that the colours we used affected him, and he begged of me to give him a penny for a glass of gin, after he returned he continued for some time, and then said he must go to the necessary; he went out of the middle room door, which he had no occasion to do, there was a door out of the front room which would

sooner have taken him on the stair-case, I went and searched for my money, and found it gone; nobody could have taken it but the prisoner possibly, because there was no other person could possibly have access to my apartment, nor knew where the money was but the prisoner; a fortnight after a guinea was found upon him, which I could not identify; he did not return that day; I took out a warrant, but could not hear of him for a fortnight.

Did he see you give your wife the bag of money? - It was in his presence.

Did you stay in the house while he went for the colours? - Yes.

How soon after his first return with the colours was it before your wife went out? - A very short space of time; I continued in the front room.

Mr. Knowlys, prisoner's counsel. You had a good opinion of the prisoner? - Yes.

Mrs. PUGH sworn.

There were thirteen guineas in a bag, I gave him half a guinea, the bag was given to me, I kept it about an hour and a half, my husband took it out of the drawer, when it was out of my hands, I laid it upon the table, and put my clothes on to go out; I took a guinea and a half out for my own use previous to my going out, then I put it in the drawer it was taken out of; he returned with the paint in about twenty minutes.

Did you stay all that time in the middle room? - Yes; I went out and was gone about half an hour or three quarters, the prisoner was in the middle room when I went out drying a brush by the fire, I heard of the loss as soon as I got home; I shut the drawer; it was not locked.

Mr. Knowlys. Are there any other lodgers in the house but yourselves? - No.

There is a master and mistress live below? - Yes; they have no servant; there is a master and mistress three children and a niece and a nephew, I have the first floor.

What trade are the master and mistress of the house? - Brewers.

Where do they carry on their busi ness? - At the sun brewhouse, in Baldwin's Gardens.

They have many people call on them in the course of their business? - Yes.

Have you ever made any application to this young man, or do you know any person that has about this business? - No, Sir, we never made any application, he has offered himself to give a note for the money before the constable, I was present.

FRANCIS UMPAGE sworn.

I am an officer; I had the prisoner in my custody some time, I searched him, and found a guinea in his mouth, he begged that Mr. Pugh would not prosecute him, and he would give him a draft for the remainder of the money.

Mr. Knowlys. You are a runner to an office I understand? - I do not know what you mean, I very seldom run.

That will not content me; I ask you upon the oath you have taken, whether you do not understand the meaning? - I do not go by terms of runner; I do not understand terms.

I ask you upon your oath, do not you understand me? - What do you call a runner, I cannot answer you any such question, I tell you, Sir, I am an officer.

Do you understand me, Sir, when I ask you if you are not a runner to some office? - I have heard them talking of runners and walkers.

Do not you understand the meaning of a runner to an office? - Upon my word you ask me such a question that I cannot answer, you tell me and I will tell you.

With that answer I am not contented; now I ask you what office do you belong to? - I attend Bow-street office.

How long have you so attended? - For these six years.

The last session when you was here what office did you say you belonged to then? - I attended Justice Walker's.

How long have you attended Justice Walker's? - Bow-street and Justice Walker's I have attended six years, I am an officer belonging to a parish.

That is a little different account you

know to your being an officer belonging to Bow-street: to what parish do you belong as an officer? - The parish of Clerkenwell.

What office did you attend at last? - I attend now at Bow-street.

You say you have attended at Bow-street six years? - At Bow-street and Justice Walker's six years.

Have not you within the knowledge of the gentlemen within my eye given an account of yourself as attending at all the other offices except Bow-street? - There and at Bow-street for six years.

Have you never from this place been committed to Newgate by this Court, though not prosecuted, for perjury? - No, Sir, nor never will.

Can you say so, Sir? - I tell you no, nor never will be for perjury.

Have you not been committed by this Court within these two sessions for some offence in the face of this Court? - No, Sir, never in my life.

You stick to that? - Yes, Sir, I scorn any person to bring a bad matter upon me.

Have you ever before this session given an account of yourself as an officer attending at Bow-street? - I attended from my first beginning at Bow-street six years, never at no other, only at Justice Walker's and Bow-street.

You have never given an account of your attending at any other office? - Never, I never gave an account of attending Justice Blackborow's.

Are you employed by Sir Sampson Wright? - I go there as a constable, no further than to serve a warrant, or any business that comes in my way.

Prisoner. I sent over to this man yesterday knowing that he had money belonging to me, he came over to me, I said, Frank, it is a hard thing for a man to lay in gaol with only gaol allowance, give me a part of my property, give me a shilling; says he, if you say any more, if you do not slash the matter, says he, I will do you.

Court to Umpage. Did you say so? - Says I, Bob, the guinea I must produce in Court that I took from you, you have had eight shillings, and I cannot give you any more.

Court to Pugh. Was it in your presence that the prisoner offered to give him a note? - It was in my presence, voluntarily offered.

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

GUILTY.

Transported for seven years .

He was humbly recommended to mercy by eleven of the Jury.

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

Reference Number: t17860719-24

584. WILLIAM BARTLETT was indicted for feloniously stealing, on the 14th day of June last, a wainscott table, value 2 s. 6 d. the property of Ann Main , widow .

ANN MAIN sworn.

I am a widow woman; I take in lodgers; I lost a table on the 7th of June; I saw it on the 8th of June in the morning about nine, there was a fire behind the house; I was obliged to leave the house with every thing in it; I saw it at the watch-house; I am sure it is the same table; I know it by a mark in the place where it turns over; I have had it four years.

WILLIAM OVERSMITH sworn.

I am watch-house keeper of St. Ann's watch-house, there was a table brought in, on the 7th of June, there was fire the back part of Falconbridge-court.

WILLIAM MARSH sworn.

I am a watchman; I brought the prisoner, and another brought the table; the prisoner had the table on his shoulders; there was two men with him; it has been in my possession ever since.

(Produced and deposed to.)

PRISONER's DEFENCE.

A man employed me to carry it at past eleven at night; I never saw the man before; the watchman called, says he, where are you going with that table, the man that employed me said to Westminster; the watchman came up and stopped me, says I, stop the owner of the table, he is just a head of you, no, says he, I want you

Court to watchman. Did the prisoner at the bar tell you that the man who ran off was the owner of the table? - He did not.

Are you sure of that? - Yes.

Prisoner. He told the Justice that I said so; I gave him charge of the man three or four times.

GUILTY .

To be publicly whipped .

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

Reference Number: t17860719-25

585. CHARLES HOPPEY was indicted for feloniously stealing, on the 3d day of June , one linen gown, value 10 s. the property of Elizabeth Holland , widow .

(The witnesses examined apart.)

ELIZABETH HOLLAND sworn.

I lost a linen gown on Whitsun Saturday at Stepney , in the house of John Newton ; I took it there to be mangled.

ANN NEWTON sworn.

The prosecutor brought a gown to be mangled, my father and mother were not at home, I took it and put it on the bureau bedstead; about five minutes after, the prisoner came in, and asked if my father and mother were at home, I said, no; and he turned round the mangle two or three times, and he said, have you any thing to mangle? nothing Sir, says I, but one gown; the child was crying in the other room, and I went in to rock the child, and he followed me in and sat down on a trunk, and I took up the child, and he said, I wish your father had been at home, I am come to drink a pint of beer with him; he said, I am very dry, I wish you would get me a little water, I said, Sir, the cock runs backwards, I will go and fetch you a little; says he, I cannot drink cock water, I wish you would get me a little from the pump, I said I did not know where there was a pump, he said over the way, I went for a pail full and gave him the child, and the gown was in the room, and when I bame back again, I found him up against the door with the child in his arms, and he had a bundle under his arm that he could not move; he said give me the water; I put the pot down, and I saw a bundle under his arm; he called to me to take the water away when he had drank; I thought of the gown, I went to see if it was there, and I turned back my head and looked through the window and saw him run across the way; I run after him, but he was gone; I went after him a good way, but I saw no more of him; nobody else was in the house but him.

Prisoner. When I gave her the child out of my arms; whether she saw me with any bundle? - He looked more bulky than he did when he came in.

Prisoner. After I gave you the child did not I stand talking to you sometime, and say I would call on Monday? - No.

Did not that woman say before the justice, that if I would pay for the gown they would not prosecute me, and I said I would not, I was innocent, and would depend on the laws of my country? - No.

PRISONER's DEFENCE.

On the 3d of June, it was on Saturday, I went down to Blackwall, on board an Indiaman, to see an acquaintance that sent for me, I came through Stepney Church-yard, I was very dry, this young woman's father and I had been watchmen together, she said her father and mother were not at home, but were gone to London, says I, I am very sorry, says I, I will be obliged to you to give me a draught of cock water, she took a pint pot and went as far as the door; she said I will fetch a pail full, she took the pail and went out, and I took the child in my arms, and the child was very cross, I followed her to the street door, when she came to the street door I was there, and had the child in my arms; she sat down the pail, and I gave her the child, and asked her what o'clock it was, and said I shall be this way on Monday, and will call; in the mean time this girl's father called; I was on the bed, he spoke to me about the linen gown, I went to the justice's, they offered me to make it up for nine shillings; I said I will stand the test to the law of my country; then I was committed to prison, where I have said ever since.

GUILTY .

Whipped .

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

Reference Number: t17860719-26

586. ELIZABETH HORNSBY was indicted for feloniously stealing, on the 12th day of June , one e amelled gold ring, value 10 s. one other gold ring, value 10 s. the property of John Powell .

JOHN POWELL sworn.

I am a publican , I keep the Catherine-wheel, in Catherine wheel-alley, Bishopsgate-street without ; between the

11th and 12th of June, between Sunday and Monday, I was going home to my own house, I had been to spend the evening in the Borough, to see a friend in the rules of the King's-Bench.

Court. Was you sober? - I had been drinking.

Are you a single man? - I am a married man and have six children.

Was you sober enough to know what passed? - I was turning into Catherine-wheel alley, on the right hand, going up Bishopsgate-street, the prisoner stopped me, and said how do you do my dear, and took me by the hand, and took off two rings from my little finger, one was a white enamelled ring, and the other a black one, I believe them both to be enamelled, one was wrote Howell Powell , and the other was - Jones; there was only one woman, the prisoner at the bar; she was going up Widegate-street, in Bishopsgate-street; I pursued her, and I cried out, stop thief; the watchman that stopped her his name is John Green; I never lost sight of her.

Was the woman that was stopped in Widegate-street, the same woman that you suppose robbed you? - Yes, when she was taken to the watch-house she was searched, and dropped down on her knees.

Jury. Can you identify the prisoner? - I cannot, I only prove the property.

Did you see any thing taken from the prisoner? - Yes, I saw my rings taken from her; the prisoner is the person, the rings were taken from her in the watch-house, so far as I can recollect they were taken out of her pocket; I described the rings to the officer of the night, before they were found.

Court. Are you very sure you did not stop the woman, and give her the rings upon some conversation that passed between you? - I did not.

Jury. Did you ever lose sight of her during your pursuit? - I did not.

JOHN GREEN sworn.

I am a watchman, in Bishopgate-street; I heard the cry of stop her, stop her, she has robbed me of two rings; I then pursued her.

Was any other person running? - Mr. Powell was the only person that was in pursuit.

Did he run? - No, he was rather too heavy to run after her; I stopped her till Powell came up, then I took her to the watch-house; I saw she wanted to put her hand in her pocket, but I would not let her till I got her to the watch house, and Mr. Henley, the constable, searched her; I saw him take the two rings out of her pocket; she fell on her knees and said, may God send the Devil to come out of hell to fly away with me, if I have the rings! and when the rings were found upon her, I thought we should all have gone.

JOHN HENLEY sworn.

I am a constable of Bishopsgate-ward; the prisoner was brought in by Green the watchman, on the change of Powell, who said he had been robbed of two rings; upon searching her I found the rings in her pocket; she denied having the rings.

Jury. Is the prisoner the person you took the rings from? - She is the same person upon my oath; she said, as I was taking her to Guildhall, if she thought Mr. Powell would have served her so, he never should have had them.

PRISONER's DEFENCE.

As I was going along home, and turning down this alley, he caught hold of me, and asked me if I would drink any thing; I refused; he gave me four or five penny worth of halfpence.

Powell. I did not my Lord, I had no conversation with her; I have a wife and family; I gave her no half-pence or any thing.

MARY THOMPSON sworn.

I went to Mr. Powell to know about this matter; the prisoner was a lodger of mine about five months; the prisoner takes in washing; the gentleman said he gave her five penny worth of half-pence;

that is all I know, he told me so; she was very honest while she was with me; she never was from me a night.

What time do you generally shut up at your house? - I am always abed by ten; she was with me till that night, till she was taken up, but I cannot say any thing to that night, till that night she never was out so late; I do not pretend to say to that night.

Do you keep a house? - No, Sir, I only keep a garret; the prisoner lodged with me; she is a very sober orderly honest woman, we both got our living by charing.

GUILTY .

Privately whipped , and imprisoned one month in Newgate .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860719-27

587. WILLIAM KNIGHT was indicted for feloniously stealing, on the 16th of September last, one mare, of a chesnut colour, price 8 l. the property of John Goddard .

THOMAS CLARK sworn.

The prisoner at the bar came to my master, on the 16th of September, and hired a chesnut mare to go up to the Turk's-Head-Mews in Harley street, to take a carriage from there down to Mr. Aldridge's repository, in St. Martin's-lane; I never saw the prisoner before that time; my master agreed with him that he should have the mare for two shillings; about twenty minutes after one, which was about three hours after he came first, he came and took away the mare; I delivered it to him myself; there was a gentleman's servant that lives in the neighbourhood came with him, so we let him have it; the mare was never returned since; the prisoner gave no account of himself at all.

Prisoner. Ask him what he mentioned before the Justice; I was not committed for the mare? - No, he was not; I knew him again when I saw him at the Justice's, I picked him out from all the rest.

JOHN GODDARD sworn.

I lent him a mare, I was busy in the yard; I cannot speak to the prisoner's person; two men came to me for a mare, and agreed with me for two shillings; I went away, and he said he should not want it just then, but in about two hours; and about twenty minutes after one, he came again; I saw him go out of the yard with the mare, and I sent afterwards to Aldridge's, and he had had no mare there.

Did you ever see the mare from the time you delivered it till you saw him at the Justice's? - No.

PRISONER's DEFENCE.

I have no more to say than this; at the time he says the mare was lost I was down in Devonshire, driving the coach for my brother, then I drove a gentleman in town, then I drove the Sheriff of Bristol; I went out of town last August.

Court to Jury. The question for your determination, is, whether or no the prisoner came originally with an intention to steal this horse under the pretence of borrowing of it? or whether after borrowing this horse, a subsequent intention arose in his mind of stealing it? - Now the evidence, in this case, to shew the intention of stealing it is this; that he came with an excuse to hire this horse to go to Mr. Aldridge's to drive a carriage to Harley-street, &c. it is not in legal evidence that he went to Aldridge's or to Harley-street.

GUILTY , Death .

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

Reference Number: t17860719-28

588. JAMES GALL , DANIEL CHAMBERS , and JOHN TURWOOD , were indicted for feloniously assaulting Thomas Holmes , in a certain field and open place, near the king's highway, on the 29th day of May last, and putting him him in corporal fear and

danger of his life; and feloniously taking from his person, and against his will, one silver watch, value 40 s. a steel chain, value 6 d. a seal, value 2 d. a man's hat, value 5 s. a guinea, value 21 s. and 18 d. in monies numbered , his property.

The case opened by Mr. Garrow, and the witnesses examined apart by the desire of the prisoners.

THOMAS HOLMES sworn.

I am a working man ; on the 29th of May, as I and Mr. Ellis was returning from Knightsbridge, through the Green Park , I was seized by the collar, a little after nine in the evening, by the tall man, whose name is James Gall ; I was pulled round, and I thought I saw two other persons towards Mr. Ellis, one had hold of him, and the other was between him and I; when he seized me by the collar I thought it was somebody I had known that had done it out of a joke, till I saw a pistol at my face, with his right hand; he demanded my money or my life; I was determined I would not give him my money, I hesitated, I was watching an opportunity to strike him; I could not strike him with any effect; I was looking at his heels, to find an opportunity of tripping him up, and he snapped a pistol in my face, it missed fire, and did not flash; it was as near as my fingers; I immediately made a snatch at it; in missing the pistol, in the scuffle, I think he snapped it a second time against my body; but, however, he struck me violently over the head with it; with that I seized him by the collar, and we both fell to the ground, another came up to his assistance, one took my money and my watch, while the prisoner Gall kept beating me about the head with the pistol; they took a guinea and eighteen pence in silver, and my watch; I heard the prisoner Gall ask the other what he had got, he said a guinea and his watch; directly afterwards there came another person running, and they called out, come along, come along; they immediately got up from me, and I got up without my hat, with that the prisoner Gall took my hat, and left his own, he run away; I am sure the person that took my hat and left his own was Gall; he flung his own hat away, mine dropped off my head in the scuffle, then they all ran away; I saw nothing else left besides the hat. (The hat produced that Gall left.)

What sort of pistol was it that you was beat with? - It might be about this length, I have seen it since; I believe it is the prisoner Chambers who had but one eye that came to the assistance of the other two; I cannot swear to him.

Prisoner Gall. Can you swear to either of these two men? - No, I cannot, I swear to you.

What was there remarkable about me? - There was his face, his body, his dress, his size, I described every thing particular to the runners, his legs were remarkable, very thick legs, and swelled ancles, I so described him to the runners.

Jury. What length of time were you together? - It was all done in five minutes, it was what we call dusk.

Court. And can you take upon yourself to swear to Gall? - Yes, Sir, I think I can, I have no doubt about him, I saw him the next morning in Bow-street, I knew him immediately.

Were they standing separate? - They were by themselves.

JOHN ELLIS sworn.

I was with Mr. Holmes, and we were attacked in the green park by three footpads, two attacked me and one Mr. Holmes, I believe the two short men to be the men that attacked me, and I believe the person that attacked Mr. Holmes was the tall man, he presented his pistol, and bid him deliver his money, and after Mr. Holmes had refused to deliver his money, he snapped the pistol, Holmes directly grappled with him, and they both came down together, Holmes had the best of the struggle, then the other men left me, and went to assist him, and then they made off; they left a hat behind them, and took Mr. Holmes's hat with them; we had the prisoners up

the next day; I cannot swear positively to any of them.

PATRICK MACMANUS sworn.

I apprehended the three prisoners, two in a room, and the other coming out of the room, all in the same house at Westminster; the one that was coming out of the house was Furwood, I stopped him, he went into the room, then we went to tie their hands, and Chambers swore he would not be tied, I found he had some money, half a guinea and some silver, he put it in his mouth, and I took it from him; Gall was without a hat, he said he had no hat, he had lent his hat, and he turned round to a girl that was in the room, and said, go and borrow me a hat, she went out and returned in a quarter of an hour with a hat; this is the hat which I had from the hatter's in Monmouth-street, where Davis sold it, the hatter is here, (This hat deposed to,) it is cut through, and the hatter said, if he had known it was cut, he should not have given so much money for it.

CHARLES JEALOUS sworn.

I assisted in taking the three prisoners, after the alarm that Macmanus had given I thought there was something the matter, I went up, Chambers was fighting, and swore he would not deliver up some money, I struck him three or four blows on the leg, I immediately came down stairs, and at the bottom of the stairs in the dust place I found this stock of the pistol, I did not go to the park; Gall was without his shoes, he had no hat, he sent out to borrow one.

What did he say was become of his hat? - I do not know that the question was asked to my knowledge.

JOHN SHALLARD sworn.

I am one of the officers of Bow-street., I assisted in the apprehension of these men, I afterwards went to the green park by the direction of Mr. Holmes and Ellis, they both went with me, and I found this piece of a pistol.

Holmes. I have compared these two pieces, they make up one entire stock, and exactly fit, they were found in the very spot where I was robbed.

Was this the sort of pistol that you was beat with? - As near as I can recollect it was.

Did you find the barrel at any time? - No, Sir, never, the fellow pistol was found by a young man that was coming by, by accident.

JOHN MORGAN sworn.

I live in the Strand, I am an hardware-man, I found in the green park, on Tuesday the 30th of May, about six in the morning, a pistol, which is here, (produced,) it was loaded with two slugs, the pin was down, I found on the same spot a part of a watch chain, and a button.

Mr. Ellis. The button I lost from this coat I have on, which corresponds exactly, we had a struggle, one snatched at the watch-chain, in the struggle we broke this chain, this is my chain, and the two silver seals, they are two old fashioned coats of arms, they were found close together.

ISRAEL DAVIS sworn.

What are you? - A Jew.

What else? - I deal in old clothes, I know all the prisoners, I remember selling Gall a pair of pistols about thirteen weeks ago.

How long was it before the 30th of May? - I cannot tell, I bought them on the 19th, I gave four shillings for them, Chambers gave me six shillings; on the 30th of May I bought two watches of the three prisoners, they were altogether.

Who bargained with you and took the money? - The tall man.

Did either of the others say any thing about it? - Yes, Chambers said, if I would give him two shillings he would advise Gall to let me have them; I bought a hat of them in about ten minutes after, I sold the hat in Monmouth-street to a shopkeeper, they were all present when the hat was sold.

Jealous. I delivered them this morning to the prosecutor, we kept them in case they should be wanted. (The watches produced by Davis, and deposed to.)

Holmes. I have had mine between two and three years, I know it by the maker's name, and a silver cock.

What is the maker's name? - Stevens, Bristol; I have no doubt but this is my watch, I lost it at the same time.

Court to Ellis. Is that your watch? - Yes, I believe it is, I do not recollect the maker's name, but a watchmaker who has cleaned it for me is here, I did not make any particular remark at the time I wore it.

Court. Who took the money for these watches? - I laid down the money, and they all took some.

Did either of them take a part of the money? - Yes, I saw them with some silver in their hand which I had paid them.

Prisoners. What silver did you give? - I gave half a guinea for the one and nineteen shillings and sixpence for the other in silver, Chambers was in the room, he shared the money, I think they all three took the money in their pockets when it was shared.

How much money had Chambers? - A very small part; they each of them had some silver, and Gall had the half guinea, I am very sure that Gall took up the money, and gave it into Turwood's hand, and Turwood took the rest of the silver in his hand, I do not know what he did with it; after I had bought the hat of him I went away, Chambers had a sixpence in silver, and sent for some gin with it.

Who produced the watches? - Gall produced one, and Turwood the other.

To Jealous. What money had Chambers in his mouth? - Half a guinea.

To Davis. What time of the day was this? - About half past ten, on the 30th, I went there about half after eight, and staid with them till about nine; when I sold the pistols Gall was there, and Chambers was there.

Prisoner Gall. These two men knows nothing of the robery, it was two other men that was along with me, I know nothing of these men, only seeing them once at a public house, and that was all.

Court to the witness Davis. You have appeared here in a very bad light indeed, you sold Gall a brace of pistols, and you afterwards bought two watches, it is impossible but you must know how they were obtained, therefore let me admonish you.

JOHN ALCOCK sworn.

I live in St. Martin's-lane; I know Mr. Ellis, I cleaned a watch for him about a twelve-month ago, this is the same watch I cleaned for him, we always have a memorandum in a book.

To Ellis. Was the watch that was cleaned about a twelvemonth ago the same watch that you lost? - Yes.

FRANCIS KAYTON sworn.

I live in Monmouth-street, I deal in hats, I remember buying this hat by a hole in the crown, I gave three shillings and sixpence for it, the prisoners were all together, but I gave the money to Gall.

To Davis. Did you sell the same hat to Kayton that you purchased of the prisoner? - Yes, I did.

Prosecutor. This is my hat that Gall left.

Court to Davis. Who was present when Gall bought the pistols? - Chambers.

Who paid for them? - Chambers.

Mr. Garrow to Davis. It was you that gave the information against these people? - Yes.

Prisoner Turwood. What do you know of me, Mr. Israel?

Prisoner Gall. Did not I pay you the money for the pistols, Mr. Israel, did not I give you five shillings, and you said you would trust me one? - It was Chambers that gave me six shillings for them.

Prisoner Gall. I paid him five shillings, and I owe him a shilling now.

Davis. That is not true, it was Chambers.

Prisoner Gall. I have nothing to say in my defence, but these two men are not guilty of the robery.

PRISONER CHAMBER'S DEFENCE.

I was in bed that night before nine that the robery was committed, in the morning I went out to work at six, nobody

was in the room but this prisoner Turwood, who lodges in the house, and breakfast with us, then they came and took us up.

PRISONER TURWOOD'S DEFENCE.

I lodge in this house, I went to see Chambers, my witnesses did not know that my trial would come on.

ALL THREE GUILTY , Death .

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

Reference Number: t17860719-29

589. AMBROSE MAIN was indicted for feloniously stealing, on the 3d day of April last, four linen sheets, value 6 s. two linen pillows, value 1 s. a linen bed quilt, value 1 s. a blanket, value 6 d. four pillow cases, value 1 s. and one flat iron, value 3 d. the property of John Foresyth , being in a certain lodging room let to him by the said John, to be used with the said lodging .

JOHN FORESYTH sworn.

I let the lodgings to the prisoner's wife ready furnished, the prisoner used to come there, I lost the things mentioned in the indictment to the value of five shillings.

BETTY BRAMMELL sworn.

I am a pawnbroker; I took the things in pawn from the prisoner; four of the articles have been a twelvemonth, and some of them eight or nine months; one is a sheet for two shillings, the 4th of July was a twelvemonth, the other a blanket, 6 d. the 11th of July, a sheet for eighteen pence the 19th of July, on the 31st of December a pillow for sixpence, the 2d of January a pillow for sixpence.

What is the value of these things? - They really are not worth more than was lent on them, had they been worn any where so long as we have had them, there would not have been a thread of them left.

You know nothing by whose direction the things were brought by the child. - We imagined by the mother of the child.

Did the mother of the child at any time intimate that she knew any thing of them? - I only imagine she did, I do not know any thing of my own knowledge of a certainty.

Prisoner. I was innocent of the whole story, but when I missed them I challenged my wife, and she told me she would call the landlord, and he would put me into the watch-house; I am a gardener, and went to work every day.

Brammel. The prisoner is a man that has lived in credit, and has been in very good circumstances.

Court to prosecutor. Did you live in the same house with the prisoner? - Yes.

Can you tell whether this time twelvemonth, and in the month of December, and January, and February, the prisoner used to lay constantly in the house? - Yes.

How long was it before you heard of these things being gone? - I do not know, above a fortnight.

JEREMIAH BUMPSTEAD sworn.

I apprehended the prisoner; I never knew to the contrary but the man was a very honest man, he had lived in very good credit.

Court. A married woman cannot be guilty of felony when in the presence, or in company with her husband, because she is then supposed to be under his restraint; but he being absent, then it is her crime, not his; and though he does afterwards know of it, if she did not commit it under his concurrence and restraint, that will not affect him.

NOT GUILTY .

Tried by the second Middlesex Jury before Justice ASHURST.

Reference Number: t17860719-30

590. MARGARET WATSON was indicted for feloniously stealing, on the 27th of June last, a linen shirt, value 18 d. the property of Samuel Chandler ; two half handkerchiefs, made of linen, value 3 s. the property of James Charles ; one handkerchief, value 18 d. the property of Thomas Fletcher .

MARY CHANDLER sworn.

I am the wife of Samuel Chandler ; the

23d of June the prisoner came to one Mrs. Chapman, who is a witness here, I employed her to wash the things mentioned in the indictment, and these things were in the bed room of a young man that lodges with me; I saw the prisoner go up stairs to Mrs. Chapman's door, from the back room, and I saw the things just before I gave the prisoner the handkerchiefs to take into the back room to wash, and she hung up the shirt there herself.

ANN CHAPMAN sworn.

I lodge in the two pair of stairs; I remember the prisoner coming to our house, she came up stairs, and brought a handkerchief; when I saw her in the gaol, she said she put the other things in the back cupboard; we went and searched, and could not find them; she never produced them afterwards.

PRISONER's DEFENCE.

I never touched the handkerchief nor apron, nor took them out of the place; my husband keeps another woman in Ratcliff-highway, and I went after him, and he advised these people to take me up, and to put me into the Tower gaol.

Court to witness. Do you know any thing of this? - I never saw the prisoner's husband till I saw him on the Wednesday morning; he said I must not seek to him for any recompence.

Prisoner. I have not a friend in the world, nor I have not had a bit of any thing but a bit of dry bread.

GUILTY .

Privately whipped , and confined six months in the house of correction .

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

Reference Number: t17860719-31

591. SAMUEL BURT was indicted, for that he on the 17th day of July last, feloniously, and falsly, did make, forge, and counterfeit, and cause and procure to be made forged and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting, a certain order for the payment of money, with the name Richard Evans thereto subscribed, dated the 17th of July, 1786, directed to Sir Herbert Mackworth , Baronet, and Co. for one hundred pounds , the tenor of which said order is as follows:

"No. 68, Bond-street, London; July 17th, 1786, Sir Herbert Mackworth , Baronet Dorset, and Wilkinson Johnson, pay bearer one hundred pounds for Robert Evans ," with intention to defraud Sir Herbert Mackworth and Co.

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

A third and fourth counts, with intention to defraud Robert Evans .

The case opened by Mr. Silvester.

Mr. Garrow, prisoner's counsel. My defence is, that this young man was insane at the time he did it.

JOHN WILKINSON sworn.

I live in Harley-street, my Banking house is in New-Bond street; the firm is, Sir Herbert Mackworth , George Dorset , John Johnson , and myself; on Monday morning last, the 17th of July, about half after nine, I was engaged in business, at the house in Bond-street, the prisoner at the bar brought this draft and gave it our head clerk; he asked him a s he took it of him how he would have it, he replied in money, to which the clerk made no reply to him, but shewed the draft to me; upon shewing the draft to me, I immediately looked round to see who brought the draft; the prisoner stood with his back to me; I immediately saw it was a person I had long known, coming from Mr. Evans; I did not know that he was his apprentice; I knew he had been frequently in the habit of bringing his book, and bringing bills for him; I said, is your master well, he said yes, he is very well, and he is in town; I told him, there is a vast difference in his hand writing, are you sure he wrote this; upon which he said yes it was, and he was to carry him the money; I ordered one of the clerks to shew

me one of the drafts of Mr. Evans's; I was still convinced it was not his hand writing; I said are you sure it is, he said a second time yes; then I said, give my compliments to your master, at the same time I said, to one of the clerks, whose name is Cudworth, make up a hundred pounds in a bag, and give my compliments to Mr. Evans, and tell him I have some doubts about the hand-writing, but I have sent him the money that he may not be disappointed; the young man turned and said, do you mean to say it is not Mr. Evans's hand writing? or words to that effect; I said yes, I certainly do; nothing more transpired, he left the shop, and I immediately sent my clerk to Mr. Evans's with the money; it has been in my custody ever since, (the draft read)

"No.

"68, Bond Bond-street, No. London,

"July the 17th, 1786. Sir Herbert

"Mackworth, Baronet, Dorset, Johnson,

"and Wilkinson; pay the bearer

"one hundred pounds, Robert Evans ." (In the margin) 100.

Mr. Garrow. How long has Mr. Evans kept cash with you? - Our house has not been in being in the present firm before the first of January, 1785; I was then principal clerk where Mr. Evans kept cash; he began keeping cash the 1st of January 1785.

You had been so conversant with Mr. Evans's hand writing, that on the first inspection of it you took it not to be his? - I did.

You mentioned that to the young man? - Yes.

You pursued that idea, and said, are you sure it is his? - Yes.

How long was it after he went away that you saw him again? - Not till between eight and nine that evening.

Where did you see him then? - At Bow street at the publick office.

You sent your clerk to Mr. Evans? - Yes.

You learned from your clerk (for I have no objection to all the hear say ) that this was not Mr. Evans's hand writing? - I did.

Upon the inspection of it, it did not appear to be at all like Mr. Evans's hand-writing? - There was some similarity but not such as to deceive a clerk, unless it was overlooked; it is not well done.

ROBERT EVANS sworn.

I am a gold-beater; I live in Long-acre, the prisoner was bound apprentice to me about four years ago.

Was he a servant to you at the time this happened? - I cannot say he actually was a servant at the time this happened, because he quitted my house the day before, the Sunday, in the forenoon, and did not return again.

Now, Sir, that draft, is it your hand writing? - No, Sir, it is not.

Mr. Garrow. Was he your apprentice? - Yes, for seven years.

You say that it was not your hand writing? - No, Sir.

He lived in your house? - He did.

He continued there down to the Sunday preceding this fact? - Yes.

At what time did you learn from Mr. Wilkinson that such a draft had been presented? - I believe it was near about ten.

At what time did you receive this letter? - On the Tuesday, and I believe it was on the Monday the banker's clerk came to me with the draft, and the hundred pounds, I received this letter on the Tuesday in the forenoon about eleven; I was dressing, I am positive it was not on the Monday, it was delivered to me by a servant of mine, and appears to have a penny-post mark upon it.

You know his hand writing very well? - Yes.

Is that his hand writing? - I believe it to be his hand writing.

Do you believe that to be his hand writing? - (Shewing him another paper.) - I do.

Perhaps you know where this was found? - It was taken from him when he was searched.

What was the first intimation you had of this young man's being in custody? -

About ten o'clock Sir Herbert's clerk came to me with that draft, and told me it had been presented for payment, but his master had his doubts about it, therefore sent me the hundred pounds, I took the draft in my hand and told him it was not mine; I had some conversation with the partners; Mr. Wilkinson went with me to Bow-street, it was about eleven when I went from Bond-street; we arrived at Bow-street about twelve.

At that time had they had any intimation of the prisoner? - None that I know of.

You then gave some intimation? - Yes, Sir, to Mr. Addington; about three a person came from the public office in Bow-street, to tell me that the prisoner was in custody.

You gave the information in Bow-street? - Yes.

Was the prisoner in consequence of that apprehended, or did he surrender himself; - I do not know, I heard he was in Bow-street; I went to him, but I did not ask him the question; my servant told me he was in custody, and had surrendered himself.

Do you know whether he was apprehended? - I do not know, I have heard he surrendered.

Court. I cannot take that either for or against the prisoner; he does not know.

You found him in custody, and you do not know that he was apprehended? - Yes, I have reason to believe that he surrendered, but I do not know it.

Court. If it turns out to be a material fact, I shall be glad, for somebody from Bow street to be sent for.

Prosecutor. I recollect the first account was from my own servant, and afterwards a man met me and said, he was in custody, but whether he said, he was apprehended, or whether he surrendered, I do not know; the general account was, that he surrendered, I really believe he surrendered himself, but I cannot say upon my oath that he did.

Have you had occasion to know the state of the mother's health? - I can say nothing of myself of the state of the mother.

I ask you, whether from universal reputation, you know what the state of her intellects are?

Court. Reputation is no proof of a fact that is capable of being proved; it is with great pain that I reject any evidence that can make for the prisoner, but I must do my duty.

Mr. Garrow. Do you know what the state of that boy's health was, who was living in your house, during the last eight months? - I looked upon him to be in as good a state of health as most.

Then you did not know of any disorder under which he laboured? - I did not.

Do you know that there was a disorder which was concealed from you? - Yes, Sir, a surgeon attended him for eight months.

Do you, of your own knowledge, know whether he was taking mercurials or not? - No, Sir, if he did, he concealed it from me.

How old is he now? - I take him now to be eighteen or thereabouts, rather more I believe.

He was very much entrusted by you? - Within these three or four months he was; he has been within that time in the habit of selling goods in the shop.

When you went to Bow-street, I believe you very humanely made this man an offer, that he might, if he pleased, go to the East Indies? - I did; that was previous to the examination.

I cannot ask you legally what his answer was; but I may ask you this, did he accept it? - He did not.

That was after he was in custody, and after he was charged with the commission of a capital crime, which he perfectly well knew would affect his life? - Yes.

Have you now at the time I am speaking to you, any reason to believe that the prisoner at the bar committed this offence in order to be detected, in order to be brought

to justice, and in order to destroy his own life? - I do not see how I can answer that question.

I will repeat the question, have you now, at the time I am speaking to you any reason to believe that the prisoner at the bar committed this offence in order to be detected, in order to be brought to justice, and in order to destroy his own life? - I believe he committed that offence with intention to obtain the money.

Have you or have you not reason to believe that the boy did this, actuated by desperation, and with intent to destroy his own existence? - No, I do not.

Mr. Garrow. I wish to read the letters and papers; I have already stated the ground on which I mean to defend this young man, which is, that he was insane: when I state that as an answer to an offence of this sort, I undertake a very difficult and arduous task; it is a sort of fact that carries with it some evidence against the prisoner; we have had a very melancholy instance of that sort, and the defence of insanity has been proposed as an answer to the commission of the greatest offence, that of murder; it has been asked of the witnesses, whether they had observed any thing in the conduct of the party, that induced them to form an opinion that the mind of that party was disordered; you cannot ask that question as to any one single fact, whether at that instant his mind was under the influence of insanity; but you are to lay before the Jury, a sufficient quantity of acts, in order to draw the inference for the Jury to presume that this person is not accountable; we therefore always ask what has the party done and said; and conducted himself; what has been your observation on the conduct of the party originally? and it is upon that idea I state to your Lordship the principle upon which I produce this as evidence; the acts of the party cannot be evidence for him, because they may be framed and fabricated for the purpose of defence; but the case of insanity differs from all other cases, because the law presumes that these are not the acts of the man that does them, but that he is as much a mere machine in the hands of something that governs him, as the beast in the street; in that view you take all the acts of the party as done before, and at the time of the fact: If I was to state to you that this was not a forgery, if I was to state to you that this was not the hand writing of Mr. Evans, I admit I could not make the acts of the young man evidence for him; but I say, he is insane at the time he did this; and if I shew he was rolling in the streets, that he was running about the streets with a fire brand in his hand, that he did not know his nearest relation; I should bring convincing proofs of his insanity: but if I cannot give that evidence, may I not shew that on the morning of this fact, he conducted himself as an ideot, that he did that which no man in his sound mind could do, that at the same time he was writing this draft, he wrote a letter to his master to shew that he had done it with a design to be brought to justice, that soon he hoped to meet his friends in eternity, and that his only object was to get rid of the troubles and inconveniences of life; if I might shew that he was running about with a sword to murder his own father and mother, may not I shew this? though it may not go the whole length of that evidence; surely I might shew that at that very instant he was making confessions under his own hands, stating that it was complete, and that his object was accomplished; if now, my Lord, after I have done that, I was to stop short there, you might answer why it is the act of the man contrived for the purpose; but I have other evidence; I know there are differences of opinion on the subject, but I mean to shew that antecedent to the birth of this young man, there has been a fatal lunacy in the family; I mean to shew acts of the most confirmed madness of this boy's mother, antecedent to his birth, and from his birth, and to this time; and that it has not been confined only to that branch of the family, so that madness certainly has descended to this unhappy family; what ever the opinions of the faculty may

have been on this subject: I mean to shew that a sister of this boy, of the same age, has been guilty of acts of madness; that by her own hands, she was once suspended within a very short period of eternity indeed, that she was cut down and restored to society; and when I have done this, it seems to me as if I had laid a great foundation for the introduction of these papers: I know this is before a Judge who will go all lengths that the law will permit him to go in favour of a prisoner, who will feel much more satisfaction, if the evidence should tend to the elucidation of the prisoner's innocence; but I know also that your Lordship cannot go beyond the bounds which the law prescribes.

Court. I think you come short, and require something to introduce the evidence of these papers, and that in the present state of the business, they cannot be received; I am of opinion, that the acts of the prisoner are evidence in all cases, both for and against him, but not so of his declarations, either by word or by writing; now you state a supposition which is putting it in the strongest way, and would stagger me very much, with respect to the general rule of evidence; for the reading a letter from the prisoner without shewing when, in what manner, or on what occasion that letter was written, certainly falls very short of the case; thus far I think myself bound to declare my opinion, that you cannot be permitted to read these letters, unless you prove them written prior to the time of this tender: when you have done that, I will consider and give my opinion, as to the propriety of receiving them.

Mr. Garrow. It is in evidence, that this was received early in the forenoon of Tuesday, I mean to produce it with the post mark upon it.

Court to Evans. Was you present when Elizabeth Williams received this letter? - I was from home, and was informed that the postman had brought this letter; it was in my possession between three and four; the young woman is not here; I was there about three, and I was questioning this young woman, and soon after the letter came, it was about ten minutes after three.

Mr. Silvester. Do you know when it was put in the post? - No, Sir, I do not.

Mr. Garrow. How soon was it that you saw this young man searched? - I believe it was in a quarter of an hour after; it was all before four; as soon as I was informed he was in custody I went to Bow-street; I did not stay twenty minutes; when I returned I received this letter.

Court. I think every thing found in his pockets when he was apprehended may be produced and read, but I wish to hear you Mr. Silvester.

Mr. Silvester. What is found in his pockets is evidence against him, but not evidence for him.

Court. It is evidence to operate as it may. You call a witness who apprehended the prisoner, or to whom he surrendered, you ask him, did you search that prisoner? yes; what did you find upon him? why I have found these papers; then the papers are to be examined by those conversant in the administration of justice, they are to have what operation they may; but it would be too much to say, I will read these over, I will burn all the rest: I am inclined to think at present, that whatever papers or property are found on him may be produced, and the papers read: now, put it another way, what did he say when he was apprehended; he says something that makes for him; can you exclude the operation of the answer?

Mr. Silvester. I have always heard it laid down, that what a prisoner says in confession of his guilt, is strong evidence against him, but what he says in extenuation of his offence cannot go to prove his innocence.

Court. You have it in every day's practice; did the prisoner make the same confession when he was taken up that he does now? It is carrying the nicety too far, it is injustice to garble the declarations of a prisoner, now that principle will not go to the other letter found in the hands of another person, because it cannot be introduced as

direct evidence for the prisoner, but when we come to examine the witness who apprehended the prisoner, I shall certainly permit that witness to be asked, what did you find upon him? and whatever was found upon him I shall certainly permit to be produced, read and shewn to the Jury.

Prosecutor. I was present when he was searched; I saw the letter taken out of his pocket.

ANN LAKE sworn.

Mr. Garrow. Do you know this young man at the bar? - Yes.

Do you know his father and mother? - Yes; I lived servant with them, I have known them for these last seven years; I have lived at several places since, and when I was out of place, it used to be my home.

Now from your observation of the mother, do you take her to be a woman in her senses or a complete mad woman? - I take her to be out of her senses.

How long have you so understood her? - Ever since I lived with her; the prisoner had two sisters, one of which attempted to hang herself, and I cut her down, it was without any provocation; she was about fourteen.

Mr. Silvester. Are they confined? - No, Sir, she stays at home, but she is not capable of doing any thing like another woman; it is melancholy madness that depresses the spirits, and that I have observed in the family.

MARY HUGHES sworn.

The mother of this boy lived in our house many years; two years ago.

Did you consider her as a woman in her senses or as a mad woman? - Always as a mad woman, rather melancholy and childish; I knew her daughter, who made an attempt on her life; I did not take her to be quite right in her mind.

Mr. Garrow. Now I call witnesses to the conduct or the prisoner himself.

SAMUEL WILLIAMS sworn.

I am journeyman to Mr. Evans; I have known the prisoner a year and an half.

Have you observed any thing particular in his conduct, previous to his leaving his master's house? - Two days only I took particular notice of him, that was Friday and Saturday before he went away; I sat next to him, and I observed him to be very low spirited and pensive, I asked him what was the matter with him, and he did not give me any answer, I told him he was very serious, I wondered what was the matter with him; both days I spoke to him the same.

Then it struck you particularly? - Not till this affair happened, then I recollected it.

Jury. Has the prisoner ever signified to you that he was in distress or had been in debt? - No, Sir, never.

Do you know the state of his health? - I believe he had the soul disease upon him full ten months to my knowledge.

Had he been taking mercurial medicines for the last ten months? - He was, I have seen such things about the shop; it was a secret to my master.

JAMES CHINA sworn.

I am another journeyman of Mr. Evans's; I worked with this lad on the Friday and Saturday, he seemed to be very dull, I asked him the reason, and this day week he was very dull; I said, Sam what makes you so dull, he made no answer at all to me.

Do you happen to know what the state of his health has been for some time past? - He has at times been ailing.

Did he take any mercurial medicines? - I believe he did privately.

ISAAC DORNFORD sworn.

I am another journeyman; last Saturday he was very sad and melancholy; I asked him what was the matter, he would not return me any answer; I mentioned it to my shopma tes.

Do you know the state of his health.

Court. That is sufficiently proved.

JOHN SAFFORAY sworn.

I am another journeyman; I observed no more at the time than that he was remarkably

dull; I observed that about the Friday before the offence was committed, and Saturday he was very dull, I did not speak of it to any body.

Jury to Prosecutor. Had you ever heard the prisoner was particularly connected with any woman in the neighbourhood? - Never, Sir, till after he was in custody.

Did you ever suppose him to be any way insane? - No, Sir, most assuredly not, if I had, I would not have continued him in my service in confidence.

No acts of his have caused you to suspect so? - No.

Mr. Garrow. You did not understand at all that it was a criminal connection? - No, Sir, I did not.

Jury. We wish to have the letters read, if the prosecutor consents.

Prosecutor. If Mr. Garrow thinks it will be of service to the prisoner, I have no objection.

Court. That is very honourable.

The letter read which was received by Mr. Evans, on the Tuesday, in the forenoon, about eleven o'clock, addressed to Mr. Robert Evans , gold-beater, No. 74. Long-acre.

"Sir, I take this opportunity

"of informing you, that I have this morning

"forged on your banker, for the sum

"of an hundred pounds; I am ready and

"willing to resign myself into the hands

"of justice, life is a burden to me, and as

"I have forefeited it to the laws of my

"country, I am ready and willing to re-

"it sign into the hands of him that gave

"it me." S. Burt, July 17th, 1786.

Another letter read, addressed to Mrs. Elizabeth Williams , at Mr. Thomson's, No. 77, Long-acre, London.

"My dearest

"girl, by the time you have received

"this letter, I shall have committed a

"crime which I sincerely hope to suffer

"for, as I think it is the only thing I can

"do to extricate myself from the difficulties

"of this world to the happiness of another

"world; I cannot find words adequate

"to my meaning, as my mind is

"very far from being composed, but let

"me intreat you not to repine, as I commit

"this with the view of meeting you in

"heaven; adieu, my dear, till I see you,

"which will, I hope, he before I am

"launched into eternity. S. Burt."

An unfinished letter read, which was found in his pocket when he was apprehended,

"My dear girl, since I wrote

"you this morning I have committed a

"crime which I told you I am to suffer

"for, but I am not yet in the hands of

"justice, I am quite tired of this world, as

"it is impossible for me to make myself

"happy in it. -

(A messenger, who was sent to Sir Sampson Wright's to fetch Carpmeal to whom the prisoner surrendered, returned and informed the Court, that Carpmeal was gone to Vauxhall upon duty.)

Court to Mr. Garrow. Can you carry this case any farther? - No, my lord.

Court to Jury. Gentlemen of the jury, the prisoner is indicted for a capital felony in forging, or uttering knowing it to be forged, which is an offence of equal magnitude, a draft for one hundred pounds, with intent to defraud Sir Herbert Macworth and Co. and also with intent to defraud Mr. Robert Evans ; this trial has taken a turn which makes the consideration of it painful; from the nature of the offence, as the fact is so clearly proved, you can have no doubt in this case that the forgery was committed, that this draft was tendered in payment by the prisoner, knowing it not to be the draft of Mr. Evans; but the defence set up is of such a nature, that it is right, in order to from your judgment upon it, that you should fully understand the way in which it points: The defence of insanity or disorder of mind where it is carried to a sufficient degree, is a defence for all crimes whatever, from the highest to the lowest, because, in order to constitute criminality, the act must be the act of the mind of the party that does it, it must be knowingly and voluntarily done; now if a person is not in his senses, or is so disordered as to take away the faculty of distinguishing between right and wrong, and of knowing the tendency

of the act which he does at the time, though mechanically it is the act of his body, though the letters are written, or the blow struck by him, which constitutes the crime; yet it is not the act of the person, that is, it is not the act of the mind; but in order to amount to that, it is necessary that the disorder of the mind should be such as takes away from the party all moral agency and accountability; such as destroys in them, for the time at least, all power of judging between right and wrong; that is the case with respect to all crimes; it seems to be peculiarly the case with respect to the crime of forgery, for in forgery it is not the mere act of writing the name of another person, or the delivering a paper upon which the name of another person is written, and not by themselves, that constitutes forgery; but the essence of forgery is the intent to defraud, and if therefore the party is incapable of knowing what he does, he can have no such intention, for he can as a moral agent have no intention at all: but you observe, that I have stated to you that it must be a total derangement of the mind; and it will be, therefore, for you to consider, whether there is any evidence in this case that can go any thing near that length; for unless it goes that length, it is my duty to tell you, however it may approach to that degree of disorder, which may make it perhaps a little painful to discharge one's duty under the uncertainty which may be introduced by such derangement of mind, yet unless it goes that length, it does not amount to a justification; the facts therefore, are no otherwise material, than as it may enable you to judge how far the conduct of the party, at the moment of the commission of the crime favoured of insanity or not; therefore it is with that view alone that I shall state to you the evidence of Mr. Wilkinson, and he says the prisoner brought the draft at half past nine in the morning, the clerk asked him how he would have it, he said in money, the clerk then shewed the draft to the witness, who asked him after his master's health, &c. (Repeats his evidence.) Now to be sure there is nothing in the conduct and demeanor of the prisoner at the moment of uttering this draft that speaks any insanity or disorder of mind, more than that which appears in the mind of every man who breaks the law; his answers to the questions are distinct, and are answers calculated for the purpose of obtaining payment of the draft? now the operation of insanity must apply to every moment during the commission of the crime, and in this case I cannot discern, but you are to judge of it, I cannot discern in the conduct of the prisoner while in the banker's shop, any thing that in itself, and exclusive of the rest of the evidence, argues any degree of insanity or disorder of mind; Mr. Evans is then called, and he proves the draft to be not his hand-writing, &c. (Repeats his evidence.) The papers that have been read certainly argue his strong intention of destroying his own life, though we cannot comprehend by what strange distorted mode of reasoning any man disturbed in his mind should pitch on that way to complete his own desperation, or that he should suppose there was less guilt in that than in the very act of suicide itself; these letters, however, if you believe them to be written prior to the crime, and not with an intention to be seen and produced, do certainly argue a disordered state of mind; but I am afraid, taking them at the utmost, they do not amount to a strict legal defence; for if a party for a criminal purpose of destroying his own life, commits a crime which he knows to be a crime, and amenable to the laws of his country, it is direct proof that he did know that he was breaking the laws of his country; I therefore do think that these letters do not amount to a proof of that kind of insanity, which is the strict defence in this case; besides that there are several witnesses called to prove a fact which would be a strong confirmation perhaps, if there was a direct evidence of the insanity of the prisoner; we all know, without consulting surgeons and physicians, that that unfortunate disorder which affects both the mind and the body, and seems intimately connected with both, does descend in families, and does affect different branches of a family; but it would be a great deal too much to say in a court of justice, that a man should not suffer for a criminal act, because there is a disorder of that kind in his family, when the evidence given as to himself, personally, falls very short of what the law requires; I cannot, therefore, consistent with my duty, tell you that in point of law, all the facts put together, this defence does amount to a justification; but you are at liberty to form a very different opinion, and if you are satisfied that he was at that time under the influence of insanity, so as not to be a moral and accountable agent, you will acquit him; but if you think not, it is your duty to find him guilty.

The Jury retired for some time and returned with a verdict.

GUILTY, Death .

Jury. It is our particular request that some mercy may be shewn to the prisoner.

Prosecutor. I humbly beg leave to join in the recommendation.

Court to Jury. Gentlemen, I presume you ground your recommendation upon the idea, that though it fell short of that absolute insanity to justify the crime altogether, yet that the prisoner laboured under some degree of disorder.

Jury. That is our opinion.

Tried by the London Jury before Mr. RECORDER.

When this prisoner was ordered to receive sentence, he addressed the Court as follows:

"My Lord, I am too sensible

"of the crime which I have committed,

"and for which I justly deserve to suffer;

"my life I have forfeited, and wish to resign

"it into the hands of him who gave

"it me; to recount my reason for wishing

"to die, would only satisfy an idle

"curiosity; no one can feel a more sensible

"heartfelt satisfaction than I do at

"the thoughts of quitting time for eternity;

"wherein I trust I shall meet with

"great felicity; I have not the least desire

"to live, but, on the contrary, if his

"Majesty should grant me a respite

"in consequence of my being recommended

"to mercy; I here avow in the

"face of heaven, I will put an end to my

"own existence; it is death that I wish

"for, it is death I seek; for nothing but

"death can extricate me out of the troubles

"which my follies have brought

"upon me."

Mr. Recorder. Samuel Burt , as you appear to have still remaining on your mind, some impressions of conscience, a sense of the submission that you owe to your Creator, and of a future state of existence, I think it my duty to address a few words to you in particular, in the melancholy situation in which you stand; happy shall I be if any thing I can say to you in your unhappy state, could ripen those seeds of conscience and of religion in your mind, into a proper sense of your duty to your Creator; you have expressed a submission to the laws of your country, which is highly praise worthy, but you must not deceive yourself by imagining, that a desire to die stands in the same situation with that submission; it is the duty of those that have violated the law to submit with patience to its punishment; but it is a crime against your Creator to wish to throw away your own life, and that unhappy wish appears from what you have now said, as well as from some unhappy circumstances upon your trial, to have actuated you to the commission of a capital offence. To come uncalled into the presence of your Creator is highly criminal of itself; he who made you best knows when you shall have fulfilled those purposes for which you were created, and he best knows when to call you out of this world; it is therefore the highest degree of presumption in you, to take that secret judgment to yourself, and to wish to throw away your

own life; it is that disposition I would earnestly pray to God to correct in your mind before you are called hence, if that should be your fate; but if there are circumstances in your case (which I cannot promise you there are) which should induce your gracious sovereign to mitigate your sentence, and to prolong your existence, it is your duty to receive of God and of your sovereign, the boon of life with gratitude, instead of pevishly throwing it away: it remains therefore for me to pronounce on you the sentence of the law, which your crimes have merited, and which it is your duty to submit to, but not to desire.

The Court then passed sentence of death on him and the other capital convicts.

Reference Number: t17860719-32

592. ELIZABETH BAYNES was indicted for feloniously stealing, on the 12th of July last, twenty yards of dimity, value 18 s. the property of Christopher Hill , privily in his shop .

WILLIAM NICHOLAS sworn.

I am a journeyman to the prosecutor; he is a man's mercer and button-seller , he lost some dimity on the 12th of July; between eleven and twelve, the prisoner came to our shop to buy some horn buttons, she bought half a dozen, and paid for them; and a gentleman came in, and she said she was in no hurry, she could wait; I served the gentleman, and whilst I was serving that gentleman I perceived the prisoner go to the counter, where these dimities lay; we have two counters in the shop; I suspected her, I perceived this piece of dimity was moved from its place; she desired me to shew her some other buttons; when she came back from the other counter I observed the dimity had been moved; I went to the further end of our shop, to get some other buttons; I opened them, I cut half a dozen, she laid down a penny for them, and turned to go out of the shop door; I perceived the piece of dimity was gone; the gentleman went out as soon as I had served him; I followed her out, she reemed rather to hold the door that I should not open it; I pulled her into the shop; and as she got into the shop she dropped this piece of dimity; I saw it drop from under her cloak, I took it up immediately; she was close to the counter, close by the door; I am very sure I saw it drop from her cloak; it could not slip off the counter; the dimity that was missing laid at the other end of the counter, this is the dimity, there are twenty yards; I know it to be Mr. Hill's by the marks L. E. R. in my master's hand writing; I can swear it to be his hand writing; he was not at home at the time; I saw the dimity on the counter after the gentleman was gone out of the shop.

Are you sure of that? I can swear it.

What is the lowest value of it? - It cost my master nineteen shillings and three pence; we sell it for more.

Did not you see her hand or her cloak move? - I saw her hand behind her all the time she was in the shop.

Then she was leaning against the counter where this piece was? - Yes.

Did not you see her move? - I saw her elbow move.

Now, have you no doubt but that was the time when she took this piece of dimity? - I have no doubt but what it was.

PRISONER's DEFENCE.

The man took me and sent for a constable, and then he picked up this piece of dimity, and told the Justice, that he went to the further end of the shop on purpose to give me an opportunity of taking it; he said, you have robbed me, but shall never rob me any more; here I am as innocent as the baby unborn.

GUILTY Of stealing, but not privately .

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-33

593. ELIZABETH MITCHELL was indicted for feloniously stealing, on the 3d day of June last, a man's cloth coat, value 8 s. a shirt, value 4 s. three boy's shirts, value 6 s. a sheet, value 6 s. two caps, value 2 s. one yard of lace, value 1 s. the property of Charles Chaffings ; one gown, value 7 s. one apron, value 2 s. a handkerchief, value 1 s. a sheet, value 3 s. a shirt, value 2 s. a stock, value 8 d. a frock, value 3 s. a sheet, value 1 s. a flat iron, value 6 d. the property of Richard Richards .

CHARLES CHAFFINGS sworn.

I employ this woman by the week; I went out on the 3d of June, and on my return, I found the place stripped of every thing; I am a cricket and trap ball maker ; I left the prisoner at home and nobody else; I found her on the 13th; I found some of my things at a pawnbroker's, she said, some she had lost, and some she pawned, she said, she pawned some in Shoreditch, and some in Whitechapel, but I found none at either of the places.

RICHARD RICHARDS sworn.

My things were sent to Chaffings to be washed.

- MACKINTOSH sworn.

On the 3d of June the prisoner pawned these two coats at our house.

(The coats produced and deposed to.)

Prosecutor. I did not send her to pawn them.

PRISONER's DEFENCE.

I worked for the prosecutor at half a crown a week, and he could not pay me; his wife gave me the things to pawn, and lent me the gown to go and see my sister at Deptford.

Jury. Did Richards's wife lend her the gown.

Richards. No, she did not.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-34

594. SARAH HOWSE was indicted for feloniously stealing, on the 5th day of July , one cotton gown, value 5 s. the property of Benjamin Crispin .

CHARLES GALE sworn.

It was on the 5th of July, at half after five in the morning I saw the prisoner, I asked her who she wanted, she made me no answer, and went away; I was so frightened I could not follow her.

MARGARET MORGAN sworn.

I know nothing only that Mr. Young went after the prisoner.

JOHN YOUNG sworn.

I heard a great noise over my head, I went up stairs, and called out who is there, the prisoner said, it is I; I went down stairs and met the prisoner, and she went to the necessary and wanted to throw the gown down the necessary, but I prevented her.

Richard Reeves produced the gown.

(The gown deposed to.)

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-35

595. JANE SKYNNER otherwise DUNKIN was indicted for feloniously stealing, on the 19th day of July , four pair of cotton stockings, value 4 s. one pair of thread stockings, value 1 s. and one yard of thread lace, value 1 s. the property of William Crosby .

The prosecutor and witnesses called on their recognizances, and not appearing, their recognizances were ordered to be estreated, and the prisoner was ACQUITTED .

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

Reference Number: t17860719-36

596. WILLIAM BRITTON was indicted for feloniously stealing, on the 28th day of June , one mare, price 20 l. the property of Thomas Dowse .

GEORGE WALKER sworn.

I am groom to Lord Mansfield; I am perfectly acquainted with Mr. Thomas Dowse ; on Tuesday the 27th of June, I took the mare into the field, between six and seven in the evening; this field is within an hundred yards of Cane-wood, in Hornsey parish ; the next morning about half past six, I found the gate open, the staple had been drawn, and it had been hammered very much to get it out, and three horses gone out of the field; I had locked it the night before; I had the care of this mare for six months, I can know her with certainty again, she was a chesnut mare, about fourteen hands two inches, with a star in her forehead, rather a switch tail, her tail has not been cut for some time; there is some white on three of her feet; I came back and told my fellow servant; my Lord's coachman is not here; I had information that the mare had been laid hold of, I saw her about two hours after in Litchfield-street; on Thursday the 29th, the other two horses were found on Hampstead-heath, the next day; the mare was shewn to me by John Wood ; it was Mr. Dowse's mare, I am quite clear in it, I have no doubt; Mr. Dowse lives in my Lord Mansfield's family, at Cane-wood.

RICHARD KNIGHT sworn.

I am a waterman at the King's-head, Broad-street, Bloomsbury; I took the horse

and the mare both in; we have a livery stable at the King's-head; I took it in at four minutes past half an hour after two in the morning; when I went in to get the key of the gate, I looked at the dial; it was on the Wednesday morning the 28th, I took her in from the prisoner, he brought them both in his hand, and said, they belonged to one Mr. Hamilton; they were neither of them saddled, the prisoner was on foot, he desired me to take particular care of them, and give them what corn they would eat, and about six the same morning he should come for the horse; it was light enough to distinguish the person of the prisoner; there are lamps near the door, and they were lighted; I never saw the prisoner before at the house to my knowledge, and I have been there nine years.

Can you speak with certainty as to his being the person? - I can with a very clear conscience; in the morning he came for the horse, and left the mare, it was not three o'clock when he went away, and when he came back again it was about a quarter past six; I saw him come up the ride the second time, and Mr. Wood delivered out the horses; I am sure he was the same man that came before, for I had the horse in my hand when he came up.

Was you present when he demanded the horse? - No.

Are you sure he did demand the horse? Not to my knowledge; when I saw him at the office I was sure he was the same man.

Court to Walker. Did you see a horse at the office? - No, only the mare which was led about for an hour.

JOHN WOOD sworn.

I am an hostler to Mr. Bishop, at the King's-head in St. Giles's, that night we were so full of horses, we were forced to take out three into the ride, we had a brown gelding we were obliged to tie out upon the ride; it belonged to a man, the corner of Great Earle-street, when I came in the morning to help the hackney coachmen, I said, I will be d - nd if I have not lost a horse off the ride; and the coachman said, if you have lost one never mind, Dickey has found two; I went into the six stall stable and there I saw the brown gelding and the chesnut mare tied against two other horses; I said, whose are they, he said, they belonged to one Mr. Hamilton, I said where is the bridles and the saddles, he said, there was none come, and says he, d - n the mare jumped over the bar, and had like to have jumped over me; I answered him, I will be d - nd if they are not stolen horses; I was going down the ride, and the prisoner came up and said, have you taken care of them horses that came in this morning, have you fed them, I told him I had not, he said, I want the brown horse to fit a bit on to go to Bath; I said, I will give him another feed of corn, and while I am rubbing him down he will eat it, as he is come off a journey, he said d - n him he is as hard as brass; he pulled a snaffle bridle out of his pocket, I asked him who it belonged to, he said it was a young mare a favourite, and belonged to Mr. Hamilton, and I must be sure to take care of it, and he said he would come at ten to see the mare fed the same morning; I delivered him the horse, he took it away at a quarter after six.

Did you see him afterwards? - Yes, about three in the afternoon I was going out, he came in, and I was rather cross, says I, d - n it, you never come to your time, I have fed the mare, and watered her; he said nothing to me about the mare, only that it was very well; I saw no more of him, I went over to my mistress, and asked her his direction, but he was not present; I was with Knight at the office, this is the mare that was at the office, Mr . Blacketer came and detained the mare the next morning; when I had this conversation with the prisoner, he was at the stable door, the mare stood facing him, he told me to take care of her, that it was a young mare, and a very great favourite; she is a chesnut mare, with a blood tail, and a star in her forehead, she has one white foot, she has no more white about her legs.

What do you mean by a blood tail? - There were a few long hairs.

Are you sure she had only one white foot? - Yes, a white fetlock joint.

Did you examine her accurately? - Yes, and to the best of my knowledge it is the off leg behind; I had the mare in my care; I saw Mr. Walker at the office, as soon as he saw the mare, he said it was Mr. Dowse's property; I can swear that three legs have no white about them.

WILLIAM BLACKETER sworn.

I belong to the office in Litchfield-street, the prisoner was in my custody, I found the chesnut mare at the King's Head in Broad Saint Giles's with a blaze on her face; that was the mare that Mr. Walker saw; I believe it was between seven and eight on the Thursday morning.

Did any of the witnesses that are now in court, and have given evidence, tell you who brought this mare to them? - The hostler, whose name I have forgot, I told him to stop her, and let nobody have her; I know he was advertised, I observed her one night, I think she has a little white on one of her heels, she is a pretty looking mare, a very fine looking mare, Mr. Walker said he knew the mare to be Mr. Dowse's property.

Prisoner. Who gave you the first intimation of that mare being in the stable? - The prisoner told me then he lodged all night at the King's Head in Tottenham-court-road.

Court. Had you then charged him with stealing this mare? - No, my Lord, he said before the Justice, he had lodged all night at the King's Head in Tottenham-court-road, and they sent me up there to know if he had been there, I enquired about him, and they knew nothing at all of any such person, so I went to New-prison, and I told the prisoner, you stole this horse, and you had better tell who was concerned with you.

Did not you tell him it would be better for him? - There was no owner to this horse then, my conversation was about the other; he said he would tell me by and by; I said I would not believe him, as he sent me on a wrong message before, and told me lies; the conversation I had was about the other horse; he told me she was Lord Mansfield's.

Mr. Walker. I thought there was some little white upon two or three of her legs? - I am sure there was white on one of her feet, I cannot speak with certainty to the rest.

Court to Mr. Blacketer. You know of the reward? - I saw it in the paper.

Court to Mr. Walker. You know of this advertisement? - Yes.

Court to Knight. Have you seen this advertisement? - I saw it after I was at the justice's, but I never looked after it at all.

Court to Wood. Did you see this advertisement? - I heard of it at the Justices, not till then.

Did you know what the sum was? - No.

To Knight. Did you? - Yes, five guineas.

PRISONER's DEFENCE.

The horse and the mare were given to me in Tottenham-court-road, about one o'clock, or rather after, on Wednesday morning by two men; one of them called himself Hamilton; I was coming to town that morning about one, and I called at the King's head, it was so full of hay-makers, I could not get a lodging, and two men came with their two horses, and I asked them where they were going, they said not much farther, I told them I should be much obliged to them to tell me where I could get a lodging, one of them said yes, come with us my lad, take hold of that horse, and we will get you a lodging; they took me into a public house, I cannot tell the name of it, and asked me what I would drink, I told them I was very thirsty, they gave me a pot of porter, and they asked me to take these two horses down to the King's Head livery stables in Saint Giles's, and put them in there till the next morning, I told them I would, one of them came out with me to the door, and gave me the horses, and came with me almost to the place, for I am an intire stranger in town; I found this waterman at the stable door, and asked him for the hostler, he said he would call him up, he

did not awake him, he took the horses, but the stables were all locked up; the man who gave me the horses desired they might take particular care of the mare, for she was a favourite of Mr. Hamilton's; in the morning when I came at six, I found the horses in the yard, one of the men's name was Hamilton, the other I do not know; I have no witnesses.

Court to Walker. Is Mr. Dowse here? - No.

What may the value of this mare be? - I think she is very cheap at twenty guineas.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-37

597. JOHN CRAWFORD and MARTIN DUNCAN were indicted for feloniously stealing, on the 15th day of June last, three guineas, value 3 l. 3 s. and eight shillings and sixpence in monies numbered, the monies of William Reeves , in the dwelling house of Philip Townsend .

WILLIAM REEVES sworn.

I sell hay in St. James's Hay-market ; the prisoners sat by me drinking, and they picked my pocket; we were drinking at the Red-lion, Piccadilly; the prisoners came to see me safe home, and I asked them to drink.

You was drunk, I suppose? - No, I was not; they desired to come and see me safe home.

Was not you worse for drinking? - I had drank a draught of beer, and went there to treat them with a pot of beer.

Did you know them before this? - I had been to receive some money in Tottenham-court-road; I lost three guineas in gold and some silver; I went into the house of one of the prisoners, who pretended to be landlord of the house in Tottenham-court-road, for a pint of beer; I do not know I ever was in the house before; I knew nothing of it.

Did you shew any money there? - No, Sir, the prisoner Duncan pretended to be master of the house, he drew the beer and took the money of me; I do not know whether I had one or two pints.

Were not you drunk? - I was not drunk; he and the other prisoner came to see me safe home; I believe it was as late as twelve, I cannot say justly the hour; they came quite home, and after I came home we had a pot of beer at the Red-lion, I believe we had one pot, I suppose we were there half an hour or three quarters, I cannot say exactly; when I sat in the box, the man that was on the right hand side of me, that is the prisoner Crawford, cut my pocket and took my money out, I stopped him immediately, and had him searched, and it was found upon him, he wanted to go out, and I perceived his hand upon my thing, and I stopped him and said, you have robbed me, he said, he had no money about him, and would stand search, and the landlord searched him, and he had no money, and two beadles came in and made him strip, and found it all upon him, they found three guineas in gold, and seven shillings and sixpence in silver, and three halfpence farthing; I lost three guineas and some silver.

Was there any other person near you besides the prisoner? - Only this man in the box, while he was doing it I felt him; my pocket was cut out.

What did the prisoner say when the money was found upon him? - He said at first he had no money, but when it was found upon him, he said no more; they took him away to the watch-house; the money had no mark upon it.

Mr. Macnally, prisoners counsel. You have been frequently before at this house, the sign of the Red-lion? - Yes.

How many glasses of gin had you the morning of the day you was robbed? - Not one.

Do not you recollect when you was at the Running-horse, that you fell asleep on the table? - I was not asleep at all at the house.

Did not the landlady of the house raise you from sleep, and tell you, that you would be robbed in that situation? - I was not asleep.

How came these men to go with you, to see you home? - I do not know.

Did not the woman of the house say, that you was in such a state of drukeness that you were incapable of going home, and the servant should see you home? - She did not.

Is not the prisoner servant to the woman of that house? - I do not know, I thought he had been the landlord.

Did not he go home for the purpose of protecting you, by the desire of the landlady of the house, did not he assist to awake you? - The woman might say so, but I was not asleep in the house at all.

When she gave you this advice, if you sleep here you certainly will be robbed; did not you answer, there is no danger of that, for I have been in company with two women of the town all the morning, and I am perfectly secure? - No, Sir.

Was not you in company with women of the town that day you was robbed? - As to women of the town, I do not know what they were.

But before you came to the Running-horse, was not you in company with women of the town? - I might, but that is nothing, I was robbed in this house, I have nothing further to say at all.

But you shall answer; did not Mrs. Butler tell you if you slept there you would certainly be robbed? - She might say so.

Do you admit she did say so or not? - Well, I believe she did.

Did not you in answer to that, say to her I am not affraid of being robbed, for I have been in company with two women of the town, and I am perfectly secure? - No, I did not, I will take my oath of that I did not.

Did not you say, you had been in company with women of the town, and that they had got all the money you had about you? - No, I did not.

I ask you on your oath, did not the prisoner Duncan go home with you, at the request of his mistress to see you safe? - Yes, and I thought it had been the landlord of the house.

Have you any charge against the prisoner Duncan respecting the robbing of you? - I have not.

Was Duncan searched? - Yes, there was only a knife found upon him; no money.

PHILIP TOWNSEND sworn.

I keep the Red-lion; I know the prosecutor; I remember his coming to my house with the prisoners.

In what condition was he? - He was not drunk, he was rather inclined to sleeping after he sat down; he came in very well and called for a pot of ale.

Did he appear to you to be drunk? - No, he did not; they sat down, and in about half an hour he stood upright and said, I am robbed of three guineas and some silver; I then went out of the bar and took the prisoner Crawford whom he charged with the robbery, and he said, he had no money about him; I unbuttoned his breeches, and felt them; in the mean time the beadles came in, and I resigned him up to the beadles, and they searched him, and after searching him sometime they found the same property about him, that the prosecutor said, he had lost, that was three guineas and some silver; I did not stand to see him searched, I went into the bar again.

What did he say after this was found? - I cannot say.

JOHN JONES sworn.

I am beadle of St. James's; I was told the prosecutor was robbed of some money; I searched Crawford, and found three guineas and eight shillings in silver; I found this piece of pocket that was cut out, and a guinea by the side of it, on the ground; here is the pocket that matched the breeches; I found one guinea under his backside,

and he took the silver out of his breeches pocket, and held it in his hand, and the other money the lanthorn bearer found; we could not find a mag on the other, nothing but a common pen knife was found on Duncan; he wanted to go to the vault; there was no knife found on Crawford.

(The piece of pocket and the breeches produced and shewn to the Jury, which matched exactly.

Court to Townsend. Was there a knife in the box? - No; they searched under the box for a knife that cut the pocket, but could find no knife at all.

PRISONER DUNCAN'S DEFENCE.

This man was at my mistress's house, he had a parcel of women, he was very drunk; my mistress came and said, friend, if you have money you shall leave it; indeed, madam, says he, I have but very little money; for, says he, I lost a couple of guineas any how; he said he was not at home the night before; and she sent me home with him; I went along with him all the way; he knocked at the door, and the landlord would not let him in, then he wanted me to go along with him to have something to drink; I had a pot or two of ale with him; says I, Mr. Reeves I wish you would hold up your head, so he stood up and said he had lost his money, and the constable came in and took me in custody; before Jones came in I could have gone away long before; so they took me up and brought me down here.

MARY BUTLER sworn.

I keep the Running Horse; I know the prosecutor, I recollect his coming into my house on the day of the robbery; he said he was at Primrose hills and he came in with two girls of the town, that I know to be infamous girls, and asked for liquor; he seemed to be very much in liquor; he said he was up along with me girls; he said he was rolling with the girls all the morning; it was Thursday, I asked him where he lived, and he said he kept the straw-yard in the hay-market; says I, you look to be a country farmer, if you do not take care of these women they will rob you; they diddle daddled all day till night; he told me he went out of my house to go to sleep with a woman, and the next morning he came to my house, says he, Mrs. Buttler I have been robbed, that d - nd b - h has robbed me of two guineas and some silver; then he called for two pints of porter, then he kept slumbering and sleeping, and he went out and came in again, and he called for a pint of porter; and then for another, and he went to sleep on the table; I raised him up and shook him by the shoulders, and said, my friend you must not sleep here; he said he would, he said he had nothing to be robbed of, he had only two or three shillings, and says he, if I should be robbed of that, I shall not come to you for redress; I offered him a bed, he would not have one; I sent my man Duncan home with him, and he had very bad company with him drinking, there were people that did not mind taking his hat or his coat off.

Did you observe whether the prosecutor's pockets were whole or not when he left you? - I did not, he gave me seven farthings out of his waistcoat pocket, the last he gave me.

Mr. Mac Nally . How long has Duncan lived with you? - These four or five years; I have kept the running horse two years; I have known him thirteen years, a worthy honest hard working man; he is a trusty man; I trust him with my money equally as myself, he always gives me a very just account; I have tried him in several measures.

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

Court to Reeves. Was you ever in this Mrs. Butler's house at any time the day before? - Never before that I know of.

How long did you stay? - I might stay an hour or two.

You are sure you was not there the day before? - Yes; I swear that positively.

PRISONER CRAWFORD'S DEFENCE.

They took my own purse from me; when I sat down in this place, the man was asleep; I believe I just tapped him twice on the thigh to get up, he got up, and the bottom of his pocket was loose, and he threw it on the ground; I took out my silk purse that is in custody, and there is a cut in the bottom of the purse, and the money dropped out of my purse into my hand; says I, now this money will be taken from me, and I shall be robbed; I took up one guinea and the silver, and I whipped it into my pocket; the two guineas dropped, and my purse dropped, and they took the purse and the money; I said I had another guinea and some half-pence about me; ask the beadle whether I did not mention these words; accordingly he took it out of the lining of the coat immediately.

JOHN CRAWFORD , GUILTY, Death .

He was humbly recommended to mercy by the Jury.

MARTIN DUNCAN , NOT GUILTY .

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

Court. Let it be known to the Westminster justices what a very bad house this woman keeps.

Court to Mrs. Butler. You appear in a very bad light here? - It is not the walls of a house that makes it bad, it had been a bad house before I took it.

Reference Number: t17860719-38

598. GEORGE WATSON , otherwise TOWNES, otherwise TOWNSEND , was indicted for feloniously stealing, on the 14th day of April last, one silver watch, value 3 l. the property of Michael Taylor , in his dwelling house .

(The witnesses examined apart.)

MICHAEL TAYLOR sworn.

On Good Friday, the 14th of April, a little after eleven, the prisoner and another person came to my house to look at a lodging I had to let, a first floor; we went up stairs, and I shewed it them; we went into the front kitchen; they saw that, and approved of it; then the prisoner wished to see a wine cellar, which I took them to, and they approved of that; afterwards he asked me if there was a copper; I took him into a back kitchen, which he approved of, and he then said, pray Sir, begging your pardon, I believe you come from Newcastle upon-Tyne, I told him I did; he said he come from Long-Benton; afterwards we went up stairs, and I took him into my study, and we all three sat down, and had a little more conversation about the country, then he said he wanted the lodging for a Mr. Ridley, a relation of Sir Matthew White Ridley, a gentleman who lives near Newcastle town; and, says he, he keeps a stock of good wine, he has wine twelve years old, and says he, you will often crack a bottle with him, he is a hearty generous fellow; and he said he should often come and visit him, and he said I shall bring him to-morrow about this time, when he said that, I looked up to my watch, which was at the side of the chimneypiece, to see what o'clock it was, and it wanted a quarter to twelve; he said Mr. Ridley will want the use of your front parlour an hour or two in the day, and he said let you and me step and look at it, and we went and looked at it, and left the other man in the room, we did not stay a minute, and as we were returning, his friend was coming out, and the prisoner said to his friend, I think we should go, and the other said yes, we will go and call to-morrow, so we went to the street door, and he held out his hand to shake hands with me; I live No. 4, Bentick-street, Soho; I came in immediately, and went into my study, and sat down, and just looking up to see what it was o'clock, there was no watch, the watch was gone, I was quite surprised, I felt in my pocket, and I immediately recollected

"God that scoundrel has got my watch," then I put my hat on, and went into the street in search of these fellows, but I could not

find them; I never got my watch again; I immediately went down to Bow-street and gave information of the persons, and advertised it with a guinea and a half reward; on Thursday, July the 13th, I saw the prisoner,; I am sure it is the very same man; there was nothing found upon him of mine; on Thursday afternoon about six o'clock I was going down to Grea Russel-street, I met the prisoner and another person near the Museum, I passed them, and just as I passed them,

"Good God, says I, that is on of the villains that stole my watch," I followed them, and looked him full in the face, and I said, How do you do Sir? he made no answer, but looked at me; Well, says I, you never called to see my lodgings again according to your promise; says he, your lodgings, your lodging! Sir; yes, Sir, says I, my lodging; pray Sir, says he, where do you live? says I in Bentick-street, Berwick-street, Soho; Bentick-street, Berwick-street, Soho! says he; and after a little while, says he, oh, now I recollect, now I recollect; says I, what was the reason you did not call? says he I acquainted my friend about it, and he did not think it would suit him, so I did not think it of any matter to call; says I, do you know that the person that was with you took my watch? your watch! your watch! Sir, says he, I will take my oath of it, where is he, oh, he knew very well, says he, I will tell you what, friend, if you will call upon me to-morrow morning, I will give you a direction where you may call; so he gave me a direction, I told him I insisted on having him before a magistrate immediately; says he, mind what you say, Sir, says he, I am a gentleman, and I am a house-keeper below the Museum; well, says I, I am going to Bloomsbury-square, and will walk with you, and take your adress, I proposed to go to a public house, he agreed to that, and we went into a house, and they went into a back room, and rung the bell, and called the landlord, he ordered three-pennyworth of crank, and smiled, and seemed quite good natured, thinking to come over me, but I insisted on having him before a magistrate; by and by he opened the door and went into the passage, I followed him, he turned to the window at the bar, that opens into the passage, and paid for his crank, he then turned and saw me, I followed him, and he went into the back parlour and sell for the lock, then he came up to me and said, what do you mean by this you scoundrel, why do you follow me; I was in great danger, I called in the landlord, and desired him to send for a constable; he refused, and he said he knew the gentleman, he believed he lived somewhere near the Museum; I desired he would send for a constable; by and by the prisoner opened the door and run out, and run away, I followed, and the friend that was with him caught hold of my arm, I gave myself a throw, and gave the other a blow on the breast, I ran after the prisoner, and called stop thief, and in St. Giles's somebody took him, at last I got him down to Bow-street with great difficulty.

Prisoner. The time that he says he lost his watch, I was not in London that day.

Prosecutor. I am sure it was Good Friday, and besides, he acknowledged before the Justice, that he was at my house.

MARGARET HOLMES sworn.

This is one of the men that I opened the door to, who came after the lodgings of Mr. Taylor; it was on a Good Friday; I told Mr. Taylor, he was below stairs, they came down stairs to see the places there; I am quite sure this is one of the men.

Prisoner. This lady came into the office, and looked all round twice, and she said there was no person there that she had any knowledge of, after she came into the inner office, and I was called up, this gentleman said, says he, you must swear to him, that is the man; Mr. Blacketer remembers that.

Mrs. Holmes. I went in, and I did not see him at first.

DAVID MUCE swore.

The prosecutor desired me to lay hold of the prisoner, I took him to Litchfield-street.

PRISONER's DEFENCE.

At the time that he swore to what he has lost, I was not then in London, that was the 14th of April, I think, he swore to his watch being lost, I was at Hoxton; I work for a gentleman, at Islington, I have witnesses to prove that, I had my master here all this week, which is Mr. Johnson a joiner at Islington, but every Tuesday and Saturday he is obliged to go to Windsor about a building.

(The prisoner's witnesses examined separate.)

JAMES HOWSON sworn.

I live in Holliday-yard, Creed-lane, I am a labourer in the India warehouses, I know nothing more of the prisoner than this last Good Friday being a holiday, I was going to Hoxton; I believe it was between nine and ten in the morning.

Do you mean Hodsdon in Herts? - No, Hoxton in Shoreditch, and I met with Mr. Watson just by the turnpike, the London apprentice, I said to him I am going down to Charles Farmer 's, I believe you do not know him; says he, I will go with you, we went there, and there we stopped till night seven in the evening, before we parted, from that time we went to the Rum Puncheon in Hoxton town, the man's name is Farmer who keeps it, he is an acquaintance of mine, we staid till near seven in the evening; I have been acquainted with the prisoner pretty nigh a twelvemonth; I met with him with some cabinet-makers the first that ever I knew of him.

Have you been well acquainted with him? - No, my lord, not particularly.

Do you know what he is? - He is a cabinet-maker I believe, for he used to be always among the cabinet-makers.

Have you been well acquainted with his history? - No, my Lord, I have known him about a twelve-month.

Who was in company with you all this day at the Rum Puncheon? - There were several gardeners, but I do not recollect their names; the landlord I believe was not at home; I do not recollect any body that was in company, we drank together, and we staid together, and smoked our pipes in the afternoon, and we came away together, we came as far as Goswel-street I believe before we parted; there were several people in and out; there were only he and I in company there together.

NATHANIEL TIBBS sworn.

Do you know any thing about the prisoner last Good Friday? - No, my Lord, I only know him by working with him for the same master; I think I have worked with him since the 1st of February; I never knew any thing but an honest and a sober man as far as I knew.

You do not know where he was before that time? - No, I did not know him before; Good Friday is a holiday, and we did not work.

Court to Prosecutor. What is the value of your watch? - Three pounds at a low valuation.

GUILTY. Of stealing to the value of 39 s.

Tried by the second Middlesex Jury before Mr. RECORDER.

599. The said prisoner, by the name of GEORGE TOWNSEND was again indicted for returning from transportation, and being found at large on the 13th day of July , without lawful cause .

(The record of his conviction read.)

WILLIAM BLACKETER sworn.

I found the prisoner at large.

JOHN OWEN sworn.

In December session, 1781, the prisoner was convicted here of stealing a mare; in the September following, he received his Majesty's mercy, on condition of being transported for seven years.

PRISONER's DEFENCE.

I failed from the river Thames; the ship was taken away by the prisoners, and run into Dungenness; we were all ordered to go on shore, me and four or five more remained in the hold; I went over with the ship; she had a very bad passage; we were taken into a port in Maryland; the evening after we came in we were froze; the captain asked me, if I wished to be an indented servant, he said, he would write out our indentures, and the people would come on board and purchase us; he begged us to tell nobody, as there were about forty that were disposed of to the town of Baltimore; and some of them made a noise, calling them thieves; the inhabitants then began to find it out that they were convicts, they would not admit any to come on shore, nor go to purchase them; the inhabitants then discharged those that they had, and sent them into the woods; I was five weeks on board myself, when they found the vessel was obliged to go to another place, a merchant came on board, and took me to his own house; he asked ninety guineas for me, for three years, and the people thought it was too much; I was a fortnight at his own house, he got me a master who was a quaker, five miles from thence; after he found I was a convict he would not let me stay, he took me down to the place called the Notletts, and put me on board a ship, and he gave twelve dollars for my passage home; I told the captain I should be very happy to stay, he gave me leave to quit the ship, says he, do not let me see you leave it: I travelled night and day for three days, for fear I should meet with somebody to interrupt me and take me, I went to Petersburgh in Virginia, I got work there, this gentleman who purchased me, he was acquainted with this person that I worked for, whose name is Taylor; they happened to be coming through the country, they called there and saw me; the moment he had done so, he insisted on my going with him, that I was his servant; he said, he would send me home; he took me from Petersburgh, and put me on board a collier, and sent me home; I was obliged to come home; I brought some letters for a merchant.

Court. They did not force you on board? - He said, I was his servant, as he had indented me for sixty guineas; my master put me on board the vessel first, but the captain gave me liberty to leave it; I was exceedingly well satisfied; my master when he called at Petersburgh he brought me and put me on board a vessel, a collier which came from Leeds, at least she went from there to Leeds, and he agreed with the captain to bring me over, the captain of the ship brought me over, when he found I was a convict, he would not let me be about his house.

Have you any body to prove the truth of all this? - No, my Lord.

GUILTY , Death .

Court to Prisoner. Prisoner, having once received his Majesty's mercy, and having not only abused it by breaking the condition of that pardon and returning, but also having committed another felony since your pardon, I think it right to tell you, that under these circumstances you will do well to entertain but very little hopes of having the King's mercy a second time.

Tried by the second Middlesex Jury before Mr. RECORDER

Reference Number: t17860719-39

600. HUGH GAHAGAN was indicted for feloniously stealing, on the 12th day of June last, one gold breast pin, value 20 s. the property of John Malone .

JOHN MALONE sworn.

I am a taylor ; I live in Great-Bell-alley, Coleman-street; the prisoner took from me a gold breast buckle, called a pin; on the 12th of June, I called on a father-in-law of mine, in Little Suffolk-street in the Hay-market, and when I had done my business there, I called at a public house adjoining to this house, and this buckle I had in my shirt; and between my father-in-law and me some aggravation took place, and the tongue of the buckle broke, and

it dropped on the floor in my father-in-law's house; his name is Parker John ; a gentleman who is an intimate of his in the bottom part of his house picked up the pin and returned it to me, and for so doing I invited the same gentleman to go into the next door to the public house, and I should treat him with part of a pot of beer which he did, we went to the public house, and we talked concerning the falling out between my father-in-law and me; and the prisoner was sitting in the box where we were; I never saw the prisoner before to my knowledge; the prisoner heard me relate the cause of our falling out, and seeing the buckle in my hand with the tongue of it broken out, and by the conversation that passed between the other man and me, he understood that I came from some part of Ireland, and he asked me what part, I told him; then he asked me if I knew any body there, I said, yes; and he told me he came from that same part of the country, then we joined conversation, and I asked him to drink with me, being a countryman; we had two pots of beer and I paid for them, and the gentleman who returned me the pin, and an acquaintance of his we walked together through Great Suffolk-street, and the prisoner and two others followed us; then the prisoner said, one of the two men wanted to pick my pocket, and he stooped down and picked up a bit of paper which he presented to me.

Was you drunk or sober? - Not at all drunk; I answered the prisoner, I had no papers of consequence in my pocket, only such as the world may say, might see were kept for necessary uses, and I thought it was impossible to pick my pocket to rob me because my pockets were inside; I did not know but the prisoner's intentions were well towards me, and I thought the other men being strangers might want to pick my pocket; the prisoner and me went on, he asked me where I was going, I said, to the city, he said, he was going to Whitecross-street, says I, let us go to the Coach and Horses which is a genteel house, and I will treat you with part of a pot of beer, and we shall be company for one another; we accordingly went there, and called for a pot of beer, the waiter brought it, I drank to him, and likewise he drank to me, and the prisoner says, upon my word, Sir, it is a pity that buckle of yours should be lost, it is very pretty, let me look at it; so to satisfy his curiosity I gave it into his hand to look at, and he put it into his pocket; Sir, says I, I shall be obliged to you; for the buckle again; the answer he made me was, you d - nd rascal, you gave me no buckle; why, says I, my friend you are a stranger to me.

Was not you the worse for liquor? - I did drink, but I was not drunk.

But you was somewhat affected with drinking? - I cannot say, but a man that does drink may be a little affected with drinking; I cannot say that I was drunk, I was sensible of what I was about; the prisoner took an opportunity of concealing it while I had the pot in my hand, I told the prisoner not to make a noise in the house, and to return it again without any more to do; then he says to me, the devil's cure to you, why did you give it me? that was his repetition; when I found the prisoner's intention I called the waiter, and desired him to call a watchman, for the prisoner wanted either to rob or swindle me out of a gold breast buckle; the waiter called the watchman, and we took the prisoner as far as St. Martin's watch-house; when he was brought there, he entirely denied having it, the constable of the night stopped him he could not find it on him; my being in the tayloring line, I says to the constable if there is a private place in any of his garments, I think I can find it, for I think it is impossible for him to convey it away; his coat lay on the form, and I asked the constable of the night's permission if I might take the liberty of searching, the constable he gave me leave so to do, I took it and felt his coat, and it was a faced coat, and in his breast there was a bit of a private pocket, and I may say, I just put two

or three of my singers in, and there lay the breast buckle; I says to the constable, if you will but take this out, I fancy it must be it; the constable of the night took it out, and he has it to produce.

THOMAS NICHOLLS sworn.

I was constable of the night; I took charge of the prisoner, he was very unruly coming along, he cursed and swore very hard; I thought he would have struck me; the prosecutor charged him with robbing him of a breast pin; I searched him and found this pin in a private pocket.

(The pin deposed to by the prosecutor.)

It was done for a deceased wife of mine.

Prisoner. I suppose Malone put it into my private pocket.

Jury to constable. Was it a private pocket, or a rent in the coat? - It was a private pocket.

GUILTY, 10 d.

Transported for seven years .

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

Reference Number: t17860719-40

601. WILLIAM MATHEWS was indicted for feloniously stealing, on the 3d day of June last, one hundred and eighty copper halfpence, value 7 s. 6 d. the property of Anthony Wyatt .

ANTHONY WYATT sworn.

On the 3d day of June I sent Edward King out with a basket of candles, and on these candles and the basket, I put fifteen shillings worth of halfpence; part of the package is in the handkerchief now.

EDWARD KING sworn.

How old are you? - Going on fourteen.

Do you know the nature of an oath? - Yes, Sir.

What will be the consequence if you swear falsly? - I shall go to hell.

Do you know you shall be punished too for perjury by the law? - Yes. My master sent me out about five in the afternoon, and I saw the halfpence put in the basket; I was to carry them to Wild-street, Lincoln-inn-fields; I was going along, and I got into Broker's-row, and the prisoner and another man were sitting in two chairs; I was tired, and I asked the prisoner and the other man to help me down with the basket which they did, and they were saying, what a heavy load it was for me, that my master ought to be ashamed, there was above an hundred weight; and they asked Mr. Child to feel if it was not very heavy, and he said, it was not above two quarters, it was not too much for me; says one of the men, where do you live? I said, just by Tottenham-court-road, and the prisoner said, he lived next door to my master, and it was a very great load, and they came down behind me and before, and they followed me down some street, and they wanted me to go to some court and pitch my basket, I said, no, I am almost at the place; then somebody called after me stop, I put down my basket, and I found seven shillings and sixpence in half-pence were gone, and the man that run away he chucked down one of the bundles of halfpence at me; that was in Wild-street I heard the cry of stop thief; the other man had got the halfpence.

Mr. Knowlys, prisoner's counsel. What was the reason that the prisoner did not run away? - He walked straight along.

Did not he reel? - No, I did not see him in liquor; I went before the magistrate, and a watch was found upon him.

GEORGE CHILD sworn.

The prisoner and another man which he was in company with sat at my door, the boy came past, and they both attempted to take some halfpence out of his basket, but I did not see them take any.

How did they attempt? - By reaching over his head; I did not see the prisoner take any at all; I saw him reach over the basket several times; when the other man flung down the halfpence, I secured the prisoner; the other man had all the half-pence that were in the basket.

Did you attend before the magistrate? - Yes.

This man was rather abusive to you? - Yes, I had desired him to go about his business.

Was this man terrible drunk at the time? - He might be a little in liquor , but I could not perceive much of it; he did not make any motion to run away.

Have not you at any time said this, that if the man had not been extremely abusive to you, you would never have thought of carrying him before a magistrate? - I have not; I said before the magistrate, that both the men attempted the basket.

Was not the prisoner bailed? - Yes, at the second examination, by consent of Mr. Wyatt.

PRISONER's DEFENCE.

I have nothing more to say, than that I was coming down Castle-street, and sat down at a public house door, as I thought it was, who I had with me I do not know, nor who talked with me; and after I had walked some way, they halloed out stop him; I will not say that I did not give him abusive language; I was carried before a magistrate.

JAMES HULL sworn.

I am a sawyer; I live at No. 12, Peter-street; I was in company with the prisoner in Bridewell-lane, at one Mr. Smith's, he keeps a public house; there I continued with him from about a quarter after one, till pretty near half past three; he was in liquor when he came, and more so when he parted, because we had eight or nine pots together; it is a rule when for us to drink when we meet, he was drunk, and when I left him, I took him to another house, and gave him part of a quartern of gin, there he was learning over a post, I really thought he would not be able to get home, had not it been Saturday, I would have thought it my duty as a friend to see him safe home; I have worked with him two years for the same master; I have known him ten years, I never know any other character of him than a hard working honest man, and in our trade as sober a man as any in the trade; he has never been an idle man.

On a holiday he happened to get tipsy? - Certainly Sir, it is a rule with us to treat one another.

FRANCIS UMPAGE sworn.

Mr. Child brought the prisoner to Bow-street; I took him in custody; he was so much in liquor that I persuaded him to drink no more; I searched him and found nothing about him but a watch without a case, and a duplicate for half a crown on the case; I was not present when he was taken: he was admitted to bail at Bow-street.

THOMAS OLDFIELD sworn.

How long have you known the young man at the bar? - He has worked for me four years.

What is his character? - He always appeared to us a very honest man.

Has he been an industrious man? - As much as the general run of the sawyers are.

As much as his companions are? - Full as much, the business of a sawyer is very laborious; they most of them drink a great deal, they cannot support themselves rightly without it, I believe they make a practice of getting drunk.

If he were acquitted on this charge have you such an opinion of him as to take him again? - I have kept him all along, and shall do so if he is acquitted.

- PARKER sworn.

He worked with me and my partner, he is an honest industrious man, as most of the sawyers are, I believe him to be an honest man, I have proved him as such several times, I have taken an account of his work, and in summing up the work we make use of a many figures; I found him a very honest man, I would sooner employ him than any man in the trade.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860719-41

602. SARAH ALLEN was indicted for feloniously stealing, on the 19th day of June last, a cloth great coat, value 6 s. a velveret waistcoat, value 12 d. a dimity ditto, value 12 d. a pair of velveret breeches, value 5 s. and a cloth cloak, value 5 s. the property of Joseph Vallance .

(The witnesses examined separate.)

JOSEPH VALLANCE sworn.

I lost the things mentioned in the indictment the 19th of June; a little after six, and I met my woman; we both went home together, and the first thing we saw on our return was the prisoner coming out of the door of our house; she lodged in the same house; the moment she saw us she turned in her head; I ran and unlocked the door, and I missed one coat, two waistcoats, one pair of breeches, one cloak, one handkerchief and one pair of stone knee-buckles set in silver, they may be worth four or five shillings; I asked my woman what became of the things.

What your wife? - Yes, my lord, and I was going up stairs, and I saw the prisoner sitting on the stairs with something in her lap; I asked her what it was, she said, they are your things; I said, so I suspected; she said, it is so, and what of that; I took the things out of her lap down stairs, and put them in the room again; I made her go up stairs till I searched the things, then I missed the pair of buckles, and the handkerchief; she would not acknowledge the things, so I went for an officer, and kept her in custody; and I went to her to Newgate on Monday evening, and she told the she have the buckles into a horse pond where the horses drink; I went there and searched and found one of the buckles on Tuesday evening; I never found the handkerchief, she gave me no account of that; all the rest of my things I have got; they are here. (Deposed to.)

Prisoner. When he came to me at Newgate, he said, it I would not confess he would hang me.

Prosecutor. My Lord, if ever such a word came out of my mouth, I wish to be made a public example of; I would not covet to hang a dog, let alone a Christian.

Margaret Hagan called.

Prosecutor. She is my woman.

Court. Why you called her your wife just now? - My Lord, she is not married to me, but we live together as man and wife, and have done for many years.

PRISONER's DEFENCE.

I lodged in this house; the door was open of the prosecutors, and the drawers, and I took the things up for safety; I saw the landlord coming home, and I put the things in my lap, and delivered them to him, and he said, if I would not confess he would hang me, and if I would but confess, he would make a slaw in the indictment; and I hope, gentleman, as I have nobody but God and myself, that you will have mercy upon me.

GUILTY .

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

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

Reference Number: t17860719-42

603. LUCY BRAND , otherwise WOOD , was indicted for feloniously stealing, on the 7th day of June , one gold ring, value 5 s. three guineas, value 3 l. 3 s. two pieces of base metal, value 2 d. the property of Francis Stearnes .

FRANCIS STEARNES sworn.

I cannot speak to the prisoner, one person may be very much like another; I was robbed of one guinea in gold which I thought was weight, and two light guineas, and one gold ring, and two base metal shillings; I am very clear the prisoner took it out of my pocket.

Is that the woman that robbed you of your property? - Yes, it is, I know her now I come to look at her again.

Then you do swear to her? - Yes; it was down in Mill yard, Rosemary lane; I had been at a society to the Seven Stars in Whitechapel, which I belong to, and was coming away about twelve, and in about twenty yards of the house I came

from I happened to see the prisoner, and she appeared to be very much intosticated in liquor; I said I suppose you have been holiday making, she said yes, she said she lived in Rosemary-lane; I said I will go along with you; she took hold of my arm; we went down into Rosemary-lane; she asked a watchman for Mill-yard, and offered him twopence to shew her home; he went with her; I wanted to depart, she said, no, go and see me home; she gave the watchman three halfpence, and he went away; I wanted to come away then, but she said no, come in for a minute, so I went into the passage, and as soon as I got into the passage she took and flounced the door, but whether it locked or not I cannot say, she instantly caught me round the waist with one hand, and put the other hand into my pocket, I caught hold of her hand, and said I would not be robbed, the watchman hearing me say so, came in and asked me what that woman had robbed me of, I told him of one guinea which I thought was weight, and two light guineas, and two base metal shillings, and a gold ring, that was what she took from me.

Did the watchman find them upon he? - He did.

The WATCHMAN sworn.

I went to the door of this woman's house, I heard a noise, I will call the watch, I went up and stood right opposite the door, which was wide open, I heard the prosecutor say, he would not be robbed, I went in, he told me he had hold of the prisoner's hand, with that I says to her, Madam if you please to let me see what you have got there? says she, I will not; says I, I insist upon it; I laid hold of her hand; when she found I was resolute, she said hold your hand, she threw the money into my right hand, it fell down, I immediately searched for it, and picked up three guineas, one guinea was George the Third, which seemed to be very good, two of them were George the Second, which looked very dull, there were two brass shillings, and a gold ring; another watchman came to my assistance, there was another party along with her.

PRISONER's DEFENCE.

As I was going down Red-Lion-street, the prosecutor followed me, he was very much in liquor, I had been drinking myself; I told him where I lived, and asked him to go and see me home; he wanted to lay me down in the passage, and I would not, I said to him, if you will go up stairs with me I will do any thing that decency will allow of; and in pulling me about the money sell out of his pocket.

GUILTY .

Transported for seven years .

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

Reference Number: t17860719-43

604. ALEXANDER BELL and JOHN STRONG were indicted for burglariously and feloniously breaking and entering the dwelling-house of John Harrison , about the hour of two in the night, on the 15th of July , and burglariously stealing therein two silver tankards, value 10 l. a silver pint mug, value 3 l. two silver salt-cellars, value 1 l. 1 s. two silver table spoons, value 20 s. a milk pot, value 10 s. four silver tea spoons, value 4 s. a silver watch, value 30 s. a foreign piece of coin, called a six dollar, value 4 s. 6 d. one crown piece, value 5 s. two half crown pieces, value 5 s. one piece of foreign silver coin, called a half dollar, value 2 s. 3 d. a linen napkin, value 1 s. a cotton work bag, value 2 d. two cotton handkerchiefs, value 5 s. the property of the said John Harrison .

(The case opened by Mr. Garrow.)

(The witnesses examined apart at the desire of the prisoners.

JOHN HARRISON sworn.

I keep the Kings and Keys , in Fleet-street ; I know the prisoners, they came to my house about four o'clock in the afternoon of last Saturday, and had six or seven pints of ale; my dog was taken very ill between eleven and twelve in the evening of that day; I cut off part of his tail,

he was a black and white spaniel, he had been in the house above seven years, he was very well when these two men came in, the prisoners were there at that time, they had continued there from four o'clock, I took the dog to a back parlour, and the company and Strong followed me, says Strong it is of no use to cut his ears off, which some of the company advised me to do, for he was dying; I went to bed about one in the morning, and left the prisoners there when I went to bed.

Prisoner Bell. Do not you recollect sitting in the bar, and my wishing you a very good night when I went out? - I believe he was not gone, to the best of my knowledge, I was sober.

Prisoner Strong. Do not you remember my wishing you a good night at one, while you was lolling your head on the bar? - No; I have often seen the prisoners both in the week before the robbery, and several times before for two or three months.

Mrs. HARRISON sworn.

I am wife of Mr. Harrison, I saw the two prisoners in the evening of last Saturday, they came to our house about six in the evening, to the best of my remembrance, I cannot be quite sure, I went to bed between twelve and one.

Did they continue there till Mr. Harrison went to bed? - I do not rightly remember whether they did or not, I remember letting Bell out before Mr. Harrison went to bed; I do not recollect either letting Strong out or seeing him go out; I saw Strong last in the house, between ten and eleven, that was about the time that the dog was dying, I did not much mind about the dog, I am quite sure to the fastening the bar.

Is that petitioned off from the tap room? - As it opens into the tap room, there is open work, that goes down of a night; I locked the door of the bar, and all the doors in it, my brother was the last up.

Was there any thing not in the bar when you went to bed, that was there in the morning? - In the morning I found in the bar a red garter that had not been there the night before; I missed two quart silver tankards, and one silver pint, two silver salts, two silver table spoons, four silver tea spoons, one silver watch; it was in the drawer locked up, where the salts and table spoons were, there was some silver coin of King William and Queen Mary; I do not know what it was; there was a guinea of King William and Queen Mary.

What time did you go into the taproom in the morning? - I got up about about half after seven; I lost a work-bag, containing a new shirt, almost finished, and two pocket handkerchiefs that have since been found, there were several pieces of cotton; I have the garter, and have had it ever since; I have seen the prisoners several times at my house, nobody has any access to the bar except people belonging to the house; they were all in the bar, I saw them. I observed this man at my house that night; I have seen the prisoners several times at my house before, but never saw them in the bar.

SAMUEL HARRISON sworn.

I am the prosecutor's servant, I came home about half after nine o'clock; I saw the prisoners between nine and ten, just after I came home, I remember the dog being ill, I saw the prisoners at that time about; the dog was very well when I went out in the morning, and I wished the prosecutor to try a remedy for the dog, the prisoner laughed and said there was no occasion to take it, for the dog was dying; I took care to fasten the street door with a bar that goes across, it was perfectly safe to my knowledge, I went to bed about half after twelve; I do not know when they went away, I was not the last up; when I got up I found the parlour door open, the boy called me immediately, and I found the bar door open; there were no marks upon it, all the small drawers which are in the bar were open.

Do you know any thing more of your own knowledge? - No.

Mr. Mac Nally . Are there not several

families in the house that have access to the bar? - I did not see any body when I was there.

You cannot say that that garter was not dropped by any body else? - No.

Mr. Garrow. Why he does not examine the women's garters.

Mr. Mac Nally . Had you any suspicion of the prisoners when they laughed? - No.

Did no other person in the room laugh at that time? - Not that I observed; in the morning I observed a small piece of a thick candle, which I take upon me to say, my brother never burned such in that house; it was found under the bench, where the prisoners sat.

Mr. Garrow. Now whether this is Molly's garter or no, Mrs. Harrison has told you it was not in the bar when she went to bed.

JOHN GIBBS sworn.

I am a pot boy, I remember the Saturday night that the dog was killed, I remember seeing the prisoners there, I saw them there at six o'clock, the latest I saw them was at half after eleven, I did not see them them go, I got up first in the morning, about half past seven, I went to bed after my mistress, and before Mr. Samuel. I found the bar down when I went to open it; it was taken off from the place where it should be, I went to the door, and there I saw a bottle, and a glass stand in the passage, just by the door, I went to take that up, and I saw the bar door open, and the drawers open; I went and told my master, I never touched a thing, I called to my master's brother, Samuel Harrison ; the street door was upon the single lock, the bar that fastens it was down, so that any body could go out; I saw the garter found.

Is this one of your garters? - No, Sir.

CHARLES JEALOUS sworn.

On Sunday morning Mr. Harrison called upon me, and told me his house was broke open; he said he had a card in his pocket, that Strong lived at No. 5, Grub-street, we went there, but he had moved his lodging, we went back, and went into Old-street; I went into a house in Old-street, and I found Strong in the back room where East was, and another person close by the bed side; I believe it was between nine and ten on the Sunday morning, the morning of the robbery; I says to him your name is Strong, he said no it is not, I repeated it is Strong; East says to me you are all right, it is all safe; this was by way of hint; I knew what he meant by that immediately, I immediately sent for some of our people, as soon as they came I found East up stairs, East gave me this money out of his pocket, in the house where Strong was.

Court. That is no evidence against Strong.

Jealous. I told East I should send him to New Prison; Bell was not there, Macmanus found him; East immediately said when he was taken up to Bow-street, if he could be admitted an evidence, he would take care the plate should be all forth coming; I then took Strong up to Covent-Garden watch-house; I had heard from the prosecutor there was a garter left in the house, I desired Strong to unbutton his breeches, which he did, and I immediately took this garter from one leg and this string from the other; I made enquiry where Strong might be supposed to live, I was told at Blue Court, Saffron-Hill, No. 10; I went there and found these things, and two picklock keys, street door keys, and a common file, he had this apron before him at the time he was taken on the Sunday morning; I know nothing else that is material.

Who were with you? - Macmanus, Townsend, Shallard, and Carpmeal.

(He produces the plate.)

Mr. Mac Nally . You have known East a long time? - No, I have not.

Did you ever know that he went by the name of Berkley? - I do not.

Mr. Garrow. I object to that, he is asking this witness something respecting somebody else, who is not now a witness, and who for any thing else never may.

Mr. Mac Nally . The witness states that when he came into the house he found Strong and East.

Jealous. I look upon it that the man never was tried in this Court, it is an unfortunate brother that was tried.

Prisoner Strong. Was not that brother in the room? - No; Bob Pearson was in the room.

PATRICK MACMANUS sworn.

I assisted in the apprehension of both these prisoners; it was last Sunday morning; I took Strong at a house in Old-street road, I was with Jealo us; we had been Grub-street, and had information that he lived about Saffron-hill quaater, but we thought to call at this house in our road, and Jealous got out of the coach, and left us three in, presently a boy came and beckoned us, and there we found the prisoner Strong, East was there, and some other persons, some boys that I did not take much notice of, that I suppose are always there, and there were some things found by some of the other people, not by me, and we sent East to New-Prison, and Strong was carried to Covent-Garden round-house, I did not see the garter found; I was told that I should see East at the Adam and Eve in the afternoon, there I found Bell, and took him into custody, and he was very troublesome, he said he would be d - nd if he would be tied or taken, or any thing of the sort; I told him it was for breaking into a house in Fleet-street that you are wanted for.

What did he say to that? - He did not like it, he said something of living in Fleet-street, or working there; I found a little small gimblet about him, nothing like a housebreaker's tool; Shallard and Townsend were with us.

JOHN TOWNSEND sworn.

I assisted in apprehending these people; on Sunday morning last, I in company with Mr. Jealous, and several others of the officers of Bow-street; we suspected Strong, and went out to look after him, and we very luckily met with him at East's house, in Old-street; I went in and saw Jealous there, and Shallard was searching him; I went up to him, and put my hand in his left hand coat pocket, and I pulled out this piece of handkerchiefs; when I was taking them out, says I, where did you get them, oh, says he, you need not mind these, these are good for nothing; I shewed them to the prosecutor, and he said these are them, they are not made yet; they have never been out of this pocket since; I know nothing of apprehending Bell.

THOMAS CARPMEAL sworn.

Here is the plate I had from East last Monday about two o'clock; they have been in my possession ever since; I know nothing of the apprehension of these men.

(The plate deposed to by Mrs. Harrison)

This work bag, I am positive, is mine; I have a piece of a gown out of which I made the work bag; this great silver tankard has John Harrison on it, Three Kings and Key, Fleet-street; this only has I. M. H. I am sure this is my property that was lost; also this pint mug is mine, it is marked; these silver salts are mine; they have no marks upon them; here are four silver tea spoons, there are two of them that I can positively swear to, one is marked S. H. and the other is marked M. H. the other two I do not know so well; now this silver milkpot I am sure is my property, I never could make out the mark, and I cannot tell it now; these two table spoons I believe to be ours, one is marked I. H. D. and the other is marked L. we lost two such; here is a napkin, we lost two such as that, there is a mark upon it, L. T. No. 3. we lost such a one.

Look at these handkerchiefs? - These were in the work bag, they are not cut from each other, here is one which I have brought, I have hemmed and cut it from these two; the shirt is not found.

Look at these coins, and tell me whether you lost coins of that sort? - This one I believe to be our property, we lost one of this sort out of our bar, I have seen the other before in our bar, but I cannot so positively swear to them.

Harrison. The things are all mine; I lost such coins as these, and there was a King William and Queen Mary's guinea which the pawnbroker has.

Samuel Harrison . These are my handkerchiefs, I saw them in the work bag at ten o'clock on Saturday night; I believe the plate to be my brother's.

Carpmeal. Here is a watch.

Harrison. I believe it to be mine; there is a cypher of two Ws upon it; I bought it second hand; it was in the drawer in the bar.

THOMAS EAST sworn.

I live in Old-street; I know both the prisoners at the bar by sight; I remember the day that Jealous and the other officer came to my house, it was last Sunday; Strong was there, he came to know whether every thing was safe that I had of him; I had two tankards, a pair of salts, one milk pot, some silver coin, a watch, and a napkin, marked L. T; I had them of him between seven and eight in the morning; I went and fetched them from Bell's room.

Where was that room? - In Aldersgate-street; they fetched me at half past six to go to Bell's; I asked them what they wanted, and they both told me they had some plate; they both spoke; I went soon afterwards to the house of Bell, in Aldersgate-street, facing Westmorland-buildings; nothing passed in the room till the plate was weighed; Bell took the plate out of a small hand basket, and weighed it; I carried the scales with me, it weighed seventy-five ounces; he took them out by pieces; Strong was present; when I had weighed it, I tied it up in the napkin, and I put it on the bed while I paid them the money; I put the money on the table; they did not share it while I staid; I was to have the plate, and watch, and five pieces of silver coin, and a guinea with a King William and Queen Mary's head on it; I had it from Strong first, and I returned it to Strong and he gave it to Bell, in the room that Bell calls his room; I had never been at that room before; I was to give them twenty pounds for the whole; I gave them nineteen guineas and a shilling, that makes twenty pounds; I carried the plate away with me; nobody went with me; I went to my own house; I saw Strong, he came about half past nine to know whether every thing was safe.

What to know whether it was all put into the crucible? - I suppose so; while he was talking about that, in came Mr. Jealous and asked Alexander where it come from, and he said, from Fleet-street; in the room where I weighed it, I asked him does it come far or near, and he said, it does not come far, it comes from Fleet-street.

It then became necessary to put it in the melting pot sooner? - Yes, a great deal the sooner.

You was taken into custody? - Yes, and sent to New-prison.

How long was it before any body came to you? - Bell came to me in the afternoon of the Sunday; he came to see me, and told me, if I held my tongue nothing could hurt; Bell was taken that night; that work bag was wrapped in the basket, to keep the plate from gingling; it was put in by Bell and Strong; I delivered it to Mr. Carpmeal, they were the same I bought of the prisoner; I gave twenty pounds for it.

Prisoner Bell. I leave it to my counsel.

Prisoner Strong. I leave it to my counsel.

The prisoners called no witnesses.

Court. The testimony of the accomplice is unconfirmed in respect to Bell.

ALEXANDER BELL , NOT GUILTY .

JOHN STRONG , GUILTY, Of stealing, in the dwelling house, but not of the burglary , Death .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17860719-44

605. JOHN LANGFORD was indicted for feloniously stealing, on the 3d day of July , one linen shirt, value 2 s. a cloth waistcoat, value 1 s. a pair of worsted stockings, value 1 s. one scythe, value 5 s. and a linen handkerchief, value 6 d. the property of James Ireland .

JAMES IRELAND sworn.

I am a labourer at Whittendon, in Gloucestershire; I lost the things mentioned in the indictment, at the Red-lion in Stanmore; I came up to make the best of my time to work; I gave the things to the young mistress of the Inn, and bade her take proper care of them; her name is Susannah Wells ; she is not here; I found the things upon the prisoner last Sunday was se'night; he stripped off the handkerchief and waistcoat, and said they were mine, and he would not carry them any further; he did not tell me how he came by them; I never saw the prisoner before I lost the things.

JOHN NEWLAND .

What age are you, my boy? - About fourteen.

Do you know the nature of an oath, what will become of you in the other world if you swear falsely? - I shall go to hell.

JOHN NEWLAND sworn.

Who is your father? - William Newland ; I live at the Red-lion at Stanmore; the prisoner came to me and asked me for the things that were the other man's, and I gave them to him; I gave him a bundle, I cannot tell what was in it, and I gave him a scythe, he said, he was going to hay making, they were both going together, and he told my mistress there was no work for him, and he came for the bundle and the scythe; I saw the prosecutor deliver these things to Susannah Wells .

PRISONER's DEFENCE.

The prosecutor was a countryman of mine; we were at work both together, we had been drinking, and I made more free than I should have done, because he was a countryman of my own; I should not have done so with any body else; I went to get the things to give him.

GUILTY .

To be publickly whipped an hundred yards at Stanmore .

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

Reference Number: t17860719-45

606. HUGH PRICE was indicted for feloniously stealing, on the 15th day of June last, seventy reams of paper, value 50 l. two reams of other paper, value 32 s. two other reams of crown, value 48 s. and forty quires of other paper, value 40 s. the property of Edward Cox :

And WILLIAM COLLINS was indicted for feloniously receiving the same knowing it to be stolen .

RICHARD LIVING sworn.

I am a tallow-chandler in Drury-lane; I bought some paper of Collins, upwards of twenty bundles; I never saw Price before I saw him at Bow-street.

- MAITLAND sworn.

I am a cheesemonger; I only know that I bought a little paper of Collins; I know nothing of the other parties.

Mr. Garrow, counsel for the prisoner Collins. And you knew that Mr. Collins bore an extraordinary character? - Yes.

JOHN UMPAGE sworn.

I only took Price into custody; he said nothing, he made no confession.

EDWARD COX sworn.

A quire of paper was brought to me by a grocer -

Is he here? - No; I examined my warehouse; the prisoner Price confessed at Bow-street; his confession is here.

Was any thing said to him before he went to Bow-street, that it would be the better for him, or that you would be more favourable to him? - I did not say so.

Did you make him any promises? - No. (The confession produced.) I saw the Magistrate and the prisoner sign it; I believe it was explained. (Read.)

"The examination of Hugh Price taken before me Sir Robert Taylor , Knt. who confesses, that he has lived as a weekly servant with Edward Cox aforesaid, for about a year, that within three months, he has stolen a quantity of paper, of the writing and printing sort, that at different times he has sold to William Collins , and his wife, a quantity of paper, at the rate of two pence farthing per pound; that he has also sold different quantities of paper to one Henry Webb , for different sums, amounting to about half a guinea; neither Collins or Webb asked him any questions how he came by the said paper, but desired him to bring them more, and they would buy the same at the said rate."

Prosecutor. I lost a considerable quantity of paper about this time.

Prisoner Price. They swear so strongly against me I can say nothing to it, I must leave it to your Lordship.

Prosecutor. Here is another examination of William Collins ; I saw this signed by Collins, and by Sir Robert Taylor . (Read.)

"The examination of William Collins charged with felony by Edward Cox , taken before Sir Robert Taylor the 16th of June, who acknowledges that he has at different times bought a quantity of paper of a person who is now present, for which he paid two pence farthing a pound, some of which he sold for three pence a pound, and further says, that the paper found in his shop, is part of the said paper."

Court to Jury. The confession made by Price only affects himself, Collins does not confess that he knew it to be stolen; therefore you can only find Price guilty, and you should acquit Collins. There is a determination of the Justices that has been lately made that should be known, that a principal may be admitted as a witness against the accessary, under the late act of parliament.

HUGH PRICE , GUILTY ,

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

WILLIAM COLLINS , NOT GUILTY .

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

Reference Number: t17860719-46

607. SAMUEL JOSEPH was indicted for feloniously stealing, on the 15th of June last, one pair of boy's leather

shoes, value 6 d. a pair of silver shoe buckles, value 6 s. a garter, value 1 d. the property of William Parkinson .

WILLIAM BELLAMY sworn.

I know the prisoner; I heard the cry of stop thief in Redman's-row, the back of Mile-end, Stepney ; I saw two lads go into a pond to swim, and soon after I heard the cry of stop thief; I was in a house getting a pint of beer, at the sign of the Rose and Punch-bowl, in Redman's-row, I saw the prisoner run out of the field from the pond side; I ran after him, and when I came close to him, he threw away a pair of shoes and a little pair of silver buckles which I have in my pocket; I was within four or five yards of him; I picked up the shoes and buckles, and the prisoner was stopped immediately in my sight.

Mr. Scott, prisoner's counsel. Whereabouts was you when this young man first went into the water? - About two hundred yards off; I saw him running from the pond.

WILLIAM PARKINSON .

What age are you? - Twelve.

What will become of you hereafter, if you take a false oath? - I shall go to hell Sir.

Have you been taught your catechism? Yes.

Swear him.

WILLIAM PARKINSON sworn.

I went to this pond to swim; I put my buckles, and shoes, and garters under my clothes.

(The clothes deposed to.)

Prisoner. There were other people running, and I run, and coming to cross Mile-end-road a gentleman stopped me.

The prisoner called two witnesses to his character.

GUILTY .

To be publickly whipped one hundred yards at Stepney .

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

Reference Number: t17860719-47

608. JOSEPH BURDETT and JAMES EVANS were indicted for burglariously and feloniously breaking and entering the dwelling house of Jacob Hearn , about the hour of one in the night, on the 14th of July , with intention his goods and chattels, in the same dwelling house then being, feloniously and burglariously to steal .

JACOB HEARN sworn.

My house was broke open; the cellar and the rest of the house were fast; it was about twelve when I went to bed, and at half past one the flap of the window was found moved out of its place; I found the prisoner Evans laying on the top of the butt; one of the watchmen and myself brought him down, and brought him into the tap-room, and tied his hands; I asked him what he did there, he made no answer; we took him to the compter; I said to Burdett, how came you to do this thing? and he fell a crying.

Were these lads drunk or sober? - Sober, and very decent.

How was the flap of the cellar window fastened? - With a smallish dog.

How was that dog fastened? - I believe it was not much fastened, they might lift it up on the outside.

How were the doors fastened? - Locked and bolted, and all very safe; and we came down stairs and unbolted them; there was but one dog, and that they some how or another got up.

It was but badly fastened? - No, it was not.

Mr. Garrow. Will you describe a little more particularly the nature of this flap, does it project from the street, or is it flat on the pavement? - Flat on the pavement.

Then upon this flap there are two doors I suppose? - No, only one.

Then there is this put which you call a dog on the pavement; is there any communication from the cellar to your dwelling house? - Yes.

How lately before had that been opened to let down any liquor? - Upwards of

three weeks; I have been examined before Sir William Plomer , and the Lord Mayor.

Then do you recollect telling my Lord Mayor that you really could not tell whether the brewer might not have left the door open? - I am sure it was fast, because I took hold of the bar to see, for we had been alarmed the night before.

When you found these lads they were quite clean? - Yes, and very sober; I believe he had the same coat on he has now, and clean and decent; I found no implement of house breaking at all, nothing but a key atop of the cellar stairs; there is a door in the tap-room which we fasten at nights; therefore in order to get at any thing valuable in the house they must break through that door, except going into the cellar; the cellar windows are very shallow, not above four or five feet.

When you saw Burdett, you said, I am astonished you should get into scrapes so near home? - His father keeps a public house close to me.

I may venture to ask this, which is an odd question to ask of a prosecutor, what is his character? - I heard them say he was a very bad boy; an idle boy.

But an honest one? - I never heard much of his honesty; his father said, I am sorry to meet you on this occasion; I shall be very glad to send him abroad.

THOMAS MARTIN sworn.

My partner called me from my stand, and I went down; and the window of Mr. Hearn's door was open; we found Evans first laying on a butt.

Describe how you found him? - He was laying along upon three or four butts; I asked him what he did there; then my partner came down and we took him up stairs.

What account did he give of his being there? - He said he fell into the cellar.

Was he in liquor? - I did not perceive him in liquor at all.

Where did you find the other prisoner? - I found the other prisoner between the butt and the wall in the cellar; when I asked who was there twice, he did not answer; then says I, I will strike you with my staff; I told him, it was him I wanted, and nobody else.

Jury. How did you find the flap of the window? - Over the curb, about six or nine inches, I will not say to an inch or two; finding it in that manner we supposed somebody to be in the cellar.

Court. It was not lifted up quite? - It was not, it did not lay in the grove or rabbit.

DANIEL MOORE sworn.

I am a watchman; I was on my duty between one and two in Coleman-street, and a young woman came to the end of the alley and called out watch, and said, they had thieves in the house, I ran immediately for assistance; we went down into the cellar; Martin was there first, and another man; and we found first one man, and then the other.

PRISONER BURDETT'S DEFENCE.

I leave it to my counsel.

PRISONER EVANS'S DEFENCE.

As I was coming past, this young man had fallen down into the cellar, and he cried out for help, I went down to him, and he asked me to help him up; he was lame, and tr od upon a brick, and he pulled me down, being very much in liquor.

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

JOSEPH BURDETT , JAMES EVANS ,

GUILTY, Death .

They were humbly recommended to mercy by the Jury on account of their youth.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-48

609. WILLIAM MASON was indicted for feloniously stealing, on the 15th of July , one quart pewter pot, value 1 s.

two pint pewter pots, value 1 s. the property of Susannah Weaver .

SUSANNAH WEAVER sworn.

The prisoner came into my parlour with some more, and the prisoner came out, and was leaning over the bar door, and I saw him take a pint pot off the shelf; he appeared to put it into his breeches; I saw the mark of the pot in his breeches when he was in the parlour; he came out and paid me for the beer; I followed him and asked him what he had in his breeches, he said, my handkerchief; I got a constable.

A WITNESS sworn.

I was coming out of Barbican, and the prosecutrix gave me charge of the prisoner; I took him into the parlour, he took the pint pot out of his breeches; I saw him, and took hold of him before he clapped it down; the pots were shewn to the prosecutrix, and delivered up to the constable; he claimed them as his own.

- COUSIN sworn.

I am constable; Mrs. Weaver came down to give me charge of the prisoner, and she told me the prisoner had taken a pint pot; I found in one pocket a pint pot, and in the other a quart pot; the prosecutrix claimed them; I have had them ever since.

(Produced and deposed to.)

PRISONER's DEFENCE.

I am a taylor ; I went to carry a suit of clothes; there was an odd ten-pence; I agreed to spend it; I was very much in liquor; I went into another house with an acquaintance; I went to sleep, and the person went away; I never saw the pots, nor knew where I was, till I found myself the next morning in Wood-street Compter, nor should I have known where I was the next morning till I asked what strange place I was in.

Prosecutrix. I did not see that he was in liquor.

The prisoner called two witnesses to his character.

GUILTY .

Publicly whipped , and confined six months in the house of correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-49

610. WILLIAM READ was indicted for feloniously returning from transportation, and being found at large on the 26th day of June last, without any lawful cause .

HENRY LOGAN sworn.

I was mate of the Censor hulk; the prisoner was delivered on board the 19th of June 1784; he was missed the 27th of March, 1786; I cannot say how he escaped; I am sure he is the same man; I knew him perfectly well.

WILLIAM WHITEWAY sworn.

I found the prisoner at large the 26th of June last, at a public house the bottom of the Minories.

(The certificate of his conviction produced)

Logan. I saw it signed by the clerk of the assize.

(Read.)

Signed

"J. Follet, clerk of the assize within the western circuits; on Tuesday the 2d of March, in the 24th year of his Majesty's reign, John Lewis and William Read , were in due form of law tried and convicted, &c."

Court. Is there any other witness? - No other.

Who prosecutes? - Mr. Duncan Campbell .

How do you prove that this is the same man that was convicted at Winchester? - We have no other witnesses.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-50

611. JOHN BARLOW was indicted for burglariously and feloniously breaking

and entering the dwelling house of Thomas Westron , about the hour of two in the night, on the 9th of July , and feloniously stealing therein three pair of womens stuff slippers, value 9 s. three pair of shoes, value 9 s. twelve pair of mens leather shoes, value 48 s. six pair of small shoes, value 9 s. six pounds of mutton, value 2 s. his property.

THOMAS WESTRON sworn.

About two, on Sunday morning was a week, the 9th of July, I went to bed; I arose just before five; I was the last up in the family; at two in the morning I went into the back yard, and fetched some water to carry up stairs; and all the doors and windows were fast when I went to bed, when I arose the doors were unbolted, and the shop door was open, and the things mentioned in the indictment were gone.

JOHN NEWMAN sworn.

On Sunday night the 10th, or Monday morning, I saw two common girls coming along Barbican; I took them to the watch-house; I found a pair of shoes about the girls; I had heard of this robbery; and at the bottom of the shoes I saw T. W.; when I went to the prisoner he said he gave the girl that pair of shoes at the Red Lion, the corner of Moorfields; he acknowledged so before Justice Blackborough; she said her name was Sarah Saint ; I put them both in prison; he desired to postpone it till the the next day, and then the Justice discharged him and the girl, and the prosecutor took the prisoner up again; I asked the prisoner where he had the shoes, he said he bought them on Saffron-hill at ten at night, and before the Justice the next morning he said he was drunk, and bought them of a Jew on Sunday.

WILLIAM HOWARD sworn.

I apprehended him last Wednesday morning; and when Mr. Westron came up, he said he would beat him with his double fist.

GEORGE LOOSELY sworn.

It happened to be my night to sit up, and the patrol Newman brought two girls into the watch-house on Monday morning; these are the shoes that were found on her; I know nothing more; the girl is not here.

Court. There is no evidence at all that can convict the prisoner, there is nothing against him but that he gave this woman a pair of shoes that he bought.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-51

612. PHEBE TERRANT was indicted for feloniously stealing, on the 24th day of June , two yards of muslin, value 12 s. the property of Edward Nelson , privily in his shop .

EDWARD NELSON sworn.

I live in Cockspur-street ; I am a linen-draper ; I remember the prisoner coming into my shop on Saturday the 24th of June, about eight in the evening; she came to buy a printed cotton gown; after looking at four or five different patterns, she fixed on a piece and had a gown off it; after she determined on that, she wanted a muslin apron; I shewed her the muslin; they were striped muslins; and she looked them over, and she at last fixed upon one piece for an apron; I was very particular in the muslins I laid down; and while her parcel was doing up I looked over them very attentively, and I missed a remnant of fine corded muslin; when the parcel was done up she desired it might be sent to a public house in the neighbourhood, and I would send there in an hour's time, and it should be paid for; I told her to pay for it then; she said she had not the money, but there would be a person there at that hour that would pay for it; she was going off, and I told her I had examined the muslins, and had missed a piece, and was apprehensive she had it; she denied it, and said I might search her if I pleased; I examined her pockets, she shewed me her right hand pocket, there was nothing in it but a handkerchief and two-pence half-penny; I desired she would

shew me her other pocket, she was rather unwilling, but however she shewed it me, and in this pocket there was the muslin concealed; I told her it was mine, she asked if I could swear to it, I told her I could, for the mark was on it; she asked me if there was no other muslin but what was my property; I told her there certainly was, but I could swear to this; then she said it was a sad thing to be guilty of stealing, and a deal of such like stuff as that; and I went to Mr. Hyde the Justice, and he committed her; I did not see her take it, nor did I suspect her; I thought she was a working man's wife with a child; there is my private mark upon it; I have the muslin in my pocket; this is the same I took out of her pocket; (Produced and deposed to.) My shop-man was in the shop, he is here; the mark is 8 yards 5/8; they are my young man's figures; I can swear to them; I am sure of them; the mark was put on when I took stock.

What quantity is there of it? - I believe two yards seven eights; it is worth about seven shillings, that is what it cost me.

WILLIAM MARTIN sworn.

I am shopman to the prosecutor; I remember the prisoner being in our shop but not of her coming in; I was in the shop when she was stopped, she denied having the muslin, I saw her searched, and the muslin taken out of her left hand pocket, I believe it was a remnant of corded muslin, I know the muslin very well, it was marked by myself, there is 8 5/8 at one end of it, and two seven eights on the other; it is my own marking, and I am sure it is my master's muslin, I can swear to it any where.

Did you see her take it? - No, it was in her possession before I came into the shop.

Court to Prosecutor. When had you seen this piece of muslin before you missed it? - I cannot swear to the time, for I saw it almost every day.

Had you seen it that day? - I cannot swear I had, I last saw it in the course of a day or two, I saw it that day when I shewed it her.

PRISONER's DEFENCE.

I know nothing of it.

How did it come into your pocket? - It was my own property, it was in my pocket before ever I came into that gentleman's shop, it was given to me when I came into London to make me an apron, my brother gave it me, I have a cap of the same.

How long before was it? - A fortnight before, my brother is gone to Guernsey.

MARY BEAUMONT sworn.

I know nothing of the muslin; the prisoner lodged in my mother's house about three months, I never saw any harm by her in my life, she went out to work, she has no husband.

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

Privately whipped , and confined to hard labour twelve months in the house of correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-52

613. RICHARD GRACE was indicted for feloniously stealing, on the 24th of June last, one velveret waistcoat, value 12 d. a wooden three feet rule, value 2 s. one sliding pencil, value 12 d. and three shillings in monies numbered, the property of John Parsons , privily from his person .

JOHN PARSONS sworn.

The prisoner accompanied me as far as Kensington from London, on the 24th of June, I was going to Hammersmith, we stopped at the Dun-cow, it was in the evening, to the best of my knowledge I think it was between nine and ten; the prisoner was no acquaintance of mine, I met with him by a young man coming to seek after his father, and I went with the young man, and the prisoner went with us as far as the Dun-cow; I happened to go

to sleep at the door, and when I awaked I found the prisoner gone, and my pockets picked of every thing I had about me; I was not sober when I went to sleep, I had a three feet rule, and five shillings in silver, and a pocket handkerchief, and several other little matters; I had a waistcoat in my pocket, I awaked about two in the morning, I was sitting on the outside of the door, I do not know what time he went away, I immediately went down to the house where I met with him, and the landlord persuaded me to stay, it was a little after eight, the prisoner came in, I took him up upon suspicion, there was an old pocket handkerchief and a sliding pencil, and some direction cards.

Did you know the pencil to be yours? I had it the day before, and it was broke when it was found upon him, I did not know it by any particular mark, I thought it might be mine, the handkerchief was mine, I knew it by its being so very dirty, and two direction cards in my own hand writing, they had been in the coat pocket where the waistcoat was.

What did the prisoner say? - He said he found the things in the necessary-house.

JOHN EDMUNDSON sworn.

(Produces the things.)

Prosecutor. I am clear of the cards, and I believe the handkerchief and the pencil to be mine.

PRISONER's DEFENCE.

The prosecutor came to this house, where they took me with a light-horseman, they had a pint of beer together, and they asked me to drink with them, and I did drink, the young fellow and me went away, and left the prosecutor, they persuaded me to go with them, and going across the park, he was determined to in-list for a light-horseman; we had some liquor, and stood and drank it, I came out of the house before Parsons did believe I fell asleep; I was rather in liquor; I got up about two, and went away, I found the things in the necessary; as for the waistcoat and the rule I never saw, but the handkerchief and the pencil, and the two cards I picked up in the necessary.

Court to Prosecutor. Was you in the necessary that night? - I do not know where the necessary is, I can positively say I never made use of one, since the morning.

Prisoner. If I had committed a robbery upon him, I should have been a great fool to have kept those things in my pocket, and to come back to the house.

GUILTY, 10 d.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-53

614. THOMAS BURGESS was indicted for feloniously stealing, on the 8th of July , three iron locks, value 3 s. and three keys, value 3 s. the property of Messrs. Maganran and Dolan .

JOSEPH GOLDING sworn.

On the 8th of July I lost three locks and three keys, they were the property of the prosecutors, they were lost off the counter; the prosecutors are ironmongers ; about nine in the morning I served a customer with two of these locks, there were five in the paper, I went to breakfast, and returned at ten, when I returned the prisoner was in the shop, I went to the desk, I then observed his hand over this parcel, (produces a parcel) and I believe he saw me notice it, he drew his hand from the parcel, I then began to finish the direction I had began writing, but before I had finished I turned my head again, and he had hold of this parcel with his right hand, he took it, and I saw him put it into his pocket, I went round the counter to him, but before this, after he had put them into his pocket, there was a small hinge, which was intended for a looking glass, he had the hinge in his hand; this was, immediately after I observed him, put into his pocket; I said, my friend, what did you put in your pocket, he said he hoped we would not expose him because he had been

a man of business, and had had losses, and he was very sorry for what he had done; I sent for a constable and took him, there are three locks and three keys in the parcel; the prisoner fell on his knees, and said he was a very distressed man, and begged I would not prosecute him.

PRISONER's DEFENCE.

I went into the shop to buy some hinges, there was nobody in the shop but this gentleman, with the newspaper in his hand, he seemed rather attentive to the paper, it was an exceeding hot day, and there were twenty parcels on the counter, as I came in with two pound of pewter, and another parcel, I put down my parcels on the counter, he undid one paper, and then another, and they did not suit, says I, Sir, I have given you the trouble of opening the papers, I will have a pair of these, the handkerchief laid on a parcel, and I put it in my pocket, he said you have taken a parcel.

Had he any parcel on the counter besides this? - No; my Lord, I am sure I saw him put it into his pocket, he said I am very sorry, I made a mistake.

Did he put his handkerchief on the counter? - He said he did, my Lord.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-54

615. MARY MOORE and ANN HOLLOWAY were indicted for feloniously stealing, on the 16th day of June last, seven yards of thread lace, value 15 s. the property of Joseph Fielder and Thomas Broughton .

THOMAS BROUGHTON sworn.

I was out of the shop when the affair happened; I returned and found the prisoner in custody; it was about six in the afternoon.

SAMUEL MORLEY sworn.

I was called out of the shop by Mr. Fielder, who desired me to take notice, for there were thieves at the window; I followed them down the lane, and brought them back; I did not find any thing upon them; I delivered them into custody; I went back and found the property near the place where they were taken, on a staircase in the Temple; I took them in Temple-lane.

JOHN DRINKWORTH sworn.

I am a baker, I saw these two prisoners standing at Mr. Fielder's and Mr. Broughton's window; they were pulling the lace through the pin-holes of the window; I saw them do it; I am sure of it; I went immediately in to give information of it; and I brought the young man out who is here; I shewed him the two girls; they took the alarm, and walked away; we found them in the temple-lane, I am sure they were the same.

Did you see them go up any stair-case? - No, I did not.

JAMES HOLMES sworn.

I am the officer, this is the lace which was delivered to me by Mr. Fielder, in the presence of Mr. Broughton.

Mr. Broughton. I saw Mr. Morley deliver it into Mr. Fielder's hands, and I saw Mr. Fielder deliver the same to the constable.

Morley. We found it on the first stair case of Temple-lane.

(The lace deposed to.)

PRISONER's DEFENCE.

I went to Temple-lane, and there were three women before me, and two of the women turned into one of the stair-cases, and the gentleman took us.

BOTH GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-55

616. THOMAS PRESTON was indicted for feloniously stealing, on the

29th day of June , one iron grate, value 5 s. the property of John Swaine .

SAMUEL JOHNSON sworn.

On the 29th of June, I was standing at Mr. Swaine's door, and I saw the prisoner take a grate, I told him it was not his property, he had no business with it; I followed him, he called out stop thief, the prosecutor came and charged an officer with him, he never was out of my sight at all, the grate was put into the officer's custody.

FRANCIS POINTER sworn.

This is the grate.

PRISONER's DEFENCE.

A man hired me to carry it.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17860719-56

617. JAMES CARROLL was indicted for feloniously stealing, on the 27th of June last, one pulicat handkerchief, value 1 s. the property of Thomas Leonard .

LEVY STEVENS sworn.

I was coming along the 27th of June, about five, I saw the prisoner looking at the gentleman's pocket, then I saw the prisoner put his hand into his right hand pocket, and take the handkerchief; the gentleman was a servant out of place, his name was Leonard, he said he lived in Villars-street, he did not attend at the examination, the prisoner said nothing; we took hold of him, and the gentleman that lost it took it out of the prisoner's breast before my face.

PRISONER's DEFENCE.

I picked up the handkerchief.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-57

618. BENJAMIN PALMER was indicted for feloniously stealing, one oilstone, value 3 s. and one mahogany square, value 1 s. the property of Robert Clarke .

There being no evidence, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-58

619. JANE FORBES was indicted for feloniously stealing, on the 7th day of June last, one pair of Jean bre eches, value 10 s. a pair of corderoy ditto, value 4 s. two pair of stockings, value 4 s. three coats, value 15 s. a pair of leather boots, value 2 s. six chip hats, value 3 s. two other hats, value 2 s. the property of James Fitzmaurice .

JAMES FITZMAURICE sworn.

I lost the things mentioned in the indictment from my own room, I was at home, this woman followed me into the house, No. 2, in Long-acre, I had been in Rosemary-lane, and in my way home I had called at the Blue-anchor, and this woman and two more followed me into my room, I will take my oath to her, she was the principal person, they knocked me out of my senses, they dragged me through the place down stairs, and when I cried out for mercy, they began in this way, they had seized my throat, and knocked my teeth almost out of my head, they dragged me down to the corner of the alley, a great way from my room, they took every thing I had in my lodging, to the value of 44 s. they did not leave me a halfpenny, then they ran away.

Did you know the prisoner before? - Yes; because I saw her at the Blue-anchor several times.

SARAH ROCH sworn.

I deal in old clothes; and the old man does; and he bought four pair of breeches, and put the things in his bag, and six hats; I went into the Blakeney's-head, and the prisoner had two pair of nankeen breeches in her lap; she run after another woman and made her escape; I saw the strings of the breeches hang out of her apron.

Court to Prosecutor. What are you? - I follow dealing in old clothes, since I was not able to work.

Have you ever been here before in this Court? - Yes.

When, and upon what occasion? - I was upon a false accusation, accused with a hat I never had.

How long ago is that since? - Oh, lord, I cannot tell.

Was it one year or two, or how long? - I do not know.

WILLIAM HALES sworn.

The prisoner and two more came into my house, and called for a half pint of gin at the Blakeney's-head; while they were drinking this liquor, the old gentleman came in himself, and called for a quartern of gin, and change for half a guinea; while he was having his change, he told us he had been robbed, the prisoner was present, then he said it was by her, and one or two more, she said nothing about it, but went out of the house.

Prisoner. I know nothing about it.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-59

620. WILLIAM KNIGHT and SAMUEL NEWTON were indicted for feloniously stealing, on the 9th day of June last, a leather bridle with a plated bit, value 5 s. the property of John Fell , privily in his stable .

JOHN FELL sworn.

I live at the White-horse in Hanover-yard; I lost a bridle on the 9th of June; I was riding with it till past eleven, and I went into the stable at two, and between eleven and two it was offered for sale; I am sure the bridle was mine, it was plated, and entirely new; it was brought to me by John Clarke to know if it was mine; I knew it directly.

Did you ever examine to see if your bridle was missing? - No, I was so satisfied that I knew it; I can very safely swear to it; I know nothing of the prisoners; I saw Newton once before; I never saw him in my stable; the bridle was new, and the bit plated and not new.

JOHN CLARKE sworn.

I am a sadler in Charles-street, Soho; the prisoner Knight came before the other with some plated fronts, on the morning of the 9th of June, and roses and some plated coach bits; he wanted to sell them; I asked him how he came by them; and he said, he lived with a captain that was going abroad, and he gave them to him.

Prisoner Newton. It was me that came with the bridle to that man's shop.

Clarke. Between the hours of one and two on the 9th of June, the prisoner Newton came with a leather bridle and a plated bitt, I asked him how he came by it, he said, honestly, he bought them; I knew the bridle to be Mr. Fell's; I sent one of my men for Mr. Fell, he was not at home; then Newton said, he would go and fetch the man he bought it of; I kept the bridle and let Newton go; I went over to the stable; I saw the bridle two days before, and cut out the stuff for it; the bit was an old bit; I met the two prisoners together, after Mr. Fell sent for me, and I went to Rolly's, a sadler, in Tottenham-court-road, and the prisoners were there offering another bridle to sell; I told the hostler, them were the men that brought the bridle; then they were stopped, the hostler's name is John Brooke .

JOHN BROOKE sworn.

I am hostler to Mr. Fell; I had not missed this bridle; I did not examine particularly, because I should know the bridle from ten thousand; I saw the prisoner Newton on Friday the 9th of June, a little after ten at night, he was by himself, he would ask me to drink part of a pint of beer, and he said, he would call every morning, I refused at first, but we had one pint of beer at the top of the gateway; our stables are in Hanover-street; Hanover-yard, down in the yard a good way; there is only one gateway into the yard.

Could any body have past you at this time when you was drinking the beer with him? - I do not imagine they could; I saw him again at Mr. Rolley's with the other prisoner, and I stopped them both.

GEORGE MEECHAM sworn.

I produce a plated bit and bridle; I apprehended the two prisoners and Mr. Clarke gave it to me at the Dolphin alehouse; and I have had it ever since.

(The bridle deposed to by Mr. Fell.)

Mr. Clarke, is that Mr. Fell's bridle? - Yes.

(Deposed to also by the hostler.)

Prisoner Newton. I do not wish to say any thing; I had the bridle from Knight.

Clarke. He told me he bought the bridle; I afterwards met Knight, and he told me he saw him buy it.

Court. There is not evidence enough to put Knight on his defence.

Court to Fell. Did your stable appear to be broke open? - No; there is no lock on the door; I hung the bridle up in the stable myself.

What may be the lowest value of it? - It is worth about ten shillings.

Would it sell for ten shillings? - Yes.

WILLIAM KNIGHT , NOT GUILTY .

SAMUEL NEWTON , GUILTY, 4 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-60

621. JOHN MORRIS was indicted for feloniously stealing, on the 11th day of June last, three pieces of woollen cloth, value 4 s. the property of Thomas Oxley .

THOMAS OXLEY sworn.

I live in Hampshire hog-yard, fronting the church at St. Giles's; I keep hackney coaches ; the inside lining of my coach had been cut; I had been out with it; I have four coaches and three pair of plates; I went out with my coach on the 10th of June; I did not come home till three in the morning of the 11th; I took off my horses and put them in the stable; I fed them, and just eat a mouthful of bread and cheese; I went to to bed about half after four; the watchman came and said, my coach was cut all to pieces; I got up, my coach stood close to my dwelling house; I went to the watch-house and there was a man the watchman had taken; I went and examined my coach, and it was all cut to pieces; I found three pieces of cloth in the watchman's possession; I compared the piece of cloth with the coach, and it matched; the prisoner is the man that I saw at the watch-house; I said to him how could you be so cruel, I never injured you; and he swore a great oath, and said, if I had taken your coach and horses, you could not have hurt me.

What did you understand by that? - I understood that he thought there was no law for it; when we came to Mr. Walker's, Mr. Fletcher knew me; the prisoner made no defence.

- DANZEL sworn.

I am a watchman where the coaches stand; on Sunday morning the 11th of June, I saw the prisoner at half after three, and just at four, he came out of the Hampshire hog-yard with this cloth, which he was putting under his apron; I saw him put down his apron; I asked him what he had got, and he said a waistcoat, I asked him to let me look at it, he need not be afraid; he would not; I said, I thought it was not a waistcoat, or that he would not have did it; I went to move his apron and some of the wool dropped; I took him to the constable of the night, and I went to the prosecutor's coach-yard, and the coach door was open, and all the wool about the coach; I have kept it ever since; nobody came out of the yard but the prisoner.

(Produced and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I never came out of the yard, two men

went in and they dropped this cloth; the man will swear my life away, I can see that plain enough; when he asked me what I had got, I told him some cloth that would make a waistcoat.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-61

622. RICHARD STOCKER was indicted for feloniously stealing, on the 11th day of June, one stannel waistcoat, value 6 d. a pair of leather breeches, value 4 s. a silk handkerchief, value 1 s. the property of John Ammor ; a cloth coat, value 12 s. a pair of shoes, value 1 s. the property of Henry Hawkins .

JOHN AMMOR sworn.

These things were in the stable; I saw them on Saturday evening; I missed them on Sunday morning; I saw them on Sunday afternoon; they were found, some on the prisoner, there were some at his lodgings; he went and fetched them himself; the silk handkerchief was on the prisoner, likewise the leather breeches.

HENRY HAWKINS sworn.

I lost these things mentioned in the indictment; I saw them again at the public house, and the prisoner was with them, which was on Sunday evening; I swear to the shoes by a nail in the heel.

Ammor. The prisoner produced a cloth coat, and a pair of shoes he had on; I gave the things to Mr. Hawkins; Hawkins claimed the shoes, and I gave the things to the care of the constable, Peter Hardy .

PETER HARDY sworn.

Produces the things which he had at the Justice's; the prisoner being present, which were deposed to by the prosecutor Ammor.

PRISONER's DEFENCE.

I bought the things on the road going to my father's.

GUILTY .

Publickly whipped .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-62

623. MARY MATTHEWS was indicted for feloniously stealing, on the 27th day of June last, twenty-seven pounds weight of pickled pork, value 10 s. the property of Lewis Strifler .

MARTHA STRIFLER sworn.

I keep a pork shop; I lost the pork on the 27th of June; I met the prisoner coming down the one pair of stairs where I live; I thought she did not belong to any of my lodgers; I followed her out of my back door, and asked her, if she had been at my house, and she said, yes; and I asked her, if she knew any of my lodgers, she said, she knew the people in the one pair of stairs; I asked what she had in her apron, she said, nothing belonging to me; she let me look in her apron, and there was twenty-seven pounds of pickled pork; I took it away from her; I knew it was mine, by missing it out of the kitchen; I do not know how much there was before she went into the kitchen; that went all out of one tub; the pork was almost all gone; there were four loins, and a piece in the tub in the morning; I had not been in the kitchen since.

PRISONER's DEFENCE.

I never was in the house in my life; I stepped into the passage to tie my garter up, I had one foot on the stairs and a woman gave it me in an apron; the woman was a slender acquaintance.

Court to Prosecutrix. Have you any lodgers? - Yes, four; she first told me a man gave it her.

Are you very sure of that? - Yes, then

after the officer came, she said in my shop that a woman gave it her.

GUILTY .

To be privately whipped , and discharged.

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-63

624. JOHN LLOYDE , JOHN WHITE , ANN POWELL , and ELIZABETH THOMPSON were indicted for feloniously stealing, on the 13th day of July, a cloth coat, value 2 s. 6 d. a cotton frock, value 18 d. a waistcoat, value 1 s. one pound of tea, value 4 s. a handkerchief, value 1 s. a cap, value 1 s. a clasp knife, value 3 d. forty-eight halfpence, value 2 s. and two shillings , the property of Joseph Ives .

JOSEPH IVES sworn.

I am a labouring man ; I live in West's-gardens, in St. Paul Shadwell , near the Highway; on Thursday the 13th of July, in the morning I lost the things mentioned in the indictment, and I found the clasp knife on the prisoner White who cut us with it in his defence. (Produces the things.) Between four and five in the morning the child cried and disturbed my wife, who was also in bed on the ground room, fronting the street; the shutters were open; my wife called me; I got up and seized a man in the room; he made towards the window; that was the prisoner John Lloyde ; he had a black coat on; I never saw him before; there was light enough to see any body; I am sure Lloyde was the man; when he went out at the window, and he went directly to the wall, he crawled to the wall; I looked out of the window and asked him what business he had there, he turned about and said, Sir, I have done you no harm, and he returned for his shoes that laid under my window, then I got hold of him by the collar, and tore off the collar of his coat; here it is; he made his escape by the collar coming off; then I followed, knowing, that there were a set of people of that sort, that use Cable-street; there was no other person there but the prisoner; the things were all gone, when I got up in the morning, I had not a stitch to put on, not my wife neither; I did not see that Lloyde had any thing about him; he had a great brown surtout coat on.

If he had had any thing under his coat they would have dropped under the window? - I should think so; I did not observe he had any thing about him; I went to the Sun and Sword about half after five, and saw the prisoner Lloyde again with the other prisoner White, and the two women; that is about three quarters of a mile from my house; I knew Lloyde when he passed by, by his dress and face, he had the same great coat on that he had at the house; I got assistance; and Levi and me took him to the watch house, he had nothing of my property about him; then I charged White upon suspicion to Levi, he took him into custody, about two hours after Lloyde was committed, I was present; then White pulled out a pen-knife out of his pocket, he began cutting Levi across the arm with it; he gave me two cuts across the arm with it, then I said several times directly, that is my knife; the knife was not taken from him; then Aaron Levi, the nephew of the other Levi came up to his assistance, and he stabbed him in the back; I saw him, he resisted a great while; I came up myself and he cut me five or six times across my hand; my hand is not well yet; some of the mob cried, cut away, cut away, knock him down; I let him go, he pursued Aaron Levi with a naked knife; he attempted to stab me several times in the body; I caught the knife out of his hand as he was attempting to throw it down a cellar; I said, it was my knife. (Produced, and deposed to by the prosecutor.) It is worn hollow in the middle of the blade, and the horn of the handle is parted with two strips of iron; it was a seaman's knife when I bought it; I am sure it is mine. (Shewn to the Jury, being bloody.) I saw it between ten and eleven at supper, I wiped it and put it into my pocket;

that is the waistcoat I lost; I put it in the box by my bed side; I never saw the waistcoat since.

Have you any reason to suppose from the observation you made, that there was more than one man in your room that night? - No.

Had you slept from half past three, to half past four? - Yes, I was not awake till my child cried; at the time I looked out, I saw no person but the prisoner Lloyde.

SARAH IVES sworn.

I am wife of Joseph Ives ; a little before the watch went half past three I got up and unfastened the shutters, and put out the rush-light as it was day-light; I was more than once or twice up with the child to give her drink and other things; the child cried for its chair; I was between sleep and awake, and I heard a great noise in the room, and I awaked my husband, and I saw Lloyde in the room; I saw no other person; I never saw him before.

Could you see his face? - I saw his head, his short hair, and his brown coat; the things in the indictment were missing, they were my husband's property; the green tea was in the middle pocket of the frock, and the handkerchief was in one of the pockets, the muslin handkerchief and cap was laying on the same box, the clasp knife was in the right hand waistcoat pocket, and the halfpence were in the pocket, and the two shillings.

JOSEPH LEVI sworn.

I am a patrol on Epping-forest; we have been up at London this fortnight; on the 13th I was at the Horse and Leaping-bar door in Whitechapel, I was sent for and went to the Sun and Sword, near Saltpetre-bank, and I took this prisoner White; it was just before six; the prosecutor had hold of the prisoner Lloyde; Lloyde had on a brown coat and white cape; he desired me to take him to the watch house; he said, Lloyde had stolen into his house, and he caught him and tore off the cape of his coat and brought it up with the prisoner to the watch house, and he began to cry very much, and said, I never robbed any body before, but I have been forced to this.

You had some conversation with him? - Yes.

Have not you told him, that it would be better for him to confess? - Not a word of that kind, I am very sure of it; I was not in the watch-house; I went down again, and took Ann Powell ; it was near nine, I did not know her; I took hold of White; I was knocked down, says White, you bloody thief, I will not go with you; I had hold of Powell then; I took hold of White, he put his hand into his right hand waistcoat pocket and took out a knife which was shut, he half opened it, and put it against his knee and opened it quite, says he, I will cut your liver out; and these two cuts he gave me over the arm; I laid on the ground, and the prisoner White, cried out cut away; says the prosecutor that is my knife which he is cutting with; I had much ado to keep Powell with me; he cut me twice; afterwards we went to apprehend Thompson, and there was a padlock on the out-side, as if nobody was at home, but she was in bed with her clothes on; we took them before a magistrate, and White said, on the first examination, he found the knife at the top of New Gravel-lane; I saw White make several cuts at Mr. Ives, after he cut me; he stabbed my nephew first; I saw him cut him in the back; the knife was not sharp pointed; at the magistrate's he said, he was very sorry he had not killed every one of us; I found no property on the prisoner.

AARON LEVI sworn.

I am a butcher; the last witness is my father's brother; I was going to breakfast between eight and nine in the morning; I went with my uncle, and came to the Blue Anchor in Cable-street; we took the prisoner Powel, who went by the name of Ann Price ; we told her she must go with us; we asked her for the key of her lodging;

she said she had the key with her; we went there, but there was nothing found there, or upon her; going along the prosecutor gave charge of White; we went to catch hold of him; we said he must go with us; and while we were talking he out with a knife; as I caught hold of him I saw him begin to cut; he cut Joseph Levi first; he cut him over the sleeve and arm; he cut me through the back, coat, waist-coat and all; I have the shirt in my pocket; (Produced all bloody.) he cut Ives over the hand, the blood ran all down his hands; he let him go; as soon as ever he let him go, White run after me; I run fast, and he cried out stop thief; he run two or three hundred yards; and when we came before the Justice, he said I am sorry I did not kill you; if I had a knife, and could get at you, I would kill you now.

THOMAS CLAXTON sworn.

I am an officer of Whitechapel; after White and Lloyde and Powell were taken, a man came to Whitechapel-office for an officer to take them to the watch-house; I went, and another officer; going along, we went to take this Elizabeth Thomson ; we went to her house, and found it was locked up, and a padlock on the outside door, we got in, and found her in bed, in her clothes; there was nobody there.

Prisoner Lloyde. I have nothing to say.

PRISONER WHITE'S DEFENCE.

I was drinking a pint of beer when they took me; they both had a spite against me; and they beat me till I could not stand; and I was obliged to use that violent way.

Court to Ives. Was there any beating of him before he used this knife? - No.

Court to Aaron Levi . Did you strike him with a stick before he attempted to cut you? - No, he cut my uncle twice before I struck him.

Court to Joseph Levi . Was this man beat or struck before he used this knife? - No.

Court. There is no evidence against the two women.

JOHN LLOYDE , GUILTY .

To be transported for seven years .

WILLIAM WHITE , GUILTY .

Transported to Africa for seven years .

ANN POWELL , ELIZ. THOMSON,

NOT GUILTY .

Court. Prisoners, you have both been charged with a very bad offence, namely that of stealing, and that in the night-time, the property of Joseph Ives ; and under circumstances of particular aggravation. The case of John White is of such sort, that it is necessary to distinguish it by the punishment; and therefore it is that I think it necessary to pass immediate sentence upon both of you; as for John Lloyde it is necessary, and the Court think proper, that he should be transported for seven years to such part as his Majesty, by the advice of his privy counsel, shall think fit to appoint; and as for you John White , you have been guilty of an offence of this sort; aggravated as it was, you have added greatly to that aggravation by attempting to keep yourself from the hands of Justice in the manner you have done; the offence was certainly a very bad one, and when persons attempt to support such conduct by attacking those whose duty it is to bring them to justice, and by attempting the life of those people that come to apprehend them, it is peculiarly necessary they should be made examples of; in this case it is not owing to you, but rather to the hand of Providence, that the lives of these persons were saved; the sentence therefore is, that you be transported for seven years to Africa

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-64

625. WILLIAM WHITE was indicted for feloniously stealing, on the 31st of January last, a silver watch, value 40 s.

and a linen shirt, value 2 s. the property of Daniel Hubbard :

And ROGER WHITE was indicted for feloniously receiving the same goods, knowing them to be stolen , on the 3d of May last.

DANIEL HUBBARD sworn.

On the 31st of January last, I went to bed about half after eleven at night, at my own lodgings, and William White , my fellow apprentice , with me; he slept in the same bed with me; I put my watch into my box, with the rest of my clothes; I unlocked the box, and locked it again; the prisoner persuaded me to put it in there; he said it would be safer; and just as I was going to lock the box, says he, Dan, will you put my breeches in the box? and just as I was going to unlock the box, says he, you have no occasion; in the morning about half after six he awaked me, and he said, Dan the door is open; it was open; I asked him to strike a light, I am almost sure it was latched when I went to bed, but not fastened.

Did he strike a light upon this? - Yes, and after he had struck a light he went down stairs, and when he came up stairs I got up, and when I went to get the watch out of my box, the box was open, and the watch and all my clothes were gone; I believe it had been opened with a key; it was not broke open; the prisoner was in the room; I told him I had lost all my things; he said, have you! as I had lost my things I got a warrant and took the two prisoners up on suspicion of taking the things; we found the watch and a shirt; Roger is the father of the prisoner William; I was present when the watch was found; it was found at one Edward Foster 's, in Oxford-road; a person came and informed us that Roger White had been selling a watch there; she is an acquaintance of Roger White 's wife; she is not here; Foster is an ironmonger, or an appraiser, or something; he keeps a shop in Oxford-road; the man who bought the watch is here, the shirt was pawned at a pawnbroker's in Little Windmill-street, he is here: the prisoner made no confession at all.

Mr. Knowlys, prisoners Counsel. This room is at Mr. Stringer's? - Yes.

He keeps a common lodging-house, does not he? - He lets part of his house out.

How many persons were there that lodged in his house at the time? - Two young fellows lodged in his house at the time, one was married, the one is named Hitchins, and the other Peter Fairy .

Did a man of the name of Wood lodge in the house at that time? - No, Sir; there is one Mr. Williamson, one Mr. Simpson, and Mr. Alderson, five lodgers besides ourselves; the prisoner was a fellow apprentice of mine for a twelvemonth; I am not sure that the room door was latched, but the door below was fast; I lost all my clothes.

When was this young man and his father first taken up? - I cannot say, the Justice discharged the son till we could catch the father.

Have you ever seen Mary White on this occasion? - I believe the information came first from her.

Is not this Mary White the wife of the father? - Yes; but he has two wives.

Has not Mary White been separated from him a long time? - By all account she has, I only knew them a twelvemonth.

Do you know any thing of Mr. Stringer losing a pair of stockings sometime before? - Yes, but he did not take any body up.

Did not Stringer suspect somebody, and did not Mary White give him a pair of stockings to prevent him from prosecuting that man? - I do not know.

GEORGE STRINGER sworn.

I came home about twelve at night, the last day of January; I have lived there going on eight years, I found all the doors fast, I could not get in for half an hour, till I got the cellar door open to awake my wife, she sent the child to let me in, and I bolted the door after me.

Is your wife here? - No.

Do you know whether there was any body came in after you? - I believe not, they were all in bed; that is all I know, except that the prisoner is a very good apprentice.

JAMES BAKER sworn.

The prisoner Roger worked with me some time, as a shopmate, he went away for three or four days, and the master sent me after him, he came to work again, and asked me to buy a watch of him.

Recollect as near as you can when that was? - I believe it was some time in February, but I cannot say.

The beginning or the latter end? - I cannot say, I knew of his being taken into custody, it might be about six or eight weeks before he was caught.

Court to Prosecutor. How long after your things were lost was it, that you got the warrant against these people, and had them taken up? - It was a good bit after, I do not know how long.

What is the date of the commitment? - The 5th of June.

Baker. It was in February that I bought the watch, it was a small silver watch, it was pawned for a guinea, at a pawnbroker's, Charnel-street, Grosvenor-square; the prisoner, Roger, took me to the pawnbroker's where the watch was, and I took it out of pawn, and gave him half a guinea besides, I took the watch and kept it afterwards, till I had a summons come from Litchfield-street, and I went and gave the watch to one Mansfield; the prisoner Roger was not in custody, the prisoner William was; it was some time in February that the prisoner William was taken up; I might have had the watch a fortnight, it was the latter end of February.

Was the watch you delivered to Mansfield the same watch that you bought of the prisoner? - Yes; he said he had a watch on board a ship, I did not enquire, as I always took him to be a very honest man, I never saw any misbehaviour before, I never saw him wear a watch before.

THOMAS MANSFIELD sworn.

I belong to Litchfield-street office.

When was it that the young man was first taken up and discharged? - I do not know; he was taken up twice, the first time I took him was the 3d of May; I am sure of the time that the watch was given to me.

Court to Baker. How long before you gave the watch to Mansfield was it that you bought it? - I cannot say, to the best of my knowledge it was some time in February; I cannot tell how long I had the watch.

What reason have you for thinking that you bought it in February, had you it a quarter of a year? - No, I had not.

Had you it a week? - Yes, more than a week; I gave him half a guinea, and took the duplicate in my own name, and it was some time after I bought the watch that I took it out of pawn.

Might that be a month? - I do not think it was.

Might it be a week? - Yes, more than a week and less than a month.

How long do you think you had the watch in your pocket? - I cannot tell indeed.

What interest did you pay? - One shilling and a halfpenny.

Jury. That is three months.

In what name was the watch pawned? - In the name of Roger White .

Mansfield. On the 3d of May last I heard the prosecutor was robbed, I went to James Baker , the top of Oxford-road, I told him my business, he said he had a watch, which he received from Roger White , I told him he must go with me, his master gave him a very good character; after that I took William White , then I went to one Ann Sherman , and she directed me to a pawnbroker's in little windmill street, and there I found a shirt, and after I found the shirt, the prisoner William White denied it, and so he has always.

Prosecutor. I had the watch about ten days, it is No. 155, it had two pieces of

blue ribbon on it, and a seal with a cypher, not my own cypher, it had a brass key; I believe there was a little bit of white paper in the watch case, with the number written upon it, I am sure it is mine.

Mr. Knowlys. When did you last see it? - On the 31st of January.

Did you examine the watch as to the marks before the magistrate? - Yes, I gave a description before I saw it at all.

Do you know the shirt? - It is not marked, I know it by the frill that is upon it, which my aunt worked; I took particular notice of it, I am sure it is mine.

(Deposed to.)

ANN SHEERMAN sworn.

I work for the prisoner Roger's lawful wife, Mary White ; and I went there the first of February, about half after seven in the morning, the wife that he did not live with; I had not been there above ten minutes before Roger White came in, and knocked at the door, she desired I would not let him in till she had put her clothes on, then I let him in, and in about five minutes he pulled a shirt out of his bosom, and desired me to go and pledge it; I took and looked at it, I said I could not get much upon it, I went and pawned it for one shilling, and brought that and the duplicate to him, I pawned it at Mr. Morris's, Little Windmill-street, I afterwards went with Mr. Mansfield, and they delivered it to him.

Mr. Knowlys. You are very intimate with Mary White ? - Yes, but I pawned it for the prisoner, I am sure I did not pawn it in her name.

PRISONER WILLIAM WHITE 'S DEFENCE.

I know nothing of the things being taken away, I leave it to my counsel.

PRISONER ROGER WHITE 'S DEFENCE.

I leave it all to my counsel.

Court to Prosecutor. Do you know Baker at all? - No, he was quite a stranger to me.

ELIZABETH M'CONWELL sworn.

I have known Mary White these seven or eight years; she is the wife of Roger White .

Did you see Mrs. White at any time give a shirt and watch to the prisoner Roger White ? - I work for a chemist; I got up soon in the morning on the 1st of February; I went up Oxford road; the shop was not open; I went into the Spotted-dog and called for a pint of beer; during the time I set there Mr. and Mrs. White came in together; it was between six and seven in the morning; the Spotted-dog is the corner of Broad-street.

You are sure this was the 1st of February? - Yes; Roger White and Mary White came in together, between six and seven, and called for a pint of purl, when the purl was brought I saw Mrs. White give a watch to Mr. White.

Did she give him any thing else? - I saw nothing but a shirt and a watch.

Did she say any thing to him? - She told him to go out and pawn that watch and shirt for a friend of her's that lay sick.

What did he say? - He went out in two minutes after with the shirt and the watch; he returned in a minute with the same things, and gave them to Mary White , and told her it was too late for him to stay; and she said, no, he must pawn the shirt and the watch, and bring the money and duplicate to her lodging; that it would look better for a man to pawn the shirt and the watch than a woman; she went out and left Mr. White in the box, and he went out in a few minutes; and I know nothing more; they might be at the Spotted-dog about thirty minutes.

Who was present? - The boy and the landlady.

How long was he in the house before she produced the shirt and the watch? - I know it was ten minutes after this when I left the house; and it was just a quarter of an hour after six when I went in.

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

Reference Number: t17860719-64

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 19th of JULY, 1786, and the following Days;

Being the SIXTH 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 VI. 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 White and Roger White .

Court to Mansfield. Who did you get the duplicate of the shirt of? - There was no duplicate; it was given to the prisoner; I had no duplicate of either.

Court to Ann Sheerman . What time in the morning of the 1st of February did you go to to Mrs. White's? - About half past seven in the morning.

Was she up or in bed? - She was in bed, and in sleep I believe; I knocked at the door twice.

Who lodges in the same house with her? - I do not know, they were all trades people; it was about half past seven when I went there.

Where does she lodge? - No. 2, in Little Windmill-street.

How long after was it before Roger White came there? - About ten minutes; Mrs. White was still there; she desired me not to let him in, till she had got her clothes on; when he came in, he said, he had been up ever since five in the morning and had received a guinea of his master, and he was obliged to borrow some things of the apprentice boy to make it up.

Was there any thing that passed between them that led you to think they had seen one another on this morning? - He was there before he produced the shirt about five minutes.

Did he tell his wife he had not been able to pawn it? - No.

She never said a word whether he should carry it or not? - Not a word, nothing passed between them that led me to apprehend that they had been together that morning before, or that the wife knew any thing of his business.

WILLIAM WHITE , ROGER WHITE ,

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Court to Prisoners. You have both been convicted upon evidence which appears to me, as it has done to a very cautious and attentive Jury, perfectly satisfactory, each of you of felony, but unquestionably your degree of guilt is extremely different; the

misfortune of the younger prisoner seems to have been that of having a very abandoned and wicked father, who, instead of protecting his younger years and training him up in the paths of honesty and virtue, has been unquestionably the means of bringing his son as well as himself into the situation in which they stand; in such a situation the case of the son deserves compassion, the case of the father deserves none; and if the law had made it a capital crime, few would have deserved that sentence more; but the law has not made it a capital offence, and the punishment of the father, wicked as he is, must be short of death; but when we consider that he has been the instigator of his son to commit this crime, of which he was to be the partaker, and has afterwards sought to cover that crime, by bringing a perjured witness into Court; it appears that no punishment short of death can be too great for that offence; the offence of the son, would under the influence of the father alone, call for a milder degree of punishment than I think it will now admit of, because it was committed with the circumstances of a breach of trust, rising in the night and robbing his fellow apprentice while he was in sleep; I therefore think that less punishment than the usual one of transportation would not be adequate to the offence of the son; the sentence of the Court is, that you William White be transported for seven years , to such place as his Majesty by the advice of his privy counsel shall think sit to direct and appoint; and that you Roger White , be transported to Africa, for the term of fourteen years .

And let the witness Elizabeth M'Conwell be committed to Newgate to take her trial next session for perjury.

Reference Number: t17860719-65

626. THOMAS FLOOD was indicted for feloniously stealing, on the 5th day of June last, a cloth coat, value 10 s. a silk waistcoat, trimmed with gold lace, value 10 s. a linen ditto, value 2 s. five shirts, value 20 s. one stock, value 6 d. the property of John Turner .

JOHN TURNER sworn.

On the 5th of June I lost the things mentioned in the indictment; I live in Liverpool; the prisoner at the bar was a man shipped with me to go down to Liverpool; I was alongside the ship on Monday evening about nine o'clock; it is called the Delight; I was master of her; and about half past ten the same evening not finding my own boat there, I took a sculler and went on board; in the morning not finding the mate on board, I turned out about five and called the people up; then I went down, I went to look in my trunk to get my linen out; my trunk was kept in my cabin; all my linen was gone, what quantity I cannot say.

Which side of the water was this vessel? - It lay abreast of the Tower, on the Middlesex side; I also lost my coat and waistcoat which were not in the trunk, the cloth coat was lost from the cabin, the waistcoat trimmed with gold was in the trunk; I examined the people and found the prisoner was not on board; I went about eight in the morning to Justice Smith's in East Smithfield, and there I saw the prisoner, and part of the property was found and brought there; I saw four shirts there, the marks had been newly picked out; I am sure they are mine; I saw the waistcoat and the coat; the linen stock is marked J. T. I had not seen the prisoner in the cabin that day; my trunk had been on board six or eight days.

WILLIAM WHITEWAY sworn.

I am an officer at the public office East Smithfield; I found these goods at two different shops in Rosemary-lane, one coat at one shop, and the cloth waistcoat, and four shirts at another.

(The waistcoat and shirts deposed to.)

JOHN SADLER sworn.

On the 7th of last June, I had information of the prisoner; I went and apprehended him; I took him to the King's Arms and

searched him, and in his pocket I found two black stocks and one white one, which the prosecutor swore to be his property. (The stock deposed to.) I am sure the prisoner is the man; I had had him in custody half an hour before I searched him.

JOHN FINDLAY sworn.

I keep a sale shop; I was walking at the door and the prisoner and another came by with two bundles, on Tuesday the 6th of June, about eight in the morning; I asked them if they wanted to buy any clothes, they told me no, they had something to sell; they came in, and there were these shirts; they had each a bundle, I cannot say which had this bundle, the prisoner said, the clothes were his own; there were five shirts, and a waistcoat trimmed with gold; I bought nothing else of him; they are here.

JOHN ARDEN sworn.

I am an apprentice to Mr. Wynne; I bought a green coat of the prisoner, the next morning I gave it to Mr. Whiteway.

(The coat deposed to.)

PRISONER's DEFENCE.

It was the King's birthday, and I wanted to come on shore, the mate granted me liberty; about four I wanted to get my things ready, and another young fellow belonging to the vessel was on shore; I met him and he had a bundle; he asked me to go with him, I said, I will go along with you; he said, he was going to sell or pawn some things; he took me to that man's house, and he sold these things; then to another house and he sold some more things; I wanted to go on board, he said, he would in the morning; Mr. Sadler came and took me for these things.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-66

627. THOMAS EVANS was indicted for feloniously stealing, on the 1st day of May last, one woman's hat, value 5 s. the property of John Kemp .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

628. The said THOMAS EVANS was again indicted for feloniously stealing, on the 1st day of May one pair of linen sheets, value 5 s. the property of John Kemp , being in a certain lodging room let by him to the said Thomas , against the statute.

MARY KEMP sworn.

I know the prisoner; he came as a lodger to my house; my husband and me were both at home; he took the lodging on the 20th and set off the 21st; when he went away, I saw his back bulge out; I was sitting up stairs in bed; I told my husband to pursue him but he did not; he was to pay me eighteen pence a week; I put on my shoes and run into the street after him; he was taken for the same offence by another woman; I never saw my sheets again.

You do not know they were sheets in his pocket? - I missed a pair of sheets and a hat; I never saw them again.

Prisoner. Pray did I take the lodging of you? - Yes.

How came you to say before the Justice, that you did not let the lodgings, you said, you was not at home, you was at work? - I never said so; he came of a Friday, I was out, he came again on Saturday; I was out and my husband, about a quarter after ten, he said, he was the person that agreed for the lodgings, he sat down in the kitchen for some time till I made the bed, then he went up and my husband carried up the candle with him; I pursued him immediately in the morning, and my husband run up stairs, and called out, oh, my God, the sheets are gone.

JOHN KEMP sworn.

I was present when the prisoner came in

Saturday night; he sat down by the side of me; he said, he would give me eighteen pence a week for the lodgings, to pay weekly, but he would have a bed to himself; after my wife had made the bed I went up with a candle, and in the morning between five and six I heard him unbolting the door, and I jumped out of bed; he had the street door open; my wife sat up in the bed; I unlocked the door as she sat up in the bed, she saw something bulge, she called out; I ran up stairs and found the sheets were gone, I called out and she ran after him, but he was gone; I never found my sheets again; I missed the sheets and a hat.

PRISONER's DEFENCE.

My Lord and Gentlemen of the Jury, the prosecutor stood as I came down stairs; I asked him what o'clock it was, he said, six or half past six, and I wished him a good morning; I should think if any body had robbed him, they would not have stopped to have asked questions; why did not the woman follow me, I went gently from the door, and I went to the public house over the way.

Mrs. Kemp. I saw nothing of him; I run immediately; I never saw him till I saw him at the Justice's.

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

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-67

629. JOHN HACK was indicted for feloniously stealing, on the 18th day of July , two gallons of shrub, value 16 s. one wooden cask, value 1 s. the property of Philip Booth and Jon Metham .

WILLIAM CHEESE sworn.

The prosecutors are partners; they are distillers and rectifiers on spirits ; on the 18th of June they lost this wooden cask, it contained two gallons of shrub; I left nobody with the cart; we left it opposite a coach-maker's shop; I know the cask to be the property of the prosecutors; the cask sprung a leak; it was marked shrub on the other side.

Jury. What is the mark of the cask? - Philip Booth .

Mr. Keys, Prisoner's Counsel. You are porter to the prosecutors? - No, I go with the cart.

What time did you go out in the morning? - I cannot say.

What number of casks had you in the cart that morning? - Twenty-eight.

When had you seen this cask? - I cannot say; the casks all answered my bills; I saw it two hours afterwards; all our two gallon casks are alike; they are all marked in the same manner; I had no other that was marked shrub but that; I took the cask under one arm and the prisoner under the other to Justice Wilmott's office, and left them there, and wrote my name upon the cask, and there is the mark of an E.

Court. Did you cover the casks with straw? - Yes.

Then you carried it to the office and then home? - Yes, and it has been there ever since.

RICHARD GEARY sworn.

I am a coach-maker; I saw this cart opposite my house on Tuesday; it stood against the shop, as it has done a good many years; I saw the prisoner in the shop where I work, he was talking about bringing some little wheels, I bargained with him for the wheels; I went out to see what was the matter, and I saw the prisoner walk with it under his arm; I did not see him take any thing out of the cart, I called halloo, and he began to run, and then I called stop thief, he ran down to the bottom of the street with the cag under his arm; it was thrown down; I did not see him throw it down.

Was he out of your sight? - Never, from one end of the street to the other till it was thrown down, then he turned the corner, and was out of my sight for a few

minutes; I went to the bottom of the street as quick as I could; I saw the prisoner coming along in custody to our shop.

In whose hands did you see the cask? - It was an entire stranger to me that had it, and they gave it to me directly.

Should you know the person again if you was to see him? - Yes, the prisoner is the man.

Do you believe the cask that is now produced in Court, was the cask that was under the prisoner's arm? - It was the same size; I believe it was the same; I gave the cask to Cheese the distillers man directly; Cheese marked it at the Justice's, and made a long stroke and a little one; here is the mark.

JOHN GARTER sworn.

How old are you? - Thirteen.

Do you know the nature of an oath? - Yes.

What will become of you if you tell a story? - Go to hell, Sir. I was coming to work; I drive a horse round a mill; I saw this man step up the top of the wheel and take a cask out of this cart.

What size cask was it? - It was the size of this cask.

Do you know whose cask it was? - One Mr. Booth's.

Do you know the coach-maker? - Yes.

Was he standing at his own door? - Yes, facing his door.

Had you ever seen the prisoner before? - No; the prisoner is the man; when he had taken it, he went down the street, and he began to run, I ran after him, and I saw him drop the cask in the same street, but I did not see the cask taken up; I went after the man; I believe this is the same cask he took away; it was about this size; I saw it afterwards in the hands of Richard Geary .

The prisoner was a stranger to you before this time? - Yes; I was standing about five or six yards from the cart on the other side of the way; he was getting on the off wheel, his back was towards me; I saw him coming along; I thought he belonged to the cart; I saw his face, and the cask under his arm; this is the same man I saw on the cart; I lost sight of him two or three minutes; he was pitted with the small pox.

Prisoner. I leave it to my counsel; I am innocent.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860719-68

630. NICHOLAS RILEY was indicted for feloniously stealing, on the 12th day of July , seven yards of thread lace, value 6 s. the property of Mary Price , widow .

MARY PRICE sworn.

I am a widow; on Wednesday the 12th of June last, I lost seven yards of thread lace, about four or five in the afternoon; I had been robbed the week before; the same thieves that robbed me before, came to me again; I lost it in Rosemary-lane , at the front of Mr. Collins's house that I rent; the prisoner came up to my place where I sell my goods, which is out in the street, and he took the lace, I had hold of the end of this very lace, and he ran away with it; and he took five yards; he snatched it away from me; I ran after him; I was determined to die before I would let it go, and running after him with it, he put his hand in his bosom and drew it out; there was a multitude of people about us; I had seen the prisoner before, and had a notion that he had robbed me; there were two or three women came up with him; I saw his face while they prevented his going off; I had no lace but what was my own; he was committed.

Prisoner. Did you see me pick it off the stones? - No, I saw him open it.

Did not you say it was the woman in the brown gown that took it? - No, that was another man.

PRISONER's DEFENCE.

I had been into the fair, and bought this coat and hat, and I found the lace on the stones, the prosecutor came up to me and said it was hers, and I gave it to her, and she went to the stall and stood there a few minutes, and came back again and seized me by the wrist, and said it was taken by a woman, and I must know the woman, I had no man or woman with me.

GUILTY .

To be confined to hard labour six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-69

631. JOSEPH WILD was indicted, for that he on the 15th day of June last, on one William King , unlawfully and wilfully, and feloniously did make an assault, and did then and there, in a forcible and violent manner, demand the monies of the said William King , with intent his monies feloniously to steal .

The indictment was opened by Mr. Knowlys, and the case by Mr. Silvester.

WILLIAM KING sworn.

I am one of the Provost Marshals at St. James's ; I had been at the bowling green at Pimlico, I had had a pint of ale, and had been seeing them play at bowls, coming through the park I meant to come out at Spring-garden-gate, the gate was shut, and I turned about to go to the stable yard, when I came to the back of the Duke of Marlborough's gardens, a soldier, not the prisoner, came up and asked me how I did; I told him he knew nothing of me, I wondered at him asking me, he said he did, he then asked me if I would go and take a walk; I asked him what he meant by a walk; he said he would very soon tell me what he meant; I told him he was mistaken, I desired him to go about his business, he was much mistaken; then he said you will give me something; I looked very earnestly at him, and I believe I might make use of an oath, damn me, says I, you rascal, what do you mean by that? instantly then the prisoner and another laid hold of me, and said damn his eyes if he does not give me money, I will swear that I saw his hands in a very indecent manner in the other soldier's breeches; he damned his eyes many times, and made use of these words, blast me, and blast my eyes, and one said that is right, stand to that; they were all three about me; I had then ninety pounds about me in bank notes, I had either six, seven, or eight guineas, I am not sure which, in gold, and some silver, and my watch in my pocket, I was very much alarmed and flurried, I expected to be robbed of every farthing I had; I immediately called for the assistance of the centinel, the first, to the best of my recollection, that was nearest, was at the back of the palace gardens, none came to my assistance, I exerted myself very much, and fought and wrangled, and got near the centinel; I said these rascals want to rob me, and I insist upon it that you take charge of them; and he signified that he had no right to take charge of them, but he held up his firelock between the three soldiers and me, and said damn you, you rascals, what do you want with the gentleman? then they let me go, I went from them, and they followed me, and began blasting my eyes, and saying that I wanted to attempt an indecent act in behaving in the manner I did to the soldier, they swore that they would take me to the centry box, I got away from them by the assistance of the soldier, I came to the gate, where they all three followed me, and demanded my money over and over again; they swore one to another that they would swear it, and the prisoner particularly damned his eyes and limbs that he would swear it to the colonel, and they called one another by their names; I then came into the stable yard, and there were a couple of Lord Harrington's servants stood at one door, I told them, and one servant took hold of my arm, and said he would see me into St. James's-street, and there two of the soldiers ran away whom I do not know;

this one abused me and made out that kind of case, and when we came into Cleveland-row I lost sight of the prisoner; the servant left me, and I came on through Pallmall home, I neither saw nor heard any thing of him for ten days or a fortnight; I had been several days on my duty at St. James's, on account of the drawing-rooms, and levies; and I was going one day with Mr. Millar from the House of Lords, and the prisoner accosted me again, he asked me if I did not remember being in the park a few nights before, and he acknowledged himself to be one of the men that had hold of me, and that I was too strong for him, he said that I said they wanted to rob me, but they did not mean that, for they only wanted some money to drink; neither did he see any harm of me, nor did he want to expose me; the prisoner would not tell his name; nor the names of his comrades, he said he did not know them, but they belonged to the same regiment with him, but they had the other regiments clothes on that night; with that he went back towards St. James's; and the next morning, which was Saturday morning, I went into Kent, and did not return till Monday evening; on the Wednesday I was on my duty at St. James's; I then got hold of the prisoner's name, and the next morning I got a warrant for him, and took him up; when we came before the magistrate I repeated the story I have done now, the prisoner then told the magistrate that he saw me in that indecent manner with the soldier, and that was all he said; he said, I was sitting on the other side by the Mall.

Upon the oath that you have taken had you been sitting down in the park at all that night? - No, Sir; I had never opened my lips to any body breathing.

I understand you have since found the centinel? - Yes.

Prisoner. You was along with a man, I was passing with a girl, ask him one question, whether I did not tell the men that are over him at St. James's the next day, that I saw him on duty, I accused him of it before my serjeant in the street, and told him every thing of it, and he denied he was there.

Prosecutor. I did not see him till a fortnight after.

Did he accuse you before the serjeant? - No, he did not.

Prisoner. The next day that I saw him, on the 25th of June.

Court to Prisoner. Did you charge him before the serjeant? - I said to my serjeant there is the man that I saw last night.

Court to Prosecutor. Did you see that man the next day? - I never saw him for a fortnight.

Did he accuse you the next day?

Prisoner. I say the next time that I saw him.

Prosecutor. No, my Lord, he said he saw no harm of me.

Prisoner. Ask him whether when Lord Harrington's servants were walking with him, I told him of the things that he had done, and if he would come the next morning, there were three men that did accuse him of these things, that he had connections with him in the park, and when Lord Harrington's black servant heard it, he left him.

Court to Prosecutor. Did he charge you with indecency before Lord Harrington's servants? - He said he saw me with a man in the manner that he has now been saying, and before Lord Harrington's servants, when the other two ran away.

Prisoner. Why did not he take me up before that time? - I did not know him, I could not have known him if he had not attacked me the second time, nor I should not have known the other two.

Prisoner. Ask him whether that man that stands along with him at the front gate of the park did not say he would not stand with such a man unless he cleared himself up, for he was a man that was not sit to talk to a man? he only took me up for defence of his own character, he would not have taken me up, and said nothing at all to me if I had held my tongue.

Court to Prisoner. Would you have me ask him that question.

Prisoner. Please to let me consider of

if you please to ask whether he was not sat down on one of the benches with a soldier, and whether I did not pass by with a girl? - I never was off my legs, nor saw any woman in company with any soldier.

Prisoner. I dossed my shoes off my feet, and went and run up to the place to hear, I could not hear what passed, but as soon as they got off their seat, says the soldier, I will have something more to drink.

SAMUEL PRIGG sworn.

I was sentry that night, on the 15th of June, from ten to twelve; about half after ten some soldiers and the prosecutor came up wrangling and jawing one another, and they began to use the gentleman very ill; the prisoner was not with them three soldiers; I took the gentleman from the soldiers and parted them; I said what have you been doing of? says one of the soldiers, I was making water up against a tree, just by Carleton-house, and this gentleman came and took hold of my private parts, and he desired me to keep the gentleman prisoner till I left the sentry, and then to take him to the guard-house; I told them I did not choose to do it, you are three of you, take the gentleman to the guardroom; says the gentleman, I am willing to go to the guard-room; then the prisoner came up to me, and said, I would take them all up if I was you, and that was all he spoke.

He is in the same regiment with you? - Yes.

Did you know the other two men? - I did not, they were strangers to me; I think two of them belonged to the Cold-stream, and the other to the third regiment, I do not know that I ever saw them before in my life.

What regimentals had they on? - Two of them had two Coldstream coats on, that is the second regiment, and one of them had the third regiment; two of them were grenadiers, and one was a hatman.

Of what regiment is the prisoner? - The first, he was on duty at that time.

Prisoner. I was on duty there.

Was the prisoner on duty? - Not in the park, he belonged to the king's guard that night, he went off to his guard that night; the prisoner belonged to that guard that marched off the parade that morning.

Mr. Silvester. What business had he in the park at that time of night? - He might be walking through to see his wife safe home.

But his business did not require him to be in the park? - No.

Court. He was obliged to be near? - Yes; but he had liberty to go any where in the park, or assist any sentry.

Where is the guard room? - Just by the park.

Prisoner. Whether I did not ask him if I was the man, before Lord Harrington's servants, and he said no?

Prosecutor. I said he was the man that first demanded the money.

Prisoner. The prosecutor then said to Lord Harrington's servants that I was not one of them.

Prosecutor. There was only three soldiers in all, and the prisoner was the first man that made the expression of money; this was the man that said damn my eyes he must give us some money.

JOHN MILLAR sworn.

I am a Provost Marshal, I was walking with Mr. King; the prisoner at the bar came up to Mr. King, and said do not you remember seeing me in the park the other night? King said he did; says the prisoner, I understand you give it out that we wanted to rob you, I was one that had hold of your collar, and we had a strong tussle together, but you was too strong for me and got away; we did not want to rob you, what we wanted was some money to drink; we asked him what his name was, and his other two confederates; he immediately replied, and said he did not know the men, and did not know their names; but they belonged to the first regiment, only they had the second regiment's clothes on that night; he said he must confess he saw no harm between them; with that Mr. King swore, and asked him what he wanted, and

what he meant; the prisoner said he did not want to expose him in the street; that was all that passed while I was present.

Was you afterwards before the magistrate? - Yes.

Tell us what passed there? - The prisoner, when he came to the magistrate, said he saw Mr. King sitting down in the park in a very indecent manner, with another soldier; that he pulled off his shoes to hear what they were talking about; that the prisoner and a woman passed him several times.

Prisoner. Please to ask him whether the marshal man at the gate did not accuse the prosecutor, and say he was such and such a man, and that they would not stand with him unless he cleared himself? - I do not know a syllable of that; here is one of the marshalmen here in court.

Prisoner. Please to examine that marshalman, but that is not the marshalman.

Court. How many marshalman are there? - Six, and here are three.

PRISONER's DEFENCE.

I was not the man that spoke a word to him, neither wrong nor right till the sentry was charged with him; I had no conversation with him; I was along with a girl at the same time; I came down the park, and a soldier and he had a tustle; the three men said they would have something to drink, or else they would take him to the guard-room, and he said he would give them no more; then he went to Lord Harrington's servants, and I came up; the prosecutor had an apron on, and a round hat; and his hair was tied at that time, and his apron was tucked on one side; and when I saw him with the soldier, his apron was wrapped up plump round him; and when he got up he put down his apron; I said to the prosecutor, you know you have behaved indecent to the soldiers, and am I one of the men; no says he, you are not; and when I told the black servant the whole of it, he would not go no farther; I went to the guard-room, and told the serjeant of it; the next morning I could see never a marshalman, but I asked the man that took care of the king's chapel, I described the prosecutor as a tall man that stooped in his walk; he could not tell me his name; the next day I went on guard, that was the 20th, and I asked the name of the marshalman, they said, I believe by the description it is Mr. King; says I, I saw him doing things he should not, with a soldier, one night between ten and eleven; I could not see him that day; I constantly told of it, and was told that he went in the report of a shake; and the marshalman said they would not stand with him without he would clear it up; I never was reported to captain, colonel, or serjeant for wronging any man; I never was in prison before in my life; I am lately come out of the country; I have not been long in the regiment; Mr. King would not come down to speak to me when they went up.

JAMES MOSS sworn.

I was sentry in St. James's park; and I heard a noise opposite the park; I am of the first regiment; I was at Penny's gate, that goes to St. James's, where the guards march through, and the gentleman called out sentry for assistance; I ran over to him, and the other sentry was with him when I went; and the gentleman said, that the three soldiers, two of the second regiment, and one of the third, attempted to rob him; they accused the gentleman of putting his hand into one of their breeches, and catching hold of his private parts; the soldier persuaded me to take the gentleman in custody to the guardroom, and the prisoner came up, he was not with them; there were three soldiers besides; the prisoner at the bar came up; he was not with them; there were three soldiers besides the prisoner at the bar.

Court. Take care what you say; are you sure that there were three soldiers besides the prisoner? - Yes, two of the second regiment, and one of the third.

Court. Take care you do not swear

falsely; you may answer for that in another place? - Then the prisoner came up and said, sentry I would take them all to the guard-room if I was you, which I refused, and would not take him; I told him they were more able to take him than I was, I was not able to take four to the guard-room; the prisoner walked off to his guard immediately, the other three soldiers and the gentleman went towards the guard-room, where I was centinel.

Then the prisoner never went out of the park? - No, he did not.

Then you are clear and positive that there were three soldiers besides the prisoner? - Yes.

And you are very clear at the same time that the prisoner did not follow the gentleman into St. James's-street, but went into the park again? - Yes.

Recollect yourself, be cautious? - He never went out of the park to the best of my knowledge.

Samuel Brigg called in again.

Court. How many soldiers were there besides the prisoner? - The prisoner was not there; there were three soldiers; the prisoner was not there when the other three soldiers were there; the prisoner came on my post just as the other three walked off; the three soldiers and the prosecutor came from Carleton house to my post; the prisoner did not come up till after they were walking off to the guard-house, then the prisoner came to me and said, if I was you, I would take them all prisoners, then he walked off to his guard; he was not interfering with them any more than I was; he was not nigh them; the prisoner at the bar never spoke to the gentleman, only said to me, if I was you I would take them all prisoners; he walked off to his guard directly, and they went off my post, I had nothing more to do with them then.

Court to Prosecutor. How many soldiers were there? - Three, the prisoner and two more; there were only three in all, and the prisoner was the first that collared me opposite Marlborough-wall, and the first man that demanded my money; I am sure that it was the prisoner; I was worse used by the prisoner than by any of the others; he swore he would have money; I swear to him from the recollection of his voice when he spoke to me the second time, and from the threatening expressions he made use of.

Jury. I understand that Mr. King said that the reason that he did not take him up before was that he did not know him? - Yes, I did.

Court to Prisoner. Have you any other witnesses to examine? - I came and told the serjeant in the guard-room that night; I told it the next day to the Marshalman, and the prosecutor might have come down to St. James's, and have taken me up any day; he knew I was on guard every fifth day; and if he could have sworn to my voice, why did not he come the next day, or the day after? it was three weeks before he took me up.

ROBERT MANN sworn.

I am a serjeant; on the 15th of June, about eleven at night, the prisoner came to the guard-room, and accused a gentleman, one of the marshalmen (he did not mention his name) with sitting with a soldier in the park, upon one of the benches, with one arm round the soldier's neck, and the other hand in his breeches; I heard no more of it; on the 25th of June, that was ten days afterwards, I saw the prisoner speaking to the prosecutor in St. James's street, fronting St. James's coffee-house; I did not hear what passed; I was standing in front of St. James's gate; I saw them talking together in the middle of the street for about ten minutes.

Mr. Knowlys. Was you before the magistrate when this man was taken up? - Yes.

Did you say this at that time? - I was only asked to the soldier's character, I did not mention this.

How came you not? - I was not asked that question.

Court to Prisoner. Have you any witnesses to your character? - I have nobody in London that knows me; I came lately out of Derbyshire.

Court to Serjeant. What has been his general character? - He never was taken up for any thing of the kind.

What has been his general character as a man? - I know no other of him than I know he lived with a woman of the town.

Did he bear a good character as an honest man? - I never heard to the contrary.

Mr. Knowlys. I believe you was asked as to his character before the magistrate? - Yes, as a soldier only.

What character did you give him before the magistrate? - All that I said was, that he now and then neglected duty, and came dirty to duty at times; I was not asked whether he was an honest or dishonest man.

Court. Then I ask you now what has been his general character? - I never knew him dishonest.

What has been his general character, men have characters, I do not ask you to particular acts? in what reputation has he generally been for his honesty in the regiment? - He has never behaved amiss any farther than what I have told you.

That is not an answer. - I never heard him accused of any dishonesty.

Then he has had a general good character? - Yes, as an honest man, I never heard any thing to the contrary.

Mr. Knowlys. Are you of the same regiment with that man? - Yes, Sir, of the same company; I have been in the company seven years.

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

GUILTY .

Transported for fourteen years .

Court. I agree with you perfectly, gentlemen, in your verdict.

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

Reference Number: t17860719-70

632. JOSEPH BROWN was indicted for feloniously stealing, on the 15th day of June last, one printed linen gown, value 20 s. one pair of nankeen breeches, value 20 s. one nankeen waistcoat, value 6 s. two pair of ruffles trimmed with laces, value 2 s. two night caps, value 3 d. one shirt, value 1 s. one laced tucker, value 2 d. one muslin tucker, value 2 d. and one linen cloth, value 1 d. the property of William Moulton .

SARAH MOULTON sworn.

I was looking out of window; and I had put these things at the other end of the room on two stools; on the 15th of June, between nine and ten in the morning they had been washed; they were in a bundle; when I came from the window I missed my things; I had not been many minutes looking out I went to the room door and saw the prisoner on the garret stairs; I went up to him; some of the things were on the garret stairs, and the gown was put at top, and not seeing the gown I desired him to pull the gown out of his pocket; he seemed very much frightened as well as myself; I sent for a constable; and he was committed.

JOSEPH FIDMARSH sworn.

On the 15th of June, I took charge of this man, he was standing on the stairs the bottom part of the house; these things were put in my possession in the presence of the prisoner, they have been in my possession ever since.

(Deposed to.)

CHARLES SHIPLEY sworn.

On the 15th of June I heard the cry of stop thief, between nine and ten in the morning; I saw this man come out of the house; I pursued and brought him back, he had no hat on.

PRISONER's DEFENCE.

I went there to see an acquaintance; these things lay on the stairs.

GUILTY .

To be confined twelve months in the House of Correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-71

633. SAMUEL HOUGHTON and CATHERINE LONG were indicted for feloniously stealing, on the 5th day of June last, one silver watch, value 30 s. the property of Joseph Martin .

The parties not appearing the prisoners were ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-72

634. SARAH JONES was indicted for feloniously stealing, on the 20th day of July , one silver watch, value 3 l. a steel chain, value 2 s. two stone seals, value 2 s. a key, value 1 d. and hook, value 1 d. the property of John Bowler .

JOHN BOWLER sworn.

I lost a silver watch with a steel chain and two stone seals with a key and a hook, last Thursday night; I am a corn chandler ; I went home with the prisoner; I am not married; I met the prisoner in Bell-alley, Golden-lane; she spoke to me first; I was quite sober, I had drank no liquor at all; I walked home with her; no person was in the room; I laid half a crown on the chair and the watch atop of it; she pretended to take it up to look what o'clock it was, and there was a person at the door, I immediately asked her for it; she said, she had given it to that person; then we went out together to go after that person whom she said, she had given it to, we walked to the public house and had a pint of beer; then I lost sight of her for about half an hour; there were two in Bell-alley and she spoke to them and told them she had taken my watch, they said, they could not say any thing about it; I saw her again, she came out of Bell-alley, and the officer came up before; I spoke to her; he asked what man had lost his watch, I said, I was the person, and I told him that was the girl, he immediately laid hold of her; the watch was in her pocket; it was taken out; she refused to be examined at first.

Had you given her any money before this? - No more than I agreed for, which was two shillings.

DOUGLAS WYLER sworn.

I am headborough of St. Luke's; the prosecutor lost a watch; I saw it taken out of her pocket; she refused to be examined; I never saw the prosecutor before that night; it was my watch night and two women came to the watch-house, and said, a man had been robbed of his watch, in consequence of which, I went and took the prisoner; and she had a watch in her right hand pocket. (Produced and deposed to.) I found her in Bell-alley, Golden-lane; I asked who was the person that lost their watch, the prosecutor said, I am; I said, where is the girl that robbed you; he said, here; I took her into custody, she confessed she had the watch; I asked the prosecutor if it was his, and he said, yes; I have had it ever since; there is the picture of a woman on the chain; I cannot say the maker's name, or the number, the seals are red.

What are the figures upon them? - I cannot tell, I should know them again.

PRISONER's DEFENCE.

My Lord, this gentleman went home with another girl, and going home, the man that this girl lived with knocked her down, and I did speak to the gentleman, and asked him to let me look what it was o'clock; and she tried to snatch the watch out of my hand and run away; and I asked the prosecutor to go and see after her, and in turning back I met the officer, and he stopped me, he asked me if I had the man's watch, and I said, I had, and I took it out of my pocket and gave it to the prosecutor.

Court to Prosecutor. Was you going home with another girl? - No, I was not, I am sure the prisoner was the girl.

GUILTY .

To be privately whipped , and discharged.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-73

635. JOHN SMITH was indicted for feloniously stealing a silver tea spoon, value 1 s. the property of Ann Jones .

GUILTY .

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-74

636. SARAH YOUNG was indicted for feloniously stealing, one cotton handkerchief, value 6 d. and half a crown , the property of Thomas Bentley .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-75

637. JOSEPH COOPER was indicted for feloniously stealing, on the 17th day of July , one he ass, price 5 s. the property of Newcome King .

The ass was found in the possession of the prisoner, having been untied and taken away from a public door where the prosecutor had left him.

(The ass deposed to by the prosecutor and his wife.)

GUILTY .

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-76

638. THOMAS SMITH was indicted for feloniously stealing, on the 16th day of July , two linen shirts, value 14 s. the property of James Chaddick .

There being no other evidence but the prisoner's confession, obtained by promises of favour, he was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-77

639. SAMUEL WARD was indicted for feloniously stealing, on the 3d day of June last, two window sashes, value 12 s. belonging to Hans Winthorp Mortimer , Esq . then fixed to a building belonging to him .

A second count, for stealing two window sashes, value 12 s. the property of the same person.

(The witnesses examined separate.)

SAMUEL HOLBROOK sworn.

I am steward to Mr. Mortimer; I know these sashes belong to one of his houses in Tottenham-court-road , No. 19, on the Terras; they were fixed on the staircase; I saw them on the 9th of June, between nine and ten.

WILLIAM DONALDSON sworn.

On Saturday the 3d of June, I arose early, and coming out of my house which is opposite to this, I heard a noise, and presently after I saw the prisoner come out with the sashes, he lodged them at the back of the house; I got assistance, and he was secured; his left hand bled very much, one of the squares was cracked.

John Cox confirmed the above as to taking the prisoner.

PRISONER's DEFENCE.

I stopped a minute where the sashes stood.

Donaldson. He owned before Sir Robert that he went in foolishly and meant to carry the sashes back again.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-78

640. EDWARD ABBOTT was indicted for feloniously stealing, on the 17th day of July , eight live hens, price 4 s. eighteen live chickens, value 18 d. and five

live cocks, value 2 s. the property of Thomas Kemp .

William Brown , a private watchman in Whitechapel-road stopped the prisoner with the fowls upon him; he said, he brought them from Burntwood, and dealt in fowls. (The fowls produced and deposed to.) One hen had had a cropper crown, that was pulled off.

Prisoner. I bought them.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-79

641. JOHN HAWKINS was indicted for feloniously stealing a live gander, value 2 s. the property of James Nash .

There being no evidence but that of an accomplice, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-80

642. JAMES YORK was indicted for feloniously stealing, on the 14th day of June last, one half crown, value 2 s. 6 d. and one shilling , the property of Thomas Evans .

CHARLES WILD EVANS sworn.

On the 14th of June I was entrusted with my father's keys, in consequence of his going out of town; his name is Thomas Evans ; he is an apothecary ; he had a suspicion that he had lost money out of his drawer in his study; in consequence of which, he marked two parcels of money, three shillings and sixpence in each parcel; I did not see him mark them; he shewed me the mark afterwards; there was a half crown and a shilling in each parcel; he put the money after it was marked in a drawer in his desk in his study, from which it was taken; a little after three my father went out of town; I went home to dinner, and when I returned I found that out of the parcels was taken a shilling that was about half past four; upon missing this I went into the shop, and I told the man of having missed the money; while I was telling him this, the prisoner at the bar returned from taking medicines to Kensington; the prisoner was a footboy; upon his coming into the shop we sent him to light a candle; before he lighted the candle, he went into this same study and took out a half crown which was remaining in the parcel; as soon as ever he had gone out with other medicines I went into the study; I found there was but one parcel, and that half crown that I had seen before he came into the house was taken away; I immediately sent the journeyman to bring the boy back; I desired him to produce all the money he had in his pocket; he refused it at first, but after a little time he produced what money he had in his breeches pocket; and I only found a shilling which was not satisfactory to myself as being the shilling he had taken out of the drawer; I conceived one shilling might be marked like another, and it was not decisive in my own opinion, not withstanding the mark; I then insisted he should produce every thing he had in all his other pockets, which he did, and upon emptying his coat pocket, in his handkerchief was the half crown which appeared to me as though he had endeavoured to conceal it, but which dropped out of his handkerchief; the reason I sent for a constable was, that he denied having taken it; and he was committed.

Did he always persist in denying it? - When Sir Sampson asked him if he had taken it, his answer was, it was a hard question to answer. (The half crown and shilling produced.) It has not been in my possession till I came into Court; it has been in father's possession ever since; he could not attend.

But how do you fix that the money you are going to produce now is the same you took from the prisoner? - By the mark which corresponded with the marked money in the drawer.

Jury. You doubted the mark on the

shilling, was the mark that was on the half crown the same that was on the shilling? - The same mark undoubtedly; the shilling was taken first before I went to the shop, the half crown was taken the time I was in the house; and the half crown I could particularly swear to, because I particularly examined it after I found the shilling had been taken.

What sort of marks were those that your father put on the money? - With the rim of the shilling and the half crown they formed a triangle.

(Shewn to Court.)

Court. The lines meeting upon it formed a triangle with the rim of the money? - Yes.

Was the same mark put on the shilling and on the half crown? - I think on one parcel the mark was rather larger than on the other.

But I speak on the parcel which was found on the boy, the shilling is the same? - Exactly the same, except it had been made by a rule.

Do you recollect no specific difference between the mark on the shilling and the half crown? - No, I do not.

Had the shilling and the half crown of that parcel which he took the same mark? - Yes.

Have you examined this mark then to see whether they have the same mark? - I have, and they agree as perfectly as possible.

Do you recollect any specific difference (I do not mean by line or compass) between the shilling and the half crown? - I do not.

The half crown, that has the impression plain upon it, was that which was found upon the prisoner? - Yes.

Did you observe on the other parcel the difference of the marks? - (Shewn to the Jury.) - I can speak with greater certainty to the half crown than I can to the shilling, although in my own mind I believe as to he shilling, the impression on the half crown is stronger, and I particularly examined the mark to see whether it was plain, whether if it was to be taken away I could distinguish it again.

PRISONER's DEFENCE.

The money the prosecutor lays to my charge is the money I received from Mrs. Morrice.

The prisoner talled three witnesses, who gave him a good character.

Court to Evans. Is this place kept locked? - It was generally, but I cannot swear it was then.

GUILTY .

Transported for seven years .

He was recommended by the prosecutor.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860719-81

643. LOUISA DAVIS was indicted for feloniously stealing, on the 5th day of June last, one woman's cotton gown, value 12 d. one woman's camblet gown, value 6 d. one petticoat, value 2 s. two caps, value 12 d. one handkerchief, value 6 d. two cotton handkerchiefs, value 1 s. two aprons, value 1 s. one pair of stockings, value 1 s. one pair of cotton ditto, value 1 s. one pair of stuff shoes, value 2 s. one pair of shift sleeves, value 6 d. one shift, value 6 d. five yards of ribbon, value 2 s. the property of Eleanor James , spinster .

ELEANOR JAMES sworn.

I lost my things on Whitsun-Monday morning, from my own room, at Milbank ; I went out about twelve at night, and I was out all the forenoon; the prisoner slept with me about a-week, when I came home she was gone, and my property, my things were loose in the room; I found the prisoner, a fortnight after, at Walham-green, picking of pease in a field, she ran away when she saw me, she was taken to the round-house; a young man went with me; she did not deny taking the things, she had my gown and petticoat on, and apron and handkerchief, and she had pawned a gown at Brentford for four

shillings she told me, and I found it there; I never found any thing more, she said she had made away with the rest; the pawnbroker is not here.

DANIEL REARDEN sworn.

I live in the same house, I laid over the prisoner and the prosecutor, I laid till seven, we had two keys to the fore door, when I came down stairs, the key that belonged to the prosecutor and the prisoner was thrown under the door, I had not seen the prisoner all day; when the prosecutor came in she went into her bed room, and said her things were gone; the prisoner acknowledged taking the things, and directed where they were, the gown was on her back.

(Produced and deposed to.)

Prisoner. I pawned the gown to get shoes; I have not a friend in the world.

GUILTY .

To be privately whipped , and confined twelve months in the house of correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860719-82

644. CATHERINE HUGHES was indicted, for that she, not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, on the 31st day of June last, in the 26th year of his Majesty's reign, with force and arms, at the parish of Christ-Church, in the country of Middlesex , in and upon one Elizabeth Ham , spinster , in the peace of God and our lord the king then and there being, did make an assault, and with a certain large knife made of iron and steel, value 6 d. in and upon the neck and throat of her the said Elizabeth did strike, penetrate, and cut, giving her, with the knife aforementioned, one mortal wound, of the length of six inches, and the depth of two inches, of which she instantly died; and the indictment charges that she the said Catherine, her the said Elizabeth did kill and murder :

She also stands charged upon the Coroner's inquisition with the said murder.

ANN GOOD sworn.

I live with Sarah Hawkins .

What relation is Sarah Hawkins to the prisoner. - Her sister.

Did you know Elizabeth Ham ? - Yes.

What relation was she to the prisoner and to Mrs. Hawkins? - Sister to them both.

Give us an account if you can by what means the deceased came to her death? - I know nothing at all of it, I was gone of an errand.

What day did she die? - The third of June.

Tell us what happened when you came home? - I heard that Mrs. Ham was dead.

What did you see yourself? - I saw her laying dead.

Did she appear to have any marks of violence upon her? - Yes.

What? - Her throat cut in a violent manner.

As you have lived servant to the house, in what state had the prisoner been for any time before, did she seem to be in the perfect possession of her understanding and senses? - She had not been sensible for a long time.

From whence do you recollect that she was not in her right senses for some time before this thing happened? - Better than two months.

What acts can you give us an account of that she did from which you so collect? - If you asked her a question she would not give you an answer; and if she did give you an answer, it would not be the proper answer but the question we asked her.

Can you recollect any particular instance of that sort? - If you asked her how she did, she said when she got up she did not like to go to bed, and when she went to bed she did not like to get up.

Do you recollect any thing else particular?

- Yes, Sir; on the 30th of May I went up stairs to her apartment to ask her whether she would have any beer, and she sat with her hands before her, and never made me any answer, but looked very wild at me indeed, I asked her again, and she made me no answer; I was very much frightened; I turned round under a pretence to buckle my shoe because she should not see that I was frightened.

Jury. Was she alone then? - Yes.

Court. What did she say or do? - I turned round, because I thought if she thought I was frightened she would break out; she said nothing, but kept her eyes fixed, and looked very wild.

Do you recollect any other instance of her talking wildly? - Yes, Sir; she told me several times she would haunt me.

How long was that before? - It was about a month.

Then before the time that this accident happened, from all that you saw of her you took her not to be in her right mind? - I am sure she was not.

Mr. Silvester, Prisoner's Counsel. I believe she complained once that you had been pelting her? - The deceased told me so, she was up in her room when she said that, and the deceased with her, and I below stairs, doing my work, and she said to the deceased, there is Nanny now a pelting of me.

Mrs. Ham was her sister? - Yes.

Did they live in harmony? - They lived very happy ever since I have been there.

I believe you was going away, you was so frightened? - I gave my mistress, Mrs. Hawkins, warning a fortnight before this accident happened, and she asked me why; I said, Madam, I beg your pardon, I hope no offence, but you know Mrs. Hughes, and I am afraid she should break out; I have seen her pick the skin off of her lips till the blood has run down over her chin.

You had no other objection to your place? - No, Sir, no other; I was used very well, I have been there almost four years.

JOHN TOWNSEND sworn.

How near do you live to the house where the deceased lived? - About twenty-five yards.

Tell us what you know about the deceased's death? - I know very little about it; I was sitting at the door, at No 11. in Pater-noster-row, on half a hundred of potatoes; I was looking over towards Mrs. Ham's door, and I saw the sister hanging some meat out, I think her name was Hawkins, as she was hanging the meat out I heard something fall, I judged within myself it might be a sheep or lamb, Mrs. Hawkins cried out and knocked against the door with a knocker, and I thought it was remarkably odd; I crossed the street, and went in behind, and I said Mrs. Hawkins what is the matter; indeed Sir, says she, I do not know, but I am afraid there is a good deal the matter; says I, pray who is in the house, you have no thieves I hope; she tried to open the door of the back room, and she could not, she looked between the wainscot, and I looked over the glass, and I saw nothing but a little child sitting, and Mrs. Hawkins dropped down on her knees, the bottom pannell of the door was split from top to bottom, and I whipped my foot against the pannell and opened the door the value of an inch and a half, and I saw the breast of a woman covered with blood, with a black petticoat on; then I said to the man that lives at next door, for God's sake, Mr. Morgan, break the door open, I had not power, I was so frightened, then I came out of the shop; when the door was broke open I did not see into the back room, I only saw her lay, and I shoved her clothes to get into the room, I came away immediately, I did not see the wound.

Was you often in the family? - I used frequently to be backwards and forwards, and joking with them.

Did you ever see any thing particular in the prisoner? - The prisoner has always had a remarkable wild look.

Do you mean that she had such a kind of look as caused a doubt in your mind that she was not right in her mind? - I really thought she was not right in her mind.

Jury. Have you ever heard any of the neighbours say that there was any thing the matter with her? - I have heard the servant maid should say that her mistress had been very wild at different times before this thing happened, I believe a week.

Mr. Garrow. Had you seen much of her the last two months before the accident? - I cannot say I had, but I saw her the Monday before, going into a green stall, with the same wildness, much in the same form as I have always observed.

Who told you that the maid was going to leave her place on account of it? - I heard of it, but do not know who told me; I was informed that she was gone away.

You know so little of the family that you did not know whether the girl was gone or not? - No, I did not mind the girl.

JOHN MORGAN sworn.

I live next door; on Saturday the third of June, about nine, I was standing at the shop door, and I heard the sister cry out, and I went in to know what was the matter; hearing her in such distress of mind, I said, good God.! Mrs. Hawkins, what is the matter? she cried out, Betsey! Betsey! I looked through the window that looked into the room behind the shop, and I saw a little child sitting; I said there is nothing the matter with the child; I thought she meant the child Betsey; she was trying to get the door open; I went to the door and forced it open, and there I saw the body of Mrs. Ham dead; her throat was cut; Mrs. Hawkins desired I would send for a surgeon; I said I thought a surgeon would be of no service, for she was was quite dead; then she sent me for Mr. Hawkins; when I came back there was a great bustle about the place, and they got the body up stairs; but how she came by her death I know not; then after some time there was a rumour spread about, that there was a woman got out of the one pair of stairs window backwards, and was gone into an adjoining back place; and I and another neighbour got over out of my yard into this place to look for the person that was got out of the window, and we found in this place the prisoner Hughes.

In what situation did you find her? - I believe she was sitting; she was in a kind of a shut up place that there is under the stairs in the slaughter-house; we asked her to come out, which she did; I asked her how she came to do such a thing as to kill her sister (supposing she had done it) and she seemed all of a tremble and twitter; she did utter some words; but I cannot be positive what they were, after she was taken to the watch-house.

Have you been pretty much in the family to see much of the prisoner? - I have lived in the neighbourhood but a few months before, but I had often spoke with her.

Had you made any such observation of the prisoner as might enable you to judge of her state of mind, whether she was sane or not? - Upon my word I can say nothing to that; I was once with Mr. Hawkins, and he said he thought his sister Hughes was in a very bad way; I said I was very sorry for it; but not knowing any thing of it, I did not enquire what way; I thought she might be going in a decline; she had bought things of me; I sell physical herbs; she had bought two or three times a pennyworth of valerian root to make tea, which is reckoned a very good thing for the nerves and lowness of spirits.

Jury. When you forced open the door and saw the deceased did you see the prisoner? - No, nobody but the deceased and the child.

WILLIAM PIKE sworn.

I was going round Spital-fields market about nine, on the 3d of June, at the

end of the street, and I saw several people run over to Mrs. Ham's, and I run, and went into the room where the deceased lay, and her sister Mrs. Hawkins was holding her up on the floor with her back towards her lap, and I said good God! Sally how came this done? did she do it herself? Mrs. Hughes was with her, and I said, do your think she did it herself? and she said no, it is Mrs. Hughes has done it, and nobody else, and God send she had not left them together; Mrs. Hawkins kept crying out for the doctor; I took hold of the chin of the deceased, and held up her head, to look at the wound, and I saw it was desperate, and I said, a doctor will be of no use to her, the body is dead, all the doctors in the land can be of no service; then Mrs. Hawkins said, call Mrs. Hughes down, I went up one pair of stairs, and that was fast, and the two pair was fast, I went into the garret, and looked every where, and out of the garret window, I came down stairs again, and told Mrs. Hawkins, and she desired me to go up stairs again; I did so, and burst open the door of the one pair of stairs; when I came into that room, I looked all round it, and into a little bedroom; I could find nobody; I went up two pair of stairs, and broke that door open, and in the garret I could find nobody; I came down and assisted to lift the dead body up; in moving her we saw the knife lay by her side, and I said, good God! Sally, did she do this thing herself? here is the knife; and she said, good God! so it is: then Mr. Try and Mr. Little came in and the doctor, and he said he could do her no good; then I went out of doors, and there was an alarm given of a woman going out of a one pair of stairs back window, over the tiles, after I had told them of it I came out of doors again, and me and another went into the slaughter-house, through Mr. Morgan's; he was looking over the wall into the back yard, and I jumped over the wall, and Mr. Morgan followed me; I saw a stick in the yard, I took it in my hand, and went round the slaughter-house and found the door on the double lock; it was a spring lock; I said, she is not gone out this way; I went to another little door underneath the stairs, and pulled it open and there I saw her fit under the stairs; and I said, good God, how could you do this wicked deed? the answer she made me was, she did not know, the devil had been very busy with her, and they had had a great many words; I looked at her to see if she had any thing in her hand to do me a mischief, being a dark place; I took hold of her by the hand and said, you must come along with me; Mr. Morgan was behind; she came out immediately; I asked her several questions, but to say what she answered me particularly I cannot; I said, God forgive you to take the life of your flesh and blood; only look at your hands and mine bloody with your sister's blood! whether she said, God forgive me! or what I cannot particularly say; people kept crowding in, and after that Mr. Reeves and I took her to the watch-house.

Was you acquainted much with the prisoner before? - No, I was not particularly.

Had you any sufficient opportunities of making observations of her? - I never heard any thing particular about her before, neither of the neighbours, or of the maid servants; I never asked.

JOHN REEVES sworn.

Was you with the last witness Pike at the time that he went over the slaughter-house? - Yes, I was upon the wall; I jumped over and laid hold of one of her hands and brought her out; she sat down on something in the yard; I stood before her and asked her how she came to do such a wicked deed; her right hand was very bloody just as if the carver had been in it; and the blood had traced from the carver to her apron.

What do you mean by a carver? - A large knife which the butchers use.

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

Reference Number: t17860719-82

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 19th of JULY, 1786, and the following Days;

Being the SIXTH 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 VI. PART VII.

LONDON:

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

MDCCLXXXVI.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Catherine Hughes .

Well what did she say to your question? - She made no answer, she muttered a little to herself, but what I could not hear; the mob crowded in and we took her away; a little time after that I left her.

What did you think as to her state of mind, as to her sanity? - She trembled very much and looked down.

Did you know any thing of her before? - Nothing at all.

ELIZABETH HOLLOWAY sworn.

I lived servant just by; I saw the prisoner getting out of window; I thought she was going to clean the window; and I said, Lord have mercy upon me, you will fall down and break your neck; and she got on the tiles, and jumped off.

How many yards was it high? - I cannot tell; she went into the slaughter-house; I knew her before by sight.

Jury. Have you ever heard the neighbours say that she was out of her mind before this transaction? - Yes, I have.

WILLIAM SEARLE sworn.

I was absent at the time it happened; I have known the prisoner's family for these forty years; I have known her ever since she was a child; I had recourse to the house daily; I saw the deceased before I went from the shop; I was gone about twenty minutes to Whitechapel; about six weeks before I looked upon the prisoner to be insane; moreover than that, that very day week she desired me to fetch her some water from the pump, which I did, she drank it very eagerly; I said to her sister Mrs. Hawkins, Sally, I do not think Mrs. Hughes ought to be left alone.

Tell us if you can what particular observations you made that induced you to think she was out of her mind? - By rather being low in spirits some times, and her eyes just ready to burst out of her head.

Mr. Silvester. I believe these people lived very loving together? - Yes, Sir, as loving as any family.

Jury. Did the prisoner ever make any strange answer? - No further than what I tell you now; she appeared in that light to me.

Court. Did you ever hear her talk wild, or talk at all? - She did not talk at all; she appeared low in spirits.

Mrs. HAWKINS sworn.

I do not know any thing about it.

Was you in the house at the time? - No, I was at the door hanging the meat up.

Tell the Court what you heard while you was at the door? - I heard something fall, when I went in I found my sister wounded.

Did you get into the door without any difficulty? - No, Mr. Morgan pushed the door.

Was your sister dead at this time? - I believe she was.

At the time you left your sister who did you leave with her? - None but a little child.

What age was the child? - Two years old.

Did Mrs. Hughes come afterwards in the room? - No, she did not.

What state of mind had Mrs. Hughes been in before this happened? - In a very bad state.

For how long a time before? - For some months.

What do mean by a bad state, do you mean as to her health or to her mind? - She was quite out of her mind.

Had she given any instances of insanity either in words or in actions? - Very much.

Tell us some particular instances that occur to you from which you drew that conclusion? - I was going up stairs into my own room about a month before; I heard her groan very much, and beg of the Lord to send peace to her soul; I went into my own room, and I came down stairs into the deceased's room from the prisoner's room, I heard something fall with a great force; I returned back hearing the fall; at my return into the room I found it was the bellows that fell down; I went to Mrs. Hughes and she immediately fell down on her knees; she foamed at the mouth and fell all along; after that I raised her up and put her in a chair; she beat her head against the mantle piece, and tore her hair, and begged of God to send peace to her soul; she afterwards beat herself, and pulled her handkerchief off her neck several times; I put her handkerchief on her neck, she said, she would jump out of the window; she got up on a sudden and took a candle out of a closet, and lighted the candle by a remarkable good fire; I asked her what she was going to do; she said, she was going to light the fire, I told her there was a very good one; she stared and looked very wild and put her hand all over the fire; she stared and I went to put the candle out, and as I put the candle out some of the hot tallow fell on the prisoner's fingers, and she asked me if I wanted to kill her; I said, no.

Upon the whole from that time to this do you think that she was out of her mind? - Very much so.

Down to the very time? - Yes.

Court to Jury. Gentlemen, you have heard this evidence, what do you think of it.

Jury. The woman is insane, there is no doubt of it.

Court. I have no doubt myself; I think it is very fit this woman should be taken care of.

Mr. Silvester. Mr. Mendez the governor of St. Luke's has got a ticket for her, and has reserved a place for her.

NOT GUILTY .

Not Guilty on the Coroners inquisition.

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

Reference Number: t17860719-83

645. JOHN STUBBS was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 13th day of July , in the 26th year of his Majesty's reign with force and arms, in and upon one Jonh Carpenter, in the peace of God and our Lord the King then and there being, feloniously and wilfully, and of his malice aforethought, did make an assault, and that the said John Stubbs then and there driving a certain timber carriage loaded with timber and drawn by three horses, did drive the off wheel to and against the said John

Carpenter , whereby he was forced to the ground, and being so on the ground he then and there did drive and force the said timber carriage upon and over the thighs, side, and head of the said John Carpenter , giving to him thereby several mortal bruises, whereof he instantly died :

He was also charged with killing and slaying the said John Carpenter on the Coroner's inquisition.

WILLIAM HARTING sworn.

The deceased was my fellow servant ; he was coming in with his dray just by the King's-head, Kingsland; he was on the left hand coming to London; that was his proper side of the road; he was walking by his horses; he passed a great deal nearer on his left hand side than on the right hand side; there was room for a carriage to pass on each side; there was a timber cart followed him; the prisoner was with the timber cart, following him right in his track; the deceased stopped his dray near to the Bull; the prisoner said, d - n you what do you stop here for, and he answered I must stop here.

Did the deceased return the d - n to the prisoner? - No, Sir, he did not; the prisoner said, d - n your blood I will pull your wheel off; so do, says the deceased; then the prisoner came on the inside of our dray, on the left hand; the prisoner brought his horses from behind the dray to the left till he got past the dray; he turned his horses head towards the middle of the road; he said nothing but run over the deceased's head.

How did it happen? - Mr. Carpenter fell down, the wheel cut his shoe and broke his buckle, and threw him down; he fell down to the left and the wheel went over his head; I was on the off side of our dray and the prisoner was on the near side of his horses; he had three horses; I am a carter; I have been so above thirty years; I know the road well.

In one cart passing another that is before it, which is the usual and proper side to pass on? - When we are following a carriage, and there is a stoppage, our place is to turn to the right hand.

Are you sure of that? - Yes.

Leaving the carriage you pass on the left hand? - Yes.

This man passed to the left instead of the right? - Yes.

Had he any room to spare? - No great quantity.

When he had got past the cart he was then close to the left hand side of the road? - Yes.

Then was it not necessary for him to turn his horses to the right, to get into a proper part of the road again? - Certainly.

Do you think he saw where Carpenter was at the time he turned his horses to the right, from your judgment where you stood? - I do not know he did, nor I cannot say he did not.

As well as you could observe at the time did it appear to you that he intended to drive against the horses, or his cart against the man? - No, Sir; I do not think so, I think that when he said d - n your blood I will pull your wheel off, I take it he intended to hit the wheel, but not the man; the prisoner did not look back, he went on, I followed him and brought him back; I said to him, do you see what you have done here, says I, you have done wilful murder; and he made me answer, it was an accident.

Jury. Do you believe he had seen him till you spoke to him? - I do not know whether he had or not.

You have no reason to believe he did see him before? - I do not know, the poor man never spoke nor stirred.

JOHN EDGAR sworn.

I saw the dray standing on the other side of the road, and this timber cart came forward, and the driver said d - n you, what do you stand there for, why do not you move your dray? he said he would not; then the prisoner said, I will pull your wheel off; the deceased said do; and I saw him fall, and saw the wheel go over him.

Can you tell whether the prisoner was at the foremost horse or the hindmost-horse? - The deceased was at the foremost horse; I cannot tell which of the horses the prisoner was at, there were two horses in the dray.

PRISONER's DEFENCE.

This man crossed his dray upon me, and I could not get off to turn another way with my cart; I said I shall catch your wheel; he said never mind; then, says I, take care of yourself; I did not know I had touched the man till I had got past.

THOMAS WOODMAN sworn.

I was within six yards at the time this accident passed.

Relate all that you saw, mind to speak the truth, and be as distinct as you can? - The first I saw was the prisoner coming on the proper side of the way, that is the left side, the dray came across upon him, then the deceased stopped, and the other stopped, the dray stopt first.

When the dray stopped, whereabouts was the foremost of the three horses of the cart? - Close up at the back of the dray, as near as possible; the prisoner said d - n me what did you stop here for, get out of the way, and he said he would not; then he said if he did not get out of the way he would pull his wheel off; the man fell down about eighteen inches before the wheel, how he was thrown down I cannot tell, I did not see any thing hurt him.

WILLIAM STUBBS sworn.

The prisoner is my father, I was with him, we was coming in the track on the right side of the way, and the drayman crossed over against us, says my father, what did you cross over so for, there is room enough, draw off; says the drayman, I shall not; says my father, I shall pull your wheel off; and the drayman went to do something to his horse's head, and he turned his head, and gave the man a knock, and knocked him down, and the wheel went over him, I was sitting on the cart.

Which of the horses was it? - The first horse, my father was at the hind horse; I am sure the man was down first before the wheel went over him; I called out to my father, and said whoy, and my father stopped the cart as fast as he could.

Do you think your father could see what happened before you called him? - No, Sir; he was looking forward before him, he had got hold of the horses heads.

THOMAS BRAYLIGHT sworn.

The prisoner is my servant, I have always found him a good diligent and careful servant, and careful in driving; I was not present at the accident, I have seen the place, I have talked to him a good deal, and pretty severely; I spoke pretty sharp, he always appeared very civil; I always thought him a good kind of man, and always employed him when I wanted, on account of his family.

NOT GUILTY .

Not guilty on the Coroner's Inquisition.

Tried by the second Middlesex Jury before Mr. RECORDER.

Court to Prisoner. I hope the unfortunate death, of which you have been the cause, will make a proper impression on your mind, and that you will be careful of your future conduct.

Reference Number: t17860719-84

646. THOMAS CLARKE was indicted for feloniously stealing, on the 13th day of July , a leather portmanteau, value 4 s. a cloth coat, value 10 s. six linen shirts, value 10 s. a pair of nankeen breeches, value 4 s. another pair of breeches, value 3 s. a waistcoat, value 3 s. a pair of stockings, value 2 s. a pair of worsted ditto, value 1 s. a pair of shoes, value 1 s. four neckcloths, value 2 s. two stocks, value 6 d. two half handkerchiefs, value 1 s. the property of Christian Winthurst .

(The witnesses examined apart.)

BENJAMIN GRIMES sworn.

Leaving off work on Wednesday, the 3d of May, between seven and eight, I went with a parcel in the Strand, I called in at the Castle public house, and the prosecutor

and the prisoner were near the box where I sat, and he shewed me a small piece of paper, making motions as well as he could, and I could not make it out, he seemed very uneasy; some time after they left the house, the prosecutor and the prisoner together; I saw them do nothing, only they were together; in about a quarter of an hour after, as I was going home, a little below Temple-bar, between that and Shoe-lane, I saw the prisoner and the prosecutor, and another man together, the other man and the prisoner had hold of the prosecutor by the arm, and the prosecutor had this portmanteau upon his shoulder, and the other, not this man, seemed to be hauling the prosecutor along, and before they came to Shoe-lane the prisoner took the portmanteau from his shoulder; the other two that was with him seemed to force the prosecutor along, till they came quite to the end of Shoe-lane, and there the prisoner, with the portmanteau, run up Shoe-lane, I ran after him, and overtook him, and took him by the collar, and asked him where he was going; he said what was that to me; I asked him whether it was his property; and he said it was, and I had no business with it; I brought him to Mr. Sharp, and he took him into his house; the portmanteau was delivered into the watch-house, to the constable.

Mr. Knowlys, Prisoner's Counsel. Where was it you first saw the prosecutor? - At the Castle in the Strand.

Who was in company with him at the time? - Another man and the prisoner.

Did the other man seem to be acquainted with the prosecutor? - He seemed to talk his language.

The prisoner could not talk his language? - Not that I know of, I did not hear him.

What state were they all in? - I be- believe the young fellow, the prosecutor, seemed rather in liquor.

What weight was the portmanteau do you think? - I do not know, about twenty pound; for what I know, they all appeared to go out in company together.

Did not the prisoner, when you came up with him, appear to be a little in liquor? - I did not take notice.

At that time he had the portmanteau upon his back? - Yes.

Was you by when this portmanteau was taken? - Yes.

Was not the portmanteau taken from the prosecutor's back apparently by his consent at the time? - I do not believe it was.

How far did the prosecutor walk with these two men before the man turned down Shoe-lane? - No time at all, it might be a quarter of a minute when he got the portmanteau.

How far did this man go down Shoe-lane? - He went to the first turning, and turned that way was which is Crown-court.

Do you know whereabouts the Ben Johnson 's head in Shoe-lane is? - Yes.

How far was it from the Ben Johnson 's head? - Not far.

What countryman are you? - A Somersetshire man.

What business? - A carpenter.

When you stopped the prisoner, did not the prisoner say that the property for any thing you had to do with it was his, but that the person who owned it was behind? did the prosecutor make known to you where he intended to go that evening? - He did not.

What time of the evening was this? - Between nine and ten; I said nothing till I caught him by the collar; nobody was there but myself.

PETER QUICKLY sworn.

The first I saw was at a public house in the Strand; I was with the last witness, and saw the prisoner, the prosecutor and another man drinking in a box together; I could not tell the conversation; I was in another box along with Grimes, the prosecutor came up to us with a direction, and asked us if we could tell him; it was somewhere by St. Martin's-lane, but we could not make it out, so the young man was laying on the table, the other man came and took him in his arms into the

box where they were sitting; in a few minutes after the prosecutor took the portmanteau into the tap-room, and sat upon it, and put his hand over his head as if sleepy; and in a few minutes after they went out of the public house; and in about a quarter of an hour after, me and Grimes saw the prosecutor with the portmanteau in the street; we could not hear the conversation; the other man had hold of the prosecutor by the a rms; the prisoner was on the other side; and just before they came to Shoe-lane, the prisoner got the portmanteau; whether he took it from him, or whether he gave it him, I cannot say, I saw no force used; and at the end of Shoe-lane the prisoner hung back, and run as hard as ever he could go up the lane; my partner says this young man is done out of his property; he run after him and brought him back; I came up to him and said, is this your property? yes, says he; I took the property to the owner.

Mr. Knowlys Prisoner's Counsel. Are you a friend of Grimes's? - Only a fellow workman.

An interpreter was sworn, who begged leave to inform the Court that his motive for interpreting was merely humanity, not with any view of emolument. He interpreted the prosecutor's evidence.

CHRISTIAN WINTHURST sworn.

The prisoner and another man took the portmanteau off my shoulder, and ran away with it; he asked me for the portmanteau, and he would carry it for me, but I said as I had carried it so many hundred miles, I could carry it a little longer.

What did your portmanteau contain? - The things in the indictment.

Mr. Knowlys. Where was it that the prisoner first had your portmanteau? - In the large street.

How far in the large street before you first lost sight of the prisoner after he had taken the portmanteau? - As soon as he took the portmanteau from my shoulder, I lost him at once, I saw no more of him; coming back again I saw a parcel of people in the street; I ran up the street, and there I saw another man holding the portmanteau, and he run up and said, that is the man.

How long had you been in company with the prisoner and his companion? - We were a very short time together; we were in that public house three quarters of an hour.

Whether at that time you found yourself intoxicated? - I was not drunk; they had thrown some brandy or gin in my beer, and insisted on my drinking it.

Where did you purpose sleeping that night? - In St. Martin's-lane; I had a direction to one Mr. Slade.

Was not you asleep at the Ben Johnson 's head in Shoe-lane? - No.

Did not you yourself assist the prisoner to get the portmanteau on his back? - No such thing, I would not give it him.

Did you make any resistance when he was taking it away? - No, Sir, he took it off my shoulders, I did not consent to it.

JOSEPH THOMPSON sworn.

Here is the portmanteau; I have had it in my possession ever since it was delivered to me at Guild-hall; it has never been opened.

To Grimes. Was the portmanteau that was delivered to Thompson the same that was taken from the prisoner? - Yes.

To Prosecutor. Is it your's? - Yes.

JOHN POTTER sworn.

Court. Take care what you say? - Yes; on Monday when this affair happened I went to work at Jones's manufactory, Tottenham court road; I worked till between seven and eight in the evening, and took my work into the compting-house; I was coming home a little past nine; just as I came through Temple-bar, I saw three men very much in liquor; I rather took notice of them, especially the tall man, with something on his back; that is the man.

Was the prisoner one of the persons? - He was in company, and walked rather behind them; just as I came to St. Dunstan's

church, they made a full stop; I saw a tall man shift a kind of portmanteau from his back to a short man's back, considerably shorter than himself; and he walked fast, and I walked behind him; I saw the tall man shift it; the other man assisted in putting it on the short man's back; I walked a little behind them, and I saw them pass the end of Fetter-lane; I made the best of my way home; I saw no more.

MARIA SEWELL sworn.

I have known the prisoner eighteen years; my husband keeps the Red Lion in old Bedlam; him and his family are very honest as far as I know.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-85

647. GEORGE TUCKER , HENRY FOSSET , and THOMAS TAYLOR were indicted for burglariously and feloniously breaking and entering the dwelling-house of George Reave , Esq . about the hour of one in the night, on the 24th of June , at the parish of Tottenham, in the county of Middlesex , and burglariously stealing therein two pair of silver buckles, value 20 s. twenty yards of cotton dimity, value 4 l. twenty yards of striped dimity, value 3 l. three yards of plain muslin, value 19 s. 6 d. three pistols, value 10 s. 6 d. one five guinea piece, value 5 l. 5 s. three guineas, value 3 l. 3 s. his property .

GEORGE REAVE , Esq. sworn.

My house was broke open on the 24th of June last; my coach-man came, and seemed much surprised at the nature of the robbery; he said he heard no noise in the night, but that he took this was light, and gave it to my servant; says he I found this wax taper sticking in one of the windows; (Produces a wax taper.) The young woman, Hannah Lyle , came to me, and said I was the second down in the house; the coach man got up to let in a man and horse; I immediately went into the garden, and on one side near the window that had been broke, I found a plaisterer's ladder reared up against the wall; my servants said they knew nothing of it; I discovered on the border in the garden, many marks of people's shoes, and in searching the wall I discovered several branches of the fruit-trees were broke; which appeared as if they had got over the wall that way; when I got to the bottom of the garden, to the door, it appeared to have been forced upon the inside; there was the marks of the chissells, or what they used; I then came back into the house; I lost the things mentioned in the indictment; none of them were found; in the bow parlour, upon the cellaret, I had left, the night before, two pair of silver buckles; the tea-tongs were missing; also in another drawer under the book-case, my wife put some long-lawn, some sprigged muslin, and a purse, containing a five guinea piece, and three guineas of Queen Ann's; one of them was crooked; and the pistols were gone; after searching and putting some of my papers in order, I sent to the bricklayer in the neighbourhood to find out from whom the ladder came; I left information at Bow-street; and soon after my coachman made a confession; he was admitted an evidence; the matter remained over till the Monday morning following; an examination came forwards, and he charged the prisoners as his accomplices; they were among the five that were taken up.

Were you present when he was examined? - I was.

Were the three prisoners all present? - Yes, they were.

Did the coach-man persist in charging them to their face? - Yes, the officer took hold of them, and said, is that the person, is that the person, is that the person; they all denied knowing any thing of

the man, or the transaction; none of the things were discovered; I have not found any of the property.

HANNAH LYLES sworn.

I am a maid servant to Mr. Reeve; I was up at a quarter after six; the coachman was up before me; I went through the house into the kitchen; I saw the stable door was open; I went into the stable, and I found him there; the door was open and the windows; and my master's drawers were all about the room; I know nothing more than the state in which I left the house.

CATHERINE PRINCE sworn.

I fastened this door on the Saturday night, and left it very safe; I observed in what state it was on Sunday morning; the shutter and the hinges were forced from the frame of the window; it could have no force from the outside but from the inside; the coachman was out the night before, and I let him in before eleven; he took one boot off at the door when I let him in; he had it then in his hand.

JOHN LUCY sworn.

I received information of this robbery, and in consequence I apprehended the prisoners on Thursday the 29th of June.

Is there any thing but his evidence that led you to apprehend the prisoners? - No, my Lord, none at all.

Where did you apprehend them? - George Tucker in Goswell-street, the corner of Sutton-street, Thomas Taylor , and Henry Fossett , at the King's-head, Golden-lane; I did not search them at first; they were searched, but nothing was found upon them; I did not tell them for what they were apprehended at first, but when they knew it, they said, they were innocent; they always declared their innocence; the window of Mr. Reeve's house appeared to have been forced from inside, there was no force from the outside.

JAMES SHAKESHAFT sworn.

I apprended two of the prisoners; they always denied it.

- ARMSTRONG sworn.

I never heard these prisoners say any thing about this business; I know nothing but the apprehending them.

Court. Let the coachman stand up.

JOHN SKINNER sworn.

Court. The first thing I have to inform you is, that though the Justice admitted you an evidence, the safety of your life depends on your making a full discovery; now, Sir, what is become of your master's property? - I cannot tell.

Recollect, Sir, for you are not safe, take time, and recollect before you are committed? - I cannot tell where it is gone to.

Do you mean to be believed in a Court of Justice when you say that you do not know where the property is gone? - I cannot tell where it is gone to.

What became of it at the time it was taken? - The three prisoners took it away with them, they were altogether.

Was not you to have your share? - Yes.

Did you never know what they did with it? - No, I never saw them after.

Court to Prosecutor. When did this man first make any discovery? - On the Friday, not till after these men were apprehended, he said nothing to me till then.

Prosecutor to Coachman. On the Tuesday morning following the robbery, John Skinner , where was you going at half after three in the morning? - I was not out of my bed.

Do you remember who you saw near the quaker's meeting? - No, Sir, I was not out of my bed.

Do you remember meeting Siddons the turnpike man and speaking to him? - No, I did not.

Prosecutor. Siddons told me so this morning.

Court. Now, what do you say? - I was not out of my bed at that time.

You persist in that? - I do.

Court. I shall examine you no more, and you shall be tried for your life, though the Justice has admitted you as an evidence; Mr. Newman, take him as your prisoner into custody, and let somebody be sent for the turnpike man.

Prosecutor. I am one of the commissioners myself, and I will write a note for that purpose.

Court. The coachman is still amenable to justice.

Court to Prosecutor. Sir, you need have no uneasiness upon your mind, you have kept your faith with this worthless fellow; he has not made a full disclosure as the law requires; therefore I shall order him to be committed and prosecuted without throwing the burthen upon you.

Court to Jury. Gentlemen of the Jury, these three prisoners are entitled to be acquitted.

ALL THREE ACQUITTED .

Court to Prisoners. You have, if you have any knowledge of this business, had an escape which may be fortunate or unfortunate according as you make use of it hereafter; by this verdict you are now in a state of perfect security as to this robbery, you never can be called in question for it again, whatever evidence may appear against you, and whatever you yourselves shall admit concerning it; therefore if there are any of you that are disposed to make an attonement to the laws of your country, you may make any confession with perfect safety, and it will be a proof to the Court and your Country, that you mean to quit that lawless course of life.

Prisoners. We never saw the coachman in our lives; we never saw him till we saw him at the Justice's.

Court. Let the three prisoners be detained till the call over, and kept separate.

Court to the two Maid Servants. Do either of you know any thing of the coachman's being out early on the Monday morning? - No, Sir, we do not, we were both up together in the morning at two o'clock.

Catherine Prince . I first saw the coachman about six as near as I can recollect in the kitchen; I cannot say whether he came down stairs; he did not come from the stable.

Was the other door of the house open that morning? - I cannot say that it was.

When you came down do you know whether the house doors were fast? - We came past the house door and it was shut, but we did not look to see whether it was fast.

Can it be opened from the outside? - Not that door that goes into the house; there is a hasp that it cannot be opened on the outside; we washed in the kitchen next to that where the door was.

Did you observe whether the door from the kichen was fast when you came down? - It was fast, I cannot recollect when it was open.

Court to Footman. When did you first see the coachman? - We slept in different beds in the same room.

On the Monday morning or the Sunday night was you disturbed? - I never waked on Sunday night till seven the next morning, nor on Saturday night; I heard nothing each night; I very seldom wake of a night; the coachman was up before me; the things were always in the stables with him; yesterday morning I was coming from London to Tottenham, I called at Mr. Armstrong's, and met Mr. Siddons, says he, how do you do, young man? I am glad to see you here again; says he, I wish I had thought on this affair, for on Monday morning after the robbery was committed, I met John Skinner opposite the quakers meeting, at half past three, as I was going on duty.

Siddons the turnpike man came, being sent for.

Siddons. I know the person of the coachman Skinner very well; I have known him four years; I saw him on the 26th of June, I got up about three in the morning to go on my duty, and I met him at half past three, it was quite light; I was quite nigh to him, within three yards; I bid him a good morning, and he bid me the same.

Have you any doubt that he was the man? - No, Sir, I cannot say that I have; I had no suspicion of him; I am sure it was John Skinner .

Did you see him with any body else? - He was by himself.

Did you see any body else that morning? - After I was coming to town that morning,

I asked a man to let me ride, coming to London I saw three men that looked like Londoners, but to swear to the men I cannot; Skinner was going from Edmonton, from his master's house about half a mile.

Had he any bundle in his possession? - Nothing at all in his hand, neither stick nor any thing else.

Court. Let the coachman stand committed by order of the Court to take his trial for burglary the next session.

Reference Number: t17860719-86

648. FRANCIS JENKINS otherwise GIPPEY was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 22d day of June last , in the 26th year of his Majesty's reign, with force and arms, in and upon one William Anderson , in the peace of God and our Lord the King then and there being, did make an assault, and him the said William in and upon the head, and private parts of the body, did strike and beat, and him the said William to and against the ground, did feloniously and wilfully, and of his malice aforethought, divers times feloniously cast and throw, and did also pull and drag him the said William, giving him as well by the striking, beating, and kicking, as by the casting him to and against the ground aforesaid, in and upon the head, and private parts of the body, divers mortal wounds and bruises, of which he languished to the 2d day of July, and languishing did live, on which said 2d of July, he, the said William Anderson , of the said mortal wounds and bruises aforesaid, did die, and so the Jurors aforesaid say, that him the said William Anderson , he the said Francis Jenkins otherwise Gippey, feloniously did kill and murder .

He was also charged on the Coroner's inquisition with the said murder.

WILLIAM WILKS sworn.

On the 22d of June, between four and five in the afternoon, there was one Thomas Blake and his son and I at the horse trough, and the deceased, William Anderson was just at the entrance of our yard, he stood there talking with some of our people, but I cannot tell particularly which; he was a dustman, and had just shot a load of dust; his cart was at the dust hole, a little way from him; the prisoner came over the way from the Coach and Horses, and spoke to William Anderson , and says to him, why don't you come and speak to this man over the way; and Anderson says, it is of no use for me to go, for I have no money to pay him; and then the prisoner went up to him and said, you b - r I will make you go, and struck him at the same time.

Did he go up to him in a threatening angry manner? - I am not positive; but by the manner it must; he then struck him immediately.

Where did he strike him? - He struck him on the side of the head.

What did the deceased do upon that? - He rather drew back from the blow, and rather smiled, but Jenkins followed him up, and gave him a blow with the same hand on the head, and at the same time his foot went crossways of his private parts.

Do you think he meant to kick him there or did he only mean to trip up his heels, can you describe a little more particularly in what manner he kicked him? - His foot went crossways.

Do not you think he meant to trip up his heels? - A man meaning to trip up a man's heels could never be so high as that I think.

What was the consequence of the second blow? - He reeled round and fell backwards into a cart which stood with the tail to the ground.

Was it his own cart? - No, it was another Cart; and the prisoner went to him and said, you b - r I could fight you with one hard, when he was laying in the cart; and the deceased answered, let me alone, for I am not able to stand against you, you have pretty well done for me already; the prisoner then pulled him out of the cart.

Had it the appearance of lifting him out

the cart or dragging him out? - It had not much the appearance of lifting him up, it was more in the manner of pulling him out; after he pulled him out of the cart he set him on his legs and he fell down afterwards; after that he took him round the arms and drew him across the road, to the Coach and Horses, between twenty and thirty yards; I did not like to interfere in it; there were more present that might have interfered as well as me; he took him into the house.

Did the man when he fell into the care seem very much hurt? - Yes, he did, he changed countenance, and put his hands across; he seemed to be very much hurt by the kick, I do not think he was much hurt by the blow; he fell from the kick into the cart.

If he appeared to you at that time to be much hurt, why did not you interfere? - I did not like to interfere in it with such sort of people; they might have done me an i njury as well as another; there were others there might as well have interfered as me.

Did the prisoner say any thing at any time about his having hurt him, or not having hurt him? - Not that I know of.

Did the deceased strike the prisoner at all? - Not in the least.

Are you sure the prisoner never said any thing about having hurt or not having hurt the deceased? - I did not hear him say a word.

You have been examined before? - Yes.

Was the account you gave then a true one? - Yes, as near as I can recollect.

Did the prisoner say any thing about Anderson? - Not that I ever heard, I never heard him say that he had hurt him or had not hurt him.

Did any body join with the prisoner in this? - Yes, one Boulton was in the cart; when he was pulled out, one of them said, I cannot tell which, when he was set on his legs, the b - r was not hurt; that was when he was pulled out of the cart.

Who was Boulton? - He was another dustman; they were all dustmen together.

Did the deceased make use of any provoking language? - Not a word, which I was amazed at, as he was a very swearing man.

Prisoner. Where was Boulton when I came out of the Coach and Horses? - I did not observe, you came out with a knife and a bone in your hand.

Jury. When the prisoner came out with a knife in his hand, if he had been maliciously inclined, and had a mind to take away the man's life, he had an opportunity? - He had a knife when he came over; he put it out of his hand, he made no use of it against the prisoner.

Court. I fancy you will find that he did not intend to take away the deceased's life; but there will be another question; murder may be committed without absolute and direct intention of taking away a life.

THOMAS BLAKE sworn.

I am a dustman; I was present when this unfortunate affair happened, I was standing at my shed door, on the right hand side, very near the deceased; the deceased had just been and shot a load of dust, then this prisoner came from the Coach and Horses, and asked the deceased the reason he did not come and settle a reckoning they had had before; Anderson said I have no money, it is of no use for me to go over; the prisoner then struck him on the side of the head, the deceased seemed to smile, then the prisoner up with his hand, and struck him again; then he gave him a kick.

Did the prisoner make any answer to the deceased when he said he had got no money? - No; he struck him without saying any thing.

Upon that blow did either of them say any thing? - No; Anderson seemed to make a smile, upon which the prisoner struck him again directly, and as soon as ever struck him, he made a swinging kick at him, and kicked him in the private parts, and he turned round and fell into a cart; it was not a kick straight forwards.

Do you think he meant to trip up his heels? - It seemed like it.

Court. Did it appear to you as if he aimed at his private parts, and meant to kick him there? - No, it did not.

After the second blow and the kick what happened? - When he was in the tail of the cart the prisoner threatened to fight him with one hand, and the deceased said he was not able to stand, for he had done for him already.

Did the deceased appear to you to fall backwards by the force of the blow and kick? - He reeled round and fell into the cart; then I went away to carry a bushel of cinders, and when I returned I met them drawing him across the road, that might be about three minutes, I did not go above thirty yards, the prisoner had the deceased under the arms, and was drawing him across the road.

Describe as near as you can in what manner he was drawing him across the road? - He had him under the arms, and was drawing him along, he drew him against the steps.

Take hold of that man that stands in the Court, and shew me how he dragged him? - He dashed him against the steps. I did not see him thrown down violently, but he let him slip down, he threw him down like upon the steps, he let him go, and down he dropped.

Not as if he meant to do him a mischief, not like dashing him down? - No.

After the deceased told him that he was not able to fight him, and that he had pretty well done for him already, did the prisoner offer to strike him after that? - No; he did not.

Did you see any more? - No, not then; this was on the Thursday; on the Sunday following a woman came and begged of me to go and cut off the deceased's beard; I went, and found him in bed, and on the hind part of his head the hair was all cut off the back part of his head, and there was a very large bruise, as broad as the palm of my hand, and as black as could be; I saw no bruises any where else; he complained much of his head, and appeared light-headed; while I was shaving him, he said, gentlemen, pray do not squeeze me so hard; he said nothing to me about the hurt, nor I did not say any thing to him.

Jury. You did not observe his head hitting against the stone, when he let him down on the steps? - No, I did not; I saw him on the Monday; I then saw the place again, and in the middle of the place there were three specks, like three drops of tallow.

THOMAS BLAKE , Jun. sworn.

I saw the prisoner come across the road and speak to the deceased, and ask him to come across the way and settle the reckoning that they had, and the deceased said it was of no use to come, for he had no money.

Then the prisoner had some concern in the reckoning? - Yes.

Was it at all explained what that reckoning was? - No, Sir; it was an old reckoning; then the prisoner said no more to him, but up with his fist and hit him on the side of his head, and with that the deceased drew back, and made a smile, and he up with his fist and hit him again, and kicked him at the present time he hit him.

Describe in what manner he kicked him? - He made a kick at him and kicked him right across here.

Did he kick straight at him? - No; his foot came askew at him, he kicked above his heels, he kicked at his thigh; it did not seem to me to aim to trip up his heels, he did not kick straight at him, but askew.

What was the consequence of that blow and kick? - He fell down into the tail of a cart with the vengeance of the blows and kick; then the prisoner Jenkins came up, and run his fist in his face, and called him a b - r, and said he would fight him with one of his hands.

What did the deceased say to that? - He said he was not able to stand against

him, for he had almost done for him already; then the prisoner took him out of the cart, and set him upon his legs, and he fell down, he could not stand with the violence of the kick; then he took him under the arms, and drew him all across the road, after he had drawn him all across the road, he let him drop on the steps.

Describe as near as you can the manner in which he let him drop on the steps? - He did not fling him down with any force, he only let him drop with his own weight on the steps, he did not fling him down as I saw.

Was you all brother workmen together? - I work for another man.

When he tumbled backwards into the cart, did he fall with violence? - Yes.

Did his head hit against any thing then? - Yes; he fell with great force, and the back part of his head hit against the bottom of the cart.

GEORGE STRINGER sworn.

I was present when this happened, I saw the prisoner come up to Anderson, but I was not near enough to hear what he said, I saw him strike him.

How often? - Once.

What more did you see? - I saw him kick him on his private parts.

In what manner? - I cannot tell how it was done, I was not so near him as the other witnesses.

Did you see the deceased at the public-house afterwards? - Yes; he recovered after he came over.

How long after? - I cannot say how long it was, it was the same day within about three quarters of an hour; there was me and the prisoner, and the deceased, and another man, we were drinking; the prisoner and I was playing for a pot of beer, and I won the pot of beer of him fairly, and the prisoner wanted to cheat me out of it, and it came to a quarrel, the prisoner struck me, and I struck him, and we went out to fight a battle, and a gentleman gave us some silver; after our battle was done, says he to the deceased, I will knock your head off with one hand, and the deceased said you have no occasion to take one hand for I will fight you with both.

Did they fight? - Had it not been for the landlady of the public-house, and me taking him apart, they would have fought.

Was the prisoner sober at this time? - No, Sir, he was not, far from it.

Was he sober at the time when he struck the prisoner? - No, Sir, far from it.

He was considerably in liquor? - Yes; very much so; the deceased and me went out the next day for a load of dust.

Court to Wilks. Did the prisoner appear drunk or sober when this happened? I do not know how he was, for I cannot tell many times when they are drunk, or when they are sober.

Blake, senior. He was neither drunk nor sober, he was rather forward in liquor, not very drunk, but muddle headed.

ANN ANDERSON sworn.

You are widow of this unfortunate man that was killed? - Yes.

What time did he come home in the evening after the accident? - About nine o'clock.

What situation was he in that evening? - He said, when he came into the room, he was not well, and he sat down on the bed, he did not say any thing to me that night, only he was not well; he got up and went out the next morning, along with me, I work in the same yard.

How long was you at work? - About three hours; he complained very much in the morning, and was very ill; I persuaded him not to go out.

Did he say to you at any time how he got the hurt; what hurt did he complain of most? - When he came with the horse and cart into the yard, he supported himself up by the head of the horse, he appeared to be a dead man; the first complaint he made, was, that this man kicked him in his private parts.

After that, when he grew worse, what did he complain of? - A violent pain in his head, he did not mention any part.

Did he mention to you how he himself

thought he had got the hurt in his head? - Not till the Sunday following; he desired me to look at the top of his head, which he said was much hurt; I cut the hair off the top of his head, and asked the other witness to shave him, and when the man shaved him, he asked him whether it was not the ill usage he received from the prisoner, and he said yes.

Did he at any time describe to you in what particular manner he got the bruises at the back of his head? - Upon his death bed he told me that it was by his dragging him across the road, and dashing his head down against the edge of the stones; that was what he said about five hours before he died.

When did he die? - On Sunday was three weeks.

That was the Sunday se'night after the accident happened? - Yes.

Mr. HODGES sworn.

I think I was sent for the 27th, to the Marybone infirmary, I think it was on the Tuesday, but I cannot particularly say.

In what condition did you find this man? - I found one side of his head particularly very much bruised, his face, and head, and eyes were very much swelled; he had a great deal of fever about him at that time.

Did you find any other particular bruise that attracted your attention? - Not particularly.

Do you recollect, particularly, a large wound on the back of the head, near the top? - This was on the side towards the back, that was the principal bruise.

Had he any delirium? - The nurse told me he appeared at times to be what she called wandering; when I first saw him he answered my questions perfectly sensible; the young gentlemen of the hospital had seen him before, I bled him, and attended him from Tuesday till the Sunday morning; I heard on Monday morning that he died on that night.

How soon did you apprehend any thing like mortal symptoms coming on? - Why, Sir, from the first time I saw him I apprehended particular danger; in the first place the quickness of his pulse, and the next day I found him with a great degree of delirium, and an increase of fever.

Did you apprehend a fracture? - I did apprehend that there was a fracture, and I made an opening down to the bone, and found no fracture.

Was there any suppuration? - Yes; there was a large quantity of matter between the scull and the scalp.

Was it on the fleshy scalp, or on the membrane that surrounds it? - It was exterior to the pericranium.

Was the pericranium very much inflamed? - Considerably so.

Did it terminate in a mortification? - Not absolutely so, but tending as much as could be.

What did you in your judgement apprehend to be the immediate cause of his death? - I should suppose from the injury he had received from his head whatever it was; from the violence of the blow or bruise whatever they were.

That was probably the primary cause, but what I mean is this; did you find any thing on the brain? - Yes, I did; I found the membrane that covers the brain very much inflamed.

Any matter formed within? - No; but the vessels were filled very much with blood.

Prisoner. Ask the surgeon whether the man had not the venereal disease very bad? - I never heard of any complaint of that; the injury on his head was the cause of his death.

PRISONER's DEFENCE.

I and another man were drinking at the Coach and Horses, and we saw Anderson stand across the way, just by the water trough of the red-lion, says he, go and fetch him over to have some beer; I went and laid hold of his arm, says I, Billy come and have some beer, says he, I have no money, says I, never mind that, if I ask you to drink I do not ask you to pay, and I

took hold of him, and drew him along; then he hit me a knock on the head, then I hit him another, then he up with his foot, and gave me a kick over the shin.

Court to Prisoner. Consider in making your defence that there were a number of people present, and unless you can call witnesses to prove your defence, you will not do your case any good.

Prisoner. So far as hurt the man I did not mean to hurt him any more than my own brother; I was in liquor, I had been drinking all day.

Court. Have you any witnesses here that saw the affair? - Only the gentlewoman of the house.

MARY GODLY sworn.

I keep the Coach and Horses at Paddington; I did not see this affair happen out of doors, I only saw it after they came in; there was a fight, a quarrel arose, that was the first that I saw between a stranger and the prisoner; they fought; after they came in, the deceased and the prisoner would have fought; I would not let them.

Was the deceased as willing to fight as the prisoner? - He was; I laid hold of his jacket to keep him from the other; he went away some time, and came again and drank out of the same pot, and he sat down and drank for some time; he called me out of the bar, and gave me a shilling; I took the pot of beer out of it, and I had a remarkable small six-pence, and he said that would do very well, and he said Nancy had been out all day a drinking, and had been drinking part of the week; the prisoner had been at our house about an hour; he was very much in liquor; the deceased had not been at our house for some time.

Prisoner. The second day I went to see how the man was? he did not want any thing; I asked him to drink a glass of wine or any thing; a woman that lived in the house came up, and said his wife had been out all day, and had brought him bite or sup.

Is that woman here? - No.

Court to Mrs. Godly. How long have you known the prisoner? - Four months; he is as quiet as any that comes to the house; I never saw any other; I never heard that he was malicious.

Prisoner. A day or two after I said to Boulton, if the poor fellow is so bad, I will put in a shilling on Saturday-night, and you put in what you like, and we will make a gathering for him.

The prisoner called three other witnesses, who said he was a quiet peaceable man, not malicious nor revengeful.

Court to Jury. Gentlemen, it seems to be necessary for me shortly to state to you the general outlines of the law on this subject: the killing of a man is always criminal, unless it is altogether involuntary or is in self-defence against a person who is doing an unlawful act: it is criminal in a vast variety of different degrees; the killing of another which amounts to felony, may be either felony or man-slaughter; a killing which is the result of deliberate malice, or what the law calls malice prepense, is in all cases murder; a killing short of that not justifiable, which is either done on a sudden provocation, or where there has been no provocation; where it is done in a manner that does not argue malice, is an offence of a lesser degree, under the denomination of manslaughter; however, by malice prepense the law does not necessarily imply a direct and deliberate intention to kill, for whereever that exists the case is put out of all doubt, and there is no difficulty in the consideration of it; but there are degrees of malice far short of that, which if death ensues, amount in the eye of the law to murder, as where a man kills another in the prosecution of an unlawful and felonious act; there, though he did not actually intend to kill the person he has killed, yet the felonious intention with which the act was accompanied supplies that malice which the law requires, and every killing with a felonious intention is

in the eye of the law murder; again, where a man either without provocation, or on a very slight provocation makes use of a weapon or an instrument which is likely to occasion the death of the person to whom it is used, to effect a purpose which was short of death; if it is done without provocation, or on a slight procation, and death ensues, it is murder: there is another violence that is murder, which is, where a person in consequence of a previous resentment which has a degree of malice in it, attacks another with the intention of doing him some personal injury short of death; that being in the prosecution of a deliberate intention to do him a personal injury, if death ensues, the party is answerable for it, and guilty of murder in strictness of law; because he was prosecuting unlawfully and maliciously a deliberate intention to do the person some mischief; and where a man on a slight provocation, or on the sudden without provocation, gets into a quarrel with another, and prosecutes it with such a degree of cruelty and violence as is likely to produce fatal consequences, in that case, though the first beginning of it is not so criminal, if it is prosecuted with that degree of cruelty and violence, and death ensues, it has been justly accounted murder; the case that you are now to try will come within one or other of the two last descriptions that I have stated to you; (Here the learned Judge summed up the evidence, and added) it is perfectly clear from the evidence, that this prisoner did not intend to kill the deceased; and the questions for your consideration are first, whether you think that at the time he came over to the deceased, he came over with a preconceived and deliberate purpose of doing him a bodily mischief short of death; for if you are of opinion that he came deliberately and coolly over to beat this man without sufficient cause, death ensuing that will make it, in my opinion, murder; or if you are of opinion that he did not come over with such intention, but are of opinion, that he dashed his head against the steps with intention of doing him a further mischief, I am of opinion, (if it arose from cool and deliberate malice on the part of the prisoner, though void of intention of prosecuting that malice to death) it will be murder; if you think there was no cool and deliberate malice of any kind from the prisoner to the deceased, but what happened was on the sudden, taken up in the moment, without using a deadly weapon, and without intention of of killing, then it is not murder.

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

GUILTY. Of manslaughter, but not of wilful murder , both on the indictment and Coroner's inquisition.

Tried by the second Middlesex Jury before Mr. RECORDER.

Foreman of the Jury. Prisoner, I beg you will down on your knees and thank the Judge for his candour and attention to the circumstances of your trial.

Court. Prisoner, your case is by no means free from a very considerable degree of guilt, for you have most rashly, and with a great deal of brutality, and without any provocation to excuse it, been the cause of this poor man's death; I hope the reflections of your own mind in so unfortunate a situation will be a severer punishment to you than any the Court can inflict upon you; but I think it right for the sake of example, and for the sake of justice, that you be imprisoned for twelve months in his Majesty's gaol of Newgate .

Reference Number: t17860719-87

694. ELIZABETH JONES and MARY ABSOLOM were indicted for feloniously stealing, on the 18th day of July last, one pair of women's stuff shoes, value 2 s. one pair of stockings, value 18 d. one cap, value 6 d. and one half handkerchief, value 6 d. the property of Thomas Jones .

THOMAS JONES sworn.

I know the prisoners; they came into my shop to buy two gowns last Monday was a-week, in the forenoon; they bargained for two gowns, and left 6 d. earnest; and whilst they were having them tried on, they stole the goods mentioned in the indictment; I missed the things the moment they were gone.

Did you follow them? - No, I did not.

Did you send after them? - No, they came back for some things, and I charged a constable with them who was going past the door.

Did you search them? - No, I was told where the things were pawned; I saw them about five minutes before; I had no customer from the time they came out to the time they came back.

FRANCIS FLEMING sworn.

I have the shoes; they were pawned by a little girl last Tuesday.

Mr. Akerman. My lord, she is committed as a receiver.

Is any bill found against her? - No.

Court. Bring her up.

(When brought out of Newgate, she appeared a miserable little child.)

Who committed this child? - Sir Edward Bindloss .

Court. How old are you? - Eleven.

Do you know the nature of an oath? - No.

Do you know what will happen to you if you swear falsely? - No.

Have you ever learned to read? - No, Sir, I cannot.

Have you ever been taught your catechism? - No, Sir.

Whose child are you? - Mr. Myles's, he is a porter in Petty France, Westminster; he has three more besides me.

Have you a mother? - Yes.

Have they been to see you here? - No, they knew I was taken to Clerkenwell; I do not know whether they know I am here.

Court. Let this child be detained till the call over.

Mr. Sheriff Sanderson. My Lord, I will take care of her.

Court. That is very humane of you Sir.

Prisoners. We know nothing about it.

BOTH ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860719-88

650. MARY JONES was indicted for feloniously stealing, on the 17th day of June last, five shillings, in monies numbered , the property of John Irvin .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860719-89

651. JOSEPH TIMMINGS was indicted for feloniously receiving, on the 3d day of June last, one iron gate, value 20 s. belonging to William Raine , from a certain person unknown, well knowing the same to be unlawfully come by .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860719-90

652. JOSEPH WRIGGLESWORTH was indicted for feloniously stealing, on the 4th day of June last, six live rabbets, value 6 s. the property of Samuel Sewell , the same being kept and confined in certain hutches .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860719-91

653. ISAAC GOUGH was indicted for feloniously stealing, on the 19th day of June , one brown gelding, price 2 l. the property of Richard Lee .

(The witnesses examined apart.)

RICHARD LEE sworn.

I live at Farnborough; I lost a brown gelding the 19th of June from Farnborough-Common .

When had you seen him there before? - At nine the evening of the 19th; I missed him at eight the next evening; I found him again at the Rose, in Smithfield, about ten days after I lost him; I know not how he came there; I have seen the prisoner in the country, but not at that time; I am quite sure the horse I found at the Rose was my horse; he was crop eared and broken kneed, and blind, and a hand brush tail.

Any white legs? - No.

CHARLES SHORTER sworn.

I am a day labouring man; I came to Smithfield to sell a horse; I saw this horse in Smithfield on the 30th of June exposed to sale; there was a boy on the horse; he said, here is my father, and his father went and fetched the owner; then I took the prisoner down to the Rose.

Did the prisoner say he was the owner of the horse? - Yes.

What did he say? - He said, he bought him at Cambridge fair, and gave a guinea and an half for him; he was exposed openly to sale in the market; I am sure it was Mr. Lee's horse.

JOSEPH DODD sworn.

I am a patrol of St. Sepulchres; I asked the man how he came by the horse, and whether it was his property; he said it was; I then asked him where he bought it, he said, at Cambridge fair, and he gave a guinea and an half for him; I asked him if he had tolled the horse in the fair, he said, no.

EDWARD RYLAND sworn.

I know no more about it than taking the prisoner; he told me he bought him at Cambridge fair; and that nobody saw him buy him; and that he never tolled the horse, which I understand to be booking of him.

When is Cambridge fair? - On the 24th of June.

PRISONER's DEFENCE.

I bought the horse at Cambridge fair of a tinker; that is the receipt he gave me for it; I cannot read.

(Handed up to the Court.)

Have you ever sent for this man? - It is impossible for me to send for him; I do not know where to find him if I had; when I brought this horse up, I gave him to one John Hendrick to sell for me; he will give me a character.

JOHN HENDRICK sworn.

I know the prisoner; he buys and sells low priced horses; and I have sold two or three for him before this; I never heard a bad character of him, he always paid me.

The prisoner called another witness to his character.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-92

654. RICHARD DOBSON and ELIZABETH DOBSON were indicted for feloniously stealing, on the 26th day of April last, three linen sheets, value 10 s. the property of Samuel Lewis , in a lodging room .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860719-93

655. THOMAS DENHAM and ANN DENHAM were indicted for feloniously stealing, on the 13th day of June last, one woman's printed cotton gown, value 20 s. a laced cloak, value 30 s. a pair of laced ruffles, value 6 d. a pair of robins, value 6 d. and a stired muslin apron, value 4 s. the property of John Balls , in his dwelling house .

JOHN BALLS sworn.

On the 13th of June, between three and

four my wife was going up stairs, as she thought she had lost her clothes; she told me, and I suspected the prisoners, and got a search warrant; the prisoners were out; I waited till they came home, which might be about two hours after; I got a constable to execute the warrant; the prisoners lodged in my house; I was not in the room when the room was searched; I did not see the things found.

Court. The prisoners are man and wife? - Yes.

HANNAH BALLS sworn.

I know the prisoners perfectly well, they lodge with me; they came to me as country people; on the 13th of June I was going out in the afternoon; I went into a back room where I usually kept my clothes, and looking in a box, I missed my cloak; I then looked and missed a chintz gown, a corded dimity waistcoat of my husband's, a dark cotton gown, a black silk cloak, an under dimity petticoat, a shift, and many things which were never found; a pair of laced ruffles, a bit of lace, a pair of laced robins; I was present when the room of the prisoners was searched by the constable, there was a chintz gown found which was my property, that was under the bolster of the bed; a cloak, a pair of robins, and a bit of lace were there also; no more was found in my presence; the prisoners were both at home when the search was made; the man said, he knew nothing at all of the matter, and the woman said, she knew nothing, but the man immediately answered and said, for God's sake, if you know any thing of this case, or if you have any thing that belongs to Mrs. Balls, for God's sake, give it her; the woman immediately followed me on the landing place, and in the presence of two or three people said, for God's sake forgive me, and I will make good all you have lost; I saw on Friday one gown in particular; I missed them on the Tuesday.

Then you have no knowledge yourself what time they were taken? - No, they were taken either Friday or Saturday.

Do you know at all whether the man was at home at the time or not? - I believe he was not at home, because he was frequently at the latter end of the week working at his business.

What is his business? - He is a journeyman taylor.

Mr. Knowlys, prisoners counsel. You cannot pretend to say but you might have lost different parcels of it on the Friday, and on the Saturday? - I cannot say, they were things I did not immediately want, therefore I did not look after them.

WILLIAM ASHLEY sworn.

On Tuesday in the afternoon this woman came to me, and desired I would come to their house; I am a constable; Mr. Ball gave me a warrant to search his lodgers room; I went up stairs, and with my fingers I knocked at the door; the prisoner opened the door; they were both standing by the fire side; I made them acquainted with my business; I desired them to give me any thing they had; Mrs. Ball came into the room and turned down the bed, and found a bundle; the man said to the woman, before the bundle was found; I know nothing of any thing of any body's but our own, save the furniture; but he said to his wife, if you have any thing, for God's sake, give it up; he said so, speaking in compass, twenty times; the woman said, she had nothing at first; when this bundle was found, she fell a crying very much, and desired Mrs. Balls to leave the room; I then held the bundle in my hand, and asked the woman if she had any thing more, and out of her pocket she gave me this white apron.

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

ERRATUM. - No. VI. Part VI. page 930, in the Trial of Joseph Wild, instead of

"Transported for fourteen years," read

"Transported for seven years."

Reference Number: t17860719-93

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 19th of JULY, 1786, and the following Days;

Being the SIXTH 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 VI. PART VIII.

LONDON:

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

MDCCLXXXVI.

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 Thomas and Ann Denham .

A WITNESS sworn.

On the 13th of June, Mrs. Balls came to me, and said, she was robbed; then I said, get a warrant; and take all your lodgers up; I got a warrant; and I know nothing more; on the 19th of June I saw the woman in the room where these things were stolen from; that was the Friday before; Mrs. Balls was at home nursing the child; she was not in the room; I saw the woman in the room, she looked at me at the door, the door was close to the stairs; I shut to the door; I went by and said, I beg your pardon, be you who you will; the woman saw me, and I saw her; I cannot swear it was the woman, but a monstrous likeness.

PRISONER THO. DENHAM'S DEFENCE.

I never saw any thing of the property till the constable came.

PRISONER ANN DENHAM 'S DEFENCE.

I found the things coming home on the stairs, the apron tumbled out, and I put it in my pocket to go down to shew it to Mrs. Balls; my husband was not at home, and she was busy in the shop; my husband did not come home till ten; on the next day my husband and I went out, and on our returning back we found our door had been broke open; I said, I knew nothing of any thing of Mrs. Ball's, but I owned to the property: the stairs being a thoroughfare, I did not know but somebody might have dropped them; for there were people passing.

Court to Prosecutor. What was the value of those things that were found? - I value those that were in our presence at two guineas and a half.

Court to Mrs. Ball. How came you to know the bundle was in the bed? - I went to the bed to search for my sheet and blankets.

Had you been in the room before? - Yes, I had; it was by order of Justice Abbington; he said, in case it was my own furniture, I had a right to go in and examine whether my blankets and sheets were there.

The prisoners called one witness who gave them both a good character.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860719-94

656. MARY BURK was indicted for feloniously stealing, on the 10th day of June last, one watch in a gold case, value 8 l. the property of Stephano Rensetti , privily from his person .

An interpreter was sworn, who being very deaf, Mr. Oney, the physician of Newgate, was sworn interpreter.

STEPHANO RENSETTI sworn.

I lost my watch, on the 10th of June, on Saturday about half past ten, the prisoner took hold of me by the arm; I was in liquor; she asked me to treat her with a pint of wine, I said, I would; I went into a tavern, but I do not know what tavern it was; we continued there nearly half an hour, during which time we had a pint of wine.

Are you sure you had your watch when you went in there? - I am sure I had it then.

Did you perceive her take the watch? - No.

How soon did you miss the watch? - Not till I came out of the tavern, and was going through the alley.

What did you say to her when you missed your watch? - She was gone before I perceived I had lost my watch; and I saw her no more that night.

How soon after was she taken? - The next day.

Mr. Scott, Prisoner's Counsel. What company had you been in before you met the prisoner? - None.

Had not you lost a gold snuff box before you lost your watch that evening? - After I lost my watch three or four women got round me and pushed me from side to side; and then I lost my box.

Had not you been in company with other women, and with that very man that is now a witness? - With no other women, nor with the man.

THOMAS BANKS sworn.

I am a watchman in Parliament street, this gentleman came to me about half past ten, and said, he had been robbed the night before of his watch, and the person was gone through Privy-gardens, I refused to go, because it was out of my bounds, and in another parish.

Court. Why so? - I said, bring the person to me; I have been checked for it.

By who? - By the church wardens.

Court. Then I am sure the church wardens ought to be checked by the Court of King's Bench.

Watchman. The prosecutor told me the person that robbed him was in Privy-gardens, and run into a sentry box; the woman was brought to me, and I took her to the watch-house, I searched her but not minutely, as the robbery was done the night before; she denied robbing him; she owned he had been with her the night before, and had given her a couple of shillings and a pint of wine.

LEWIS ROSSE sworn.

I saw this gentleman the next day after the robbery, he was crying; I asked him what was the matter; he said he had been robbed the night before of his snuff-box, and his gold watch; he told me the whole, I advised him to go to the spot where he had the woman; I went along with him to find the woman; I secured her myself.

Did you ever hear her say any thing about the watch? - No, she denied it; when we came up to Privy-gardens I heard the woman say here is the man, I must run; and accordingly she run into a sentry box.

Who did she say so to? - To some other women that were there.

Mr. Scott. What time of the evening was it when you went with your friend? - Between ten and eleven.

Was it dark? - It was.

There were several other women besides this woman? - Yes, and they all fell upon me.

As it was dark, and there were several other women, how can you swear it was that woman hat said, here is the man?

MICHAEL GRIFFIN sworn.

I read an advertisement in the paper about

a watch, and I happened to go to Tothil-fields bridewell, and this prisoner had a note to carry to a man that bought the watch, his name was Farder, a shoemaker; I read the note, and I enquired after Mr. Rensetti, and gave him the note.

(The note read.)

"I shall be obliged to you to send me a

"a trifle of money to Newgate, I have

"not a person to give me a farthing, and

"you must be sensible you have not given

"me the value of the watch. I am, Sir,

"your humble servant, Mary Burke . I

"shall be glad you will ask Mrs. Bailley

"to let me have my hat."

Mr. Scot. That note might refer to any watch in the kingdom? - The shoemaker has absconded, and the watch has never been found.

SUSANNAH LOVEL sworn.

The prisoner came to my room on Sunday morning, very much in liquor, and asked for a little boiling water for tea; I told her yes; she had not been in my room above five minutes before Mr. Farder, the shoemaker, in Rye-street, followed her in, and she took a watch out of her stocking, and gave it into his hand to look at, he tried it with a match, and said he did not t hink it was gold; he offered her a guinea and half for it; and she said she would take it; he went out of my room with it; he came back again, and said he had tried it, and it was not gold, and if he bought it, he must get two or three shillings by it, and he would give her no more than twenty-five shillings; and he sent the twenty-five shillings in by a woman.

Did she say how she came by this watch at all? - No; that is all I heard.

PRISONER's DEFENCE.

This gentleman came to me on Saturday night, between twelve and one, and he asked me to drink a glass of wine; I refused it several times, he was rather in liquor, he called for a pint of wine; we went, and he said it was rather too late to stay; he came down stairs and kissed me, and wished me a very good night; he told me to meet him the next night; I went there, and he came the next night, and said I had robbed him; and he took me up; they searched me; I had no money about me.

GUILTY .

Privately whipped , and confined to hard labour twelve months in the house of correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860719-95

657. ANN THOMSON was indicted for feloniously stealing on the 4th of of June , one silver watch, value 3 l. and four shillings and six-pence in money , the property of David Houghton .

DAVID HOUGHTON sworn.

I am a soldier ; I lost my watch; the prisoner took it from me, I met her at Westminster between twelve and one at night on the 4th of June; I agreed with her to go home to her lodging, and we went into an ale-house which was within two or three doors of her lodging, and had a pint of ale; and she went to get a light to her room, and while she was gone I counted my money, four shillings and some halfpence, and when she came down I paid for a pint of beer, and the landlord asked me what it was o'clock, and I looked at my watch, and it was one.

What public house was this? - It was in Duck-lane; I believe the landlord's name is Coleman; then we went up stairs, and I stripped off my clothes, and put the chain of my watch round the button of my waist-coat; the door was locked; and we went to sleep; and I waked at four; and the door was open; and she was gone, and my watch and money; I had been drinking a little that day, but I was perfectly sober; I went and got a warrant on Monday, and took her up; she would not own to it; on Monday she sent for me, and another lad went with me, and she confessed.

Did you promise her any favour if she

confessed, in order to induce her to confess? - Yes, I said, if she would tell; I desired her to tell.

Did not you tell her it would be better for her? - Yes, I did.

Then say nothing about her confession.

BETTY BRAMKALL sworn.

I am a niece to a pawnbroker; I never saw the prisoner; I took this watch from one Simon Connel ; he is not here.

Prisoner. I never touched the watch at all, nor I never owned it; my witnesses were here all day yesterday.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860719-96

658. THOMAS GRAY was indicted for that he, together with WILLIAM BAKER , JOSEPH HICKS , DAVID ANDREWS , THOMAS BREWER , WILLIAM KINGDOM , HENRY SALISBURY , JOHN FOGARTY , and THOMAS JONES , and divers others to the number of three and more, on the 22d of April, 1785 , with force and arms, at the parish of Stoke Damarell, in the county of Devon , being armed with divers sticks, fire-arms, and other offensive weapons, six gallons of foreign geneva, being uncustomed goods, and goods liable to pay duties, which were not paid or secured, unlawfully riotously, and feloniously did take away from Thomas Kingsforth the elder , Thomas Kingsforth the younger , and Thomas James , officers belonging to his Majesty , after seizure of the same by such officers as aforesaid .

A second count, For that he, with the same persons did assemble themselves together, in order to be aiding and assisting in taking away the said brandy from the said Thomas Kingsforth the elder, Thomas Kingsforth the younger; and Thomas James , being such officers belonging to his Majesty, after seizure of the same as being such officers as aforesaid, against the form of the statute.

He was again charged for that he, together with the same persons, on the same day, and at the same place, being armed with offensive weapons, to with, with certain large sticks, bludgeons and clubs, &c. did aid and assist certain persons whose names are as yet unknown, in rescuing and taking away from Thomas Kingsforth the elder, Thomas Kingsforth , the younger, and Thomas James , six gallons of foreign geneva, being uncustomed goods, after seizure, being such officers as aforesaid, against the statute.

A fourth count. That on the same day, and at the same place, Thomas Kingsforth the elder, Thomas Kingsforth the younger, and Thomas James , being officers of the excise of our lord the King, did lawfully seize six gallons of foreign geneva, duties not paid or secured, and that the prisoners and others, on the same day, and at the same place, being armed with offensive weapons, &c. unlawfully, riotously, routously, and feloniously did assemble and aid and assist in rescuing and taking away from the said Thomas Kingsforth and others the said six gallons of foreign geneva, after seizure thereof by them, against the statute, and against the peace.

Counsel for the Crown.

Mr. Attorney General.

Mr. Solicitor General.

Mr. Wilson.

Mr. Silvester.

Counsel for the prisoner.

Mr. Fielding and Mr. Garrow.

The witnesses examined separate.

The indictment was opened by Mr. Silvester.

Mr. Attorney General opened the case as follows.

May it please your Lordship, and you Gentlemen of the Jury, this is an indictment against the prisoner at the bar, founded on an act of Parliament made in the 10th of the late King, by which it is made a capital felony for any persons to

the number of three or more, armed with fire-arms or other offensive weapons, to seize and carry away uncustomed goods; there is likewise another clause that makes it the same offence to be assembled in order to assist in carrying such goods away; and the only question I shall have to lay before you is, whether you are satisfied that the prisoner is one of the persons that was so assembled: It may be proper, though certainly it is not necessary that I should state to you the policy and intent with which this act was made and continued; it was made at a time when (as I am afraid the case is at present) the revenue of this country could not be collected without danger to the officers, which made it almost impossible to collect such revenue; and the smugglers at that time (as I am sorry to say they have continued to this) not contented to carry on their trade with the evasion of the law, did then and still do endeavour to effect that evasion with violence, which the prudence and circumspection of the officers make it impossible to effect any other way. Gentlemen, the evidence will not leave any room to doubt of the prisoner's guilt: It seems that on the 21st of April was a twelvemonth, (and the reason of this prosecution not having been commenced sooner arises from the absconding of the prisoner) this prisoner, together with several other persons, much more than the number of three, and whose names will be mentioned to you by the waterman who ferryed them over to the Plymouth side of the river, between twelve and one in the night came over to Plymouth side, from a place I think called Corsham, each of them with bludgeons in their hands, which will be described, and concerning which there will be no doubt at all of their being offensive weapons, for some of them had irons on their ends, but all of them loops at their ends, by which a man could hold them in his hand in order the more effectually to strike, the end of them being extremely heavy. Gentlemen, the officers on their duty that night were in expectation of their coming, and they were watching for them; about one o'clock they saw twelve or fourteen of the smugglers coming in a boat belonging to one Thomas Myles , a waterman; each of them had tubs flung with cords in his hand, which they call an anchor; they proceeded to Plymouth dock, except the waterman, who had no hand in the business but that of bringing them over, they had each of them a bludgeon; the officers let them go a little way, and then immediately appeared and endeavoured to rescue these casks, and accordingly they did get four of these casks into their custody, upon this the smugglers rallied, and they attacked the officers, and from their number, which was much greater than that of the officers, they very soon overcame them; they knocked down old Kingsforth, and beat him in so horrid a manner, as really I could hardly have believed that men in their desperate situation could have been guilty of; they first of all broke his leg, when they had done that one only of the officers remained to carry him away, the others were so terrified; he carried him to the public house, and laid him down at the door, and then they fell upon him again, and beat him till he was rendered such a spectacle as hardly ever was seen; and I am informed at this moment he is totally incapacitated from doing and business, and his life for some time was despaired of Gentlemen, in this scuffle the other man Taylor had his leg broke, and the other escaped. The only question that you will have to try is, whether this man was one of the number: in order to prove that, I shall call in all these officers, or many of them, who will give you a general account of the manner in which these men came over; old Kingsforth and another cannot speak to the identity of this man, but there are two other witnesses that speak positively to him; Myles the waterman will prove to you, that this man was one of those that came over that night, that he was one of those that had the casks after they were rescued from the smugglers, and that he afterwards came over on the What were they beating Kingsforth with? - With sticks.

What sort of sticks? - Very large sticks, bludgeons we call them.

What was his stick? - A bludgeon; they call them bats in their place; they are generally used by those people that carry these liquors.

You say you are sure you met Gray; which way was he going, towards the smugglers or from them? - They had beat me off the cags; and I met him going to join them; I did not see him strike with his bludgeon.

Was he using it as a walking stick when you met him? - No, not walking with it, he was swinging it in his hand; I did not see him do any thing with it; he joined the other party.

What were they doing when he joined them? - They were beating Kingsforth; I saw Gray and Andrews about five the next morning going over the water together.

Did you see the prisoner doing any thing when Kingsforth called out his leg was broken? - No, it was before he called out that his leg was broke that I saw him; they were so thick that I could not possibly see every one that struck him.

What dress was this man in? - A short jacket; I saw him in the morning going over the water with Andrews.

Did the prisoner say any thing? - Andrews abused me.

Mr. Garrow, Prisoners Counsel. Did they not say it was a common ferry boat? what did you do when Kingsforth called out that he had broke his leg? - We went back to help him to a public house, the smugglers took their cags and carried them away to Mutton Coe; they carried them off, and then they returned again afterwards, and came out, and said they would murder some of us.

Where was that? - Up at the corner of Hutchins's house, the bottom of Liberty-street.

Did you see Gray at that time? - I cannot say that I did.

You say that he had a jacket on? - Yes, a short jacket.

What might be the colour of it? - It might be a little greyish, by the looks of it, I cannot be particular; I only looked in his face and passed by him.

Had you ever seen this Gray before? - Yes, Sir, many times before; I knew him very well by his face.

Can you tell what this cask was that was taken? - I do not know, I did not taste it.

Mr. Garrow. In what situation did you first see the prisoner at the bar, what was going forward then; did you see him come from the boat? - No, Sir; the first that I saw was when he went to join the people; he seemed to come from the street.

Jury. Was it light then? - It was not quite dark, it was moon light.

Mr. Garrow. You rather choose a dark night in order to detect these people; you could see very plainly all that was going forward? - Yes.

Then you did not see this man do any thing at all, neither carry a cag, nor do any thing to annoy any body? - No; I do not know whether the prisoner might or might not have a cag.

But when you saw him he had none? - No.

The others at that time had? - He had a knotty stick in his hand, they call them all bludgeons, there are all sorts of them, some knotty and some smooth.

You say that they had some of these bludgeons as long as two feet and a half? - Yes; they are not fit for walking sticks.

You have known this man a long time? - Yes.

He was a common porter about Plymouth-dock? - I did not know him at that time.

This was Tom Myles 's boat? - Yes.

It was a common ferry boat? - Yes.

Any passenger who wants to cross naturally goes into the boat with the rest of the company? - It is a common plying boat that carries any body.

When Kingsforth was so hurt was there any cry of murder? - He cried out that his leg was broke.

Did any of you cry out murder? - Not in my hearing.

Mr. Wilson. Was there any cry of murder at any time? - Not that I know, I believe not Sir.

When you went to assist Kingsforth, he said his leg was broke; did the prisoner stay to assist you? - No.

Court. Did you see Gray after that time that Kingsforth's leg was broke? - No: I did not till the next morning about five.

Mr. Wilson. Was the prisoner's stick smaller than the rest? - No, I do not know it was; some might be a little smaller; the cags were by them when I saw them beating Kingsforth.

Mr. Garrow. Did you see the prisoner when you saw them with the cags? - I cannot swear that I saw his face then.

THOMAS MYLES sworn.

I have a boat at Plymouth-dock; I was employed by William Kingdom and Thomas Colley , chiefly William Kingdom.

Where did they hire you to go to? - From Mutton Coe to Mr. Elsworthy's Beach.

What time of night was this? - Between twelve and one.

For what purpose? - To bring some men over, and some cags, as usual.

Who were in company? - Edward Andrews , Thomas Gray , John Fogarty , Harry Salisbury , William Kingdom , Thomas Colley , Thomas Johns , and Joseph Hicks ; there is only nine that I can give any account of.

Were there any more that you do not know their names? - No; Thomas Gray , the prisoner, is the person I mean.

What did they bring with them? - They brought cags, and put them into the boat, they all brought cags, but one had no cags.

Which was that man? - I really cannot tell.

When they got on board your vessel with the cags where did you go? - We went to Mutton Coe, near Plymouth-dock; when we came there we took the cags out of the boat, and carried them on our shoulders; they had a stick a piece.

What kind of stick? - A stick about three feet in length, to the best that I can tell; some call them bats, and some call them bludgeons.

Are they walking sticks? - No; they are not for walking, they are too large, they are to protect themselves; as much as I can learn, if any body comes to molest them, with these things they defend themselves.

How do they carry these sticks, you say they are pretty thick? - Carry them! Sir; in their hands.

What became of these men when they got on shore? - They put the cags on their backs, and were proceeding to the dock.

What happened? - Kingdom said to me, you may as well go with us, and I did.

Was the prisoner one of them? - He was.

When they went up had they a cag? - Yes, they had.

Had he one of the bats as you call them? - Yes.

In your way to Plymouth-dock what happened? - In the space of a few minutes the Custom-house officers came running after us, and I immediately stopped, and the Custom-house officers looked after me to see if they knew me, and I saw the officers come up to the smugglers; to these men I have been naming.

Was the prisoner one of them at the time they came up? - He was in the party when they came up; then I saw a great bustle among them, and some went up Liberty-street, and some went up James-street, and some round a single house which stood by itself.

What did they do? - Some of the officers, Mr. Kingsforth in particular, went round there; I did not go round after them, but they began beating him, and he cried out very much.

What did they do to him? - They beat him very much; I cannot say whether they broke his leg at that time, because I was not round the house to see; after that they took their cags, and away they went round Mutton Coe; after that I saw two come up round this house, where Mr. Kingsforth was beat; I went up James-street, there were two men, I imagined they were two of the smugglers; they came round, then they came down James-street a second time.

Was the prisoner one of the men? - I cannot say.

Mr. Garrow. There must be three persons besides the man? - There were eight or nine of them came directly after them.

Mr. Garrow. Your Lordship knows two former witnesses have said that there were but two; the Attorney General, with his usual candour and good sense said he had no evidence of the second beating.

Mr. Silvester. What the eight came down? - The two were down before the eight; I imagine they were joined, I was not a very great way from them.

What were the words mentioned? - Just as Mr. Taylor was a little way from Mr. Kingsforth, says they we will murder some of you yet; says Kingsforth my leg is broke.

Jury. Who said so? - I cannot say.

Court. They went away, and fairly left the place.

Mr. Silvester. You do not know whether the prisoner composed one of that company? - I cannot say.

Court. You cannot go into it because they fairly left the place, and returned again; did you see the prisoner any more that night? - No; I saw him the next morning about five; I came down to look for my boat, and it was taken away, and one of our watermen was there, his name is Thomas Johns , I asked him to give me a lift over, and I would satisfy him; he took me in, and we was going over, and in the space of a few minutes down came Thomas Gray and David Andrews , and Andrews waved his hand to us to come back, and they immediately returned to take him in, and after that we shoved off, and down came Brewer, and Andrews was rather in liquor, and said you are the only person I wanted to catch; and Thomas Gray said hold your tongue.

Who was Andrews? - He was one of the party.

So he was saying something to Mr. Brewer, and Gray told him to hold his tongue? - Yes; afterwards we landed at Mr. Elsworthy's beach, and I went on shore to look for my boat to bring her over; and the oars were taken out of her; I looked for them, and I could not find them; I proceeded to Cawston, and I overtook Andrews and Gray before I came there, and they said no more to me than this.

Mr. Garrow. Who said? - Why Andrews and Grey said that they had not done any harm to any body, and therefore they could not hurt them; then I went to Cawston, then I went to Thomas Colley 's house; I saw no more of Gray till we went to Guernsey; there was Edward Andrews , Thomas Gray , John Fogarty , Harry Salisbury , William Kingdom and Thomas Jones .

Did Gray tell you why he went to Guernsey? - He did not tell me.

Mr. Garrow. I take the liberty of objecting to the gentleman's question, it is a leading and illegal question.

Mr. Silvester. Had you any conversation either in England or in Guernsey with the prisoner, giving an account why he went there? - He gave me no account why he went there.

Were all that went to Guernsey of the same party that were in the boat that night? - Yes.

Court. How many of them went to Guernsey? - Six.

Name them? - There were Edward Andrews , Thomas Gray , that is the prisoner, John Fogarty , Harry Salisbury , William Kingdom , Thomas Johns , that is the whole of the company.

How long did you you stay there? - I

believe, to the best of my knowledge, they staid there a month or better, or thereabouts.

How was you supported? - They supported me a few days.

Mr. Garrow. My Lord, is it regular how this man was supported at Guernsey.

Mr. Attorney General. When did you come back again? - I cannot tell the day of the month; I staid about a month or better.

Who supported you when you was there? - For a few days we all kept company with one another; in a few days we were going out of the country, that is to Roke-end, to the southernmost part of the island, and going out there they was going to fetch some of their clothes that they left there.

Who is they my friend? - The people, the smugglers, and coming back we sat down, and Edward Andrews made answer, let us subscribe something among us, and give this young fellow something to take care of himself; and six of them gave me two shillings apiece, and told me to look out for myself; Gray was one of them that gave me two shillings.

Mr. Garrow. So that is the reason you came here to day I suppose? - It was to support me, Sir.

He was wicked enough to give you two shillings because you had but one arm; what may you be? - A waterman.

You belong to some ship perhaps? - No.

You keep a boat of your own? - Yes.

Ferry over backward and forward? - Any where, where a person chooses to hire me.

Have you got your boat? - No, not at this present time; I was obliged to sell her after I came home to support myself; while I was abroad my brother-in-law had her and worked her; she was not seized.

You have but one arm, so I suppose you did not carry a cag that night? - No, nor any thing else.

One man came into the boat without a cag? - Yes.

Did he go out without one? - I cannot tell.

Was not Gray that man that came in without a cag? - He certainly must come in without a cag, because they were put into the boat before he came in; the cags are put upon the beach before they are put into the boat; I cannot say Gray came without; I cannot say which it was.

When you came out of the boat one of these men said to you, Tom, you may as well come up along with us? - Yes.

Had you any other passengers in the boat except these that you have named? - Not that I recollect, not that I remember.

Cannot you get no further than that now? - No, I cannot.

So you walked up innocently enough, you carried no cag and did no harm in walking up? - No, I did not.

Now when you came up, you saw the Custom-house officer running after you? - I stopped, and he looked at me to see whether he knew me, and then soon after this affray began.

Now, upon your oath, master Myles, from the time that you so stopped on the revenue-officers making their appearance, did you see any thing of Gray that night? - No, I did not.

Then you saw no more of him till he and Andrews came down to the ferry next morning, that was about five, Andrews was drunk? - He was rather in liquor.

He was a merry Andrew for that day in short, when Andrews was abusing the man, the prisoner said, you fool, you had better be quiet? - He did not say you fool, he said, you had better be quiet; I saw no more of the prisoner from that time till he went to Guernsey.

How came it that you who was walking so innocently should find it necessary to stay a whole month at Guernsey? - Because they said I should be taken up; because they could not pitch upon any body else as an evidence; if they pitched upon me I must be an evidence.

Either you must prove as an evidence or be hanged yourself? - Yes, or else leave my country; I had a letter from my wife, and she said, I was as safe at home as at Guernsey.

When you came home, what was the first

thing you did, did you come to Plymouth? - I came to Cawston first; I went to Harry Salisbury first.

Perhaps they took you up? - No.

When was it you went to any body concerned for the crown? - I went to nobody, I was subpoened; I was not asked any thing about it before I was subpoened; I never told any body my story before I was subpoened, to the best of my remembrance; I think not.

Do you know Mrs. Davey? - Yes.

She keeps the Rising Sun, in James-street? - Yes.

Some of the persons on the Excise officers coming up, went up James-street? - Yes, and some up Liberty-street.

What did Kingsforth cry? - He cried very much.

Did he cry out fire, thieves, or murder, or what? - He said to the rest, stop them, stop them, that was all I heard said; I cannot tell who were the persons that were beating Mr. Kingsforth; I was on the other side of the house.

But from the time that you stopped when the revenue officers came, you never saw this man at all after that night? - I did not; I cannot tell how many went up James street; the officers pursued after those that turned round the corner, round the single house; some of them went up James-street immediately.

Mr. Silvester. At the distance you stood could you distinguish whether Gray was one of them that was beating Kingsforth, upon your oath, if Gray had been beating him should not you have known him? - If I had seen him; I was not near enough to know whether Gray beat him.

Jury. Was there light enough for you to have seen Gray if he had been there? - Yes.

Mr. Silvester. Was you near enough to know any body? - No.

Was you near enough at the time they were beating Kingsforth to know any one? - I was at the outside of the house, the house was between.

THOMAS KINGSFORTH , jun. sworn.

(Examined by Mr. Solicitor General.)

I was with my father April was a twelvemonth, at Mutton Coe.

What passed there? - The first thing that happened we saw the boat about half after one going over for some liquor; we expected it about two to come back with the liquor; and as we were laying wait for the liquor, as we suspected, they came with the cags on their backs; and we pursued after them, and took some cags away from them.

Do you know what these cags contained? - One contained Geneva.

Foreign or home? - Foreign.

What number of persons might they be that you were pursuing? - I suspect them to be fourteen or fifteen; I cannot say justly.

What passed when you came up with them? - I was not the first that came up with them.

What did you see when you did come up with them? - I saw three cags that were saved, and the officers and I pursued after more; and my father cried out his leg was broke, and he cried for me to come to him; but two of our party went to my father's assistance before I could come; I had one cag of Geneva in my hand.

What became of those cags that were so seized? - They were rescued from us all but this.

What became of that one? - They took it away by force afterwards.

Had these people any thing in their hands but those cags? - They had bludgeons in their hands.

Be so good as to describe them? - Between two and three feet, unlawful weapons which they carry instead of fire arms.

Were you present before your father cried out his leg was broke? - Yes, I was.

What passed between your party and the smugglers? - I cannot say; I went round the house; and my father cried out; I did not see what passed.

Did you yourself taste the contents of the cask that you speak of? - I staved the cask and the liquor flew all about; I tasted it.

Mr. Garrow. You came up before your father had been beat, before his leg was broke? - I was up before his leg was broke.

Look at the prisoner and tell me whether you saw him at all? - I know him, but I did not know him to be one.

Did you see that man there at all? - I did not.

Did you know him before? - I cannot say that I did.

You have seen him before to day? - Yes, Sir, and I know him to be a smuggler.

Mr. Solicitor. Did you know any of the others, do you know Joseph Hicks , and David Andrews , could you distinguish them there? - I could distinguish Joseph Hicks .

Could you speak to any of them that you personally knew if you was to see them again? - Yes, Sir, I could.

I ask you of any of the others with whom you was not acquainted before, should you know them again, or should you be able to say whether they were present or not? - I should not.

Mr. Garrow. Did you know Hicks before? - Yes.

You said just now, if the other persons that were busy in the affair were produced you thought you should recollect the features of some of them? - I cannot say I should.

EDWARD HUTCHINS sworn.

The officers knocked at my door to take in old Kingsforth; I saw two men come down afterwards.

Do you see any man here that was one of the men? - I cannot call the man by his name, but I know his face; two men came down James-street, and the prisoner is one of them.

Mr. Garrow. What time was it? - About the gun-fire.

What did the prisoner say? - He did not say any thing; when I came back to the door again after I found the gentleman beat, I found this at the door.

(Produces a thick stick.)

What was the prisoner doing when you came down? - Nothing.

Did you say any thing to him? - No.

Nor he said nothing to you? - No.

Mr. Garrow. This man is brought to shew a stick with a nail at the end of it.

JAMES TAYLOR sworn.

Mr. Silvester. Do you know the prisoner! - I cannot say I know the man's name, but I know the man's face, but I cannot call him by name.

Point to the man that you know by sight? - That is the man.

Did you see him on the 21st or the 22d of April last? - I cannot say I saw the man; I had my leg broke.

How were the men armed? - They had great bludgeons, large bludgeons, but I cannot say they were any thing particular.

Mr. Garrow. My Lord, I submit that there is no evidence to go to the Jury.

Mr. Attorney General. I think there is.

Mr. Garrow. I take the liberty of saying there is no evidence that this man was present; I submit there is no evidence to go to the Jury on that part of the charge; there is a case determined here, the case of Hutchinson and others * of this sort; a great number of persons were together in a public house, and upon a seizure of the officers, they all rushed out; and Mr. Baron Eyre expressly said, it is not within the intention of this act of parliament to include persons, who upon a sudden alarm join in an attempt to seize; but there must be a clear premeditated assembly for the express purpose, either of landing the goods, or doing these several acts; now that part of the case strikes me, that the whole of the evidence is directly the other way; as first the evidence of the waterman -

* See the Sessions Paper, Peckham's Mayoralty, No. VII. Part III.

Court. There is evidence to be left to the Jury; you are making a speech to the Jury, and looking at me; the question is

to be left to the Jury upon all the facts and circumstances of the case.

Prisoner. I have a defence here, though I am not able to remove witnesses to my character; and here is a certificate.

Mr. Garrow. My Lord, here is a certificate from Prince William Henry , who is the captain of the Pegasus, stating that this man has behaved very well, and much to the Prince's satisfaction.

Mr. Attorney General. It is not evidence.

Mr. Garrow. It comes out of the man's pocket, and I am telling my Lord what it is; to be sure it cannot be read without the Attorney General was to consent.

Mr. Attorney General. I must complain a little, and I do complain of attempts being made that ought not to be made; the idea of desiring the Attorney General to consent: the Attorney General could not consent, and the Judge would tell the Attorney General he ought not to consent.

Mr. Garrow. I told the Judge what it was, and I shall do so in prosecutions for five hundred years, should I continue in practice so long, risquing all the indignations of all the Attorney Generals in the world; it was the fault of the prisoner that he took it out of his pocket, not mine.

Mrs. DAVY sworn.

I keep the public house, called the Rising Sun, in James-street, Plymouth-dock; I did in April, 1785.

Do you remember the morning of the affray between the revenue officer Mr. Kingsforth and some smugglers? - I do; and Mr. Kingsforth was hurt.

Do you remember seeing the prisoner that morning? - I do.

What time did he come to your house? - As nigh as I can guess, about one in the morning.

At that time when he came into your house, was there any noise or any disturbance or affray in the street? - No, Sir, not till a great while after he came in; I got up to let him in; he had been in bed a quarter of an hour before I heard the noise, then I heard the outcry of the officer.

Did he go out upon that occasion to join in the affray? - No, he did not.

Are you quite sure of that? - I am quite sure of it.

How long did it continue afterwards? - A great while afterwards; he sat down till day break, till my husband got up; he sat in the tap room all the while; then my husband opened the door just at gun-fire, and then the prisoner went away; he went strait down to Mr. Hutchins's, the Fortune of War, the ferry place; he must necessarily go past that house; he had a blue jacket and a round hat; I am sure he came in before the affray was, a quarter of an hour before it began.

Mr. Attorney General. Who came with him? - Another person, I do not know his name; that was the same man that went away with him in the morning.

How came they to come to your house? - They knocked at the door; I went to the window, they said they wanted my husband; I went down to let them in; they did not tell me where they had been, nor what they came for; whether that man went over the water with him I cannot say; he went out with him; there was no disturbance at the Fortune of War that night before; they had been in some time; it was a quarter of an hour after that I heard a noise.

What was the cry you heard? - I heard a great cry, and I heard murder cried.

Mr. Garrow. How happened your husband did not get up to let him in? - He was very much in liquor; I have known him three or four years, he is a very quiet harmless man.

NOT GUILTY .

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

Reference Number: t17860719-97

659. BENJAMIN FONSECA was indicted for that he, on the 22d of May ,

thirty-two pieces of false and counterfeit copper money, to the likeness and similitude of a halfpenny, the same not being then melted down or cut in pieces, unlawfully and feloniously did sell and put off to one Hannah Moses , at a lower rate and value, than the same did by their denomination import, that is to say, thirty-two half-pence for one shilling , against the statute.

A second count, that he on the same day thirty-two pieces of false and counterfeited copper money made and counterfeited, the likeness and similitude of an halfpenny, unlawfully and feloniously did sell, pay, and put off to one Hannah Moses , at the rate of thirty-two halfpence for one shilling, against the statute.

(The case opened by Mr. Silvester.)

(The witnesses examined apart, at the request of Mr. Garrow, prisoner's counsel.)

HANNAH MOSES sworn.

I live in Petticoat-lane; I know the prisoner; he lives in Gravel-lane; on the the 22d of May I dealt with him for half-pence, sixteen pence for a shilling; I asked for a shilling's worth of halfpence, he asked me how many I wanted, I said sixteen pence for a shilling; accordingly I gave him a shilling, and he gave me these halfpence.

Who went with you? - Lewis Abrahams ; when I found him at home, I asked the prisoner for some halfpence; so he say to me do you want any halfpence, I say yes, he went to the brown bag and gave me sixteen pence for a shilling.

Mr. Garrow, prisoner's counsel. Now, Mrs. Moses what do you call yourself? - Moses.

What is your husband's name? - Benjamin; I go by my father's name.

Is not Mr. Bacherah your husband? - No.

Does not Mr. Isaac Bacherah pass for your husband? - That is my son-in-law.

Does not Mr. Levy Abrahams , otherwise called Mr. Levy Bacherah , pass for your husband? - Who is that?

Why your husband. - It is not so.

You was to have sixteen pence for a shilling? - Yes.

That was what you bargained for? - Yes, it is not the first time I have dealt with him.

That is the common price? - I do not know the common price.

Is not eighteen pence the common price? - Sixteen pence I had for a shilling.

Is not the common price eighteen pence, is not that the constant and universal dealing, did not you believe you had eighteen penny-worth of halfpence? - No, Sir, never.

Did not you contract for eighteen penny-worth? - No, Sir, never.

Have you never said you was to have eighteen pennyworth? - No, Sir, ne ver in my life; I always dealt for sixteen pennyworth.

You remember Mrs. Cole being tried? - Yes, there was a mistake in the farthings.

Have not you since the last session mended your story, and have not you now adopted sixteen pence, have not you said, that what you was to receive for your shilling, was eighteen pence, but that in truth he had only counted you out sixteen pence? - No, Sir, never.

Was not you to have eighteen pennyworth for your money? - No, Sir, never.

You live with Mr. Bacherah? - No, I have not said so; I have known Mr. Fonseca for thirty-three years; I knew him to be a man who had left Holland for clipping money.

Now, I will tell you before hand, what answer you are going to give me, have you never made any offer, that if Mr. Fonseca would give you ten pounds you would go to Holland; now you will say no? - Never in my life.

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

Reference Number: t17860719-97

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 19th of JULY, 1786, and the following Days;

Being the SIXTH 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 VI. PART IX.

LONDON:

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

MDCCLXXXVI.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Benjamin Fonseca .

Nor any thing like it? - No, Sir, I do this for the good of the country.

What country woman are you? - Amsterdam.

So you came from Amsterdam to buy farthings in order to prosecute for the good of this country; do you know Sarah Harris ? - If I see her, I may know her.

Do you know Judah Cowen ? - If I see him may be I may.

Have you never in the hearing of Sarah Harris or Judah Cowen said, that if Fonseca would give you a sum of money you would go to Holland till the trial was over, and if he did not come down handsome you would hang him if you could? - I cannot hang any body.

(The question repeated.) - Never in my life.

Was any body else present when you bargained for sixteen pence? - Nobody but Lewis Abrahams .

You do not remember Lewis Abrahams being tried here? - No, Sir.

Let us know all his names, what was it he that gave you those two black eyes? - No, Sir, I cannot remember, I ever had black or blue eyes.

Are these halfpence exactly the same you received? - Yes, they have been in custody; I was examined before Sir William Plomer , the 24th of May.

Was that before Mrs. Cole was tried? Yes.

Let me give you one caution; do you know what thing a pillory is? - I have seen such a thing.

I am glad of it; it was made for you to look at and such sort of people; upon your oath, woman, did not you tell Sir William Plomer , that he sold you eighteen pence in halfpence for a shilling? - No, Sir, never.

Did you never, in the hearing of Sarah Harris , and Judah Cowen or Mary Cole , say, that if Fonseca would give you money you would stay out of the way? - No, Sir.

LEWIS ABRAHAMS sworn.

I went with this woman to Fonseca, she asked him for a shilling's-worth of half-pence.

What did he give her? - Sixteen pence, on the 22d of May, on the Monday.

Mr. Garrow. Have you ever bought any halfpence? - Yes, the next day.

How much do you usually get for a shilling? - Sixteen pence, I got of him.

That is no answer, is that the usual price, sixteen pence for a shilling; is not the usual price eighteen pence? - No, Sir, that is the farthings.

What do you call yourself, Bacherah? - No, Sir, my name is Abrahams.

You came for the good of the nation, I suppose? - Yes, Sir.

Honest Mr. Bacherah, all for the good of poor Old England! now, Mr. Bacherah, otherwise Mr. Abrahams, otherwise Mr. Levy, which of the names was it you was tried by here? - I do not chuse to answer that without my Lord chuses.

Well my purpose is answered; what was you tried for?

Court. You cannot ask it.

JOHN CLARKE sworn.

I am one of the City Marshal's men; I went to Fonseca's house with Mr. Miller and found a large quantity of of halfpence; I cannot say the day; I saw Mr. Fonseca at first entrance, in a little part of the house, then, in another part I found Mrs. Cole; he absconded immediately; I found a large quantity of halfpence, they are here; Mary Cole was tried here last session.

WILLIAM MILLER sworn.

I am City Marshal; I went with Clarke to Fonseca's house.

When you came there who did you see? - I saw Mary Cole ; I did not see Fonseca; we found these halfpence in different parts of the shop; they appear all bad, and of one sort.

JOHN CLARKE , of Bow Street, sworn.

I have been employed a great many years for the mine; these halfpence, the whole sixteen pennyworth, seem to be all of one die. (Shewn to the Jury.) These appear to be struck off the same die; these have been in common currency; the sixteen pennyworth I believe have been in common currency.

Clarke, the Marshalman I am sure I saw Fonseca; I did swear that positively, I found Mrs. Cole there.

Jury to John Clarke . I should be glad to know the reason for your distinguishing them? - You will find grease on those that have not been in currency.

Prisoner. I desire to call my witnesses.

(The Prisoner's witnesses examined separate.)

SARAH HARRIS sworn.

Mr. Garrow. Is your name Sarah Harris ? - Yes.

Where do you live? - In Gravel-lane next to the Blackmoors-head.

Are you a married woman? - No, I sell fruit.

Have you ever seen Mrs. Moses that woman that stands down here? - She knows me very well; in consequence of a message I went to Mrs. Moses's house or the man's house that she lives with.

What do they live together? - As far as I know, I cannot say, it is Mr. Bacherah's brother, I went in there, and I am not sure whether they had done supper or no; the supper was on the table; I said to them, you sent for Mrs. Fonseca, and she cannot come; I am come in her stead; he sat on one side of the fire, and she on the other, and there were two children in a bed in the same room; they gave me something to drink; the man got up and handed me the bottle, then they talked, and said, have you seen Fonseca; that was he that said so; says I, how do you think it will come off with Mrs. Cole; this was the Friday before she was tried.

What said Moses? - Says she you may sell Mr. Fonseca from me, tell him to give me the ten guineas; says I, ten guineas is a great deal of money, I said, I think if you have two or three it will be enough; they were to have the ten guineas not to appear against Mrs. Cole or Fonseca; I told them I would bring them an answer in the morning; I told Mrs. Fonseca; says she I durst not do a thing without my husband's consent, I may as well give ten of my teeth.

Had you ever any other conversation at any other time? - No further than I met her the time that Mrs. Cole was cleared,

as we were coming down here, and he said we have turned them up, so Mrs. Moses makes answer, I hope you will not forget your promise; so says he, I made a mistake, I draw a flaw in the indictment, I said there was thirty-two, and when I came to speak there was only thirty-one.

Are you quite sure that this passed? - As sure as I am standing here.

And both these people were present? - Both of them; he sat on one side the fire, and she on the other, and two children in bed, but whether they were undressed I cannot say.

Who was the gentleman that was present at the last time, and heard this conversation? - Mr. William Crane .

Mr. Silvester. You are a Christian I understand? - No, Sir, I am a Jewess.

You are intimately acquainted with Mrs. Fonseca? - Only dealing in their shop, that is Mrs. Cole's shop; I am not particularly acquainted with Mrs. Abrahams or Mr. Abrahams.

What names have you gone by? - I never went by any other name.

How came you to be sent to Mr. Fonseca's? - Suppose you ask me to go of an errand I would go; they are acquaintances of mine; I deal in the shop; I live in Gravel-lane; it is two doors off, in a little alley about half a yard wide, from my house; Mrs. Moses lives as far as Crown-court, in Petticoat-lane.

When you went there was any body present? - Yes, Sir, Bacherah the brother was present, and he heard the whole of this conversation, and her daughter that was big with child.

To Mrs. Moses. Did not you say you would go to Gravesend? - If I did I hope my kid may be tore limb from limb; that man was there at the first and second meeting; he heard it as well as me.

What is that man's name? - Isaac Bacherah .

JUDAH COWEN sworn.

Do you know Mrs. Moses? - Yes.

And Mrs. Abrahams? - By sight; on Thursday last, between five and six, I went into Rag fair with my slippers and things to sell, so Mrs. Moses called me; she said to me, do not you know any thing about Fonseca; I said only that on Saturday he will go and surrender himself; so she said, will you do me a favour, and go to Fonseca, if he will give me some money I will go Holland, for I have a mind to go to Holland and keep out of the way, I am sorry for what I have done; Fonseca said I will not give a farthing.

Was Abrahams there at the time? - No, she was alone, and it was on Friday, between three and four weeks ago; they both of them called to me in the street; she desired me to call on Sunday, for I want to speak to you something particular; I cannot speak in the street; I did not go then.

Mr. Silvester. Where do you live? - In Gravel-lane, Houndsditch; I sell slippers and canes.

Was you intimate with this Abrahams? - I never spoke to him before.

Did you know Hannah Moses ? - Only by sight; I never was in her house; I never spoke to her but in the street, and in the fair; she called me out, and said I want to speak to you something particular, and she spoke to me in Dutch; I am a Dutch Jew.

How came she to pitch upon you? - Because I live up one pair of stairs over Fonseca.

REBECCA HARBELOW sworn.

I know Mr. Fonseca; my husband is a cane mounter; Fonseca has worked for him at my house from Easter to Whitsuntide, from six in the morning till ten at night.

WILLIAM CRANE sworn.

Do you remember hearing any thing said by Mrs. Moses the Jew woman, or by Abrahams, about Fonseca? - No, I have known Fonseca seven years; I am a coal-merchant and a Christian; he was always a very honest man.

Mr. Silvester. Where do you live, Mr. coal-merchant? - In Rosemary-lane.

Jury. What coin did Fonseca use to pay you in for your coals? - Gold and silver, never in bad money; I never dealt with him for bad money.

Where is your wharf? - At King Edward's stairs, Wapping, at Mr. Godsell's.

CHARLOTTE KENNY sworn.

I have known him three years; never heard any thing but he was an honest man; I dealt with him.

WILLIAM IMPEY sworn.

I have known him three or four years; I took him to be an honest man; I had dealings with him for butter and sugar.

Mr. Garrow. You do not take him to be a man living by selling bad money? - No, I believe him to be a very good man.

Mr. Silvester. Who served in this shop? - Sometimes himself, sometimes his wife.

WILLIAM JOLLIE sworn.

I am a grocer; the prisoner dealt with me for ten years for tea and sugar, he paid me silver and gold and always good money.

ANN CAMPBELL sworn.

I have known him six years; bought soap and candles of him; a very honest good sort of a man; I live in Moor-fields.

PETER TATTERSON sworn.

I live in Gravel-lane; I take his general character to be a good one; I am his landlord, he always paid me very honestly.

Jury to John Clarke . Was any of the money found in the shop? - No, it was all found in Mrs. Cole's apartment.

NOT GUILTY .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17860719-98

660. JOHN MARTIN otherwise SHELEY was indicted, for that he, together with one WALTER CROSS , JAMES BELL , JOHN WILLIAMS , WILLIAM BELL , WILLIAM STONE otherwise QUIN , and BENJAMIN SAVORY , being persons of malicious minds and dispositions, &c. after the 1st day of October, 1784, to wit on the 4th of April last, then being on board a certain vessel called the Happy-go-lucky, about two miles from Penzance in Cornwall , with certain guns, to wit, four guns loaded with gun-powder and iron balls, maliciously did shoot at the Hawk lugger, then being in the service of the King .

A second Count, The same as the first, only adding that the lugger called the Happy-go-lucky was within two miles of the coast of Great Britain.

A third Count, For shooting at Edward Williams , one of the officers of the customs .

A fourth Count, For that he, being on board the Happy-go-lucky lugger unlawfully did shoot at the said Edward Williams , being on board the Hawk lugger in the execution of his duty, within four leagues of the coast, near Penzance, against the statute.

A fifth Count, For shooting with one gun at the Hawk lugger, being within the limits of the port of Plymouth, against the statute.

A sixth Count, Charges him with being in company with the other aiding, abetting, and assisting Walter Cross in shooting at Edward Williams , being an officer in the execution of his duty; and several other counts, varying the distance that the ship was supposed to be from the land.

The indictment opened by Mr. Litchfield.

The case opened by Mr. Attorney General.

Gentlemen, I am extremely sorry that I am obliged, by the duty of my office, to bring two indictments in the same sessions, but so it happens; and this is an indictment founded on an act made in the last sessions of parliament. It was thought necessary to enact, That if persons shall endeavour to resist revenue officers with a degree of force which especially denotes

the intention under which they act, that although such resistance may not occasion murder, yet it shall be a capital offence: Under these circumstances I think I need not take up your time to shew either the wisdom or the necessity of this regulation; I shall leave it to your own breasts and considerations: it will be sufficient for me to state the law; - it will be for you to decide whether the prisoner falls within that law or not; - I shall then have discharged my duty, and I doubt not but you will discharge yours. Gentlemen, two years ago it was necessary to pass the following law, 24th George the third, chapter 47; by that act custom-house vessels are authorized, provided they have the common ensign hoisted to denote who they are, in case any vessel shall not come to on their demand, to fire on that vessel; and on the other hand it is enacted, that if any person, being on board or on shore, shall maliciously shoot, &c. (reads from the act) or within four leagues of any part of the coast thereof, &c. shall suffer death as a felon, without benefit of clergy. The charge on this indictment is, that the prisoner at the bar, Walter Cross , and several other persons, were on board the Happy-go-lucky lugger, about two miles from the coast of Penzance, and fired on the Hawk lugger; another charge is, that they did it within four leagues of the shore; another charge is, that they then and there maliciously and feloniously shot at Edward Williams , who was the commander of a revenue vessel; another charge is, for having committed it within four leagues of the shore: There are other counts charging the prisoner with aiding and assisting others to shoot: I need not state the law on this subject, every person who is present at the action, although he himself is not an individual actor, yet if the mind goes along with them, and they are assembled on a felonious purpose, and a felony is committed, he being present countenancing the transaction is guilty, as if he was actually the person that fired. Now the evidence is this, on the 4th of April last, the Hawk and the Lynx, two revenue vessels, were stationed at the port of Falmouth, and about six in the morning they saw the Happy-go-lucky riding at anchor about two miles from the shore, and from Penzance; as soon as ever she discovered them, she immediately hoisted her gib fail, and stood towards the Land's end; and the Hawk and the Lynx having their colours hoisted, though that is not required in this count of the indictment, but I should think fairly myself, that unless the vessels had that about them, it would be too much to say that they were within this act; however, these two vessels had their colours hoisted, but more than that they were perfectly known to the smugglers, as well as you Gentlemen are to each other; upon their endeavouring to escape, the two revenue vessels crouded fail and gave chace, they immediately prepared for an engagement, as has been too usual, like two enemies; accordingly between seven and eight they got within hail of the smugglers, and then Williams, who commanded the Hawk, hailed them twice, and ordered them to bring to, or that he would fire upon them; upon which refusing, and no answer, two muskets were fired, no answer was returned but this, a general volley of fire-arms from the smugglers, and afterwards a broadside, and immediately after a skirmish ensued, which ended in the loss of the lives of some of the smugglers; I do not find any of the king's officers were killed; they fought the Hawk for three quarters of an hour, and the Lynx ran in between them, and having a broadside from the Lynx which I believe killed their captain, they wore off; this ship had on board swivels, blunderbusses, half pikes, muskets, and in short was a ship completely armed for the purpose of resistance; the commander of this ship, and the mate, had both fallen in the action; there were no less than thirty-five of the crew, of which the prisoner was one; they were all committed to the castle, from which all of them but one, who is an evidence, made their escape, either by neglect or roguery of the soldiers, in a night of two after their imprisonment, and it was not till lately we could apprehend the present prisoner; whether they are gone to Guernsey, I cannot say, and perha ps we shall not be able to take them without the laws are better enforced, for which party is the strongest is at present a doubt. I shall call to you one Cotton who will tell you that the prisoner, and he, and thirty-three others, were a crew of smugglers; that they left Guernsey on the 31st of March, and effected the landing of some brandy on the first of April; and in short, that an action began in which every one of the crew took a decisive part. Gentlemen, this man will appear in the light of what the law perhaps may consider an accomplice.

Mr. Fielding. My Lord, as Mr. Attorney General states that this man may appear to be an accomplice, and as it is at present uncertain whether it will be permitted Mr. Attorney to call him or not, (for it will depend on the circumstances that shall be proved anterior to his evidence) I hold it improper for him now to state what that evidence will be to the jury.

Court. The counsel for the crown have certainly a right to open the case.

Mr. Fielding. To open every part of their case saving that which may be subject to doubt.

Mr. Attorney General. Your lordship will give me credit, that I should not have brought a case upon the credit of an accomplice only.

Mr. Fielding. You are a man whom I extremely respect, but it is my duty.

Mr. Attorney. I say this man would stand in such a predicament that his evidence ought not to convict any man, but, Gentlemen, I shall call to you witnesses who were on board the revenue vessels, who will tell you the manner in which the smugglers fought, and the manner in which every one was engaged on the ship's striking. Gentlemen, although some Judges have been of opinion that it is the best way not to begin with the accomplice, I believe none have yet determined that you cannot begin with him, and many very learned Judges have permitted such a person first to be examined, leaving it to the good sense of the Jury not to give him any credit unless he is confirmed; therefore it is totally immaterial to me with whom I shall begin; I am to prove this battle, and this firing, the prisoner's being present and assisting; which if I do I shall have discharged my duty to the public, and then I am perfectly easy what the event may be: I shall leave the prisoner in the hands of you and my Lord; you are the Jury who are upon your oaths; and I shall be more happy if it be possible that this prisoner shall prove himself to be innocent, than if he shall appear to be guilty, as I fear he will.

JOHN DOUGLASS sworn.

(Examined by Mr. Solicitor General.)

I was mate of the Hawk in April last; I was on board the 4th of April last, about five being off the Lizard, in company with the Lynx; we saw the Happy-go-lucky, lugger, laying under Mullion Island.

How far is that from the shore? - About half a mile.

At what distance was the Happy-go-lucky from the shore? - About a mile and an half, or two miles.

Do you think she was three miles? - No.

You saw her in this position? - Yes, she was laying at an anchor; we then hoisted our revenue colours; as soon as she perceived us, she cut her cables and made sail, and stood to the westward, we immediately crowded all the said that lay in our power and gave chace to her; about a little before seven we came near to her.

What is the force of the Hawk? - Fourteen guns.

What size? - Six pounders.

When you came pretty near her what past? - We hailed her several times in order

to bring he to, on purpose to send our boat on board her.

Did you receive any answer to your hail? - No, they paid no regard to it; the first mate that commanded the vessel at the time, ordered two muskets to be fired; I was present.

What is his name? - Edward Williams .

What was the purpose of firing these muskets? - To bring her to.

Did she then bring to? - No, she paid no regard.

What was your next step? - In a few minutes we came a little nearer her.

How near? - Within pistol shot or thereabouts.

What did you do next? - We observed the guns all pointed aft, and the men all under arms.

What does the guns being pointed aft mean? - Ready for action, and the people were all standing by them with their matches ready for a broadside.

What passed upon this? - As soon as we came up along side of her; the action began; I cannot say which fired first.

How long did the action last? - Near about an hour.

How did you come to a conclusion? - The Lynx lugger came up between the Happy-go-Lucky and the Hawk, and fired a broadside, into the Happy-go-Lucky; immediately the people on board the Happy-go-Lucky made a motion with their hands, that they would strike.

How did you dispose of her after she had struck? - They sent a boat on board of her from each vessel; the action lasted for about an hour; I cannot say within a few minutes; I did not go on board till the ship came into harbour; part of the prisoners were brought on board of the Hawk; I was present.

Was the prisoner at the bar one? - Yes, he was; I know him very well; I am sure he was one.

Did you go on board the vessel when she came into harbour? - Yes.

What number of guns did she carry? - Ten guns.

Ten carriage guns? - Yes, and a parcel of swivels, and muskets, and harpoons, and boarding pikes.

What ammunition? - All sorts, and a very large quantity.

What was the number of the prisoners? - I cannot say how many, I saw fifteen of them in the castle together; but I do not know the number of them.

Do you of your own knowledge know how they were disposed of after they were got on shore? - I saw them put into Pendennis castle; I did not see the prisoner put in, but I saw him there; I cannot say how long he was confined there.

Mr. Fielding. Between the Lynx and your vessel you gave the smuggler a pretty good dressing, how many men were killed? - I heard there were two, the captain and the mate; the name of the captain was Thomas Willard ; I do not know the name of the mate.

Did you know them before? - Yes.

This captain was a desperate fellow, was not he? - Yes.

Did you find any smuggled goods upon her? - I did not go on board her; she lay along the shore.

How far had you chased her from the place you first discovered her before you had an opportunity of hailing her? - I suppose it might be seven or eight leagues before we had an opportunity of hailing her.

How long did you chase her? - About two hours.

Jury. Cannot you recollect which fired first? - I cannot because we were so close together.

Mr. Fielding. Then all you can answer is, that at the time you fired your guns from your vessel, there was a fire returned from theirs? - I cannot say which fired first.

If they had fired first you must have seen it of course? - I do not know whether we could or not.

When you first discovered her I suppose you wanted to get as near her as possible? - Yes, they knew us as soon as they saw

us; we intended to get as near as possible; we kept up a pretty brisk fire; I cannot say what ammunition we expended; we had no men killed on board of us, but it was not for the want of their good will; I heard there were thirteen or fourteen wounded on board this vessel.

Did you know the mate of this vessel? - I did not.

You do not know how many men they carried? - No, Sir, I cannot say.

You had an opportunity of boarding her soon after she came into the harbour I take it for granted? - I had not, Sir.

How far were you at the time this action began from the port of Penzance? - We were in the port of Penzance at that time; It was a clinch work built ship, it had a running bowsprit.

Mr. Fielding. Do you know that of your own knowledge? - Yes.

Jury. Did you ever chase this vessel before? - Yes, and fired at her.

JOHN FOOT sworn.

Mr. Wilson. Was you on board the Hawk revenue vessel on the 4th of April? - Yes; at five in the morning I saw the Happy-go-lucky, we were off the Lizard; she was laying under the islands; we made towards her from the Land's-end; we were about two miles or a little better off her, she cut her cable and made fail towards the Land's-end, which was directly from us; we hoisted our revenue colours and made fail after her, we came up to her about seven; we hailed her first to bid her bring to.

Did she regard that hail? - No.

What did you do then? - We fired a musket, she paid no regard to that, we fired another.

Did she bring to then? - No.

What did she do? - She kept on still, and when we got nigh hand to her, she fired two guns, to the best of my knowledge.

Court. She fired two guns at you? - Yes, that was just as we got abreast of her.

What distance might you be from her? - I suppose about a pistol shot, hardly so much.

Could you see or observe what they were doing on board? - Yes, they were making every thing ready for action.

What do you mean by making ready for action? - Every man to his quarters; when she fired two guns, we poured in a broadside, and she continued firing as fast as she could, and we continued firing.

A regular engagement? - Yes.

How long did it last? - I suppose it lasted pretty near an hour.

What is it that was fired? - Great guns, small arms, and swivels.

Had you any swivels? - No, Sir, the swivels were fired from the Happy-go-lucky; then the Lynx came in between us and fired a broadside upon them; then she immediately struck.

Upon her striking, did any body go on board her from your ship? - No, not then.

Did you go on board at any time? - I went on board after she went into the bay.

Were any of the crew brought on board of your ship? - Yes.

Court. There were no men sent out of the Hawk at first? - No, they went from the Lynx, three men.

How soon after were the prisoners brought on board the Hawk? - About half an hour.

Who brought them? - I do not know; there were eight or ten brought on board the Hawk.

What became of the rest? - Some were put on board the Lynx, and some left on board till we got into the bay.

Look at the prisoner, was he one of them? - Yes, he was brought on board the Hawk; I saw him afterwards when I went on board the Happy-go-lucky; he was left on board the Hawk; he was brought into Falmouth in the Hawk; I did not see him after till he was put away from the vessel; I heard he was put with the rest of the prisoners in Pendennis castle; she run athwart us first.

What guns did she carry? - Eight

fours and threes, as we suppose by the size, and two short nines, besides many swivels, and boarding pikes.

Did you see any ammunition on board? - Yes, small shot.

A great deal of shot and powder? - Not so much powder as shot.

What sort of a built vessel was she? - A clinch bottom vessel.

What sort of a bowsprit? - It runs in and out.

At first you say there were three men went from the Lynx on board her? - Yes.

Who brought the prisoners from her to your ship? - I cannot say.

Jury. Had you ever seen the prisoner before he was brought on board the Hawk? - Yes.

Mr. Fielding. Every body was brought? - Yes, except two men; it was five on the 4th of April, when we began to crowd fail; it was not very light then; but we could see the vessel, she was ahead of us, we went after her in a straight line, and she went the way to get out of the bay.

Unless she could have seen through your fails, she could not see your colours? - Yes, Sir.

Not till you came along side of her? - We fired two muskets in order to bring her to.

When you came along side, do you say the Happy-go-lucky fired two guns? - They fired two guns after we fired two muskets to bring to; we hailed her first; we fired two muskets to bring her to; we came up along side of her, and she fired two big guns to the best of my knowledge.

When you shot up to her so as to become broad side and side, the king's vessel was most active? - The Happy-go-lucky fired two guns first, and after she fired them two guns we gave her a broadside.

Mr. Garrow. How long have you been at sea? - These two or three years.

Not more! I was in hopes I should have had an old sailor to have talked to; what is your situation on board this vessel? - A carpenter.

When you was called to quarters by the captain and mate, I suppose you went at first? - Yes.

Did you know the commander of the Happy-go-lucky? - Yes, I knew him before he went there.

And a desperate fellow he was? - Yes, Sir, he was by his actions.

And the mate? - Yes.

This man was either a mariner or a passenger on board the vessel? - Yes, there were no smuggled goods on board.

The prisoner had no interest on board the vessel? - None at all; we hoisted our colours at the flag-staff on the mizen mast head.

Court. Within what distance might that be discerned by the Happy-go-lucky in the track you were both failing? - She saw them I suppose when she run right athwart of us; she was within hail, within pistol shot.

Mr. Fielding. As the colours were on the mizen-mast head, a vessel bearing ahead of course cannot see them? - They came right out of the bay a-head of us and they could see the colours then; that was before we fired.

Then if your colours had been hoisted at the main-top-mast head, or the maingallant-mast head they would have been visible? - Yes, they were only visible just before she run athwart of us; we edged away; then she might have seen our colours.

That lasted not very long, I take it for granted, so that all the time you was in chace of her she could not see your colours? - She could see our colours before we spoke to her.

You fired the whole broadside into her? - Yes.

Now, honest fellow, how is it you know the hail, your situation is below deck? - Yes, Sir, but not till the action begins, when the action begins my situation as carpenter is below.

When you were coming up along side, was every man in the vessel at quarters? -

Yes, every man on both sides, their vessel and ours; I did not go down till she fired.

Mr. Wilson. Who was the commander on board your ship at the time? - Edward Williams , he is the first mate.

What is he? - The vessel belongs to the Custom-house, he has a deputation for the vessel.

Mr. Fielding. You know nothing about that.

Court. It was a Custom-house lugger? - Yes.

FRANCIS WATTY sworn.

I belong to the Lynx; I am chief mate.

Do you remember on the 4th of April last, seeing the vessel called the Happy-go-lucky laying at anchor? - Yes, near a mile under the Mullion island; as soon as they discovered us they cut their cable and made sail, we hauled into water and went after her.

When did you come up with her? - The Hawk came up with her about seven; I saw the Hawk come up with her.

What time did you get up with her? - Near to eight.

What were the Hawk and the Happy-go-lucky doing when you came up? - They were doing nothing then, but there had been an engagement three quarters of an hour before we came up; when we came up we went between both vessels and fired a broadside into the Happy-go-lucky.

What did the Happy-go-lucky do in consequence of that broadside? - They made signals with their hats that they would strike.

Had you signals on board your vessel? - Yes, on board both; we fired a broadside into the Happy-go-lucky and she struck; I went on board her, and the boatswain, and one of the foremast men; when I went on board, I asked where the captain was, they told me the captain was killed and the second mate; and there were a great many more wounded; then we hoisted out the Happy-go-lucky's boat and sent the people on board the Hawk.

Can you say the prisoner was one of the those people? - I cannot say that he was.

You did not know him? - No.

What number did you send? - I cannot tell, I did not number them, I suppose a dozen or fourteen, more or less.

You did not particularly observe them? - I cannot say he was one.

Did you see any thing of them afterwards? - No, I never saw them after.

Court. You did not know the prisoner by sight? - No, she was a clinch built ship, a running bowsprit; she had ten carriage guns on board, and plenty of ammunition, and swivels and small arms, and blunderbusses.

When you first came up with the Happy-go-lucky, what did all the people on board appear to be doing? - When we fired that broadside then they all seemed to shy off the decks as fast as they could.

You was not near enough to discover what the men were doing at the time the engagement began between them and the Hawk? - No.

Mr. Fielding. There was no smuggled goods, nor any property there? - No.

JAMES COTTON sworn.

Mr. Silvester. What ship did you belong to on the 4th of April last? - The Happy-go-lucky; I was before the mast.

Where was she on the 4th of April? - She was at anchor under Mullion island.

From whence did she come? - She came from Guernsey, failed from there the 1st of April.

What was she loaded with from Guernsey? - Spirits.

What had she done with those spirits? - She had landed them on shore at a place called King's Cove.

Whereabouts is that? - It is near Mounts Bay; when she had so put them on shore; she had landed part of her cargo on the Saturday night, she landed the remainder part the next night; that is on the 3d.

On the 2d and 3d of April had she landed

this cargo that she brought from Guernsey? - Yes.

On the 4th when she was laying under Mullion island what did you perceive? - We perceived two luggers.

What did you do? - We did not rightly know what they were, but we perceived they were making for us.

Then on perceiving that they were making for you what was done on board your ship? - The watch on deck cut the cable.

Is that the quickest way of getting off? - Yes.

What was the reason of taking the quickest way of getting off from these vessels? - I do not know, it was the captain's orders to make fail.

You got off in the quickest manner you could? - Sail was made immediately, to get immediately all hands we could up.

Did those vessels follow you when you made off? - Immediately they made sail and followed in chace.

How many persons were on board the ship? - Thirty three, as near as I can guess.

These vessels giving you chace, did they come up with you? - The Hawk came up with us very fast.

What passed on board your ship? - The captain gave orders for getting every thing clear, for if they had come up he was fully bent to engage them.

When the Hawk did come up what state of preparation were you in? - We were all clear about the deck.

Were the guns in any state of preparation? - Yes, Sir, there was preparation to receive them when they came.

Were they loaded? - Yes.

Were matches ready or not on board? - Every thing was ready for engagement, some of the crew were to the large guns and some to the small arms.

Were you all employed one way or another? - Yes.

Were none sick or absent from the deck at that time? - None sick.

Were all those-thirty three from the ship or were any of them passengers? - None passengers.

Was the prisoner one of that crew? - He was.

Where did he come on board? - I cannot say, he was on board of her before I came on board; I had been on board eight days.

Court. What part of the ship was the prisoner in at the time of this engagement? - I believe he was abaft.

Was he employed as a mariner in the same manner that you were during these eight days you was with him in the ship? - Yes.

All the same as yourself? - Yes.

When the Hawk came up how did you receive her? - The Hawk came up and she hailed, and said some words but I could not rightly hear them; they might hear aft but I did not.

What answer was given? - No answer at all.

Court. Had the Hawk any colours hoisted? - Yes, at her mizen-top-mast head.

How long had these colours been flying? - We saw the colours flying all the time of the chace.

What colours were they? - They were Custom-house colours.

When the hail was not answered, what was done on board the Hawk then? - There were some muskets fired.

Upon those muskets being fired, did any thing pass on board? - She came up along side of us, and immediately the action went on and we fired as fast on both sides as we possibly could.

Jury. I understood him at first at the former part of his evidence, that he saw two luggers making up to them, but he did not know what they were, and now he says he saw the colours flying all the time? - I knew the colours when they came along side I saw the colours flying, but did not know what colours they were till they came along side.

Mr. Soliciter. Where are revenue cutter colours usually hoisted? - The usual

place on board of such vessels as these is the mizen mast head.

Had those ships any other colours besides at any other place? - I cannot say.

Court. Were there any guns fired out of your ship? - There was no firing out of our ship before they fired the two muskets.

But was there any gun fired out of your ship before they fired the broadside? - No.

Could you distinguish which of the vessels first fired a gun after the two muskets? - The Hawk to the best of my knowledge.

What space of time was there between their firing and yours? - Not a moment.

And you were all ready to receive them before their fire was given? - All ready.

You did not answer their hail or their shot? - We did not answer their hail as I heard.

Mr. Solicitor. In which case, my Lord, the act of parliament says the revenue cutters shall fire.

Court. What did you take them for when you ran away from them? - We took them to be two revenue cutters.

Mr. Solicitor General. How long did this engagement last? - I believe three quarters of an hour before the Lynx came up.

Jury. You had ceased firing before the Lynx came up? - Yes.

Had you struck before the Lynx came up? - No.

What was the reason of their ceasing firing on both sides? - Because, Sir, the cutter's lugger shot a head of us, and our sails were shot away, and would not hold wind, and we were put at a distance from each other, and the Lynx came up and poured a broadside, and the captain and mate were killed.

What became of your vessel after she fired? - Immediately after the captain was killed, who was a very resolute man, we struck; but he had threatened that he would blow the brains out of any man that offered to lower the fails, or strike.

What became of you, the crew of the Happy-go-lucky, after you struck? - Immediately they hoisted the boats out, and took us that were well on board of the revenue vessels, the wounded were left in the Happy-go-lucky.

Was the prisoner taken out of the Happy-go-lucky? - Yes; we were carried to the port of Falmouth, and put into Pendennis castle; the prisoner was also put there; we continued there five or six days, I cannot rightly be sure.

Were those arms on board your vessel at the time you went to Guernsey? - Yes, they were on board it when I came on board; they were all hid under the fails; but when we came within sight of the English land the guns were mounted.

How long had you been on the coast of England before you were taken as you described? - About four days; the guns were in their proper situations during those four days; after we had landed our goods we put them below, but in the time of the chace the captain ordered them to be brought on the deck.

Jury. Did you know for what pur- you went on board that vessel? - I had been sick, Sir, for a long time, and I was in great distress.

Did you know when you first entered on board that she was a smuggler? - I knew she carried goods, but I did not know that she carried any guns.

Mr. Garrow. You shipped on board her at Guernesy? - Yes, I made two trips; the captain concealed the guns; I did not know there were any.

What expressions did he use to the men to make them bring the guns upon deck? - He told all hands to go and get the guns up; he was a very resolute man, and threatened to shoot any man that attempted to strike or surrender; the prisoner had made three trips; that was my second trip in her.

Had he any thing in his hand by which he could have carried this threat into execution?

- He had two pistols and a cutlass; the mate was killed.

Had they both an interest in the cargo? - I cannot say; we had none; we were going back to Guernsey; the captain and mate insisted on our firing.

Before the Lynx came up, you had ceased firing? - The Lynx came up and poured in a broadside, and killed these two men, and we struck that moment.

Upon your oath do you believe that if any man had lowered or struck, he would have shot them? - He certainly would.

You have no doubt but he would? - He would actually have done it.

Were you then sighting at the hazard of having your brains blown out? - If we had resisted he would have blown our brains out on the spot.

You have told us that the revenue colours were hoisted at the mainmast? - Yes; in the course of the chace the revenue cutters were astern of us; when they came nearer they fired some muskets; it might be two or three, I cannot say which.

One question more, as you are a witness for the crown I take it I have a right to ask this question, upon the oath you have taken, do you believe that the prisoner either had any malice at all to any body on board the ship, or that he at all resisted in this engagement from his own free will?

Mr. Attorney General objected to this question, and it was waved.

Court. You say you made two trips in her? - Yes.

And you landed goods both times? - Yes.

At the first time when you came within English shore were these guns then hoisted? - No, Sir.

How happened that? - Because he never had them mounted without he saw something.

What did you see when you got the second time within sight of the English land? - I saw a vessel under the land, and took it to be a lugger.

What as you came to land? - Yes.

Jury. What station was the prisoner in? - He was a foremast man; he was at some of the small arms; he was abaft, but I cannot say whether he fired; he was not serving the guns in the waste before the mainmast.

Mr. Garrow. The guns were never mounted till you saw something on the second trip? - No.

You were shipped then? - We could not get away; we were shipped.

Court. When these guns were mounted on the second trip, were you all of you on shore? - No, he would not let a man go on shore.

Mr. Fielding. We call no witnesses.

Prisoner. I have nothing to say.

NOT GUILTY .

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

Court to Prisoner. I am desired to admonish you that you have had in this case a very great escape indeed, and I hope it will be a warning to you never again to engage in these matters.

Reference Number: s17860719-1

The Trials being ended, the Court proceeded to pass Sentence as follows.

Received sentence of Death, 12, viz.

John Strong , Joseph Burdett , James Evans , James Gale , Daniel Chambers , John Turwood , William Britton , William Knight , Charles Martin , John Crawford , Samuel Burt , and George Townshend .

William Wynne was brought up and informed, that the Judges approved of the verdict of the Jury, and he was sentenced to be transported for seven years.

To be transported for fourteen years, 2, viz.

Mary Wade otherwise Cocklane, (Africa), Roger White .

To be transported for seven years, 34, viz.

Edward Saunders , William Brown , William Jones , Peter Povey , Ralph Fores , William Smith (Africa), William Robinson , Elizabeth Needham , James Gardner , Thomas Pickard , Hugh Gahagan , Lucy Brand otherwise Wood, Thomas Bishop , Edward Smith , David Cree , John Willis , Richard Hickley , James York , Joseph Wild , Richard Grace , William White , Samuel Newton , John Morris , John Lloyd , John White (Africa), Thomas Evans , John Hack , Thomas Clark , Thomas Preston , James Carrol , Thomas Burgess , Thomas Flood , Samuel Ward , and Edward Abbott .

To be imprisoned twelve months, 9, viz.

Hugh Price , Louisa Davis , Mary Burk , Phebe Tarrant , Joseph Brown , Francis Jenkins otherwise Gippey, Mary Moon , Ann Holloway , Joseph Cooper .

To be imprisoned six months, 11, viz.

Elizabeth Baynes , Margaret Watson , Sarah Allen , Ann Chapman , James M'Geary , William Mason , Nicholas Riley , Thomas Spencer , Elizabeth Mitchell , Sarah Howlett , John Smith .

To be imprisoned one month, 1, viz.

Elizabeth Hornsby .

To be publicly whipped, 8, viz.

John Langford , Thomas Edwards , Joseph Jones , William Bartlett , Charles Hoppey , Samuel Joseph , William Mason , Richard Stocker .

Reference Number: a17860719-1

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 ShortHand

"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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