Old Bailey Proceedings, 30th August 1786.
Reference Number: 17860830
Reference Number: f17860830-1

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 30th of AUGUST, 1786, and the following Days;

Being the SEVENTH 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 VII. PART I.

LONDON:

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

MDCCLXXXVI.

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable THOMAS WRIGHT , LORD MAYOR of the City of London; the Honourable Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate; holden for the said City and County of Middlesex.

London Jury.

Richard Bullock

James Elworthy

John Waitte

Robert Tunno

John Pailey

Thomas Rogers

Ralph Yates

Stephen Reynolds

Thomas Zennable

Alexander Sangster

Robert Phipps

Benjamin Taylor .

First Middlesex Jury.

John Beck Heather

Adam Wright

Richard Deakin

Thomas Benwell

Richard Kilsby

William Dodd

John Jones

Thomas Page

John Lovell

James Hawkes

Thomas Ellis

John Bell .

Second Middlesex Jury.

Edward Berry

John Hinchliffe

Charles Rymer

George Smith

James Thomlinson

Edward Hales

John Beven

William Weaver

Joseph Treble

Charles Smith

Thomas Grays

* Thomas Turner .

* George Humphrys served the second day in the room of Thomas Turner .

Reference Number: t17860830-1

661. ROBERT JONES was indicted for feloniously stealing, on the 27th day of July , one silver watch, value 20 s. the property of Anthony Pearce Morris .

(The witnesses examined apart.)

ANTHONY PEARCE MORRIS sworn.

I only prove the property.

ELIZABETH MORRIS sworn.

I am the wife of the prosecutor; the prisoner came into my shop the 17th of July, about six in the evening, and asked for a pair of buckles at three shillings and sixpence; I went to the other side of the counter to get the buckles, and he came from the side where he stood where the watches, were with his hand in his breeches pocket; he took the buckles out of my hand, and put three shillings and six-pence into my other hand, and went out directly; I immediately suspected him; I went on the other side of the counter and missed a silver watch; I directly ran after him and got sight of him; I saw him run down Craven-street about three doors from our shop; I called out stop thief; he was stopped and brought back; I did not see him stopped; the watch was not found upon him; it was brought to me by John Smith ; he has got the watch; it was marked R. J. he said he had not taken it; I am sure the prisoner was the same man that was in the shop.

Mr. Sheridan, Prisoner's Counsel. Was not this day that the prisoner came to your house a remarkable day for a rowing match? - Yes.

Is not Craven-street from your house a direct way to Whitehall stairs? - Yes.

Had not you two customers in your shop? - Yes.

Did you know them? - No.

Might not they have committed a little depreciation as well as the boy ? - They might; it was possible.

Do you buy for your husband? - No.

You are not a manufacturer of watches? - No.

You cannot swear positively to that watch? - Yes, because it had R. J. upon it.

Court. When had you seen the watch before? - About half an hour.

ELEANOR SMITH sworn.

I have the watch; I picked it up and gave it my husband; I picked it up in my master's area, No. 29, Craven-street, in the Strand, I found it in four different parts, it was on the 17th of July, about a quarter after six; I was sitting in my master's kitchen, and heard the cry of stop thief; I looked up and saw the watch drop down the area out of a person's hand, but I could not see who threw it down; my husband was sitting with me at the table, and I took the watch and gave it to him; he went out immediately to see who it was that threw it down; the boy was just then stopped; they took him up the street; the prisoner was the boy I saw taken; my husband brought the watch back again, and in the evening Mr. Morris called upon me in my husband's absence, and he took it home with him.

Did you observe the watch that was brought back again? - Yes, it was the same my husband brought in first, and Mr. Morris took it away, and carried it to the Justice's; I have had it ever since; I took notice of it before I gave it to Mr. Morris that evening; I am sure it is the same watch I first picked up.

(Produced and deposed to.)

Jury. Have you the name and number of the watch in your book? - No, Sir, I took it in change; I do not deal in watches; I have but two.

Mr. Sheridan. Who do you live with? - I live with Mr. Brown a wine merchant; I know the watch again; it was scratched E. F. or E. J. I cannot tell which.

Are you sure it was not R. J. - Yes.

Did you take particular notice of the scratch? - Yes.

Are you correct in your recollection what the scratch was? - It was E. I. or E. F. I cannot tell which, but I am sure this is the watch; I observed bruises in the watch towards the hand.

Court. Should you have known the watch if it had not been for the letters that was scratched upon it? - I should.

Then without these letters you would have known the watch again? - Yes.

Are you at all sure what the letters

scratched on the inside were? - I am not sure any more than I think it is E. F. or E. I.

Court to Mrs. Morris. What was the mark of the watch that was lost? - I. R. to the best of my remembrance.

I. R. or R. I. - I. R.; I never looked into the watch before; I did not know it by the mark.

By what did you know it? - We had but one silver watch in the shop, that was an old watch that had been worn; I did not know the maker's name.

To Mr. Morris. How long have you had the watch that was lost? - About two months; I had not entered the marks in any book; I have looked at the mark on the inside of the case, R. I. and that is all that I know it by; it was the name of the person I changed it with; it was scratched on the inside of the case.

Look at the watch now, and see if it is the same watch? - Yes, it is the same; I went to No. 29, in Craven-street the evening of that day, and received the watch from Mrs. Smith, and carried it the next day to the Justice's; I kept it separate at that time; I am sure that is the watch; I gave it her back again; it was the same Mrs. Smith gave me that evening.

Mr. Sheridan. When did you see this watch previous to its being lost? - I saw it in the case before I went out; I went out about three.

Your shop is pretty well frequented? - There were several customers came in, in the course of three hours; I changed it with Richard Johnson a school-master.

(The watch shewn to the Jury.)

WILLIAM SUTTON sworn.

I was coming along, and heard the cry of stop thief; I looked up Craven-street, and saw the prisoner running at a considerable distance, and several people were running, but I saw nobody speak or touch him; the others were running in pursuit of him at a considerable distance; I stopt the prisoner.

Who first came up? - Nobody in particular; nobody touched him till I delivered him to Mr. Morris's shop; the alarm was given from that shop; when I stopped him, he said, he had done nothing; he did not object to go back; I saw him throw down nothing.

JOHN WAITE sworn.

On the 17th of July in the afternoon I was looking out of my master's window in Craven-street, and I saw the prisoner coming down the street; he was in the street before I saw him; he was walking pretty fast; I heard the cry of stop thief, and when he was opposite me he began to run a little faster; and I saw him put his hand in his pocket and take something out and throw it through the iron bars of the area of Mr. Brown; I saw him stopped by Mr. Sutton; I am sure the man that was stopped as the same man that threw something down the area; he was never out of my sight.

Court to Eleanor Smith . The watch that you received back from the prosecutor I think you say you have had in your custody ever since? - Yes, I am sure that is the same watch whatever is the mark of it.

Are you sure that that watch you gave to Morris, was the same you picked up in the area? - Yes, I am quite sure of that.

PRISONER's DEFENCE.

I was going down the Strand to see the sailing match; I went into the prosecutor's shop and bought a pair of buckles; and paid for them; two other women were in the shop; I saw them take nothing; I am sure I took nothing myself; I have some friends, but I do not think they are here.

GUILTY .

Tried by the first Middlesex Jury before Mr RECORDER.

[Transportation. See summary.]

Reference Number: t17860830-2

662. MARY FRAZIER was indicted for feloniously stealing, on the 24th day of July last, one handkerchief, value 2 s. one half crown, value 2 s. 6 d. and three

shillings in monies numbered, the monies of Nathan Suttle , privily from his person .

NATHAN SUTTLE sworn.

I am clerk to Mr. James Suttle an attorney ; on the 24th of July I was invited to supper and staid rather late, till about half after twelve; I live in Tavistock-street, Bedford-square; Mr. Seddon has a house there; as I was going home up Plumb-tree-street, Holborn , the prisoner overtook me, and asked me where I was going; I told her I was going home; she came running after me and stopped me; we fell into conversation about a minute; in the mean while the watchman came round, and she said, I cannot stop, I must go, the watchman will take me up; very well, says I, go; I turned round and walked on; thinks I, this woman has not taken my watch from me, I hope; I felt in my pocket and found it was there; I then felt in my left side coat pocket, and it was turned inside out, and my handkerchief was gone; then I felt my breeches pocket, and found it was turned out likewise, and I had lost a half crown piece, and three shillings; I immediately returned and could not see anything of her; I went into a publick house and saw her standing at the bar; I called the watchman, and we took her into custody; she was searched, and my handkerchief was found in the watch-house, not half a yard from her; she afterwards acknowledged that she took the money and handkerchief from me; she staid at the watch-house all night.

Did you feel her take the money? - No, I did not.

How could she turn your pockets inside out without your feeling it? - I do not know.

How is that possible? - It was possible; it was done.

Are you sure you did not feel her hand about your pocket at all? - Yes, Sir, I am sure I did not; she said, she took eight shillings from me, but I had only three shillings and a half crown in that pocket.

What excuse did she make? - She did not say any thing else to my knowledge.

CORNELIUS HARRAGON sworn.

I am a watchman; this gentleman called me, and said, a woman had robbed him of his pocket handkerchief, a half crown piece, and three shillings; I went with him to the King's-head, in Broad St. Giles's; and the woman acknowledged at the watch-house before him and me, that she had taken the money; the gentleman said, he would forgive her if she would only acknowledge it; that was before she said anything; I searched her, and found nothing about her; the handkerchief was found in the watch-house.

PRISONER's DEFENCE.

The gentleman offered me two shillings.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-3

663. PATRICK SUMMERS was indicted for feloniously stealing, on the 2d day of August , one canvas bag, value 6 d. and fifteen pounds weight of tobacco, value 10 s. the property of our Lord the King .

A second count, Laying it to be the property of Joseph Kite .

A third count, Laying it to be the property of persons unknown.

The indictment opened by Mr. Litchfield, and the case by Mr. Silvester.

GEORGE DRAPER sworn.

I am an officer in the excise; on the 29th of July last, I seized some tobacco from John Newton in Bermondsey-street; I left it in the custody of Mr. Joseph Kite , to be carried to the Custom-house , which he did, and on Wednesday following I went with him to the warehouse to take it out, and he laid it at the cellar door; he came back, I went away about five or six minutes, and left it in his custody, and when I came back it was gone; in about a

quarter of an hour Mr. Lewis brought the prisoner and the tobacco; it had the same seal upon it this is

"the 31st of July,

"1786, Joseph Wright it is, but it should

"be Kite; fifteen pounds of tobacco;" I am sure it is the same.

Court. What is Kite? - He is an officer in the customs .

You had made the seizure? - Yes, and left it to Kite.

JOSEPH KITE sworn.

I am an officer in the Custom-house.

Draper, I understand, brought a bag of tobacco to you? - Yes, in order to return it to the Custom-house to have it condemed; I took it to the Custom-house and put it into the cellar where they take in the liquors; on the 31st I put a seal upon it; I had it the 31st of July; on the 2d of August, I had to take it to the proper warehouse, in order to have it weighed and condemned; I left it at the tobacco warehouse door, on the outside of the door; I desired Draper to look after it.

When the tobacco is condemned what do you do with it at the Custom-house? - They burn it; I came back to Draper and said, the warehouse keeper was busy; I ran to the warehouse keeper; I was not gone two minutes, and the tobacco was gone; it was the same bag that was brought back here, and the same seal upon it.

(Produced and deposed to.)

THOMAS LEWIS sworn.

I am an officer of the Customs; I saw the prisoner on the 2d of August

What had he with him? - I was coming from the Victualling-office, and I saw the prisoner and another coming over the hill; and I suspected him; having I verily believe this bag at his back; I crossed first one way and then the other, that he might not observe me; when he came near to me I caught hold of him by the collar, and seized the bag, says I, you have got some tobacco; I saw the seal upon it, it was just such another seal as this; I told him he had stolen it; says he, that man gave it me; I wish you would run after him, no, says I friend, that will not do, I shall take care of you; I took him into custody.

The prisoner did shew you another man? - Yes, the prisoner began to struggle; and another man came and assisted me, and took him and the tobacco to the Custom-house, and delivered it to Mr. Hart, and weighed it.

Draper. This is the bag that I saw that had the seal on it; I saw the prisoner sitting on the cask.

Court. Was Kite answerable to any body for it? - Yes, he must have been answerable for it to me; the people I seized it for would have laid it before the board, and I must have been discharged if I could not have given an account of it.

Court. What did you seize this for? - Being run, and having no certificate.

What was the weight of it? - Twenty pounds; by the late act of parliament it is liable to seizure if above six pounds.

PRISONER's DEFENCE.

A man overtook me on Tower-hill, and asked me to carry it; I fancy he saw this gentleman and knew him; he was to give me sixpence to carry it into Well-close-square, and this man met me, and took it from me; I told him it was not mine, and there was the man that it belonged to.

How came you to take it from him to carry? - He was to give me sixpence to carry it into Ratcliffe-highway; but now I find it was a fixed thing, as he saw the man, and knew him; he owned at the Justice's that he knew the man.

Court to Lewis. Did you know the man? - Yes, I knew him to be about the quays as well as this man.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17860830-4

664. ESTHER ABRAHAMS was indicted for feloniously stealing, on the 27th day of July last, twenty-four yards of black

silk lace, value 50 s. the property of Joseph Harrop , and Charles Harrop , privily in their shop .

HANNAH CROCKETT sworn.

I live at the prosecutor's in Coventry-street ; I have been a shop-woman there these twenty years.

What is the firm of the house? - Joseph and Charles Harrop ; on Thursday the 27th of July the prisoner came into the shop, between two and three, and asked for some black lace; I took down a box and shewed her some, and she took up one piece; there was another person in the shop, that was serving another customer; she is here as a witness; I shewed her a piece of black lace, and asked her two shillings and tenpence, but told her I would take two shillings and nine-pence; she bid me measure it, and there was nine yards; she asked what it came to, I turned round and took a pen and cast it up, and it came to one pound four shillings and nine pence.

Did you turn from her? - Yes, and the mean while I turned, she took a piece of lace; I was obliged to turn my back to her to get the pen; she then said, she would not give me any more than a guinea for; I then looked in my box, and missed a piece of black silk lace.

How much might there be in this piece? - Twelve yards; the prisoner said, she would give no more than a guinea; so missing the pice of lace, I said, if you will stop, I will see if there is any thing here that will do for you; I looked in one box, and then in another; she went away and got two doors from us; I went after her, and said, you have taken a piece of lace, and she said, she had no such thing about her, and while Elizabeth South who was in the shop serving, went up stairs, she put her hand and dropped two cards of lace; I heard them drop, and I said, there you wicked devil! you have dropped two cards of lace.

Can you swear it dropped from her? - Yes, I can; I saw her put her hand down; I heard them drop; there was the laces; and one by putting it into her pocket was off the card; I took up two pieces of black silk lace, twelve yards in each; they were the property of the prosecutors; I can swear to the private marks that was upon the cards, one of the marks is, E. P. and P. R; they are the hand writing of Mr. Charles Harrop ; I can swear to the writing; the one I missed first is marked P. R. she dropped two, but I missed only that one; I know the pattern; we had only one of that pattern, which made me miss it.

Did you ever examine to see if the other was missing? - I did after we had been at the Justice's; the second card of lace was in the shop that morning before the prisoner came, and we had sold none that day; we sell it for three shillings and four-pence; it costs us two shillings and sixpence.

Was it an old house keeper? - I fancy we have had it about a twelvemonth; the other was twelve yards, valued at twenty-pence per yard.

Had you any idea of this woman's taking it? - I had not, till I saw it was gone.

Did you see her at any time make any mot on at which time you might conceive she took it? - No, not at all.

She did nothing that could induce you at the time to think she was taking it? - No.

Jury. Pray had she any money in her hand? - I did not see any; I did not search her.

Mr. Garrow, Prisoner's Counsel. You say you did not search her yourself, was not she searched by any body? - She was not searched at all.

Not in the back parlour? - No.

Nor in the shop? - No, not at all.

Was she so long in the shop as twenty minutes before you followed her? - I dare say she was.

Yours is a pretty large shop? - Yes.

How many people were backwards and forwards in the shop? - There were two people, but they were gone, besides Bartlet and South; the customers were gone before I shewed her the lace.

Are you sure of that? - Positive of that; I was on the opposite side of the counter.

Were they men or women? - It was a man and a woman.

Court. Was there no lace lying about the counter? - None at all; they never lay about the counter; we sold the other customer black Barcelona handkerchiefs.

Mr. Garrow. Was Elizabeth Bartlet in the shop? - Yes.

She is not here? - No.

You had not sold any lace in the course of that morning. - No.

How many persons serve in the shop besides you? - There are two persons besides me, two shopmen; the shopmen were at home; they had never shewn any lace that day; the men are never allowed to shew lace till I am present.

How near was this woman to the counter at the time you supposed the lace to have fallen from her? - She might be the space of half a yard.

With her back to the counter? - No, her face to the counter.

From which side do you suppose this lace to have fallen? - The right hand pocket; I was standing at her right hand side.

As soon as she went out of the shop you overtook her, before she got two doors from the shop? - Yes.

Then of course you went out almost immediately after? - Certainly, Sir.

Now I wish you to swear positively, if you chuse it, and recollect that the life of that woman depends on your answer perhaps; will you venture to swear that the lace did not fall from the counter? - Yes, I will.

Did you see it drop? - No, I heard it drop, and that is sufficient.

A pretty common lace for a cloak is it not? - It is not a common ordinary cloak lace.

Is not it a very usual cloak lace? - Yes.

Now how many thousand yards like that do you think I could purchase in the street where you live? - I cannot say to that pattern.

Court. Are they both common laces? - Yes.

Mr. Garrow. Are not they both remnants? - We do not look upon it as a remnant; there are different lengths.

How much is there in a piece? - There were thirty-three yards of this originally; now there are twelve yards, a proper quantity for a cloak.

Do you take this to be a whole piece? - Sometimes we have them in twelve yards.

Upon your oath do not you know it is not a whole piece, look at it, has there been none cut from it? - It may be cut.

Upon your oath has it not been cut? - I am not sure, I cannot say.

Upon your oath has it not been cut, and do not you know it has? - I have not cut it myself.

Upon your oath are not you sure it has been cut? - I told you I cannot tell nothing at all about it; I cannot take my oath to it.

Do not you know it has been cut by the inspection of it? - It may have been cut.

Do you believe it has not been cut? - I cannot tell.

ELIZABETH SMITH sworn.

I live with a friend, one Mrs. Brown, in Silver-street, Mrs. Brown and I always use the shop for what we want; and I happened to be in the shop, and saw the prisoner there, (and I saw Mrs. Crocket shewing her lace,) on the 27th of July, between two and three; I am sure it was the prisoner; I was in the shop, and the other shop-woman was serving me; her name is Elizabeth Bartlett ; nobody else was in the shop but Mrs. Crocket serving the prisoner with the lace.

And you saw no more than that? - I saw the lace on the ground as Mrs. Crocket moved the prisoner.

How near might the lace be to the prisoner?

- Close to her; Mrs. Crocket said, I insist on having this woman searched, and the prisoner immediately put her hand under her cloak; then I saw the lace on the ground.

Mr. Garrow You was purchasing something of Miss Elizabeth Bartlett I understand? - Yes.

And then you saw the lace on the ground? - Yes.

Prisoner. I leave it to my counsel.

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

Guilty of stealing, but not privately .

Tried by the first Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17860830-5

665. JOHN WATSON was indicted, together with one ROBERT PATCH , for feloniously stealing, on the 24th day of June last, one silver watch, value 4 l. one steel chain, value 1 s. one metal seal, value 6 d. one steel key, value 2 d. one pair of silver shoe buckles, value 10 s. one silver stock buckle, value 2 s. one cloth great coat, value 10 s. one dimity waistcoat, value 2 s. one linen shirt, value 5 s. two stocks, value 6 d. three handkerchiefs, value 4 s. one pair of leather shoes, value 2 s. one pair of cotton stockings, value 1 s. one pair of leather gloves, value 1 s. and 6 s. in monies numbered, the property of John Barrell , in the dwelling house of Humphry Evans .

JOHN BARELL sworn.

I was in the house of Humphry Evans the 24th of June last, in the Vine, in Vine-street , a public house; I lost a silver watch, and the other things in the indictment; (Repeats them.) I lost them in the day time, from a little parlour at the front of the house; it was about three or four in the afternoon; I came to town to see my brother, who lived with a gentleman in Brompton-row, and to get a place; I was walking up the Hay-market as fast as I could, and a short fellow overtook me; he was an entire stranger; he said he came out of the country; I had not been in town two hours; I came from Great Brampton in Essex; I was in town once before, three years ago; the short fellow came up to me, and said, Sir, do you come out of the country? I said Yes; he said he came out of Nottinghamshire two days before, after some parish business; and he was going to his attorney's to receive one hundred and twenty guineas; and near the upper end of the Haymarket he ran and picked up something, which he said he thought was a garter.

Did you ask him what it was? - No, he said it of his own accord; I said nothing; he said it felt heavy; he run pretty brisk about thirty yards before me; I thought he was gone away from me; he appeared quite like a countryman, with a great coat and a flapped hat on; after he took it up he stopped till I came up to him, and then he said, it does not appear like a garter, it seems heavy; and he said, when we come to a public house we will go in and see what it is, it is a poor prize that will not bear a pint of beer; we went on, and when we came to a public house, says I, here is a public house, we may as well go in there, for I am very dry; no he said he did not chuse to go in there, he would go to a house right over to his attorney's, where he put up when he came to town, to receive his money; he took me up several turnings to a public house which I since found to be the sign of the Vine in Vine-street; when we came in there the prisoner sat in the parlour, seemingly doing business in his pocket-book, writing; and he did not seem to take any notice of us, or we of him; we called for a pint of beer when we went in, and he sat a while, and after he had done he asked if either of us two could give him a wafer; and we told him, no; then he went out under pretence of getting one; he was gone the space of two or three minutes, and while he was gone this short man pulled out a long silk purse, and untied it, and at one end of it there were some papers, and he took them out, and asked me

to read them; he said he could not read; and I read them, and one of them was a bill and receipt for a brilliant cluster diamond ring; the receipt was this, I remember the words, Received of Mr. Smith, a brilliant cluster diamond ring, value two hundred and fifty pounds some odd money, but I do not know what; after I had read it this prisoner came in, and the short man would not believe my reading it, he thought I must be mistaken; the short man seemed very much surprised and overjoyed, and asked the prisoner to read it; he read it the same as I did; and he seemed to be very much overjoyed, and asked the short man whether he was to give me any of it, and he told him, yes, he had agreed to give me part of it, for he said if he had not picked it up I should; I told him it was a thing of great value, and a thing of consequence, and it would be advertised; and the prisoner said, no, we had no occasion to be afraid of that, for it was Saturday, and could not be advertised before Monday; and I told him the person that lost it had an undoubted right to it, and the prisoner said sho, sho, you need not disturb yourself about that, cannot you keep your own counsel; I shall never speak of it to be sure, says he, for I am a capital distiller, and do not do it out of any regard to money; then the prisoner asked this short man whether he was agreeable to give me part of it, and the short man said, yes; then the prisoner asked the short man how much he would give me; then I said I did not care what he gave me, if he gave me five pounds I should be content; then the prisoner asked the short man if he would leave it to him, and he would do justice between us both, so the other man agreed to it; and he said, let the prisoner say what he would it should be right; then the prisoner said, the man that picked up the ring was to have one hundred and fifty pounds, and I was to have one hundred; then the prisoner asked this short man if he had the money, and he said no, he was going to his attorney to receive one hundred and twenty guineas, and if I and the prisoner, whom he then called a gentleman, would stop a quarter of an hour, he would go over for it, the prisoner said he was in a great hurry to go to Weston about some business , but he would stop a quarter of an hour; accordingly this short man went out of the room under pretence of getting the money; he was gone nigh a quarter of an hour, when he returned he said his attorney was gone to little Chelsea, and would not be at home till eight at night; and he said he asked the attorney's lady whether she could let him have the money out of her private purse, and she told him no, she had not so much money; then this short man seemed confused, he said what am I to do now? I want the ring for a friend in Nottinghamshire, a very particular gentleman, he said he did not like to part with the ring, for it would be of more service to him than ten times the worth of it; then the prisoner says to him; Sir, will you trust me with the ring; and he said to the prisoner that he would; accordingly he gave him a direction where he pretended to live, at No. 20, Old Bond-street, a capital distiller.

What name did the prisoner call himself? - He said his name was George Bearcroft ; then the short man gave the prisoner the ring; and after that the prisoner asked me what money I had in my pocket, I told him but very little, and was loth to part with it; and he said, I must give him all my things, and in particular my money, as a token of my honesty that I would not go to demand the ring before the short man the next morning; I gave him six or seven shillings, I do not know which, I kept back 1 s. or 18 d. the prisoner wanted more, and after he found I had no more money, he said there is your watch, that will tell up; and he wanted my buckles; I delivered my watch and buckles, they were silver; I had my other clothes tied up in a handkerchief like a bundle, and he wanted them.

Did you give him them too? - Yes; that bundle contained the things in the indictment,

and my silver stock-buckle was in my pocket, I gave him that with my money.

Court. He asked for the bundle and you gave it him? - Yes, he asked for it.

And you delivered it to him? - Yes, He did not get the things off my back; after he got all my things I was quite confused, and wanted to go out of the room; I attempted to go out; and he desired me to keep back; he wanted to know what I meant by going out; after that he wrote a kind of an agreement that I should not prosecute him, and bid me set my hand to it.

Then at his desire he told you to sign it? - Yes, he said you must set your hand to this that you are not to come to demand the ring at my house in Old Bond-street before the other man comes; says he this paper is because neither of you two gentlemen should not bring me into trouble about it; the short man made a mark.

Then he did not use the word prosecute? - No, that we should not bring him into any trouble; after we had signed the paper the short man went out, and I went out, and left the prisoner in the room; and I took out my buckles out of my shoes; and the short man took out his metal buckles out of his shoes, and bid me put them into mine till the next morning; the prisoner said he would send my things to his house in Old Bond-street, and I should have them again the next morning, and the short man was to give me the money the next morning, and he was to keep the ring, I was not to have the ring at all; if he was not there, I was to stay till he did come; and the short man said he could bring the money in the morning; all this was done in the parlour.

What is your silver watch worth? - About four pounds, the silver shoe buckles ten shillings, the stock buckle two shillings, coat ten shillings, almost new, the shirts I value at five shillings, they were worth all the money charged; I went away with the short man, and he told me he would take me into my path again; he took me to Piccadily, opposite St James's church, and there he ran away without speaking a word; he ran across the road; and then I suspected I had been robbed; he ran into a gateway, and I saw no more of him from that time to this; I went to No. 20, Bond-street, but no such person lived there; I enquired for one Mr. Bearcroft a distiller, and the people were milliners, and they told me there was no such person in the street; I went by the place several times, and then I looked for the public house several days, and at last I found it, and they told me these two men had been there two or three times before, and had taken several people's property from them by the same method.

The people of the house told you so, did they? - Yes.

Court. This house ought to be taken notice of.

How came this man to be taken? - I mentioned it to Mr. Hunter an inspector, who went to the house, and threatened to take away their license, and so the prisoner was taken at his own house, and dividing a Scotchman's pack; on the 5th of August, Mr. Lucas the constable came down to me into Essex, and brought me up; I saw the prisoner at Litchfield-street-office the next day; I knew him as soon as I saw him; I am sure and positive he is the man.

Court. When the short man made his escape, did you come back to the public-house? - I went immediately to No. 20, Bond street.

Prisoner. Ask him whether he left his buckles in the bundle? - The short man had the buckles.

Prisoner. Whether I did not advise him and his friend to have the property advertised? - No, upon my oath, I mentioned it to them, it was all I had in the world; I have been five or six years getting them; I have nothing but what I have on.

ELIZABETH STANTON sworn.

That is the man that came into our house and one Peters; I am the landlord's daughter, his name is Humphrey Evans ; I am

married; I remember the prosecutor being at my father's house; I suppose it is about two months ago or better since this was; he came into the house since with another man.

Did you ever see the prosecutor in your house before? - No, Sir.

How did he come in? - The prisoner came in first, then the prosecutor came in with a short man; I do not know his name; I know the prisoner; I will be upon my oath he was at our house when the prosecutor came in; I did not hear any thing pass in that room, no farther than the prosecutor came out and left him, and the prisoner came out directly after with the prosecutor's bundle and came to the bar and asked if a lawyer had left a letter for him.

Did you observe when the prosecutor came in whether he had any bundle? - Yes, he had.

Had he any when he went out? - No, none at all, the prisoner had been at our house once or twice with some people but they did not stop; he went out again.

Then you knew his person? - Yes, Sir, he came afterwards with a Scotchman in a fortnight or three weeks; and then I went to Mr. Hunter to have him taken; Mr. Hunter then directed us to take him if he came; I am sure this is the man that was in the parlour with the prosecutor.

Prisoner. Was the witness in the house at the time when the prosecutor went out? Yes, I was in the bar; the prisoner came and spoke to me, and I saw him go out of the house.

EDWARD LUCAS sworn.

I am a constable under the duke of Bedford; I had divers informations against this man and Patch; and I apprehended him; I found this chaise at the office in Litchfield-street; I went into Essex and fetched the prosecutor; that is all I know.

JOHN BEAMISH sworn.

I assisted Mr. Lucas in taking the prisoner; I know nothing of this affair.

Lucas. The first time he was taken was the 22d of July, and about a week after we took him again; I think on the Sunday following.

WILLIAM PICKERING sworn.

From the information I received of the robberies having been committed at this house; I took up the prisoner from the information of the people of the house.

PRISONER's DEFENCE.

I was writing in this room at the publick house in Vine-street, when this man came in with the other; I sat there about five minutes they took out a paper to read; they forced their discourse to me; they asked me to read it for them; it mentioned concerning a diamond ring; I did not take notice of the value; they said, they found it coming up the Hay-market, and asked me to see it settled for them, as he was a stranger in town; I advised them to go to their friends and have it advertised; and the prosecutor insisted on having part of it; the other man said, he had no money; the prosecutor would not leave him without his part; when he said that, this man then proposed leaving it with me as we were all strangers together, and he said he was willing to leave every thing he had for security for it; I wrote it down; the Magistrate gave the paper to Mr. Lucas; if you please to peruse it.

(Hands up a paper.)

Lucas. I really forgot this paper.

Prisoner. It was by this man's desire that he got me to do it.

Court. Do you desire to have that paper read? - If you please to read it that will be sufficient.

Court to Prosecutor. Was there any mention made of the Red-lion in Piccadilly? - No, my Lord, not a single word.

Prisoner. That was wrote in the presence of this man at the time he signed his name to it.

Court. I can give you no advice, if any matter of law arises, it is my duty as Judge to advise the prisoner; but as to any matter of evidence, the prisoner must trust to his own judgement; if you desire to

have that paper read, you may; take notice, I do not advise you; would you have that paper read, or not read? - Yes, my Lord, I should like to have it read.

Court. Now mind, friend, you make it evidence in the cause.

(The paper read.)

"Signed, Joseph Barrell ;" Robert Anderson 's mark;

" Robert Anderson leaves

"with me John Watson , one diamond

"ring, not to be returned till both present;

"and if the said John Barrell shall

"come to demand it at the Red-lion Piccadilly

"before both are present, shall forfeit

"what he leaves, which is, five shillings,

"a pair of silver buckles, and stock

"buckle, one shirt, two stocks, two handkerchiefs,

"and a waistcoat; as witness

"their hands; and great coat, and a

"watch."

Prisoner. On the next morning, the 25th of June, on Sunday, at the time appointed, I went to that place, the Red-lion to meet these people; I waited there a considerable time, the other man came and this man never came; and I returned the other man every thing, and the ring too; and I drew up this receipt.

Court. Gentlemen of the Jury, it is proper for you to see how that Red-lion, in Piccadilly is written.

N. B. The words John Watson and the Red lion appeared to be put in a different ink, upon a blank that had been left, and the word Piccadilly was interlined.

(Shewn to the Jury.)

Court to Barrel. Are you sure that the Red-lion in Piccadilly was never mentioned? - As I hope to be saved it never was mentioned nor any such place.

Prisoner. I gave him a direction that day to send it to that place.

Prosecutor. He gave me a direction to send it to No. 20, Old Bond-street; this is all the direction I ever had.

(The direction handed up to the Court.

(Read.)

" George Bearcroft , No. 20,

"Old Bond-street, distiller."

Prisoner. I never gave him that direction at all.

Court to Prosecutor. Did you receive any other direction from him? - I never did.

Prisoner. My Lord, this man could read, now could I give him that direction because he read my name in the other paper.

Prosecutor. The prisoner gave me that direction, and no other.

GUILTY , Death .

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

Reference Number: t17860830-6

666. JANE HERBERT otherwise ROSE otherwise JENNY RUSSELL was indicted for feloniously stealing, on the 25th day of July last, in the dwelling house of Henry Pincott , one promisory note, called a Bank note, No. 8269, dated 30th of March, 1786, value 20 l. being due and unsatisfied, and the property of Charles Poole , Esq .

CHARLES POOLE sworn.

On the 25th of July, as I was at breakfast, a person called for payment of a bill; I lodge at No. 10, Craven-street ; I ordered my servant to go into my bed room and bring my pocket book from my breeches pocket, in which was a Bank note, No. 8269.

When had you seen the note in your book? - I cannot say exactly; I can be certain I had the book on the Sunday, but I thought I had carried it with me all the time; the servant came and informed me it was not there; I had no suspicion of the prisoner, as her mistress told me she had lived there three years; however I began to suspect it was stolen; as my servant had lived with me eight years, I had implicit confidence in him; some time elapsed till Sunday the 30th; I had then reasons to suspect the prisoner; and I sent for William Rhodes the constable to search her; he searched her in my presence, and found upon

her six guineas and an half, one pound twelve shillings in silver, and thirteen duplicate of things that had been pawned.

MARY LOOLLEY sworn.

I am shopwoman to Mr. Samuel Jackman , a warehouseman, in Cranbourn-alley; I know the prisoner by coming to Mr. Jackman's shop on Friday the 28th of July, in company with another woman; I cannot exactly say whether the candles were lighted, but it was in the evening; that was the first time to my knowledge that I saw the prisoner; she bought a bonnet, and paid me ten shillings for it, she gave me a guinea, I gave her change, and she went out of the shop, and returned soon afterwards and bought a cap; and paid five shillings for it; after paying for the cap, she asked me if I sold cloaks, I told her I did, she desired to look at some, and she asked me if I could change her a note; I told her, if she could oblige me without changing the note, I should be very glad; she looked at the cloaks, and agreed for one, which was to be a guinea and an half, and then told me I must change her the note; I applied to a gentleman who lived next door; she gave me the note, it was a twenty pound Bank note; I have it now in my possession; the gentleman told me it was a good note; I changed the note; I told the prisoner there was not money enough in the till, and I had up stairs a ten pound note which I brought down and gave her, and gave her nine guineas and an half and sixpence, being the whole change, and then she returned me a guinea and an half for the cloak; previous to changing the note I asked her name, she said, Jenny Russell , and I asked her likewise where she lived, she said, No. 15, Norfolk street, Strand; I asked her if she kept the house? she said, no, she had only the care of it; I desired her to write her name on the back of the note, and likewise where she lived upon a piece of paper which I gave her, which she did; I put the day of the month and year on the note; the 28th; she went away; I was sent for to Mr. Hyde's office on Monday the 31st; I gave the note to Mr. Jackman, he took it to Mr. Hyde's; it is here. (Produced.) The 28th of July, and the figures 1786 under, are my writing; but Jenny Russell is the prisoner's writing; I rather think I put the date after the prisoner was gone; whether it was after she was out or no, I cannot say.

Are you certain you wrote it on the same note? - Yes.

Did you see the prisoner write that Jenny Russell ? - Yes.

Did you write the 28th of July, 1786 on it before you delivered it to your master? - Yes.

Did the prisoner pull that loose out of her pocket, or did she take it out of any thing? - No, out of a very nice red morocco pocket book.

Court to Prosecutor. What sort of a pocket book did you loose? - Something of this kind; a red morocco.

(Produces a small pocket book.)

To Loolley. Are you sure that is the same note you received of the prisoner? - Yes, I am very sure of it.

(Read.)

"No. 8266, dated the 30th of

"March, 1786; I promise to pay to Mr.

"Ab. Newland, or bearer on demand, 20 l.

"London, the 30th of March, 1786, for

"the Governor and Company of the Bank

"of England.

"O. Gethen."

Prosecutor. When the money was found on the prisoner, I asked her where she had it, and she said, she had some money from her mistress on the Friday.

PRISONER's DEFENCE.

I was coming in at the door Saturday night before; I picked the pocket book up at the door.

FRANCES PINCOTT sworn.

I keep the house in Craven-street, where Mr. Poole lodged; the prisoner had lived with me two years and an half; I was out of town at the time of the loss; I went

out of town on the Friday, and Mr. Poole came on the Sunday to fetch me; I had not paid her any money.

Did you pay her six guineas and an half when you went out of town? - No, I did not; I paid her about half a crown or three shillings.

Prisoner. I wish to ask Mrs. Pincott concerning my character? - She had lived with me two years and an half; I had a very good character of her, she behaved very well.

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

Court to Prosecutor. How long had you had the note? - I knew the number before it was produced at Mr. Hyde's.

Court to Mrs. Pincott. What is your husband's name? - Henry Pincott .

Jury to Prosecutor. In what manner did you lose the note, do you know? - I expected to find it in my pocket book.

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

GUILTY. Of stealing, but not in the dwelling house .

Court to Prisoner. You are vastly obliged to the Jury for their compassion; it is a horrid thing that servant s will behave so; she must be

Transported for seven years .

Reference Number: t17860830-7

667. JAMES FOOTHEAD was indicted for feloniously stealing, on the 30th day of July last, two pair of linen sheets, value 5 s. two pillow biers, value 2 s. sixteen stocks, value 10 s. five neck handkerchiefs, value 5 s. five shirts, value 20 s. two napkins, value 2 s. three handkerchiefs, value 6 s. three pair of silk stockings, value 10 s. two pair of nankeen breeches, value 6 s. two pair of casimere breeches, value 6 s. a pair of silk breeches, value 6 s. two pair of Manchester stuff breeches, value 6 s. a canvass bag, value 6 d. a brush, value 6 d. the property of William Plowden ; and a sattin waistcoat, value 10 s. and a pair of sattin breeches, value 20 s. the property of Francis Plowden .

WILLIAM PLOWDEN sworn.

I left town about three on Sunday afternoon.

What day of the month? - It was in July, the latter end of July; I think the gentleman at the bar was apprehended on the 4th of August, and it was the Sunday before that.

When did you return again? - Between nine and ten the same evening; when I returned I opened my drawers to take out a night cap or something, and I found that my drawers had been opened, and every thing of value taken out; I left the drawers unlocked.

Mention a few of the things that were lost? - There were several shirts, and three pair of black silk stockings; the marks are cut out of most of the things; there were two pair of sheets, and near two dozen of stocks, several pairs of breeches, handkerchiefs, neckcloths, stocks; I suspected the prisoner on account of my uncle having lost some things a few days before; and he suspected him, and said he would speak to his mother; I immediately called up the maid and told her, she said, she knew nothing of it; I said no more of it that night, the next morning I went to Bow-street; the prisoner acknowledged nothing.

Was any thing found in consequence of that? - I believe it was the Saturday following some of the property was found.

FRANCIS PLOWDEN sworn.

I permitted the prisoner to sleep in my house out of humanity and charity with his brother, knowing the mother to be a very worthy woman; this was while the family were in town, and when the family were removed out of town, I thought it would be an additional safety, supposing them to be honest; I went up to my wardrobe in my bedchamber, and found only one shirt instead of three; I returned home between ten and eleven, and made particular enquiry,

and found there were two shirts and a pair of silk stockings missing; I came to town the next day to speak to his mother; I did not find her; I went home and saw the property in my nephew's room; between two and three in the morning the things were all gone; we examined them at Bow-street, and nothing came out; we advertised the things and circulated handbill, and on Monday or Tuesday morning some of the things were found on the prisoner.

Mr. Garrow, Counsel for the Prisoner. I have only one question to ask of you, you have already answered it, you before supposed him to be a person of character? - That I certainly did.

JAMES ALDUS sworn.

I am a pawnbroker in Berwick-street, Soho; I produce three shirts, two pair of cotton stockings; on the 4th of August the prisoner came to me and pawned these things; he said, his name was James Hailes ; but on looking at the shirts, I observed them to be very good new shirts, and the marks seemed cut out; I asked him whose they were; he said, they were his, that he bought a whole piece of cloth, and gave three shillings and sixpence a yard for it; but I told him it did not appear to me as the marks were cut out; I took him to Bow-street; he had another shirt in his pocket, and another pair of stockings.

Mr. Garrow. Did he go out of your shop at all till you took him to Bow-street? - We secured him in the shop.

JOSEPH HOXTON sworn.

I produce two shirts, two pair of stockings, and one handkerchief, I had them of the prisoner on the 4th of August in the name of James Hailes ; I am sure the prisoner is the man; I did not know him before, he came between twelve and one; I asked him what the shirts cost him, he said three shillings and sixpence a yard; the marks had been taken out, I did not observe that at the time I took them in; he said, he lived at No. 4, Tottenham-court-road.

CHARLES JEALOUSE sworn.

I searched the prisoner, and in his pocket I found a duplicate of the shirts that were at Hoxton's, they were pawned for twelve shillings; and in his pocket I found two half guineas and a shilling; I asked him where the rest of the things were, and he told me immediately where I might go for them; I found a duplicate in his pocket, a shirt on his back; and a flannel waistcoat, a handkerchief round his neck, and a pair of stockings which the gentleman believes to be his; there was a vast quantity of property, and I asked him where the rest of the things were.

Was there any promise of favour if he would tell where the rest of the things were? - No, my Lord, we never do; he gave me a direction voluntarily where I might go and find these things that are mentioned, in a large deal box at a Cheesemonger's, in Wild-street; he said he had a lodging there, and had just taken it; I found the key of the box in his pocket before; I found seven pair of breeches, a quantity of shirts and silk stockings, of Mr. William Plowden 's, and this waistcoat and breeches of Mr. Francis Plowden 's, and a pair or two of silk stockings; I have the mark of them.

(Deposed to by Mr. William Plowden .)

I know these breeches perfectly well, but they are not marked, I have no doubt of them.

(The waistcoat and breeches deposed to by Francis Plowden .)

PRISONER's DEFENCE.

I have nothing to say but what I did before the Justice, that going out of Mr. Plowden's house at night I discovered a man going towards Queen-street with a large bundle, which then appeared to me to be a black; he threw it down, I came and took it up, and took it to my cousin's, and told him it was a parcel of my clothes, and I would call for it in the morning; I afterwards heard of the robbery, and was in hopes the things

would be advertised; I was not sure they were Mr. Plowden's things, but not finding them advertised, I began to dispose of them.

Mr. Garrow. My Lord, as to character I know there were several people who would have attended, but I told his mother and several more people that it was unnecessary.

Prisoner. I have given notice to several persons, and three capital merchants to attend.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-8

668. WILLIAM EMERY was indicted for feloniously stealing, on the 8th day of August , one silver milk pot, value 10 s. the property of John Benjamin Cole , privily in his shop .

JOHN BENJAMIN COLE sworn.

I keep a goldsmith's shop in Barbican ; I only prove the property.

MARY COLE sworn.

I am wife to the last witness; the prisoner came into my shop, on the 8th of August, between four and five; he offered me a bad sixpence; I told him it was worth a penny; he would not take it; I was standing in the shop; the milk-pot was on the counter; we buy silver, and gold, and bad money, and light money, and every thing; we always cut it at the time; the prisoner went out, and I missed the milk pot; I went after him directly; I had not been out a minute; I called stop thief; I did not see him stopped; two young men brought him back in a minute; I am sure he was the same; the milk-pot was in his pocket; I saw him pull it out myself, and throw it on the other side of the counter; he said he had nothing about him; I believe the constable took the milk-pot.

JOHN COLLINS sworn.

I took charge of the prisoner; I saw him take the milk-pot out of his pocket.

JOHN NEGUS sworn.

I took charge of the prisoner and the milk-pot; Mr. Cole gave me the milk-pot; Mrs. Cole was present.

Mr. Cole. I gave the milk-pot to the constable.

Constable. I have had it ever since.

PRISONER's DEFENCE.

In the morning I had a shilling; I got change for it, and got a roll and butter in the afternoon; the sixpence was cracked; I went to two or three or four places; nobody would take it; I went into this shop to sell it; they said they would give me a penny for it; I went out of the shop, they called after me and stopped me and brought me back; they said I had the milk-pot, and she said it was behind the counter; and she said, you little dog, you flung it behind the counter; nobody can say I took it out of my pocket.

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

Court to Mrs. Cole. Did you see him take the milk-pot at all? - No, my Lord, I did not; nobody was in the shop but myself.

GUILTY of stealing to the value of 4 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-9

669. ELIZABETH OSBORN was indicted for feloniously stealing, on the 21st day of August , a linen bag, value 2 d. and seven guineas, value 7 l. 7 s. and three half guineas, value 1 l. 11 s. 6 d. two half-crowns, and 16 s. in monies numbered, the property of Henry Hatch , privily from his person .

HENRY HATCH sworn.

Last Monday between nine and ten I

was walking along, and the prisoner asked me to give her a glass of gin; I refused it; she followed me ten or twelve yards; I told her I had no money, then she followed me a little farther, and came a broadside of me, and put her hand into my pocket, and took a purse containing ten pounds; I felt her hand in my pocket, and laid hold of her directly; and she tried to get away, and I threw her down in the street; a gentleman came and took her to the round house; I did not see her searched.

HENRY HEMMINGS sworn.

I took her into custody and searched her, I found a purse upon her afterwards; a linen purse.

Where did you find it? - In her right hand pocket.

What money was in it? - Five guineas in gold, three half guineas, two half crowns, and ten shillings; here is the purse.

Court to Prosecutor. How many guineas was in your purse? - Ten pounds and upwards.

Hemmings. There were two guineas and six shillings in her hand.

(The purse produced and deposed to.)

Prosecutor. My wife made it about two months gone by.

PRISONER's DEFENCE.

I work in the country; I was coming to town to buy me some things, and coming along Long-acre I picked up this purse, and the prosecutor said it was his; he knocked me down; I did not know what was in it, and he would not let me look at it; I had half a guinea of my own in my pocket, and five and sixpence.

Constable. There was but four and threepence in her pocket.

GUILTY of stealing, but not privately .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER

Reference Number: t17860830-10

670. WILLIAM WILKINSON was indicted for feloniously stealing, on the 17th of July last, a pocket book, bound in parchment, value 6 d. a Bank note, value 30 l. the property of Michael Memory , privily from his person, the same Bank note being then due and unsatisfied .

MICHAEL MEMORY sworn.

I lost my pocket book on the 17th of July; I went to the Bank to receive a dividend of thirty pounds; I was paid in a thirty pound Bank note, and when I received it I put it into this book, my banker's book, where I keep my running cash, and I put the book in this outside pocket, with my hand over it for fear of having my pocket picked, going from the Bank; after I got seven or eight yards from the front of the Change gate , I just drew my hand out of my pocket, and put it in again immediately; at that very instant I missed my pocket book; the prisoner was standing close to me while the book was in my pocket; I accused him with it, I said, what have you put your hand in my pocket and taken my book? no, Sir, says he, I assure you I have no book; says I, it must be you, says I, I insist upon it; says he, I have not, but I saw a person just now jostle you; and he is gone forward, perhaps you may overtake him; no, no, says I, I am sure you have it, says he, if you chuse, you may search my pocket; accordingly he was searched, coat, waistcoat, and breeches, and it could not be found, but on unbuttoning the breast of his great coat there was the book found with the Bank note in it.

Court. If you put your hand so instantly back into your pocket, I should think you must feel his hand? - No, Sir; I drew my hand out and put it back again directly, and the book was gone that instant.

Did you feel the hand at all or not? - I did not feel the hand.

You felt or saw nothing till you missed the book? - I did not; after I had got the book from him, I said, now, what have you to say for yourself? why, says he, I found it; aye, says I, so you did, in my pocket.

What did you draw your hand out of your pocket for? - It was a very warm day; I drew my hand out to cool it.

Was your handkerchief in that pocket? - No.

Are you sure you did not draw out the book with your hand? - No, I can make a safe oath of that; I am very clear in that.

But in the act you describe of just raising your hand, and putting it immediately back again, how could there be time for any person to get that book out and you not feel it? - I apprehend he knows his business very well, what I may say, a good workman; I have two witnesses who saw the transaction, and they went with me and took him before the sitting Alderman.

Mr. Sheridan, Prisoner's Counsel You walked from the Bank to the Change? - Yes.

Did you stop at all? - No.

You saw the prisoner standing by you when you missed it? - I saw him close to me; I did not stand still, nor he did not stand still; no person was near me on the side where he was.

What is the reason you apprehend he knew his business? - Because he was so sudden in his motions.

JOHN CLARKE sworn.

I only took charge of the prisoner at Guildhall.

SAMUEL DAVIS sworn.

I was going along by the Royal Exchange, about a quarter after twelve, six weeks ago last Monday, and I saw the prosecutor have hold of the prisoner by the arm, and the prosecutor said, he had had his pocket picked of a pocket book, and a thirty pound note contained therein; the prisoner said, the prosecutor might feel in that pocket; he found nothing there; he unbuttoned his great coat, and there was the pocket book, and the note contained therein.

You did not see him take it from Mr. Memory? - No.

EDWARD WROTH sworn.

I was coming with Davis from the excise-office, and under the piazza's of the Royal Exchange, I saw the prosecutor searching the prisoner, and he pulled the pocket book from his left side; I did not see the prisoner take the book at first.

Mr. Sheridan. Did not the boy say before the Justice that he found it? - He denied having it, but when it was found upon him; he said, he found it.

To Prosecutor. Did not you challenge somebody else with taking this? - No, Sir, no such thing; I had no thought of any such thing; no person was near me.

William Owen , on whose affidavit this trial was postponed last session, was called, but did not answer.

Capt. BALLIE sworn.

I know the prisoner about a year or a year and an half ago, when he was a gunner's servant on board the Leocada; I used to visit the officers of that ship, and at that time he bore an exceeding good character; the lieutenant I used to visit, if his servant was out of the way, he called this lad for water or any thing, for grog or punch, when we have been enjoying ourselves; I can only say, however this matter may be, that had I a ship tomorrow, I should not have the least objection to take him as my servant.

Jury. We wish to know if the witnesses saw the Bank note in the book? - Yes, we saw Mr. Memory take it out and shew it.

GUILTY , Death .

What age is he? - Between seventeen and eighteen.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-11

INDICTMENT.

671. JAMES GEORGE SEMPLE otherwise HARROLD otherwise KENNEDY was indicted for feloniously stealing, on the 1st day of September, 1785 , at the Parish of St. Mary Matfelon otherwise Whitechapel, one chaise called a post chaise with four wheels, value 50 l. the property of John Lycett .

JURY.

Edward Berry

John Hinchcliffe

Charles Rymer

George Smith

Edward Hales

John Bevan

William Weaver

Joseph Treble

Charles Smith

Thomas Grays

Thomas Turner

Jacob Roberts .

Counsel for the Prosecution.

Mr. Silvester.

Counsel for the Prisoner.

Mr. Garrow,

Mr. Agar.

JOHN LYCETT sworn.

I am a coachmaker ; I live in Whitechapel ; I let out carriages to hire; I know the prisoner; he hired a post-chaise of me yesterday was a twelvemonth; the 1st of September, 1785.

Relate particularly all that passed at the time it was hired? - He hired it for the term of three weeks or a month; he said, he was going round the north.

To make a tour? - I think he said so.

Relate as nearly as you can the particulars of what he said to you? - For that time he was to pay me at the rate of five shillings per day; and I have never had the pleasure of seeing the post-chaise since nor him till I was indulged by my Lord Mayor with seeing him in the Poultry compter; he had hired one on the 10th of July before that; he had brought it home and paid for it.

How had he been first recommended to you? - From the Saracen's-head, Aldgate, where he lodges; he said, now I have paid you six shillings a day; I shall want another post-chaise in the course of ten days or a fortnight, you will not charge me so much for that, as the time is longer.

(Going to look at his book.)

Were the memorandums you are going to look at made by yourself? - Yes; it was the 10th and returned the 16th, seven days, he paid six shillings a day for it.

When he came to you on the first of September, did any particular conversation pass between you? - Nothing, but he desired the chaise to be fitted up with pistol holsters and a net to the roof; I told him it was not customary to furnish them with pistol holsters, he said, he must pay for that.

You understood it was to go a tour through the north of England? - I did.

Did he say so? - I think he did; to the best of my recollection he said, round the north; but that was no part of the contract for the hiring the chaise.

When was the chaise delivered to him? - The 1st of September; that same day he sent a pair of post horses from the Saracen's-head.

From that time you never saw any thing of him or the chaise till he was taken up? - No, Sir, I never did.

Do you recollect particularly as to the time he was to have the chaise? - To the best of my recollection it was positively three weeks or one month.

Then it was to be returned in the course of that time? - Yes.

Have you never found the chaise since he was taken up? - No, Sir, I have never seen it since, nor do not of my own knowledge know what is become of it.

Have you ever heard the prisoner say any thing about it? - No, Sir, I never was in his presence; I only had just a view of him at the wicket at the compter.

Are you quite sure he is the person that hired the chaise of you? - Yes, I have no doubt of it.

You had seen him before? - Several times.

There was no agreement to sell the chaise to him or any thing of that kind? - There was no positive agreement nor any thing of that kind.

Was there any conversation of that sort? - He said, now suppose I have a mind to buy this carriage, what might be the value of it, I said, I do not know exactly, but I suppose fifty guineas; that was not the post chaise he was to have had; for unfortunately for me another gentleman had that post-chaise, and went a tour to Margate, and did not return at the time he intended.

What answer did he make to what you said? - He said, he should see when he came home; he did not make any particular answer; I do not recollect he made any answer.

Did you part with the chaise to him in any expectation of his becoming a purchaser? - No, by no means.

By what name did he come to you? - By the name of Harrold; I knew him by that name and no other.

Mr. Garrow. What book is that you have in your hand? - It is called the hire book.

Will you be so good to favour me with a sight of it? - To be sure, Sir.

Are the places turned down? - Yes.

This is your regular day book to enter things hired? - Yes.

There is one entry of a chaise called Onslow's, seven days at six shillings per day crossed out; your entries were made at the time I suppose that the things were hired? - Yes.

On the second entry, the words that follow the word day are written upon an erazure? - Yes, he was called Mr. - at the Saracen's head at first, then the second time he was called Mr. Harrold.

Then there is inserted the additional name thus, supposed to be Semple; now, upon your oath, when was this written, which is written upon an erazure, I mean these words, his name supposed to be Semple? - I think it is three quarters of a year ago.

Will you swear that? - I have done it.

Do you mean to stand by that that you have sworn? - Yes, that that was put in about three quarters of a year ago.

Do you mean now again to swear that three quarters of a year ago you wrote these words, his name supposed to be Semple? - Yes, Sir.

It has continued then in your book for three quarters of a year? - Yes.

What was originally written there? - I believe there was a name of Mac something.

What was that Mac something? - I do not know I declare to God.

First you wrote Mac something? - No, Harrold first.

That stands distinct from it? - Yes.

Then at the bottom there is this, five shillings a day - his name supposed to be Semple? - I heard it was the Marquis of Carmarthen at one time; it was one name that I put down, but what the name was I do not know; it was not the right name; I was informed his right name was Semple.

So this you wrote three quarters of a year ago; by whose advice and recommendation and information? - I was informed by a man at Knightsbridge.

Favour us with that man's name? - James Sadgrove , No. 2, Knightsbridge.

How long ago have you conversed with him about the defendant? - I believe it is about three quarters or a year ago.

Now state to my Lord and the Jury what that conversation was.

Court. You have no right to ask him that.

Mr. Garrow. I want to ask him what he said to Sadgrove about Major Semple and the post chaise, about three quarters of a year ago? - I told Sadgrove that he defrauded me out of a post chaise, or robbed me of a post chaise, or something to that effect.

Did not you tell Sadgrove that he was a d - d scoundrel, and he had got a good new post chaise of yours, and that you would arrest him for fifty pounds if you could find him? - Certainly, as a distressed tradesman I wished to recover my property.

I ask you now, Sir, upon the oath you have taken, will you venture to swear you did not tell Sadgrove that the prisoner was a d - d scoundrel, and he had got a good new post chaise of yours, and that you would arrest him for fifty pounds if you could find him? - I do not know that I ever said such a word.

You will venture to swear that you did not? - I do not recollect it.

Do you recollect asking Sadgrove where you could find him to arrest him? - I do not know that I used that word.

Would not you have arrested him then? - I do not know whether I should or not.

Had not you it in contemplation to do it? - No Sir, I do not know that I had any intention.

Court. Do not look at the effect or consequence of your answers, but give a fair and manly answer.

Mr Garrow. Did you never deliver a bill to any man? - No, Sir.

Not to the prisoner? - No, Sir.

Be careful, Mr. Lycett; do you swear that positively? - I swear that positively; I am as careful as you are.

Did you ever sue out a writ actually against him? - No, Sir, I never did.

Nor you never mentioned arresting him to Sadgrove? - I do not believe I ever mentioned such a word to Sadgrove; I am pretty sure I never did.

The first post chaise he had of you was a common hack post chaise? - It was a middling chaise.

Now this was a better one, not one that you would let in common hire? - I should not let it to every body; I should let it to a gentleman like you.

I am much obliged to you, Mr. Lycett, I am sorry I do not happen to live at your part of the town, or else I might be a customer; this second post chaise had pistol holsters? - It had; they were put in by the direction of the prisoner.

It had a net and a top? - There was a platform.

Did you put these to it after it was bespoke by the prisoner? - No, Sir, I fitted some things up to my own fancy.

You did not usually let post chaises with platforms? - Yes, Sir, frequently.

Had this chaise ever been let before? - The carriage had.

Had the carriage in the state in which it was delivered to the prisoner ever been let before? - No; I built it on purpose to let out on hire, to go on a job, or any thing of that kind; my servant delivered it, and he will prove the delivery.

Of your own knowledge you do not know to whom it was delivered? - I do not.

The value of it was about fifty guineas? - Yes.

You told me just now, before the prisoner went away, before the carriage went from your possession, he talked about buying it; he said, suppose I should have a mind to buy this carriage what may be the value of it? - He did it in a kind of air.

He did not do it so vulgarly as you and I should have done? - No, no, he was a great deal more polished than either of us; I beg your pardon though, Sir.

I am not angry with you, Mr. Lycett; his polish to-day will not hurt him, he will not be convicted to-day because he is a polished man, or a man of fashion; now Mr. Lycett, you have said that he said, suppose I have a mind to buy this carriage what may the value be? - I did; and he said he should see when he came home.

You expected him to be gone some such matter as three weeks or a month; if he had returned at the end of two months, and given you the fifty guineas, should not you have been pleased? - I should have been better pleased than I am now.

You would not have thought he had broken any contract with you; you say the first chaise was out seven days? - Yes.

How much did that hire come to? - Just six shillings a-day.

Do you remember receiving any other sums of money or bank note from the prisoner besides the payment of that chaise? - No.

Did you never receive a ten pound bank note? - No, I never saw any bank note; I have seen him pull out his purse with an air; he seemed a man of great consequence and property.

He seemed what he was then. - I never received from him the sum of ten pounds.

At the time you saw the defendant he was in custody? - Yes, he was in the Poultry compter.

Had you then seen Mr. Feltham? - Yes.

You have read a deal of stuff in the papers, charging this gentleman with a great many misdemeanors; the papers you know were full of the major, but now they have got the death of the king of Prussia, and Mrs. Nicholson to work upon, probably they will leave off the major; however Mr. Lycett, you know now that he was charged with a great many misdemeanors? - I have heard so.

Who carries on this prosecution? - I do not know; my pocket suffers for it.

I was in hopes Mr. Feltham's pocket suffered for it? - He may have a super-fluity of money; but I hope I shall always be able by my industry to punish a character of this kind; I think I am doing good to the public.

Court. Were the words at five shillings a-day written at the same time with the first part of this entry? - That was all but the name of Semple.

Mr. Garrow. Now my Lord, I say that upon that spot after the word day once stood or upon return to be paid fifty guineas; I say that no single name, Mac Carty or any thing else ever could fill up that place.

Mr. Lycett. Hand that paper up to my Lord.

Mr. Garrow. Let us have a peep at it first.

Mr. Lycett. I do not know that you have a right to peep at it before my Lord.

(Mr. Garrow looks at it and gives it him back again.) Now you may ask my Lord whether it is evidence; my Lord I submit that the words originally stood there; I could write them in that space myself.

Mr. Lycett. Can you? Why you can put it in, in a nicer manner than I can, I am but an aukward hand.

Court. There does not seem room for so many words.

Mr. Garrow. Yes, my Lord, these words, or return fifty guineas.

Court to Jury. The erazure is not the whole length of the line, the erazure

seems to me to go from the word day to the letter B.

Mr. Garrow. It seems to have been fresh done, and it is sworn to have been done three quarters of a year ago.

Court. That last is a fair observation to go to the Jury; the other is a mere suggestion of your ingenuity, you have been measuring the words to see what could have been written there; you stated it first a little too much, and now you have narrowed your supposition to fit the place.

Prosecutor. Here is a few lines he sent me.

Mr. Garrow. They are totally immaterial; and only go to confirm that he had a chaise.

Prosecutor. I have some notion his hand writing can be proved, you will observe it says a carriage, in does not say his carriage.

Mr. Garrow. No, nor there is no date to it, so it may relate to the first carriage.

Court. (Looks at it.) It is totally immaterial.

From the Prisoner, sent to Mr. Garrow. I am desired to ask you whether the platform for this carriage was not made from the measure given you by the prisoner to suit his own trunks? - No, Sir, it was not made; it was a second-hand thing, I do not think it was, it was a great deal too big.

Was it made to fit, was it reduced to the size of his trunks? - I do not recollect that it was; I rather believe it was altered to fit his trunk, not made.

Did not you tell him that the chaise was intirely new, and that the wheels had never been out? - I do not know that I did; if I did I must tell him a story.

Will you venture to swear you did not? - I cannot swear I did; I cannot charge my memory with it.

As a serious man upon your oath did not you tell him that it was intirely new, and that the wheels had never been used? - I do not think I did.

Will you swear that? - I am sworn.

Court. You should answer with a little more respect to the gentleman.

Mr. Garrow. I have not treated you rudely, and I am glad the Court take notice of you; have you never to any body declared that you would arrest him if you could find him? - As a tradesman, not knowing what to do, I should have been glad of my money.

Would not you arrest him now? - I do not think I should.

Have you never told any body that you would? - I might.

Do you believe you did? - I really believe I did.

How long ago do you believe you said that? - God knows; I do not know.

Did not you say so at Knightsbridge? - I believe I might.

Did not you say you would swear to your debt and hold him to bail? - I said nothing about swearing to my debt.

Did not you say that if you could find him, you would arrest him for the debt of fifty guineas? - I do not think I said the debt of fifty guineas.

Did not you say if you could find him you would arrest him for the debt, is that your distinction? - I am not so experienced; I told people so.

Then you did so intend? - I talked of it.

Did not you intend it? - I do not know whether I should or not.

Did you tell people you should do the thing you did not intend to do? upon your oath if you had known where to have found him three quarters of a year ago, would not you have arrested him? - I do not think I should.

What makes you think you should not? - Because I never arrested a man in my life.

Did you ever prosecute a man before? - Yes, I did a Jew some time ago in this court; I am not fond of arresting; I believe I might tell people so, I dare say I might.

I am desired to ask you this question,

whether if other persons had not applied to you, you would have brought this prosecution? - I really believe I should have done it chearfully.

Is not it by the desire of others? - I do not know that I am to be led.

Is it not by the desire of Mr. Feltham? - No, Sir, I do not know that it is; I have been exceeding happy in having Mr. Feltham's assistance.

Mr. Silvester. Did you apply to any attorney to take out a writ against this man? - No, by no means.

Court. I have one question more that I wish to ask you, and you will be so good to recollect as correctly as you can at the distance of time before you answer it? - Yes.

You say the chaise was hired at five shillings a day, you understood it was for three weeks or a month? - Yes.

After the price of the chaise was mentioned, was any thing said supposing he should keep it beyond the three weeks or a month, what was to be done then? - I am sure nothing of that kind was mentioned; I am positively sure in that respect; there was nothing passed of that sort.

Prisoner. Did you ever watch me any where? - Watch you! I have set my servants to watch you.

Did not watch me into a public house? - No, Sir.

Had not you taken instructions then? - No, Sir.

JOHN MASHANT sworn.

I am an apprentice to Mr. Lycett; I delivered a chaise to a man named John Deacon , about a twelvemonth ago.

What day did you deliver it? - I cannot directly say, it was about a twelvemonth ago.

Court. What sort of a chaise was it? - A post-chaise.

What sort of a post-chaise? - A new one.

Where did you deliver it to Deacon? - At the door.

Did he bring horses for it? - Yes.

How many? - Two.

Who is Deacon, do you know? - He is a post-chaise boy, and drove for Mr. Bolton at the Saracen's-head.

Mr. Agar. This you say was a new chaise? - Yes.

Do you know whether this chaise was bought or lent for hire? - I understood it was hired.

From whom? - From my master.

Is it usual for your master to let new chaises out to hire? - Yes.

Do you know of any alteration that had been made in the chaise? - No great deal of alterations.

What were these alterations? - They were baggage boards to put on before to put a trunk on.

Were not they on before they were let to the prisoner? - No.

That is what you call a platform then? - Yes.

Do you recollect any holsters made in this chaise? - No, I do not.

Which does your master let generally to hire, new or old chaises? - Both.

What most usually? - Old.

Do you recollect ever seeing the prisoner at your master's? - Yes.

Do you recollect ever hearing him treat respecting the purchase of a chaise? - No.

Mr. Silvester. What did he come about to your master? - About hiring a chaise.

Mr. Garrow. You know nothing of that but from your master? - No, the first time he came I heard him say he wanted to hire a chaise.

Mr. Silvester. Did you see him after that? - Yes, several times.

Did you see him this second time? - I cannot pretend to say, I do not recollect.

JOHN DEACON sworn.

What are you? - A post-lad; I drove for one Mr. Bolton, about a twelvemonth ago, at the Saracen's-head, Aldgate.

Did you go for any chaise? - Yes; the 31st of August to Mr. Lycet's, for a post-chaise; a gentleman's carriage.

Who was it delivered to you by? - By that lad.

Who sent you? - My master; I put to my horses, and I took it to Knightsbridge; there I took up a single gentleman.

Should you know that gentleman? - I cannot be any ways positive to the gentleman; that may be the gentleman; but I cannot be positive to him; I drove him to the Crown and Cushion at Uxbridge; and he ordered a pair of horses; and I went with him then to the Duke of Portland's; I do not know the name of the place; I waited for the gentleman, and brought him back to the Crown and Cushion; then the gentleman took a fresh pair of horses, and where he went I cannot say; I can no way s be sure as to the gentleman; I did not see him out of the carriage.

Mr. Garrow. That is all you know about it? - Yes, Sir.

Mr. Silvester. Have you seen that gentleman before? - I drove him once to Barnet; to the lower Red-lion; he did not get out of his carriage, but had horses put on and went off immediately; as to his person I do not know.

Court. How long before had you drove him to Barnet? - I cannot pretend to say about how long; it might be a month or three weeks, but justly to the time, I cannot be sure; it was the same gentleman.

Why do you say so? - Because my master told me it was the same gentleman I had driven to Barnet.

Who did you go to at Knightsbridge? - To a hair dresser's shop on the left hand.

Do you know the name of that hairdresser? - No.

THOMAS BOLTON sworn.

I keep the sign of the Saracen's-head.

Do you know that gentleman at the bar? - Yes.

Did you know him last August was a twelvemonth? - He was a customer of ours at the Saracen's-head.

What was his name? - Major J. G. Harrold, I think he called his name.

The other lad was a lad of yours? - Yes.

You sent him for a chaise? - Yes.

Who ordered you to send him? - This gentleman.

When the chaise came who went into it? - It did not take up at our house.

Court. But are you sure he ordered you to send a pair of horses for the chaise? - Yes.

To whom? - To Mr. Lycet, a coach-maker.

Where did he tell you he was to be taken up? - I do not know.

Where did the horses drive him to? - To Uxbridge, I think it is so entered in my book; I have the book here; it is my entry; here is the whole account while he was at our house; and here is the bill.

(Mr. Silvester reads.) A chaise to Barnet? - Yes, he had that before; he had a chaise to Barnet before from the same coachmaker.

Who drove him to Barnet? - I cannot recollect; I believe it was the same boy.

Mr. Garrow. Do you keep carriages yourself at the Saracen's head? - Yes.

Do you let them occasionally for a fortnight, three weeks, or a month to job? - Yes.

Had you any to let at that time? - Yes.

So that if a customer of yours had wanted a job carriage of yours, you could have supplied him? - Yes, I shewed mine to the gentleman, but it was not good enough; I went with him to Mr. Lycet's because ours was not good enough.

Did you go with him when he hired the second chaise? - No.

Did you go with him to look at any chaise? - I went with him two or three times at the first.

Do you remember going with the prisoner to look at a chaise to see what it was worth? - No, I do not recollect his asking me to go at all.

You did go there? - Yes.

Do you remember telling the prisoner afterwards that you thought fifty pounds was not a great deal too much for it, and

that he might venture to give it for a carriage that was pointed out? - I do not recollect it, he might ask me some questions upon that head; I cannot say.

Do you recollect such questions or not? - I do not.

Are you confident he did not? - No, I am not confident he did not; I have no knowledge of any such thing happening.

Did not you go to the prisoner that night you looked at the carriage, and did not you tell him it would not be dear at fifty pounds? - That was the former carriage, I went with him.

Did not you tell him after having looked at a carriage? - I never, Sir, passed my sentiments on the value of it; no such thing.

Did not you go with him to Mr. Lycet's to look at a carriage, a post-chaise, and did not you tell him it would not be dear at fifty pounds? - I cannot charge my memory that I said so; I do not recollect that I gave him any answer; I certainly never put any charge or value upon it; I never heard any talk of buying a carriage.

You did not offer Lycett fifty pounds? - No.

Court. There is a direction pinned into this book on a slip of paper, who gave you that direction? - In that first account when he had a chaise to go to Barnet he borrowed two guineas of me in addition to his bill, and I begged he would write his name in the book, as I did not know him but by his discourse; and he wrote his name in that place where it is scratched out.

Who wrote this direction? - I wrote it; he paid me six guineas.

Who told you this direction you have written here? - He wrote only J. G. Harrold.

Who told you to add the other? - I believe by the communication and talk with this gentleman that he was an esquire, and came from the Hague in Holland; I unstood him many times that that was his title and that he came from there.

Prisoner. How often did you go to the coachmaker's? - I might go two or three times.

Did not the first chaise come to your house to take me up? - I do not recollect that.

Do not you recollect my taking you to look at a chaise which I told you I had some idea of buying, and shewed you a chaise before Mr. Lycett? - Yes.

You went with me for that purpose, did not you? - Yes.

Did not I ask you if you thought the chaise dear? - I cannot say.

Did I ask you that question? - Perhaps you might ask me.

Did not you go for the purpose of giving your opinion upon that chaise? - No, Sir, I do not recollect.

Mr. Silvester. My Lord, this is our case.

Court. Mr. Semple, now is the time for you to make your defence.

Mr. Garrow. My Lord, before he is called upon for his defence to the facts, I think it my duty to state to your Lordships, some observations upon the law of this case; upon which I shall take the liberty to submit to the Court, that he ought not to be called upon for his defence; because, in point of law the facts supposed to be proved against him, taking them all to be true, do not come within the cases that have been decided to be felony: the leading case on this subject is the case of Aickles; that is the last decision on the subject, and if I can distinguish this from that case, and antecedently from all those that case has noticed; then I trust you will be of my opinion. The old question was, whether, where a party who gave his property out of his possession, parted with it voluntarily out of his possession, into the possession of another, and that property was converted to the use of the person to whom it was so given, whether that could be a felony; and cases arose, that induced the Court and Jury to believe, that the possession was obtained merely colourably, that it was obtained with a felonious intent; therefore these cases were referred to the Jury; I resort to Aickles's case, because it seems the strongest;

your Lordship knows the old case of a man that hired a horse to go to Surry, he did not go there, he instantly sold the horse, that was left to the Jury, it was a felony; for they were of opinion, that he got the possession of it with that intent; Aickles's case, you know, goes one step further; the note in that case, charged to be stolen by the defendant, had been put into his hands for the purpose of discounting it, it was to be paid over to the prosecutor, and out of which the defendant was to have his share, he carried it away with the leave of the proprietor, he never discounted it, but carried it to his own house. In all these cases the party never had the legal possession of the thing that was delivered to him, but upon an express contract which he broke; I take the liberty of saying, that this case is by no means like it; in this case he does it upon a contract that is by no means proved to be broken, it was in his option to compleat it or not, taking it in the strongest case; he hired the chaise for three weeks or a month, not to go to any definite place, not to perform any definite journey; the witness has loosely said, he understood he was going round the north, but that was no part of the contract; he was to pay a stipulated sum, then there was a time during which he had an entire possession of this, and during which he was to have the entire dominion of it, and he must have been answerable for damages, if any had arisen during that period. I am now puting out of the case, that which I dare say your Lordship expects me to say a word or two about; that is the idea of buying it at fifty-two guineas.

Court. That contract is not proved, the witness has denied that.

Mr. Garrow. I say that having the possion of this for three weeks or a month, he has not broke his contract, taking that contract to be so; if this party originally when he had taken possession of the property, had an honest intention to restore it, and afterwards had adopted a felonious intention, however his necessities afterwards, or his dishonesty might stimulate him to adopt a felonious intention, and he converts it to his own use, it will not be a felony; because, he must at the time he got possession of it from the proprietor have the felonious intent; he was for three weeks as much the owner of it as your Lordship is of your coach that you came here in to day; then I admit that one day before the end of the month, his necessities, or his bad mind, drove him to commit a felony; I say, he got this first honestly, and afterwards adapted it to this dishonest idea, and converted it to his own use; I do not desire in this case to go beyond bounds, what the witness took to be the contract, was the hiring for three weeks or a month, but he has admitted that there was a conversation about the price.

Court. I think I should stop you in this part of the case, for this clear reason, you are now stating it to be a question, whether the witness has or has not proved a different contract, that is a question which the Jury, and not I, must decide; I give you my opinion that supposing they are of opinion that the witness has proved a sale of the chaise, I shall certainly direct them that in point of law it is no felony.

Mr. Garrow. One little step further, if you state to the Jury that if the witness has proved that it was a contract with an alternative, either to pay fifty-two guineas or return it.

Court. I shall leave it to the Jury what the contract was.

Mr. Garrow. And that if they are satisfied that there is an alternative, there is no felony; but you see in this stage not having the honour of knowing your Lordship's opinion, if you agree with me; that if the contract was in the alternative; I hire this chaise, I pay you five shillings a day for three weeks or a month; I feel some difficulty in arguing it beyond the stating it; your Lordship sees, supposing a case to stand this way, for I really find it difficult to amplify at all on that position; A. B. goes to a coachmaker's and hires a chaise for three weeks or a month, and suppose

he says, it is a pretty good chaise, if I should like to buy it whereabouts will be the price? and the owner says, the price will be fifty-two guineas; suppose A shall say, I will see about it when I return; the party who gets it has an opinion to do one of the two things; in that case I do not know how to argue about it, than merely to state the position; the man has the thing; if he pays the money it is his own; if he keeps it and does not return it, then it is the subject of a civil action.

Court. You are asking the Court to give an opinion on a case that is not before them.

Mr. Garrow. I put it thus, that there was conversation on the subject; but I shall take the liberty in two or three words to bring back my first position to your Lordship's recollection; I say, that in all cases that have been recited, there has been no intermediate time; here there is manifestly three weeks or a month, during which time no felonious intent is proved to operate; therefore as I am sure your Lordships will not make a new case, I doubt not but you will save the defendant the trouble of stating his defence.

Mr. Agar. I am of counsel also for the defendant, and I shall take the case in the strongest point of light in which it can be viewed, and I think this to be one of the most extraordinary efforts to convert the subject of an action at Westminster-hall into an indictment at the Old Bailey that ever was attempted; my Lords, the doctrine contended for, goes to the most dangerous extent, for it lays down this position, that if a man hires or agrees for a commodity, and keeps it one moment beyond the time stipulated, he may be indicted for a felony; it lays down this monstrous position, beyond the time stipulated; the same doctrine will hold as if a year! the law can make no discrimination with respect to the time; my Lords, I submit that the utmost that can be proved against my client is, that he has kept the subject he has contracted for beyond the time understood by the parties for which the contract was made; that is the strongest case, and I contend that no case goes yet to prove that position; that where any person has been guilty or has been supposed to be guilty of that fact, that it is felony; my Lords, I would ask the learned counsel for the prosecution, whether Mr. Lycett could not now commence an action in Westminster-hall, against the gentleman at the bar, and recover the price of the chaise from the time of the hiring to this time? I would ask whether he has not that adequate remedy in a civil action which is the properest for him to have recourse to? with respect to these cases that have been cited of constructive felonies, (but which I should be far from subscribing,) the evidence in those cases have uniformly proved it out of the power of the party hiring, to restore the property in the same situation; in the case of the horse, which is the most analagous, it is materially different, for having once sold it, it was impossible to restore it; now with respect to the present case, it has not been proved that my client has not now the chaise in his possession, and before he was taken up had not used it according to the terms of contract; and therefore without taking up any more of your Lordship's time, I should humbly presume, that such an indictment as the present cannot be maintained.

Court. You need not trouble yourself, Mr. Silvester, I believe the Court has no doubt, I am clearly of opinion that the Court is bound by the determinations in former cases, and supposing the Jury to be of opinion that the hiring was, as stated by Mr. Lycett, in his first account of the transaction, and that that hiring was originally made with the felonious intention of getting this property into his possession; I say, supposing the Jury should be of that opinion; I can see no difference between this case and that case of the King and Pares; it has been argued, that it would be extremely dangerous to hire any thing if this doctrine was to prevail; but if the party antecedent to any prosecution returned the property, that would be decisive evidence, that there was no felonious intention; and even if he did not

return it; still the question is open to the Jury, under all the circumstances, whether the hiring was merely colourable, or whether the possession was originally acquired with a felonious intention: if there was a bona fide hiring, the keeping it beyond that time, will not constitute a felony; on the other hand, if the Jury should in the result be of opinion, that there never was a bona fide hiring, but that the prisoner made use of the pretext of hiring fraudulently to obtain the property of another man to his own use, there it is a felony: and I think by the cases that have been lately decided, both of the King and Pares, and the others that have been decided on the authority of that case, the law is now settled; and I have not subtlety enough to distinguish this case from those.

Mr. Justice Gould. I am entirely of the same opinion, and that it must depend on the decision of the Jury, whether there ever was a bona fide hiring or not: that case has been alluded to of Pares; I happened to be one of the Judges that heard that case a good deal debated, in the time of my Lord Chief Justice De Grey, (at his house I think it was) and the unanimous opinion of the Judges was, at last, that the direction that was given to the Jury by the learned Judge who tried the prisoner, was perfectly right, and that if the Jury were satisfied and convinced, from the circumstances in evidence, that he went with a guilty mind to obtain the horse, for there was the great argument, why the horse was delivered to him, he did not in truth and in reality, strictly speaking, divest the owner either of his property, or his possession; but that does not take the decision from the Jury, for it is for them to consider, whether they are satisfied that the contract was meant fairly, or whether it was a colourable thing for the obtaining the horse: the last gentleman, Mr. Agar, observes a difference between this and Pares's case; the supposed colourable hiring was to be determined in a day; he was to ride this horse on an expedition into Surrey, and to return the same day, the distance not being such as to prevent it; where is the distinction, if the fraudulent intention is the same, as to the time, if he had hired it for two days, or a week; obtaining the possession with the same fraudulent view and design, the law must be the same: the guilty mind is the same, that which is the foundation and constitution of all felonies is the same in the one case or the other; Mr. Agar distinguishes this from the case of Pares, for he was proved to have sold it, to have disposed of the horse; whereas in this case the prisoner is not proved to have sold this chaise; there is no proof of that kind; Mr. Recorder has said very truly, that if at a distance of time he had kept it, and supposing he had staid out six weeks or two months, and when he came back, he had offered to have returned the chaise again, certainly that would have been an evidence of an honest intention at the first, that would immediately turn the intention of a fraudulent design; but in this case a man hires a chaise for a month, take it at the utmost, and a year passes, very near a year, eleven months, and the man is not heard of, nor is the chaise heard of, when he is at last taken, and is under the charge of stealing this chaise, is the chaise forth-coming? does any one know where it is now? therefore that in my apprehension will be for the contemplation of the Jury, whether this man has not disposed of the chaise, and converted it to his own use; and therefore that will lead you back to the time of obtaining it, whether he did not obtain it with intention to steal it; therefore it is for the consideration of the Jury, whether this is not equivalent to that, that the prisoner at the bar has disposed of and converted it to his own use; then you are carried back to the instant of time that he obtained possession of it, whether it was not done with that intention; if that is the opinion of the Jury, this is a case that falls directly within the case of Pares: there is a case in Keeling, where a person took a lodging in the house, and afterwards, while the people

were at prayers, robbed them; the charge was for a burglary, the Court held this, that obtaining possession by fraud was a burglary; another case, a man ordered a pair of silver candlesticks, when they were brought he sent the man back for something else; the Court held it was a felony, though in that case the delivery was in expectation of being paid money for it, and there was a colourable sale, and a bill of parcels left.

Mr. Recorder. They were taken from the bar of a coffee-house, I remember it.

Court to Prisoner. Now, Mr. Semple, if you have any matter to state to the Jury you may state it.

Prisoner. I went to Mr. Lycett's and hired a chaise, and paid him; I mentioned, that I wanted to purchase one before I returned to the continent; he shewed me one at fifty guineas or thereabouts; it was not finished; I told him, I would shew it to somebody; I got Mr. Bolton to give his opinion of it, which he did, and said, it would not be dear; I told Bolton afterwards I had fixed for the chaise, and desired him to send horses; the chaise was sent for and brought; at that time Lycett asked me about how soon I thought I could pay him, I told him in a year, and not sooner; he then asked me for some few guineas to pay the expences of fitting up; I asked him how much would do, and he said, five or six guineas; I gave him a ten pounds note in his own shop; I was at his house after the chaise was away; here are witnesses that will prove some facts.

JAMES SADGROVE sworn.

Mr. Agar. Do you recollect seeing the prosecutor at any time? - Yes.

Do you recollect a conversation he had with you? - Yes.

What was the subject of that conversation? - He came to my house to enquire after the Major; the Major lodged at my house; it was the latter end of September, or some time in September; he asked me for the Major.

Court. What Major? - Major Harrold; I told him, I did not know where he was, for the Major left my lodgings which he has not paid me for, nor I do not know when he will; we went into the parlour, he told me the Major had a carriage of him; that he had not paid him for it; he said, the carriage was fifty-two guineas; he said, as I understood it, that the Major was to have it upon trial for some time; and if he approved of it, the price was fifty-two guineas; if not he was to pay him so much per day or week.

Court. Is Mr. Lycett in Court? - Yes, my Lord.

Stand by, and attend to what this man says.

Did he mention his intention of suing out a writ against him, what more did he say? - I could not give him any information where he was, and therefore nothing more could be done in the business; I told him, if I found out where he was, I certainly would let him know; I saw the Major in town; I waited upon him for my money; I called on Mr. Lycett, and told him the Major was in town, but when I came to look for him he was gone from that lodging.

What did Mr. Lycett say? - He said, he would be much obliged to me for the information if I could give him any.

Did Mr. Lycett say any thing respecting what he meant to do? - If he could have found him he would have a writ for him.

Did he say so? - Yes, Sir, that it was his intention to arrest him.

When was this? - I cannot justly say to the time; I did not take any particular notice of the time; Mr. Lycett may have the letter which has the day of the month and year.

Are you positive that Lycett said he had a carriage of him? - He told me he had had a carriage of him, for which he was to pay him fifty-two guineas, if he approved of it; if he did not approve of it I imagine he was to pay him so much per day or week.

Did he say any thing respecting wronging him? - I sent him word he was in town; he said, he would be glad to find

him; I told him where the lodging was; he went I believe to the publick house and waited for him; he told me he did; but whether he did or no I cannot say; he went to find out where the Major was, that he might have a writ for him to arrest him.

He said so? - Yes.

Mr. Silvester. Where do you live, Mr. Sadgrove? - At Knightsbridge; the gentleman lodged with me; I never received a halfpenny from him or any other person; there was a lawyer came with his father.

Mr. Garrow. Ask him if that was me? - No, Sir.

Was it Mr. Agar? - No; somebody came with the Major's father, I do not know who it was.

You was not anxious to imprison the defendant? - My sum would not do it.

Then Lycett told you this man had a carriage of his which he valued at fifty-two guineas, how long was he to hire it? - I cannot say.

Did you understand him that he had purchased it or hired it? - I understood he was to have it upon liking, and if he liked it, he was to keep it, and if not, he was to pay him so much per day or week; I have not received a halfpenny from any body upon my oath.

As to your part, yours was so much of a debt that you did not attempt to indict him? - I did, I went to Hick's-hall.

Prisoner. Was you advised by anybody to indict me? - Mr. Feltham's brother, I think he told me he was his brother or his brother-in-law; he came and fetched me to go to Hick's-hall; when I came they told me mine was a debt, which I knew before.

Court to Lycett. This man says, that you told him that the prisoner had had a carriage of you, and had not paid him for it, that the price was fifty-two guineas, if he approved of it, if not, he was to pay you so much per day or week; is that true, did you say so to Sadgrove? - No, my Lord, I told him that he had hired a carriage of me; I believe I might mention that he had intimated as much, and asked the price of it.

Did you ever tell him it was agreed that he should have it for fifty-two guineas? - No, my Lord.

You are sure you never told him so? - Yes.

You swear that? - I do.

Was the truth so, was that the agreement between you and the prisoner? - He never had it for a bargained price, nor he never had it at his option, nor I never told Sadgrove so.

JOHN BOWLES sworn.

I am a hackney coachman; I know the defendant.

Did you upon any occasion go with him or for him to Mr. Lycett's? - Yes Sir, I have drove him there frequently, at separate times, may be two or three times in the course of a week; he told me he had a carriage; I do not know Lycett, I never heard him say any thing there; he always got out of my coach, and left me, and went to the coach-maker's shop; I never went to Lycett's without I went with him.

Prisoner to Lycett. Have you made any account for these extra works in any day-book? - No, I never did.

Mr. Garrow. What was the value of the holsters? - I declare I do not know; they were old ones I had by me; I suppose about eight or nine shillings.

Whatever was done you made no charge against him for that? - No.

You would have sold it for fifty guineas including all that? - Yes, I believe I should.

Mr. Agar to Deacon. Did you ever go to Lycett's to enquire for Mr. Semple's carriage? - I went the day before and asked for the carriage of the gentleman at the Saracen's head.

Court. Gentlemen of the Jury, the prisoner James Semple , otherwise Harrold, otherwise Kennedy, is indicted for stealing a post chaise, of the value of fifty pounds, the property of John Lycett . I will state to you the evidence before I state to you the particular question you are to

decide, and my opinion in point of law: John Lycett states to you that he is a coach-maker in White-chapel, and also lets out carriages for hire, &c. (Here the learned Judge summed up the evidence, and then added) Gentlemen, the prisoner is indicted for feloniously stealing and carrying away this chaise; that he took the chaise, that he had the chaise delivered to him by Lycett, and that it has not been returned to Lycett, is clear beyond a doubt; so far the facts are not disputed: the defence of the prisoner is, that though he had the chaise delivered to him, yet it being delivered to him by the owner of that chaise, and the property being transferred to him by the owner by sale; it was entrusted to him, and can only be converted into a debt for the chaise: if the fact was so, it would be a good defence in point of law; it may be dishonest from the probability of never being able to pay, if they had obtained a bona fide sale from the party to whom the property belongs; but it certainly is not a felony; for it would be of dangerous consequence if there could be any doubt about that law; but it is very clear in many cases, that though the actual manual property may be in the owner, yet in several cases it may be construed to a felonious taking in the party. The question for your decision upon this will be the intention of the parties, the prosecutor and the prisoner, at the time that the actual corporal possession of the chaise in question passed from one to the other; for it seems to me it is upon that, that the law of this case must depend; if it was understood between the parties, that the one was to become the purchaser, and the other the seller, though the chaise was carried off and never paid for, though the consideration was never paid, there is no pretence to call it a felony; and if you can be of opinion, from the circumstances proved today, that that was really the case, you will have no difficulty in acquitting the prisoner: on the other hand, if you believe what is said by the prosecutor, that the prisoner hired the chaise for a limited time, and carried it off altogether, and that although the prisoner has heard in the course of this trial, and though his counsel knew before-hand, that it would be very material to account for this chaise, yet it is not accounted for at the distance of a twelvemonth! that is strong evidence for you to presume that the prisoner converted and disposed of this chaise in some way or other to his own use. The charge then of the prosecutor is, that hiring this chaise for a limited time by the prisoner, and his converting it to his own use instead of returning it. Now if there was a bona fide hiring on the part of the prisoner at the time, if he really took the chaise with intention of returning it, and of paying for it at so much a week, or for the purpose of paying for it in a limited time; though afterwards he by necessity, or from a wicked disposition, had converted it to his own use, yet still that conversion would not be a felony; because by the bona fide contract at the time of delivery, and by the delivery by the rightful owner, he would have acquired lawful possession of the thing; and therefore though afterwards he abused that trust and that possession, it would not be a felonious taking in the first instance: but if you are of opinion that the hiring was only a pretence made use of to induce the owner of the chaise to part with the possession, and without any intention ever to restore it, or pay for it; in that case the owner never does part with the possession; for he has agreed to let the prisoner a qualified use in the thing, under a certain sum to be paid for it, and the prisoner having no intention to make use of that qualified possession, cannot by that means obtain it. If therefore you are of opinion that the prisoner bought the chaise from Mr. Lycett, though he has never paid for it, and has acted fraudulently and improperly, if you think that he actually bought it, and there is an actual sale, and an actual agreement, and that Mr. Lycett trusted him with the chaise, and so parted with the possession of it, you will acquit the prisoner; if you are of opinion that such was the intention of both parties at the time, though he might afterwards make a fraudulent use of it, it is not a felony: but if you believe Mr. Lycett's evidence, and think the hiring was only a colour to obtain possession of the chaise with a fraudulent intention to convert it to his own use, and not to return it to the owner, in that case I do not hesitate to tell you to find the prisoner guilty; because I do it in the presence of one of the most respectable authorities in the law, who will correct my opinion if it happens to be erroneous: if you are of opinion that the hiring was never intended as a bona fide hiring, in that case the prisoner is guilty in point of law: You will ultimately decide the question upon the evidence that has been laid before you, which it is your particular province to judge of, and upon which I shall not give you any direction, you are the proper judges of the evidence, and according to the opinion you shall form upon the facts as I have stated them to you, you will find a verdict of guilty or not guilty, according to the circumstances of the case.

GUILTY .

Court to Jury. There is one point I wish to ask you, Have you given credit in your verdict to the account of the transaction as stated by Mr. Lycett the prosecutor? - We give credit to Mr. Lycett's evidence.

Court. I perfectly agree with you in opinion.

Tried by the second Middlesex Jury before Mr. RECORDER.

When sentence was passed Major Semple was put to the bar.

Mr. Shelton clerk of the arraigns. James George Semple , otherwise Harrold, otherwise Kennedy, you stand convicted of felony, what have you to say why this Court should not give you judgement to die according to law?

Mr. Garrow. My Lord, before the prisoner is called upon to answer that question, your Lordship knows that the scope of my duty can be very small indeed, and I dare say that you expect I can be addressing the Court for no other purpose than that of arresting the judgment: I think it my duty to inform your Lordship that I am not going to make any such motion: I am only going to ask a favour of the Court: and my humble application is only this, that the judgement against the prisoner may be respited till the next session. My Lord, with all humility to, and with all satisfaction at the very solemn deliberate judgment which was delivered on this cause, I beg leave to point out some small circumstances, which, though possibly in my own judgment they could not vary at all this from the other cases, still as this case has struck some persons, and as the prisoner is extremely anxious, as no failure of justice can happen, I am sure the Court will forgive me for saying a word: The case against the prisoner is, that the Jury have found that he possessed himself of the chattel mentioned in the indictment with a felonious intent: I am at a loss after that finding to state any thing on the subject, but this observation has occurred, that in every other case of this kind there has been a palpable, clear and explicit evidence before the Jury, of which no man could doubt, that the felonious intention had possession of the man's mind at the moment he obtained the property of the prosecutor; for unless they found that at no one period from the moment of his obtaining the possession he had his mind free from the felonious impulse, they certainly could not find him guilty; for if this man got the possession honestly, and with a fair intent, and if he afterwards adopted a felonious one, then it would not be a felony: In all the other cases, as in the case of the horse, there was a palpable piece of evidence to go to the Jury, that he must in the nature of the transaction have got it for the purpose of stealing it, and therefore there could be no doubt on

the subject. In the case of Aickles, (which I never like to travel beyond) the instant he got possession of the note, he did not do one act towards discounting it for the proprietor, but he instantly converted it to his own use; but here unquestionably there is a certain period in which the defendant might have had an honest intention: My Lord, I sit down after assuring your Lordship that I just mention this at the earnest entreaty of others, not from my own judgement, and I take the liberty to intreat that sentence may be respited until the next session, not to take the opinion of all the Judges, but at the earnest request of the prisoner.

Mr. Agar. My Lord, I beg pardon for troubling the Court with a very few words in addition to Mr. Garrow: In all those cases that have been cited there has been some direct, positive, absolute conversion of the property to the use of the person: now the direct and positive evidence of conversion in the present case as far as any positive evidence goes, only proves a fact which, prima facie, is strictly legal and just, namely the hiring and taking a post chaise, therefore the only ground on which a criminal intention may be presumed is the not returning the chaise; now I apprehend the Jury cannot infer a felony from such a circumstance, and no felonies have yet been so inferred, for that would be to make the Jury arbitrary in every respect, and they might by extending that power infer a different crime, the crime of murder or any other: My Lord, the next ground of observation that strikes me is this; this is a crime which is specifically ascertained by the legislature, and in the statute of the 30th of Geo. the 2d, against the fraudulent obtaining possession of goods, the legislature certainly had this particular specific crime in view; the crime which has been proved against the prisoner at the bar is precisely and specifically the crime provided for by the statute of the 30th of Geo. the 2d; being so provided for, I apprehend it cannot now be construed to be a felony: There will in future exist no such crime as that of fraud; for this doctrine, the doctrine contained in this case, I will assert goes the full length of this position, the abolishing of all frauds and converting them into felonies. I therefore humbly hope that sentence shall be respited by this honourable Court till the next session.

Court. This wears a shape, if one can put it into any regular shape at all, it seems to wear the shape of an application to the discretion of the Court, for it neither wears the shape of a motion for an arrest of judgment, nor can it wear the shape of a motion for revision of the verdict of the Jury. Every judicial decision must be governed by fixed rules, and some reason must be found to induce the Court to comply with the motion, and to prove that some end may be answered, which may account for that compliance: Now by the mere abstaining to pronounce sentence, no end could be answered at all, because between this session and the next, there is no mode in which the case of the prisoner could undergo any revision, or reconsideration; if the motion therefore means any thing, it means in indirect terms to call on the Court to reconsider the opinion they have pronounced in point of law, and to call in further advice, to which in cases of doubt we have the opportunity of resorting, which is the opinion of the twelve Judges. With respect to the case of the prisoner now at the bar, although no case has come within my knowledge which has appeared to me more free from legal difficulties, taking in all former cases; yet I feel peculiar satisfaction in recollecting that I tried the prisoner in the presence of one of the most learned and experienced judges, and best lawyers in this kingdom, a man deeply read in the law himself, and most intimately acquainted with all the decisions of the Judges; I say, it gives me much satisfaction to my mind that he was present; though if I had been unfortunately deprived of that assistance, and that sanction, I should have felt no hesitation in my own mind; but I had his private assurance before we closed that case

that he had no doubts on the subject. The objections that have now been taken, seem rather to arraign the judgment of the Jury, for it is perfectly in the recollection of the Court, and of every person that attended to the trial, that the question, whether there was originally a bona fide hiring, or whether there was a felonious intent at the first in the prisoner, was wholly left to the Jury; then it may be doubted whether the Jury have formed a right judgment. In this, or in any other case, if there is reason to believe that the Jury have formed an improper judgment, on a question which they were competent to decide, the only redress is by application to the sovereign, to do away the effect of such a verdict; for the circumstance of a motion for a new trial is I believe without a precedent; however I think it justice to the Jury to declare, that I was most perfectly satisfied with their decision on the question, for the weight of evidence was powerful indeed, from all the circumstances of the case, that there never was at any moment an intention in the prisoner to restore that chaise to the owner; for it rested with the prisoner who has been in custody a considerable time, to have shewn any one period in which he had made a lawful use of that chaise; and at the distance of a twelvemonth he did not offer any particle of evidence, to shew that there ever was a moment in which he made use of that hired chaise, and in which it might be presumed he had an intention to return it; or to draw the least line in order to enable the Jury to judge whether he ever had any intention but a felonious one. The ingenuity of man is not sufficient to distinguish this case from those that have been repeatedly decided: it is sufficient to say, that all the objections that have now been mentioned, arising from the act of parliament for obtaining goods or money under false pretences, and the difficulty of drawing the distinction between frauds and felonies; all those general arguments have been fully considered by the Judges, in the decisions that they have lately made, and in justice to those decisions it is but right to add, that there are former decisions which go nearly as far: what my opinion would be if the law was not completely settled, it is not necessary to say: I can see no distinction, and that learned Judge whom I have mentioned could see no difference; therefore we considered ourselves bound by those decisions; and it would not be treating the Judges with respect, unless we could state some ground for a possible distinction. I am therefore satisfied, that no good judicial purpose could follow, by postponing the sentence. There has been one ground that has been stated, which I reserve for the last, and I mention it least it should at all mislead bystanders; for I think one of the positions laid down by the Counsel dangerous to men of the prisoner's description; because, when they adopt dishonest intentions they may be too apt to weigh, how far they may go consistent with the law, in what they may be secure, and what evidence will be necessary to convict them. The position I mean is this, that the Jury cannot presume a felony from such a circumstance as that of not returning the chaise, and that no felonies have yet been so inferred: I take the law to be directly and flatly the contrary, and in nineteen cases out of twenty the verdict is found upon presumptive and not upon positive evidence; and the highest crimes, not excepting murder itself, are perhaps of all others the most frequently convicted upon circumstantial and presumptive evidence only; for a chain of evidence that hangs well together, carries a much stronger conviction to the mind, than the positive testimony of a witness, of perhaps doubtful character; therefore felonies, even of the highest nature, are every day inferred from circumstances that go to the fact of the case I think it my indispensable duty to pronounce upon the prisoner, that sentence which the Court is of opinion his case justly merits; and if he has any hopes to mitigate that sentence, that application must be elsewhere: I am far from wishing to be understood as recommending that application, or as entertaining the least idea of its success. It now becomes my duty to pronounce on you the sentence that ought to follow on the verdict of the Jury: you have been convicted upon evidence -

Prisoner. My Lord, I only beg to observe, I believe it will be in my power to prove the prosecutor perjured; I have already one affidavit to that purpose; I have an affidavit of one witness, with whom Mr. Lycett has had a conversation concerning the sale of the carriage.

Court. The Court have no power to revise the verdict of the Jury; we are not competent or impowered by the constitution, to enquire into any fact subsequent to that verdict: Your proofs must be laid before your sovereign, for his mercy. Your peculiar situation is very different from that of those unfortunate wretches who generally appear at that bar: A man in superior rank of life, who has had the education which you appear, both from your demeanor and the circumstances of your case to have received; and a man who enjoyed the advantages of associating with persons of rank and character through many years of your life; these, far from being circumstances of mitigation, I consider as great aggravations! When men, in the rank of gentlemen, possessing the means of education, and the benefits of society, which you have possessed, are led either by profligacy of manners, or a depraved mind, to throw away all those advantages, and to put themselves on the level of common offenders; it is fit that they should receive as exemplary a punishment as the law can in such cases inflict. The sentence of the Court upon you is, that you James George Semple otherwise Harrold otherwise Kennedy, be transported for the term of seven years , beyond the seas, to such place as his Majesty, with the advice of his Privy Counsel shall think proper to direct and appoint.

Reference Number: t17860830-12

672. HENRY BROWN was indicted for feloniously breaking and entering the dwelling house of Benjamin Bransgrove , between the hours of ten and twelve in the forenoon, on the 18th of August , in the parish of Hanwell, no person being therein, and feloniously stealing therein a cloth coat, value 8 s. a thickset waistcoat, value 2 s. a jean ditto, value 2 s. a linen ditto, value 2 s. a velveret ditto, value 12 d. a linen shirt, value 5 s. two handkerchiefs, value 12 d. a clasp knife with two blades, value 6 d. a red moroco pocket-book, value 6 d. the property of Thomas Bransgrove ; two aprons, value 12 d. a pair of shoes, value 6 d. a pair of cotton stockings, value 6 d. the property of Benjamin Bransgrove ; three waistcoats, value 5 s. two pair of velveret breeches, value 6 s. a cloth coat, value 5 s. the property of John Diamond , in the said dwelling house .

THOMAS BRANSGROVE sworn.

My father's name is Benjamin Bransgrove ; he lives at Hanwell ; he is a labouring man ; my father lost his linen, and my mother lost a pair of stuff shoes, and a pair of cotton stockings; they were taken out of the window on Friday the 18th of August; I was at home at breakfast a little before ten; the rest of the family were all out at work, at harvest work; I left nobody at home; I locked the door; I am sure of that; there is only one door to the house; the windows of the house were all shut; I am sure they were all fast.

Quite sure of that? - Quite sure.

How soon did you come home? - I was not at home till the house was broke open.

Who was the first that went out? - My mother; she is here; I know nothing of the fact.

MARY BRANSGROVE sworn.

I went out; and this young man was at home; the door was locked when I went home; it was between two and three.

Did you open it and go in? - Yes, and the first thing I saw, was the stair foot door wide open; from that I saw a flitch of bacon fetched down stairs, and cut in two, and a piece cut off; there was no casement window; there was no opening at all; it was an old window with glass and lead; and a part of the wood work was taken

down with that window; the things were lost, that were mentioned in the indictment; I lost two aprons.

Benjamin. I lost a cloth coat, and a striped waistcoat.

WILLIAM MORRIS sworn.

I took this knife and pocket book and a pair of black gloves upon the prisoner; I took him on the 25th of August; that was a week after; near Cranford-bridge, in a field; he jumped into a hedge among the bushes.

What did he say for himself? - He said, he lived in London, and came from Bath; there was an examination taken in writing before the Justice.

(The things deposed to.)

Was this pencil in it when you lost it? - Yes, and the lace that binds the leaves; I got my mother to sew it through and through; I am sure it is mine; and the knife is mine.

Where were these things in the morning when you went down? - In the coat pocket that was lost; I am sure of that; here is a waistcoat belonging to me that was found on the prisoner when he was taken; this waistcoat was too big round the collar, and I took a needle and thread one Sunday morning and took it in; it is here now.

Townshend. I took this waistcoat from the prisoner's back in the bail dock here.

PRISONER's DEFENCE.

This waistcoat I bought on the 23d I think it was; of a man that was in distress; I was at a public house in Evans's-court, Princes-street, Soho, at the sign of the Swan; I gave ninepence for it, and part of a pint of beer; the knife and the pocket book were both in the waistcoat; I knew nothing of that till the man and me were parted; I am a stranger here in town; I have not been in town long; I knew not the landlady.

Benjamin. He said, he gave eighteen pence for the knife, and offered to fell it for a shilling.

GUILTY Of stealing to the value of 4 s. 10 d. not of breaking .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-13

673. The said HENRY BROWN was again indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Owen , on the 25th of August , between one and two in the afternoon, no person being therein, and feloniously stealing, one cloth surtout coat, value 5 s. one pair of corderoy breeches, value 10 s. three cotton gowns, value 30 s. a pair of stays, value 12 s. a child's dimity cloak, value 2 s. a child's nankeen jacket, value 12 d. three linen shirts, value 4 s. a pair of pillow cases, value 6 d. a linen apron, value 2 s. a muslin ditto, value 2 s. a pair of sheets, value 8 s. a diaper skirt, value 12 d. two ditto, value 2 s. a linen frock, value 2 s. ten clouts, value 5 s. one apron, value 18 d. a cotton jacket, value 12 d. a pair of trowsers, value 12 d. three damask napkins, value 3 s. a pair of cotton stockings, value 12 d. a towel, value 6 d. four caps, value 2 s. two handkerchiefs, value 18 d. a gauze handkerchief, value 6 d. a tea pot, value 4 d. a shift sleeve, value 3 d. one pair of child's nankeen breeches, value 6 d. a yard of printed cotton, value 2 s. a cotton stomacher, value 2 d. two yards of silk ribbon, value 6 d. the property of Richard Owen , in the same dwelling house .

RICHARD OWEN sworn.

I live at Harmondsworth, near Colebrook ; my house was broke open the 25th of August; I went out at eight in the morning; I left nobody in the house; I locked my doors; there are two doors to my house; one was barred on the inside and the other locked; I am sure that was barred and bolted; the windows were all shut; I rest the house all safe; I was called out of the field between one

and two; I went home and found both doors open, and the window broke.

What things did you miss? - A surtout coat, a pair of corderoy breeches, three gowns, three shirts, a pair of sheets, and many other things; I was informed in about an hour that somebody was taken up; I went home, and then I went to the sign of the Magpye; there was the prisoner and my things; I knew the surtout coat, the corderoy breeches, and my wife's gowns; the sheets, the shirts, and the other little things I be not acquainted with; but the things in general were with him.

Who had him in custody? - Morris.

WILLIAM MORRIS sworn.

I took this man in a brake of bushes about two miles from Harmondsworth; I was at work upon the road; and I saw three men running; when they came by, I says to them, what are you mad, or are you going mad? a young man said, they had been breaking Owen's house open; with that I ran after them; I first saw the prisoner in the field; the prisoner ran the length of two furlongs, and he jumped into a ditch, and there the things were found; one of the witnesses saw him drop them.

JOHN TILLIARD sworn.

I was the first that pursued the prisoner; I got sight of him within about forty yards of the Coach and Horses, near Cranford-bridge; I had not seen him before any where, near Owen's house, I saw him go up the bank and throw a bundle off his shoulders into the ditch; I saw that bundle picked up afterwards; it was the same that Morris had; I am sure of that.

(The bundle produced by Morris.)

It has been in my possession ever since.

SARAH OWEN sworn.

(Deposes to the things.)

The value of them is about six pounds as nigh as I can guess altogether.

PRISONER's DEFENCE.

My Lord, I had been a month at Bath; I am a journeyman shoemaker ; I came to town for business; I was obliged to look for more work; I lived till my money was all expended; and I worked at Colebrook about seventeen or eighteen years ago; I went to see for an acquaintance, as I have a wife and child, he had no occasion for me; he directed me to Staines, which is about three miles and an half, or four miles; I lay at Colebrook the night of the 24th, and coming back I sat on a stile near hand these people's house; there was a boy herding some geese, and some pigs in a field that was cut; the boy was throwing some stones at the geese; I bid him not; I sat on the stile and I saw some dry grass and nettles and things; and I perceived a bag laying there; I sat there amusing myself; I perceived it again; and pushed the nettles away with my stick; and I found a bag; what wearing apparel it was, I could not tell; I put the bundle upon my back, and went strait across the hedge from the stile; I heard a cry of stop thief; I did not know what might be the consequence of having these things; I threw them into the ditch and jumped over the hedge, intending to escape; and they pursued and took me in a hedge.

The prisoner called one witness to his character.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Prisoner. I hope you will shew me mercy; I have served the King and Country; I never was before a Court before.

Court. It depends on the King your sovereign, he is the proper judge; I think it my duty to tell you, that it does not appear to me probable that you can flatter yourself with much expectation of mercy.

Reference Number: t17860830-14

674. JOHN SHEPHERD was indicted for feloniously assaulting John Hathaway on the king's highway, on the 26th of July last, at the parish of Hanwell, and putting him in corporal fear and danger of his life, and feloniously taking from his

person, and against his will, one guinea, value 1 l. 1 s. and 4 s. his money .

JOHN HATHAWAY sworn.

On the 26th of July last, I was robbed by a single highwayman on horseback, between Hanwell and Southwell , of about four or five and twenty shillings; it was about a quarter past seven or twenty minutes; about a mile and a half beyond the Old Hats; about eight miles from town; at that time I was alarmed, having my wife and children in a coach some small distance behind; I was in an open chaise; I was stopped by one man; he met the chaise; I was in an open chaise; I was coming from town; I was so much alarmed that I cannot recollect the manner in which I was stopped; I can recollect nothing further; I was rather confused at the time; I have not the least recollection of the person.

Had the man any weapon? - he had a pistol, and as soon as I gave him the money, he went off instantly.

Did you give him any thing else but money? - Nothing else.

Who was with you in the chaise? - Mr. Wheatly, the other evidence.

WILLIAM WHEATLEY sworn.

I was in the chaise with Mr. Hathaway, when he was stopped; at the distance of about two hundred yards, I perceived a carriage stopped in the road before; at the bottom of the hill; this was nearly the top of the hill; it was about a quarter after seven in the evening; the prisoner came from that carriage; when he came up to the head of my horse, I perceived a very small barrel pistol in his pocket; I quitted the chaise and jumped out on the near side, before he stopped it; I jumped out as soon as ever I perceived the pistol; I had hold of the reins that stopped the chaise; on my jumping out the highwayman insisted on my getting in again.

Did you get in again? - No, I said, I would not; and he pointed the pistol in this manner to me; and I had taken up some stones; there were plenty in the road; and I told him if he did not take away his pistol, I would throw stones at him; he had a large silk handkerchief; Mr. Hathaway remained in the chaise, and attempted to reach the reins; in the mean time he demanded his money, and robbed him; I heard him demand his money, with the expression of come d - n me your money; he then insisted on having my watch and money; the coach was behind, in which my wife and Mr. Hathaway's wife were; I tossed a guinea across the horse, which sell on his hand; it fell to the ground; he says, d - n me Sir, what do you throw it on the stones for? I insist on your picking it up; he did not pick it up nor I; he then rode to the coach, which I suppose was one hundred and fifty yards distance from us; he told me I might pick up the lousy guinea myself; he then robbed the coach; I followed him towards the coach; when he turned round and saw me following him, he shook his pistol at me, and he says,

"come on, come on, d - n

"me, come on, I am double armed by

"God;" this transaction took up about five minutes; he rode down the lane and returned to pick up the money that was dropped in the coach; that was a quarter past seven; it was full day-light; there was a silk handkerchief round his neck, and sometimes it was reached up to his mouth but no higher; it was once or so off.

Had you an opportunity during this time of observing the man's person so as to know him again? - I had as much opportunity as I have of seeing your Lordship; I have every reason to believe the prisoner at the bar to be the man; yet I do not swear to him positively.

How long was it before you saw him? - It was eight or nine days.

Had you ever seen him before? - Yes, my Lord; I believe I had seen him before.

Where? - At Woolwich.

Had you seen him before so as to know his person? - No; it occurred to me then that I had seen him before; I saw him seven or eight days after; he was then in custody at Bow-street; I was more flurried and discomposed when I saw him at Bow-street, than when I was robbed.

Did you know him immediately? - Yes, I said then, and swore, that I really believed and suspected him to be the person that committed the robbery.

Now from what you have seen of him now, and since, and the time of the robbery, can you say whether it is the man who robbed Mr. Hathaway or not? - I would not wish to be positive to any part of the time.

I do not wish you should be more positive than the conviction of your own mind enables you? - It was with reluctance I agreed to the prosecution.

Court. Probably so; but however, though it is a painful duty, it is a duty to prosecute offenders, and to give full evidence upon that trial, but to be sure in that situation a man cannot be too cautious not to go beyond his certain knowledge; therefore the question to you is, whether you are perfectly satisfied in your own mind that he is the man? - I am perfectly satisfied in my own mind that he is the man.

Have you any doubt at all of it? - I have no doubt at all.

Court. Who were in the coach? - Mrs. Hathaway, Mrs. Wheatley, Mrs. Hathaway's nurse, one Mr. Mason, and two young ladies; the coachman was brought to Bow-street, but they said, his evidence was not material.

Why were not the parties that were in the coach brought here? - They never attended any time.

Court. Their knowledge might be material one way or the other; they might be able to say one way or the other, they certainly ought to have attended.

Prisoner. My Lord, there was a coachman that was present at the examination, he took upon himself to say, I was not the man, and Mr. Hathaway likewise.

Mr. Wheatley. The coachman could not swear to him.

Jury. As you went afterwards to the coach where the ladies where, certainly you had an opportunity of seeing his face? - The same Sir, that I have of you now, for afterwards returning from the lane, he got off from his horse, and turned back and spoke as he got on the horse directly, and said, d - n me I will mark you.

PATRICK MACMANUS sworn.

After Mr. Wheatley had given information of the robbery, and said, that Shepherd was the man that robbed him -

Court to Mr. Wheatley. How is this? - Coming home, we stopped at Shepherd's-bush, and whilst we were there the patrol came, and I only described the man to the patrol, and they said, they supposed it to be Shepherd.

Macmanus. In consequence of this information I looked out for Shepherd.

How long after did you see the prisoner? - I think it was on the 8th of August; that was a fortnight after.

Where did you take him? - In St. Martin's-lane, in a public house.

Did you tell him what he was charged with? - Yes, he denied all knowledge of the robbery; I searched him; there was nothing upon him that answered to any part of the robbery.

Did you find any pistols upon him? - No, my Lord.

Court to Mr. Wheatley. Was there any thing lost but money by any of the parties? - A locket, but it has never been found.

Court. I could very much have wished that the persons in the coach had attended, for it is right all persons should attend.

Macmanus. Sir Sampson desired both the gentlemen to enquire of all the parties in the coach, whether they could give any account of the person.

Prisoner. I have nothing to say, my Lord, I am quite innocent of the robbery that is alledged against me.

Court. Have you any witnesses? - No, my Lord.

Prisoner. I think it necessary that the coachman should have been examined, he is much in my favour.

Jury to Mr. Wheatley. Have you any

particular knowledge of the prisoner by his voice? - No.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-15

675. JOHN BROWN was indicted for feloniously stealing, on the 31st day of July last, a black gelding, price 14 l. the property of John Sharman .

JOHN SHARMAN sworn.

I live at Girton near Rygate, Surry ; on the 31st of July, I lost a horse from my field; I saw him in the afternoon, about four on the 30th, I missed him in the morning of the 31st; about four I saw a gap made in the hedge in the turnpike road, leading to the London road, to Sutton, and that way; then I followed the horse to London; I know nothing further.

JOHN SHEPHERD sworn.

I saw this horse about seven in the evening on the 30th; the next morning between five and six, my master ordered me to take horse and go after this horse; I saw the horse at Smithfield the Friday following; one Baldwin took me to see the horse; I cannot say the name of the place; it was my master's horse; I never saw the prisoner.

What sort of a horse was he? - I knew him; I do not justly know his marks; he had a white foot, and a little star on his forehead, and a long swish tail.

RICHARD BALDWIN sworn.

My servant brought the prisoner and the horse to my door; he took the man with the horse on Friday the 4th of August, his name is Samuel Arnold ; he took him in the parish of Mary-le-bon; on horseback; I am a linen-draper in Smithfield; I had been at Ryegate the Sunday before; the horse that Shepherd saw, was the same my man brought.

SAMUEL ARNOLD sworn.

I took the prisoner myself in the parish of Mary-le-bon on the 4th of August; he had my coat on his back; I knew him to be the person that stole our property from Ryegate; I had lost my great coat on the 31st at the Swan; I saw the prisoner at Ryegate on the 30th; I do not know what he was doing; I had rather a suspicion of him on the Sunday; missing him on the Friday; I saw the prisoner at the back of Mary-le-bon work-house, with my great coat on; I stopped him; I was on horseback, and he was on horseback; I brought him and the horse to my master's house; I stopped him on account of my great coat; and I had seen hand-bills about the horse, which answered the description very nearly or quite.

What did he say for himself? - He said, he was the person that stole my great coat, and begged I would let him go; he said, the horse belonged to a timber merchant and wanted me to leave it behind; but I said, they should all go together; I know nothing more; I saw the prisoner at Ryegate; the prisoner said, he had lived with the clergyman of that parish; passing along in a field, he said, he saw some horses, he said, them do not look to be nice horses.

Mr. Peat, Prisoner's Counsel. You saw nothing of your great coat till you saw it behind Mary-le-bon work-house? - No, I missed my coat next morning; the prisoner went very readily; he said, the timber merchant was behind.

JOHN CLARK sworn.

I was in Smithfield; I took up the prisoner.

Court to Baldwin. Did the prosecutor come up and see the horse afterwards? - I never saw him with the horse.

To Arnold. Did Sharman come on Saturday for the horse? - Yes.

Was the horse that Sharman took away, the same you stopped the prisoner on? - Yes.

Now Sharman, was that your horse? - Yes.

PRISONER's DEFENCE.

I hope the evidence will prove my innocence

if you please to call them; though upon the spot on Sunday, and was in company with the servant; I am innocent of the robbery; I never was farther than Ryegate church.

What account do you give of the horse being in your possession? - I bought it at the Swan door, at Westminster bridge, on the 1st of August; on a Tuesday.

(The prisoner's witnesses examined separate.)

ANDREW COLLEY sworn.

Do you know any thing of the prisoner buying a horse at any time? - Yes; I am a labouring man; I have lived at Bays-water better than two years; I am known there; I will say nothing but the truth; the last day in July, I was at work at 'squire Moon's in Hyde park; I finished the job that very day; it was on a Monday; there was a young man came and told me that one Mr. Kipping, a waterman, was going to put me to trouble for a little money; he was a waterman by Westminster bridge; to prevent it, I went on Tuesday the 1st of August; I went to Mr. Kipping to get him to stay latter harvest; and as I was going I met the prisoner; I had knowledge of him about six weeks before; I think I met him in George-street; he was on one side of the way and I on the other; I called to him, and asked him to do me a favour; says I, I am going to the water side, I wish you would go with me to speak to the man that was going to put me to trouble; he said, he had no objection to do it; he went with me to the foot of the bridge; he staid there two or three minutes, looking for the waterman; the ther watermen said, he was gone off with his boat; they told me to wait; I waited, and the prisoner with me, on this near corner of the bridge, and a gentleman and a farmer came over together, leading a horse, not riding him; they made a stop just as they came to the end of the bridge; and the gentleman said to the farmer, is that the lowest you mean to take for the horse? and the farmer said, it was; and it was too little; and the man I call the farmer, had a farmer's dress on; the gentleman he went away; he did not buy it; he said, it did not suit him at that price; the prisoner said to the farmer, what is it between the gentleman and you, that you cannot deal? he said, there was a good deal; says the prisoner, what will you have for it? it is a thing that will suit me very well; I want it to go in a little cart; the farmer said, twelve pounds; the prisoner said, I will give you ten guineas; the farmer said, no; the farmer asked him to give eleven; and he said, no, he went away, and returned, and he said, there is a bridle and saddle is to go with it, and there is a great coat that is useless to me; you shall have them altogether for eleven guineas; the prisoner offered him ten pounds fifteen shillings; and the man said, then you must stand treat; the prisoner said, I am not for drinking this morning, but nevertheless if you like to stand treat, this man can drink, that was me; they agreed for the horse; they went to the Swan; I held the horse the while; I saw money pass between them; they came and asked me to drink; and asked me if I could write? I said I could write my name, not very well; then they asked me to write my name; I did so, and they left the pot of beer, what they did not drink to me; and they went their way; I wrote my name upon a piece of stamp paper, which the farmer had out of his pocket book, and a little brass ink-horn, which he produced and wrote with.

What was wrote upon that paper? - I did not look on it to see what it was.

(The paper read).

"August the 5th, 1786. Received of

" John Brown , ten pounds fifteen shillings,

"for the horse, bridle, saddle, and

"great coat, per me, John Smith; witness,

" Andrew Colley ."

Should you know it again? - Yes, I should.

Is that your hand writing? - (Shews him a paper.) - This is my writting; this is the paper I wrote my name to; under there, where they told me to do it. (The

receipt handed up to the Court.) Then they went off both together; and I staid there till twelve o'clock; I know nothing more that is material.

Court. You wrote your name upon this paper at their desire? - Yes.

Did you read the paper first? - I did not; they desired me to sign my name, and I did.

Court. Write your name on that sheet of paper; take your time.

(Writes his name upon a sheet of paper, which was handed up to the Court.)

Was any body present with you and Brown when this happened? - There was a great many people; and there was the waiter a little crumped back man; they call him my Lord; he stopped up stairs a very little bit, when he brought the beer up stairs; their tap-room is down below, and there is some seats up at the door where people sit down; I do not know whether he saw the bargain or not; there were a great many people, but I did not know one from the other; the farmer and this prisoner went off both together the same way; and I staid at the bridge till near twelve o'clock, waiting for Kipping.

How came Brown to leave you? - He went away with the horse.

How came the farmer to sell his great coat with the horse? - He said, he was going to walk into the country.

What sort of a horse was it? - It was a smallish long tailed black horse.

A goodish saddle and a very good bridle? - I did not notice it particularly.

What sort of a great coat might it be? - It was a lighter coloured than mine; I did not see it open; it was tied up.

Did not Brown open it to see his bargain before he paid for it? - He did not open it before me; he bought it all together without looking at it.

What might the bridle and saddle be worth, think you? - I am not a judge; I did not see the great coat opened.

Should you know the bridle and saddle again? - I think I should know the coat; I do not know whether I should the bridle and saddle.

Court. Shew the coat to this man? - (The coat produced.) - This is much the colour; but I am not sure; it was a lighter than mine; I believe this to be the great coat, and it was inside outwards.

Court to Arnold. That is the coat you found on the prisoner? - Yes.

It is a very good great coat? - Yes.

Where is the bridle and saddle? - Here is the saddle.

Court. Colley, look at the saddle? - I think, I am pretty sure it is the same; I remember the marks on here; yes, here are a cypher and letters.

How came it that the farmer refused ten guineas for the horse alone, and took ten pounds fifteen shillings, for the horse, bridle, saddle, and great coat? - He did not offer the horse alone; he offered the horse, bridle, and saddle.

You did not say so at first; what may that saddle be worth? - I am not a judge.

Court to Arnold. What is the saddle worth? - I suppose half a guinea; I do know the value.

Baldwin. The saddle, stirrups and all, I should suppose to be worth a guinea; the stirrups are plated; the great coat is worth half a guinea at least: the saddle cost two guineas and an half, without the stirrups; I have had it a year and an half; and I gave twenty-five shillings to the best of my recollection for the stirrups.

Mr. Peatt. What would you give for the saddle and stirrups now? - I would give a guinea and an half for it now.

Court to Colley. Did you find Kipping that day? - No, I did not; I went two or three different times for him, but I did not see him; I sent my little boy to him, and he left word with the other watermen that he should not do me any damage; he said, I owed him thirteen shillings.

WILLIAM BRUCE sworn.

I am a shoe-maker and boot-maker at Lambeth-marsh, next door to the Queen's-head;

the prisoner lodged with me near three months.

Did he at any time send to you for a pocket book? - He did; here is the letter he sent to me; the prisoner sent for me on the 5th of August; he was in the Poultry-compter; I went to him; he lodged with me at the time; he desired me to go and take the key of his room door, and the key of his box; and to take a green pocket book out of it; and that there was a paper there that his life depended on; accordingly I did so, and carried him the pocket book; and he said, it is very happy I gave him the pocket book; and I came away; before I came away, he took out the paper; I did not read it, nor see him read it; it was about the length and breadth of a receipt; he did not shew me the paper; I should not know it again if I was to see it; that is all I know of the matter.

Court. Who was present when he sent you for this book? - There were two or three prisoners that were in the same room; he was in a little room; I suppose, I did not stay above ten minutes with him either time; as to swearing to the book or the receipt I cannot; I have only known the prisoner three weeks when this happened; he was always in at ten o'clock; I know nothing of his character.

Court. The prisoner lodged with you till he was taken up? - He was taken on the 4th; that was on the Friday; he wrote to me on the 5th; that I believe was on the Saturday; I put down the day of the month because he desired me to take particular notice.

When did he desire you to put down the day of the month? - The very day that I came to him; he desired me to take notice of the day of the month that I brought his pocket book; he never was out of his lodgings before nor after past ten at night.

Do you happen to recollect where he was on the Sunday before that? - No, my Lord, not in the course of the day; he was always at home at night; and came home on the Sunday night; I suppose it might he past nine, as high as I can guess; I cannot particularly say to a quarter of an hour; but he was in before ten.

What house have you? - A house with three rooms at six pounds a year; he rents the one pair of stairs.

What is he? - He told me when he came to lodge with me, he was a gentleman's servant, and I having been a gentleman's servant myself; I lived with the Marquis of Rockingham about ten years ago; and at Wimbledon I lived with him seven years; I was footman to my Lady; I went down to Wentworth with him, and to Little Harriden; that was the very time when they left that house on Parson's-green, before they went to Mr. Rush's house at Wimbledon.

Court to Arnold. How far is Ryegate from Westminster-bridge? - I suppose twenty or twenty-one miles.

What time on Sunday was it you saw the prisoner at Ryegate? - At a quarter past ten at night; for I supped with him.

You walked out with him there, and spent the evening with him? - Yes; he left me; and I supposed he was going to the parson's; I had just nearly done supper when he came in; and he eat his supper, as I was eating mine.

Did you know him before? - Only by seeing him that day.

Who was with you that day at Ryegate? - Only the people of the house, and the person that supped with me; he was a passenger; I did not know him; I was at the Swan at Ryegate.

When did you miss your great coat? - On Monday morning the 31st, at five o'clock; I saw no more of the prisoner; he was gone.

Court to Bruce. Do you still say that he was at home a little after nine on Sunday evening? - I did not say that; I said, on the 5th I had a letter from him.

I ask you where he was on Sunday? - I never said when he came home on the Sunday night.

Was that true or not? - No, my Lord, if I said so, I said wrong.

How came you to say wrong upon your

oath; I asked you where he was expressly on one Sunday, you told me that you did not know what became of him in the day, but that he always came home in good time of a night; you said, he came home on the Sunday evening at a quarter past nine; I asked you ever and over again, if you was sure of that; you said you was? - If I said that my Lord, I said wrong; but what I meant was, that on the 5th I had a letter from him.

Then you will not say now, what hour he came home on the Sunday night after you have heard that witness; was he ever out before the night before? - Before the night before the 5th, he never I did out of my house; he came home about half past nine.

Will you swear that the Sunday before that he came home before ten? - Not the Sunday before I will not; the 4th was the only night that he laid out.

Then where was he on the night of the 30th? - That I cannot tell.

If he never was out you can tell he was at home? - He was at home on the night of the 30th; the 30th! oh, I beg your Lordship's pardon; I cannot tell where he was; I believe he was in the Poultry-compter on the 30th.

I mean the 30th of July? - He was at home that night.

Was he at home before ten that night? - He was; I do not remember any night of his laying out; but I do not recollect the days of the month; he was not out any night but the night before he sent me the letter.

You stick to that? - Yes.

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

What sort of a horse was yours? - Between a light and dark horse, about fourteen hands high, about five years old; I set him at fourteen pounds.

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

GUILTY, Death .

He was humbly recommended to mercy by the Jury .

Court. Gentlemen of the Jury, I always receive the recommendation of such a respectable Jury with great attention and with great respect, and generally I receive it with satisfaction; but the present case is attended with peculiar circumstances; for the verdict you have found after some consideration, has confirmed the opinion which I clearly entertained before; that the whole of his defence was a wicked scheme by a corrupt perjury; therefore if I carry your recommendation to the King, I wish it may be deliberate, and that you will let me know what reason I shall give his Majesty for it.

Jury. The reason why we recommended the man to mercy, we were not quite sure with respect to the receipt.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-16

676. GEORGE LEE , ALEXANDER SEATON , and GEORGE CONNOWAY were indicted for feloniously stealing, on the 27th day of July last, two live bullocks, value 20 l. the property of Robert Hill .

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

WILLIAM DELLOW sworn.

On the 24th of July I drove down thirteen beasts to Mr. Hill's marsh at Poplar ; I saw two of them on the Wednesday following at Mr. Hill's slaughter-house alive.

What time of the day did you see them there? - Towards the evening.

Do you know what became of them afterwards? - No, Sir, I do not.

JOHN BAYTIS sworn.

I found my master's locks open, the same morning the beasts were stolen from Poplar; which was Wednesday morning; there had been thirteen, but there were but eleven; I did not see the thirteen there; I

saw the eleven on Wednesday morning between three and four; I am sure there were but eleven beasts there.

ROBERT STEWART sworn.

I am patrol and watchman of St. James's, Duke's-place; I had an information on Monday, to the best of my knowledge, the 24th of July, that there was a cow to be brought into the parish; I suspected it was stolen; I watched during the night for this cow, and I gave a signal to this watchman; nobody came; on the Tuesday following, I had information it was to be bullocks; and not a cow; on the Wednesday morning, as near as I can recollect, about a quarter after four comes a man to the watch-house to me; in consequence of which I went round the parish to see, and found nobody on the Wednesday morning; presently there came to the watch-house a constable that was coming round, and said, Stewart, start up, the bullocks are coming; this was a quarter before four; then I run, and I saw them directly, and I saw the prisoners driving two bullocks in Houndsditch; there was two men and a boy; Lee was on the pavement on the right hand side, and Seaton on the left hand side, and Connoway was in the middle; the three prisoners were the people; I never saw them before; I ran up directly and laid hold of Lee, Connoway ran away; he over run me; Seaton was stopped by the constable and another; the other made his escape from us; we gave charge of the bullocks, while we took Lee and Seaton to the compter; as soon as we had delivered the prisoners to the compter we came back and too the bullocks down to Whitechapel-market, to see if any of the butchers knew to whom they belonged; and they were known to belong to Mr. Hill in East-Smithfield.

What did you with them after that? - We went down and knocked at Mr. Hill's door; he sent up his son to see if they were his, and he owned them.

Prisoner Seaton. Did you see me driving bullocks? - I saw no other person in the street; at the same time he was on the left hand, and Lee on the right hand, and Connoway in the center; I first saw Lee with the bullocks in Church-row.

How near was he to the bullocks? - He was standing still; he stood still a very little space; he walked off; he passed me twice; the bullocks were standing still all the while.

Did you see Seaton at this time? - I did not.

Did you see the boy? - I saw him rest himself, and sit down at the corner of Church-row, when I first saw the bullocks.

How near the bullocks was he sitting? - He might be fifteen or sixteen yards off; he sat there till about a quarter before four; they all three joined together; I first saw Connaway at half past three, sitting with the bullocks; he sat there till about a quarter before four, then he got up and brought the bullocks out of Church-row; I saw him go to the bullocks and drive them into Houndsditch.

At that time were any of the other prisoners there? - They were both there then; I did not see Lee come back; I saw the boy get up and drive the bullocks; I did not see Lee nor Seaton at the time the boy sat down; but at the time the boy got up; I did not see Lee at that time.

At the time the boy got up did you see Lee there? - I did not.

Did you see Seaton there at that time? - I did not; when I saw the boy with the bullocks, I ran back to the other officer, and so lost sight of them for a short time.

When you first came back again where were the bullocks? - When I came back again the bullocks were going up Houndsditch; Connoway was walking in the middle of the road behind the bullocks; it might be a dozen yards.

Did you see either of the prisoners then? - Yes, I saw Lee and Seaton, both of them.

Where did you see Lee then? - Lee was

upon the pavement on the right hand side of the way going up Houndsditch; he was walking the same way with the bullocks; he was behind the bullocks some distance, about twelve or fourteen yards; we stopped them directly.

Before you stopped them did Lee say any thing or do any thing that shewed whether he was driving the bullocks or not? - Not one single syllable in my hearing.

What had he in his hand? - Nothing in his hand of a weapon.

What had the boy in his hand? - I did not see any thing in his hand.

You did not see Lee do any thing then, but walk along the same way the bullocks went, you did not hear him say any thing? - Not any thing; Seaton was on the left hand side of the pavement walking the same way as the bullocks.

How far from them? - Much about the same distance as Lee was on the other side.

Had he any thing in his hand? - No, nothing; I neither heard him say any thing, nor saw him do any thing.

Lee and Seaton did not attempt to run away? - No, the boy did.

Did you at all see the prisoners speak to one another? - I did not.

Not at all? - Not at all.

While you were taking the prisoners to the compter, did Lee and Seaton talk together? - Not in my hearing.

Was there any thing from which you could discover whether they knew one another? - I could not see any thing; they denied any knowledge of one another.

Had you any reason from what they said or did, to think otherwise? - I had not.

How soon after the boy was taken? - In the course of a week after; I am quite sure he was the same boy I saw with the bullocks.

Was you present when the prisoners were examined? - Yes.

Did you ever hear them say any thing about this matter? - No, I did not.

Prisoner Seaton. When he stopped me ask him whether there was not a man ahead? - I saw no other person.

DAVID LEVI sworn.

On the 24th of July, there was information brought into the watch-house that three men were to bring a cow; on Wednesday the 26th in the morning, between three and four, I saw the three prisoners, two of them stood at the corner of the Minories.

Where did you first see the bullocks? - In Houndsditch.

Was Robert Stewart with you? - No, he was not in Houndsditch.

Who did you see with the bullocks? - I saw Connaway drive them in, and then he sat him down at the corner; I went past, and I saw Lee and Seaton at the corner of the Minories.

How far is that from Church-row? - I dare say it is two hundred yards; they were standing there.

What were they doing at the corner of the Minories? - They were standing leaning against a post, one on one side of the way and the other on the other; they were not together; I saw them do nothing at that time; I went round the parish, and I met Lee in Shoemaker-row; he came directly after me; he went down Houndsditch; I followed him, the bullocks waited in Church-row, and the boy sat down there till the watchmen went off; when the watch went off at four o'clock they all three went into Church-row, and drove the bullocks out.

Did you see them drive the bullocks out? - Yes; when I came back the boy was standing at the corner of Church-row; I saw him go up to the bullocks, and they came out.

Did you see the other two prisoners at that time? - Yes, at the corner of Church-row; I am sure of that.

Was Stewart there? - No

Was not Stewart there when the boy drove the bullocks out of Church-row? - No, I did not see him there; I ran and called Stewart, and we both of us came,

and some of the watchmen; we got a-head of them and came in front of them; they were all three behind the beasts in the middle of the coachway; they were all three together: I had drove Seaton into the pathway; says he, when I laid hold of him, I am not driving the bullocks; the boy ran away, and Lee and Seaton I held fast; they neither of them attempted to run away.

Did you see them speak together? - No.

Did you hear any of them speak to the bullocks, or see them do any thing to the bullocks? - No, only Connoway had a stick in his hand, the others had none.

Prisoner Seaton. Ask that man when he stopped me if I was not on the pavement and whether I did not call out, why do not you stop that man a-head? - No, I did not see any other man in the place.

MICHAEL NATHAN sworn.

On Monday I was in Smithfield-market; a butcher's boy came to me; his name is Joe; and I went with him to the prisoner Seaton's house; it was about twelve; when I came there the prisoner Seaton said he had a cow to sell; I asked him to let me look at it; he said, he could not let me see it, because he had not got it at home; and he promised he would bring it to me on Tuesday morning; I never saw him no more till the Tuesday night, after I was in bed, much about nine; then he came to my house with another young man with him.

Who was that young man? - I believe it was the prisoner Lee.

Are you sure it was him? - I will not take upon myself to be positive it was him because I had been asleep; and he told me he could not bring a cow, but we will bring you two bullocks in the morning; I told him, if he brought the two beasts in the morning, I would shew him a person that would buy them; on the Wednesday morning they called me up between three and four; they came and called me, one of them.

Which of them? - It was that young man in the white coat, Seaton; he said, they were coming, where will you take them to; I asked them if they was not afraid that the beasts would be stopped before they got as far as Aldgate.

Where were they to take them to? - They promised on the Tuesday night they would bring them to me; I told them in Spital-fields I would shew them a man that would buy them; I asked them if they were not afraid of their being stopped before they came there; and they said no, for the man that was with the beasts had a note in his pocket; I went on the Monday night before; after I saw this young man that came, and he promised he would bring me a cow, I went to the watch-house, and it was Levi's night the constable, and gave the information to him.

How long have you known Levi? - I have known him a great while, ever since I can remember.

Did you ever give him any information before this? - No.

How happened you to give him this? - Because I thought they were not honestly come by; I went to the watch-house, I did not know justly that that was his night up-my oath.

How came this boy to offer the cow to sell to you? - The young man that saw me in Smithfield-market offered it.

How came they to pitch upon you? - I cannot tell; I went there to see the cow; I do not know.

Are you used to buy these things? - No, I never did in my life.

Who is that young man? - A butcher that lived in Whitechapel, he asked me if I knew any body that would buy them; I told him yes; when I first went I intended to buy cow.

How soon did you change your mind? - That night when they did not bring the cow.

Did you get up and go and tell your friend Mr. Levi that they would bring two bullocks? - Yes.

Did not Mr. Levi tell you that two bullocks were twice as good as one cow? - No, he did not tell me any thing but that he would be out in the night; he never mentioned any reward to me, nor I to him.

Upon your oath was not it settled what share you was to have of this reward? - Upon my oath there never was a word mentioned in my presence about a reward.

Then without any expectation of a reward you got out of your bed and told Levi?

Prisoner Seaton. I have two witnesses that this man wanted a guinea not to appear against me; and then he came to ten shillings.

Is that true? - No, there were two people several times at my house, and I denied myself; I went with Levi to shew him where the bullocks were; I went to the prisoners when they were apprehended.

Prisoner Seaton. Was you before them or behind them when we were taken? - I believe I was behind them.

Prisoner. Now that gentleman swears that there was nobody else by; he owes me a spite because I used to watch at the Custom-house, and he had some stolen tobacco and I watched him to the ale-house.

JAMES HILL sworn.

I am son to Mr. Richard Hill ; I went to look at the bullocks; I believe it was Stewart that called me up; they were my father's beasts; I was with him on the Monday as they were bought; I put four clips on the hips of them; I am positive they were two of my father's beasts.

Prosecutor. I was in bed, they called me up to know if I had lost any beasts, I said, no; that was on the Wednesday morning; I saw them afterwards; I have the drover that drives for me to be a witness that they were the same beasts; they were mine; we can tell our beasts; we had them home about six o'clock.

James Hill. They were the same that my father saw.

Court to Dellow. Where did you see the beasts? - Them are two of the beasts that I drove to the marsh.

Who shewed you them in the evening? - Hill understood I sent for him; I knew the bullocks; they were two of the same.

ROBERT DAWSON sworn.

I apprehended Connoway on the 3d of August, I took him to Justice Smith in East-Smithfield, and he was committed. My Lord, with permission, if you will give me authority I will fetch in a man that will give you proof that the information came from Levi.

Levi. The information was not given to me.

JOSEPH SOLOMONS called in and sworn.

Please you my Lord, I was sitting one night drinking at the Blue Anchor, in Rosemary-lane; it was on a Sunday night; there was nobody but myself in company; there were two young fellows came in and told me -

Who were they? - I should know them; if I saw them; they were the prisoners Lee and Seaton; they came to ask me if I wanted to buy a cow; I am a butcher, and I was to let them know on Monday; they told me they would pay me for my trouble; I did not know it was stolen; I went back to Smithfield and saw a young fellow at Smithfield, and told him about it; that was Nathan, and I went with him into Rosemary-lane, and I saw the two prisoners up a court close to the Blue Anchor; they said they should bring her up on the Tuesday morning; I know no further about it.

Dawson. This man was in company with two more at the door whom I could not see when I went out; now they were saying to each other, that this man could say something in evidence that would discharge the three prisoners, or on the other hand could say something that would convict them; at least I heard the other man say, that this man and this had been at the watch-house with Levi the constable and

the patrols, and that Levi had observed to the other that there was a premium of forty pounds each for stealing bullocks or sheep.

Court to Solomons. Is that true? - No, please you my Lord.

Did any such thing pass as has been now stated? - No.

Had you no conversation with Levi before these men were apprehended? - None at all upon my oath; I never knew a word about it.

Court to Dawson. Was what was said in this man's presence? - Yes, my Lord.

Had you any conversation with that man that was brought in just now? - No, please you my Lord, none at all.

Dawson. Prior to the conversation they had, this man told me himself that a man that is in the yard was at the bottom of all this business, and that it was in the power of this man to assist the prisoners or convict them; he told me had employed them to steal the bullocks, and what they were to have for them, and every thing of the kind.

SAMUEL SAMUELS sworn.

Now, make a full disclosure of the truth of what you know in this business? - I was one day in Duke's-place, and David Levi asked me to go with him after some men that had stolen some bullocks; I believe it was on a Monday; I cannot rightly recollect the day; there were the patrols and the watchmen of the parish; there were four or five; he said, he had two in custody, and one was not taken yet; I went with him down to the Gun at Hollow-bush, and there the witness Nathan, who goes by the name of Jack Trotter , he was to have bought them; I went and staid there two nights till eleven and did not take any body; they told me it was too late to wait; it would be about four in the morning to take them; and I did not take them.

Nathan. I was not with him.

How long before the men were taken up was it that you had any conversation about it with Levi and Trotter? - It was on the Sunday or Monday, I cannot say which; before they were taken.

What were they to be taken up for? - For stealing the oxen; they told me they were to bring two oxen, I think as near as I can guess.

Did you hear any talk amongst them about any reward for taking these people? - They said, they dare say there would be forty pounds for each.

This you are sure was a day or two before they were taken up? - Yes.

Court to Dawson. You heard a man tell a story similar to this? - Yes, only he mentioned the conversation in the watch-house.

Samuel. I did not mention any thing about any conversation in the watch-house.

Nathan. Was I with you the day before? - Yes, and he told me the day before that there were to be two oxen bought, and that he was to be the buyer.

Prisoner Seaton. There are two witnesses out of doors to prove that that man wanted ten shillings to settle it; that is Nathan, or else he said, he would have forty pounds.

ELIZABETH BOWERS sworn.

Court. Be cautious what you say, take care to say nothing but the truth - I went to that gentleman in Duke's-place; I cannot say his name; that is the gentleman. (Points to Nathan.) I went to him on Tuesday; it was half an hour past one; I asked him what he intended to do with these men, as I heard they were innocent; he said, he was the chief witness against them, and he did not want to hurt them, and if they could make up ten shillings he would not appear against them. I have known George Lee ever since we were babies together.

JANE GRITTON sworn.

I was with this Mrs. Bowers when he offered to take the ten shillings.

Bowers. There was another young man that was with him, but he is not present.

GEORGE LEE , ALEX. SEATON , GEORGE CONNOWAY ,

GUILTY, Death .

They were all humbly recommended to his Majesty's mercy .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-17

677. WILLIAM BUGDEN was indicted for feloniously stealing, on the 6th day of August , one cloth great coat, value 5 s. the property of Josiah Holford , Esq . and one cloth waistcoat, value 5 s. the property of Thomas Newby , privily in the stable of the said Josiah .

THOMAS NEWBY sworn.

I am Mr. Josiah Holford 's servant ; he lives at Hampstead ; he lost the boy's great coat, on the 6th of August, out of the stable; I lost my own cloth waistcoat from the same stable; I had not pulled the waistcoat off a quarter of an hour.

Did you see the coat in the stable? - No, not till after it was missing; it was about half after eleven in the forenoon; on the Thursday following the prisoner came into the yard twice; the footman called me down and the prisoner was in the stable, he said, he wanted to see the coachman; I was called, and the prisoner said, he wanted to find his brother Thomas Dover , whom he described a black swarthy complexioned man, with a blue coat and a red cape; I told him he should ring at the bell and not come into a gentleman's yard without; I bid him go out and he did so, and went away hanging down his head; he was taken on the Sunday following which was the 6th; I was in the kitchen and they sent for me directly, he was going to try on my waistcoat; he said was his own property; I told him it was not, and he began to cry; they wanted to duck him and let him go, but I said, he should go before the Justice; and he was taken before the Justice and committed; the waistcoat is here; he had the great coat and waistcoat together; I know it to be the boy's great coat; the prisoner said, the great coat was his working jacket.

Court. Is this boy here? - No; the boy is Mr. Holford's post-boy; I never saw the prisoner before he came in that Thursday; the stable door was open, and the gate into the yard was on the latch.

JOSEPH PENNY sworn.

I was coming along and saw the prisoner coming under 'squire Keen's gateway with a bundle under each arm, and a pair of boots in his right hand; I have the property here; I never saw the prisoner before; be passed on about an hundred yards, and a servant came out of Mr. Clay's gateway and cried out stop thief; when he got about a hundred yards I ran after him and caught him, and he dropped the boots, and I made him take them up and carry them; I took possession of the two bundles; and I left them with Mr. Justice Montague till Monday, but they are the same coat and waistcoat that were in the bundle.

(The waistcoat deposed to.)

What is the value of that waistcoat? - I should not wish to give more than half a crown for it; I am sure this is the coat belonging to Mr. Holford's boy by the lining and the plain buttons, and seeing it on the boy's back.

What do you value the coat at? - Five shillings.

PRISONER's DEFENCE.

I saw the coat and waistcoat at the door.

What business had you to take it? - It was laying in the street; I have neither father nor mother; I am twenty-two; I come out of Wiltshire.

GUILTY, 10 d.

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

Reference Number: t17860830-18

678. The said WILLIAM BUGDEN was again indicted for feloniously stealing,

on the 6th day of August , a livery cloth coat, value 5 s. a livery cloth waistcoat, value 5 s. the property of Richard Clay , Esq . and a pair of leather boots, value 5 s. the property of William Mutton , privily in the stable of the said Richard Clay .

WILLIAM MUTTON sworn.

I am second coachman to Mr. Clay; he lives at Hampstead ; on Sunday the 6th of August, he lost out of his stable a frock, and waistcoat, and a pair of boots; the boots are mine, the coat and waistcoat are my master's; I shifted myself to go to church; I hung up my coat and waistcoat and boots in the stable; I have nothing to say against the prisoner; when I returned from church he was before Justice Montague, and there I saw the things and the witness Joseph Fenn , I knew them very well; I am very certain they are mine; they are here.

JOSEPH FENN sworn.

(Produces the things.)

I saw the man coming out of 'squire Clay's gateway with two bundles, one under each arm, and the boots; we took him in the road, about three or four hundred yards from the gateway, with two bundles and a pair of boots; he was going to get over some railing into a field and I stopped him; these are the things, I marked them at Mr. Montague's; I am sure these are the same things.

(Deposed to by Mutton.)

I am certain they are all mine.

What is the value of them? - Five shillings a piece the coat and waistcoat, and the boots fifteen shillings.

Do you think they are worth so much? - Yes.

PRISONER's DEFENCE.

I was in distress and out of place which drove me to it.

Jury to Mutton. Was the outer gates open? - Yes.

GUILTY, 4 s. 10 d.

Transported for seven years .

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

Reference Number: t17860830-19

679. SARAH JONES and ANN CROW were indicted for feloniously breaking and entering the dwelling house of Maria Weaver , between the hours of eleven in the forenoon and one in the afternoon, of the 21st day of July last, no person being therein, and feloniously stealing therein, a linen apron, value 2 s. two linen caps, value 12 d. a piece of unmade shift, value 2 s. an iron stove, value 2 s. an earthen ware tea pot, value 3 d. a tin boiler, value 6 d. and an earthen pan, value 2 d. her property .

MARIA WEAVER sworn.

I live in Marlborough-court, Pettycoat-lane ; on the 21st of July I went out about eleven in the forenoon, and in my absence the house was opened by a false key; I locked the door, and tried, and found it was fast; there is only one door to my house; I left one shutter up and one down; the casement was shut; I never opened it since I was there; I could not open it; I returned about seven in the evening, and when I opened the door the things were gone; when I came home I found the key did not turn as usual, and I tried the door and found it was not locked; the window was as I left it; I put down this list of the things as soon as I lost them; they were of the value of about twelve shillings; several of the things were quite new; I know nothing of the prisoners; I saw my stove at a broker's door who is here.

LEWIS ABRAHAMS sworn.

What are you? - A jew, I am an old clothes-man; I live in the same court with the prosecutrix; on Friday the 21st of July, I saw he two prisoners come up to the prosecutrix's window, and the prisoner Jones said to the other woman, she had lived in that room two years; I was at my window cleaning a hat; it was a little after twelve at noon; the prisoners went up to the window; I knew the prisoner Jones, she lives in the same court; then the prisoners went back without doing any thing, and staid a minute or two; then they returned, and Jones had a key in her hand;

and I saw her unlock the door and go in; they both went in together; in three or four minutes they came out again; I saw Jones in particular have a cup in her hand, but what was in her apron I cannot tell; and the other prisoner had something in her apron, but nothing in her hand; I told Mr. Cox the landlord, and we went to the place, and the things were gone; and we took the key of Jones's door and it fitted the prosecutrix's door; Jones was on her bed; I believe she was very much in liquor then; I did not see the other woman till the Sunday night; this was on the Friday.

WILLIAM COX sworn.

Confirmed the above evidence as to his informing him of the robbery, and went and found the room stripped, and said the house was let out in separate tenements, and had a door which does not communicate with any other; he went to Jones's room, who was very much in liquor laying on the bed, and denied any knowledge of the robbery; there he found the pan.

(Produced and deposed to.)

Prisoner Jones. That pan stood at my door full of soap-suds; I took it up and emptied the suds and carried it in doors.

SAMUEL CHERRY sworn.

The prisoner Crow brought me this stove to sell on Friday between twelve and one, she said, she was sent to sell it; I told her I did not chuse to buy it, it was not worth buying, and I would give no more than one shilling; she said, it belonged to a person that used our house; I am sure it is the same stove.

(Deposed to by the Prosecutrix.)

PRISONER CROW'S DEFENCE.

We had both been drinking a drop of beer and liquor that was given us by a young man; and I sat at Mrs. Jones's, and I began to be very sick, says Mrs. Jones, Nanny go out and fetch a drop of a dram, and I went out and saw a poor man who asked me to do him a favour to sell a stove, and I went and sold it; I never saw any key; I have seen the man in the neighbourhood; he was a shortish man in a light coloured coat.

PRISONER JONES'S DEFENCE.

I know nothing of the stove, the pan I took from the door, as I have mentioned.

BOTH GUILTY, 10 d.

To be privately whipped , and confined twelve months in the house of correction .

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

Reference Number: t17860830-20

780. JOHN MONK was indicted for feloniously stealing, on the 22d day of August last, a cotton gown, value 15 s. the property of Sarah Isabella Armstrong , widow .

Mrs. ARMSTRONG sworn.

On the 22d of August I lost a gown from my bed chamber in Gray's Inn ; I read an advertisement from the public office in Hyde-street, Justice Walker's; I took a piece of the gown and it matched the gown.

JAMES HECTOR sworn.

The prisoner came into our shop, an old clothes shop, he came in at six in the evening; he brought a cotton gown to sell; he said, he was in great distress and his wife at home very ill with three children; I would not buy it; he asked twelve shillings for it; he afterwards sold it to a Jew for seven shillings; I thought the gown was stolen, and I followed the prisoner and took him to Justice Walker's, and Miss Armstrong swore to it.

Prisoner. What time was it I came to your house? - About six.

- TREADWAY sworn.

(Produces the gown.)

GEORGE MEECHAM sworn.

Mr. Hector brought the gown to me and I took it to Justice Walker's office.

Treadway. I have had it in my possession ever since.

(Deposed to.)

PRISONER's DEFENCE.

I found the gown in Westminster; I lost an estate in America; I have a wife and four children.

GUILTY .

The prisoner called one witness to his character.

Whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-21

681. EDWARD WILLIAMS was indicted for feloniously stealing, on the 4th day of August , one piece of cotton for handkerchiefs, containing ten yards, value 14 s. the property of the East India Company .

JOHN CLARK sworn.

The prisoner was a labourer in the East India Company's warehouse, he asked leave to go out about nine in the morning, I refused him, and ordered him back to his business; on his returning back, I saw something bulge out of his breeches, upon that I searched him, and pulled a piece of handkerchiefs out of his breeches; it came from the ship Valentine.

WILLIAM BADCOCK sworn.

I am door keeper, I only confirm what Mr. Clark has said.

JOHN STRANGE sworn.

I am an officer of customs; I took charge of the goods only, it has been in my custody ever since.

Mr. Clark. I saw the piece, it was delivered to Strange.

GUILTY .

To be transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-22

682. ISABELLA LEICESTER was indicted for feloniously stealing, on the 16th day of August , one quart pewter pot, value 1 s. and three pint pots, value 3 s. the property of John Mason .

JOHN MASON sworn.

Mr. Taylor brought the prisoner into my house with a quart pot, and she had three more of my pots in her apron; they had my name on them.

RICHARD TAYLOR sworn.

I saw the prisoner with a pot in her apron, she dropped it, I made her pick it up; she brought it back to Mr. Mason's house.

WILLIAM HARDY sworn.

I saw the prisoner in the publick house, and she called for a glass of gin.

(The pots deposed to.)

PRISONER's DEFENCE.

I found the pots, they were laying in the street, I took them up, I was going to carry them to the house, and a gentleman came and took me; I was going to take them to the first public house.

GUILTY .

Privately whipped , and imprisoned six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-23

683. WILLIAM FLAXMAN was indicted for feloniously stealing, on the 10th of August , one tin box, value 1 d. eight pieces of brass work, part of the inside of a watch, value 5 s. one piece of silver work, part of the inside of a watch, value 1 s. the property of Cuthbert French ; a linen handkerchief, value 2 d. the property of John French , privily from the person of the said John French .

JOHN FRENCH sworn.

How old are you? - Going on fifteen.

Do you know the prisoner? - Yes.

What have you to say against him? - He and I was behind a coach in Whitechapel Road ; I had a watch in my pocket going to the gilders; I was going of an errand, and I got up behind a coach, he was up before me; it was five minutes before nine in the morning.

Did you look at any clock just when you got up behind the coach? - Yes, I did at the London hospital clock; it was this day three weeks, we rode to the Bell-founders just by the church; I found I had lost part of a watch, and my pocket handkerchief; I had them in my coat pocket.

Did you feel him put his hand in your pocket? - No, I did not, but I missed it before I got down, I charged him with it; he said he had not got it; I told him I would not let him go away till he gave it me; then I saw a little bit of my handkerchief out of the flap of his breeches, and I pulled it out, it was my handkerchief; he said nothing then, and a young man took him to the watch house; a young woman found the watch work just by the church; I am sure I had them both in my pocket.

COLEMAN JOEL sworn.

I was going towards Whitechapel church towards nine, and I saw a parcel of people about the boy ; he had the handkerchief in his hand; the prisoner was taken to the watch house; he said he picked up the handkerchief from the side of the coach, and put it in his breeches.

ELIZABETH WOOD sworn.

Crossing the road in Whitechapel, I picked up this tin box, with the part of the watch in upon the stones; here is the handkerchief, I have had it ever since; it was given to me at that time by Mr. Staples.

(The handkerchief deposed to.)

Jury. Was the watch in the carriage way, or in the path way? - In the coach way.

PRISONER's DEFENCE.

I picked up this handkerchief where I stood, and when the lad searched me, it was in my breeches.

The prisoner brought two witnesses, who gave him a good character.

GUILTY. Of stealing the handkerchief only, value 2 d.

To be privately whipped, and delivered to his father .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-24

684. ANN SYMONDS, otherwise BIRNHAM , was indicted for feloniously stealing, on the 3d day of December last, one linen shift, value 6 d. an apron, value 6 d. a silk and cotton handkerchief, value 3 d. a muslin ditto, value 3 d. a linen ditto, value 2 d. a cloth coat, value 1 s. a stone jarr, value 2 d. the property of Thomas Collier .

MARTHA COLLIER sworn.

I am wife of Thomas Collier ; I lost the things mentioned in the indictment (repeats them) they were my husband's property; I first missed them the night of the 3d of December, between four and five; the prisoner was paid her wages before they were due, I owed her nothing; she went to fetch some milk, and did not return; she took the jarr to fetch the milk in.

WILLIAM COOK sworn.

I am constable for the parish of South Mims; I apprehended the prisoner at Potters Bar, the 1st of August, and found on her an apron, and a handkerchief: previous to taking her, she brought a cloak for some victuals.

(The things deposed to.)

PRISONER's DEFENCE.

I have nothing to say.

GUILTY .

Privately whipped , and confined six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-25

685. JOSEPH HARBIRD was indicted for feloniously stealing on the 12th day of August last, two live cocks, value 2 s. three live hens, value 3 s. one live duck, value 12 d. one night cap, value 6 d. a key, value 2 d. the property of Matthew Burton , Esquire .

SAMUEL COOKE sworn.

I live with Mr. Burton, he lost the things mentioned in the indictment; I saw them in the hen house on Thursday night; a night cap was missed off the green in the garden, and the iron key of the garden gate which was on the inside.

Was this night cap laid in the garden on the grass? - Yes, I found nothing since but the key, which the constable gave me in the prisoner's lodgings, in Conway Court, Mary bone, No. 7; the prisoner was present; I never saw him tell he was brought before the magistrate; he directed us to his lodgings himself; the key was tried by the constable in my presence, it opened the gate as well as usual; it was a common wooden lock.

Then perhaps more keys would open the lock than one? - I knew the key, I had it in my possession twenty two months; there is a particular mark goes across the inner ward; I described this mark to the constable.

(Shewn to the Jury.)

- BULLOCK sworn.

I am constable of the night; I apprehended the prisoner on Thursday the 17th, in the morning about one; the week after the things were missing; two of my men, John Mason and John Ward , got the prisoner by my house; they brought him to me, and he had two bags and a tool,

and hearing the next morning, that this hen house was broke open, I went there and tried it, and it fitted to the place that was broke open; on searching him, I found this knife and these two padlock keys; the knife appeared to be bloody, and had feathers sticking about it; in the afternoon of the same day, I went to search his lodgings by his own direction.

JOHN MASON sworn.

I am one of the patrols of Hampstead town; about a quarter or twenty minutes before one, we were going our round, between the sixteenth and seventeenth, by the chapel walk, we sat down there about ten minutes, and we heard some ducks halloo, and in less than two minutes after we saw them coming out of a pond, and the prisoner behind them; the prisoner drove the ducks about, he did not take them; we found the things on him that have been produced.

JOHN WARD sworn.

I am another patrol; I was in company with Mason that morning, I saw the prisoner a little before one; the ducks were coming out of a pond, and he drove them about; we took him, and took the things upon him.

PRISONER's DEFENCE.

I was in a common lodging house; I know nothing of the key; the woman that lives in the room, is a common prostitute, and several men came there as well as me.

Did you see any man in the house? - I saw a Jew in the house.

Prisoner. I have had witnesses these three days.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-26

686. ESTHER HARWOOD, otherwise HOWARD was indicted for feloniously stealing, on the 14th day of August , one silver watch, value 20 s. two iron keys, value 1 s. one half guinea, and two shillings in monies numbered, the property of James Potter , privily from his person :

And JAMES WETHERICK was indicted for feloniously receiving the said watch, knowing it to be stolen .

JAMES POTTER sworn.

On Wednesday, the 9th of August last, I lost a watch at the Wheatsheaf, in Tothill street, Westminster ; I was in company with the prisoner; I first met with her in the house, about ten in the morning; I cannot say that any body else was in company with me, other people were there; it was in the publick tap room; we had been there a considerable time; I staid there till night; she was not with me all the time, but we were five or six hours together in the tap room all the time; we sat in a box; I had no knowledge of her before; when she had left me sometime, I missed my watch; I might stay after her, half an hour or an hour; I lodge in the neighbourhood; the woman went out of the house; it was a silver watch; I had drank rather more than I should do; when I missed my watch; the next day I got a warrant for the woman, and she was taken; the pawnbroker has my watch; I had the watch out several times whilst I was in her company, to see the hour; I am sure I put it up again, but I did not know when I lost it.

How many times had you it out? - Three or four times.

Was you not so overcome in liquor, that you do not know what you did? - I recollect very well about the watch.

But after she was gone, did you see your watch? - No.

Did you see the prisoner Wetherick in company? - No.

JANE FERGUSON sworn.

Did you see the prisoner Esther Harwood, and James Potter together? - Yes, I lived in the publick house a servant girl.

How long did you see these prisoners and Potter together? - They came in about ten.

How long did they stay together? - Mr. Potter went away between nine and ten.

The woman did not stay there all the time? - No, she went away at a different time.

Did you see Potter pull out a watch at any time? - Yes, I saw him pull it out once to see what o'clock it was.

Did you see this woman do any thing? - Yes, my Lord, between five and six, James Potter went into the vault, and this Esther Harwood came after him about five or six minutes after; I was in the kitchen, and she came into the vault to him, and she bid him get up, and she felt about his breeches, and said that the watch fell into the vault, and she felt again, and said it did not; and I saw her take his watch out of his breeches pocket, and she said she would take care of it for him, and she wrapped it up in paper.

Was Potter in liquor at the time? - Yes, he was.

What time of day might this be? - Between five and six in the evening.

Did they come into the house again? - Yes, and she staid half an hour, and she held the watch in her hand, wrapped up in paper.

Did she offer to give the watch to Potter? - No.

Why did not you tell him of it? - He was so much in liquor, it was to no purpose to tell him of it.

Did you go to the vault? - No, I looked through the kitchen where a pane was broke, and the vault door open.

She had the watch in her hand publickly? - Yes.

Was there a good many people there? - No, not many, there was a few.

Did you see her take the watch from the breeches, or was the watch dropped down, and she took it up? - No, my Lord, she took it out of the breeches.

Did the people that were there, see any thing of it? - No, they did not.

Why did not you tell some of the people of it? - I told my mistress of it.

Prisoner to Jane Ferguson . Did not the man go to the vault and pull off the man that was on the vault, and say he would sh - t in his lap, saving your presence, and I told him not to use the man ill for he was very much in liquor? - Yes, Sir, there was a soldier.

What did he go in for? - I did not see what he went in for.

Was he in the vault when this woman went in? - Yes.

Did you know this woman before? - Yes.

Did she use to come to your house? - Yes.

What pretty often? - Yes, the soldier and her went in together.

What was the soldier's name? - I cannot rightly say his name.

FRANCIS FLEMING sworn.

On Thursday the 10th of August the woman prisoner brought a silver watch to our shop in Tothil-street, Westminster, and asked for three shillings on it; I told her that I had no objection to it, provided she would tell me whose it was, for I knew it was not her's; she stood confused for two or three minutes, and then said, she would go and fetch the person who sent her with it.

Did she go away? - Yes, and in four or five minutes she returned with the prisoner; I knew the woman prisoner, and I had seen the man before; the man came and said it was his; I kept the watch; the man said, he had borrowed a shilling since, and did not want to pledge it, and I then delivered the watch to him; I thought he had a right to it; it was between ten and eleven; they both went away together.

ROBERT CLARKE sworn.

This is the watch the prosecutor swears to; I am a pawnbroker in Bridge-street, Westminster; that is about a quarter of a mile from Tothil-street; the man prisoner brought the watch to me and asked a half a guinea on it, on the 10th of August; I lent it him, and he left the watch.

Did he go away? - Yes, immediately; on the day after the constable came; this is the watch I received from the man prisoner.

Fleming. This is the same watch I received

from the woman prisoner, and which I delivered to the man.

Prosecutor. This is my watch; I have had it about a year; there is a circle round the inside case; the chain has been broke, and the seal has the impression of the free mason's arms on one side, and a man's head on the other.

How long has the chain been broke? - I believe two or three months.

(The watch shewn to the Jury.)

PRISONER HARWOOD'S DEFENCE.

I had been at Billingsgate; I went into a public house where the gentleman was; he asked me to drink, and he gave me a shilling to go to get something to eat; he drank there a considerable time; I went round with my oysters, and he asked me to drink; he pulled out his money all round the place; he had a half a crown, and half a guinea, and he changed the half guinea; I went round again with my oysters; he had eight penny worth of oysters and never paid me for them; he asked me to drink again; he went to the vault and set upon the vault, and this soldier followed him out; he dragged him out; he said, he would do what he had in his lap; he gave that little girl some silver; she was aside the soldier washing her pots; I went round again with my oysters; when I came round again at ten he was gone; I went to the vault, and I put my hand to feel whether it was dirty, and there lay the watch in the corner and the key.

PRISONER WETHERWICK'S DEFENCE.

I am a servant to John Housely ; on the 10th of August I went to the Wheatsheaf; the man credits me, and I pay him; this woman came after me; she said, she wanted to speak to me; I went to the corner of St. Giles's passage, and this woman came to me and told me she had found a watch, and the pawnbroker would not let have any thing without she had a man; I said, did you come b it honestly; she said, she pawned it, I gave her the half guinea.

The prisoner called one witness to his character.

ESTHER HARWOOD , GUILTY, But not privily .

To be transported for seven years .

JAMES WHETHERWICK , NOT GUILTY

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

Reference Number: t17860830-27

687. LYDIA BILLS and ELIZABETH COOPER were indicted for feloniously stealing, on the 19th day of July last, twenty-eight yards of canvas, value 15 s. the property of Edward Dudley .

EDWARD DUDLEY sworn.

I am a floor cloth manufacturer ; on the 20th of July in the morning about nine, I missed a piece of canvas out of a factory; I was not at home, and I was desired to attend the Rotation-office, in Mount-street, Grosvenor-square; the next morning I went there, and there I saw the piece of cloth; the prisoners were in custody, and the piece was with them; I know the prisoner Bills; she has worked for me; I had not seen her for two or three weeks before; I only employ her occasionally; her husband works for me now and did at that time; I believe she did not live with him at that time; I look upon him to be a very honest man: this kind of canvas is manufactured at Reading, in Berkshire; when it comes to me there is always my initials upon it, which are still in this piece, which are put by the manufacturer before they are sent; they are not worked in the piece, only stained upon it, E. D. when it comes in I make the factory debtor for a piece of cloth; when any part is cut off, credit is given for that part; this is the remaining part that agrees with the goods that were left; it makes up the full length; I should suppose, and really imagine it must be my piece, though the place was not broke open or any thing of that kind, how it was taken I do not particularly know.

DAVID COOK sworn.

I am the patrol; I took the prisoners a little before twelve on the 19th of July; the prisoner Cooper was carrying something; I saw them near Pimlico turnpike, going towards Buckingham-gate; it was covered; I went up and asked them what it was, they said, it was a child; I said, it was a large child; yes, replied Bills, I have known it these four years; so accordingly I said, I must look at that child, and I called to a watchman to fetch his light; then Cooper dropped down; I asked them what they had, they said, it was nothing; it turned out to be this piece of cloth; then they said, it was given to them at Chelsea, I asked them by what man; I asked them if it was one Mr. Davis, who I knew kept a shop there; they said, yes; then they did not know where he lived; then they said, a man gave it them, they did not know him.

Prisoners. We found the piece of cloth, we had been at hay making.

BOTH GUILTY.

They were humbly recommended to mercy .

Lydia Bills to be privately whipped , and confined twelve months in the House of Correction .

Elizabeth Cooper , to be privately whipped, and confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-28

688. ANN SMITH was indicted for feloniously stealing, on the 2d day of August , seven pair of flannel drawers, value 20 s. one cotton sopha cover, value 20 s. one cotton cover for a chair, value 6 d. the property of John Mucklow .

JOHN MUCKLOW sworn.

I live in James's-street, Hay-market ; on Wednesday the 2d of August, I lost six pair of drawers, and one pair that belongs to a gentleman that was left in my care; it was marked H. S. the property of General St. John; a cotton sopha cover, a cotton cover for a chair; I only speak to the property; I first missed the property between ten and eleven on that Wednesday; I saw the things again at Justice Hyde's office the same day; some of the drawers have my mark on them; I know the cotton sopha cover. (Produced and deposed to.) I know the cotton sopha cover by the stripe; I have no more; I know the cotton cover for the chair; I have only that one; I know it by being the same pattern of the sopha.

JOHN MAIR sworn.

I am a publican; on the 2d of August about nine, I was at breakfast with my wife in the bar; my bar window is facing Mr. Mucklow's door; I saw the prisoner and another lounging about before Mr. Mucklow's door, and this woman had something in her apron at that time; the other had a large cloak, and just as she came to Mr. Mucklow's door she took some loggs of wood out of her apron and gave to the other woman that had the large cloak; and I saw the prisoner go into the passage of the prosecutor and turned to the left; and I saw her return with her apron full of things; I run out into the prosecutor's house, and I called the maid; I followed the prisoner; she saw me coming after her in Little Suffolk-street; she went on as fast as she could; I overtook her just by the Orange coffee-house; I asked her what she had in her apron, she said, some linen she was going to wash; I asked her, who gave it her, she said, a woman; I brought her back to the prosecutor's back parlour; I made her open her apron, and there were all the things mentioned in the indictment; she began to cry; she said, I had got all, what would I have more; I told her, it was my duty to have her punished; there had been a very great fire at the house; the house is repairing; there is only one room that is inhabited by a servant of the prosecutor's, which he leaves in the house.

PRISONER's DEFENCE.

A woman asked me to go in for the things,

and I foolish woman did so; I hope gentleman you will have compassion on me.

Court to last witness. Did the prisoner mention another woman? - No.

GUILTY .

To be confined six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-29

689. WILLIAM MILLIAN was indicted for feloniously stealing, on the 15th day of August , one piece of Irish cloth, containing twenty-four yards, value 36 s. the property of Thomas Kilham , privily in his shop .

THOMAS KILHAM sworn.

I did not see the prisoner till he was brought back, and he said, when he came back not to prosecute him, and when I gave charge of him, he hoped I would consider him, as he had a wife and four children; I told him he should have considered of that, and let the piece of Irish linen alone; he was committed.

Did you see him take any thing? - No.

HUGH WILSON sworn.

I am shopman to the prosecutor; on Thursday the 15th of August the prisoner and two women came into our shop, and asked for some Irish cloth; they laid out one pound one, and eleven pence; there was a quantity of Irish lay on the counter, and the prisoner seemed to have one in his hand longer than I thought he should; I did not see him take it, but I saw him have his hand on a piece of Irish after that they bought the cloth; they paid the money; he took his hand away at the time I saw him; I did not see him take the piece; I saw it lay on the counter afterwards; but after they were gone out, not seeing the cloth I had a suspicion; I immediately ran after him and took him with the piece of cloth in Chiswell-street; he had the cloth in his apron; Mr. Kilham lives in the cloisters, and I immediately ran for him; he was not in the shop at that time; the piece of linen was brought back, it was Mr. Kilham's property; I know the mark of it.

What did the prisoner say? - I cannot recollect what he said when he was taken; when he was carried before the Alderman, he said, the apron was laying on the counter, and he was very much in liquor.

Was he in liquor? - Not to my knowledge; I did not perceive it.

JOHN NEGUS sworn.

I took charge of the prisoner; this linen was given to me.

(Deposed to.)

Wilson. I did not bring the linen back; I have it not in my possession; I detected the prisoner with it.

How do you know that is the same piece? - By the private mark.

But you did not look at the mark in the street? - No, but it had some dirt upon it I believe; I cannot say to any particular mark that there is upon it, any farther than that I am sure of it.

PRISONER's DEFENCE.

I went into this man's shop, with my wife and another woman; I was not so sober as I should be; we bought seventeen yards of white cloth, and seven yards of other; I took them up; I thought they were mine; if I had any intention to defraud this gentleman, I might have been out of his sight far enough before he took me.

Court to Wilson. Did the prisoner drop the piece? - I believe he did; I did not see it upon the ground; I did not pick it up.

Jury. When you seized the prisoner was there any struggle? - The prisoner made a wrench to get from me, and we both fell into the kennel, the other shopman came to my assistance and he took the cloth; the things he bought were all together, and he had that with this stolen parcel; he had both together.

Were they tied together? - They were not tied; the parcel that he had was tied.

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

Prosecutor. After I said to him he should have considered his family before he took the cloth, he said these words, that it was either his own foolishness or his folly in taking this cloth, and he deserved to be hanged for it.

GUILTY Of stealing, but not privately .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-30

690. THOMAS MARSHALL was indicted for feloniously stealing, on the 28th day July of last, twenty-eight pair of leather shoes, value 4 l. two other pair, value 2 s. four pair of women's leather shoes, value 7 s. thirteen pair of breeches, value 13 s. a pair of sheets, value 2 s. a canvas bag, value 1 d. the property of Samuel Showell .

A second count, For stealing the same goods, laying them to be the property of Richard Reeves , and others.

A third count, Laying them to be the property of Sir James Esdaile , Knt. and others.

A fourth count, For stealing the same, laying them to be the property of the parishioners of St. Luke's .

A fifth count, Laying them to be the property of persons unknown.

(The case opened by Mr. Silvester.)

(The witnesses examined apart.)

HUMPHRY HUGHES sworn.

I am a milk-man; I met the prisoner on the 28th of July last, between three and four in the morning with his sack on his back; I saw another man calling to him, what have you got in that sack; that was the watchman; his name is Harwood; the prisoner said, a few cabbages; then the watchman said, I want a few cabbages myself; then he turned his rattle, and the prisoner threw down the sack, and ran back towards the French hospital; I put down my pails and ran and met him; I caught him there just by the corner; he begged very hard to let him go; I brought him back and the sack to the watchman, the watchman put the sack on his back and brought it to his box, then another watchman came to assist him.

RICHARD HARWOOD sworn.

I saw two men, one went down the City road; I gave the prisoner the meeting who had the bag on his back; he said, he had some cabbages; I told him I was very fond of cabbages, I must have one; then he threw down the bag and ran towards my box, and the milk-man stopped him; when I came to the watch-house I examined what was in the bag; the beadle and officers examined the bag in my presence; there were a number of shoes of one sort and another, and thirteen pair of boys breeches, and one pair of sheets, and a purse; there was nothing in the purse; I gave them to Mr. Green.

JOHN GREEN sworn.

I am beadle of the parish; that is the bag that was brought in by Harwood; it contained these things; they are the same; I have had it ever since.

SAMUEL SHOWELL sworn.

I am the master of St. Luke's workhouse ; these things were in my store room before the 28th; I am certain to them; upon the examination I found some missing, on being informed of the robbery; I believe they must get in through the window; I found the window wide open and a ladder in the garden; I saw these things in the evening before; I have examined them all; I am sure of the property; I know the man's shoes by the maker's name which we contract with; his name is George Murray ; it is upon the shoes; I know the women's by the short straps,

which we always have for that purpose; other parishes may have short straps; I do not see the maker's name upon the women's shoes; I know them from the knowledge I had of them in the store room; I know the prisoner to be a pauper that had been in the house several times, and had lately been discharged there.

Court. Are you answerable for the things in it? - I do not know that, I am answerable for the value of them.

How are they delivered to you? - They are delivered to me by account; I am apprehensive I am answerable; they are laid in upon the parish expence; they are delivered to me and I am to produce them to deliver them out.

THOMAS PITTMAN sworn.

(Looks at the breeches.)

This is my make, here is my mark; I made them for Mr. Samuel Showell , master of the house, by his orders.

Prisoner. I have nobody to my character.

GUILTY .

To be transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-31

691. WILLIAM LARTER otherwise LARBOLD was indicted for feloniously stealing, on the 1st day of June last, five ounces weight of enamel, value 1 l. 5 s. two ounces and an half of other enamel, value 15 s. two ounces of other, value 15 s. two ounces of other, value 12 s. two ounces of other, value 10 s. one ounce of other, value 5 s. a china globe, value 10 s. the property of Richard Dovey .

Another count. Laying them to be the property of Richard Dovey and Samuel Gramshaw .

(The case opened by Mr. Silvester.)

RICHARD DOVEY sworn.

I live at No. 50, Bateman's-buildings, Soho ; I suspected the prisoner of taking two spoons; in consequence of which I went to his lodgings; I desired him to turn out the boxes; his wife opened one box, and the second, there was nothing there; I had a witness with me; the third box the wife went to open, I saw her drop some linen over something; the prisoner says, look here; no, says I, I shall look here; I said to the prisoner, you are a d - nd rascal, you have robbed me of some enamel; Sir, says he, I hope you will forgive me, it is the first offence; Sir, says I, I will not promise you that; says I, take them back; he took them under his arm, and coming down stairs, he put some through the bannisters to his wife; says I, you rascal, you are robbing me again; these are the enamels that were found in his possession.

Court. Open the enamels? - I have no knife. (Opens the enamels.) If you take my magnifier and take it at three inches: - here is a piece I have found in the prisoner's possession; I have another piece in my pocket that will match it; that will appear to any gentleman of judgement that that was one piece that flew from the other; this is the small piece which I have in my possession; when the enamel is poured upon a sheet of copper, and not properly cooled it will fly; I reckon myself a bit of a mechanic; and I know what can, or what cannot be done.

(Shewn to the Jury.)

Mr. Silvester. What is the value of that enamel, of all that you found there? - I value them at ten pounds; some I sell for a guinea, some for ten shillings, some for seven shillings, and some for five shillings per ounce.

How are these pieces used? - They are ground in an agate mortar, and then they melt it and put it on the gold; by twenty years practice I brought it to bear, to make ruby, and every colour; sometimes I have two guineas an ounce; here are a number of different colours; I dare say here are two hundred ounces in the parcel that

I found in his lodgings; I have a cabinet with fourscore drawers in it, and a bureau, and when I came to take his pocket book I found a drawing of this key. (The drawing produced by the officer.) And he took a copy of all my secrets or receipts which were kept in my cabinet, so that he must have been there for a long time, I am very happy to get it again, or else I should have been ruined.

You was pretty careful of the key? - Yes, I never let my wife have it though she is a gentlewoman.

(The drawing handed up.)

Court. This is a drawing that any workman might make a key; have you a partner? - Yes, he is concerned in the enamel.

Are these valuable, or might they be thrown away? - Some I do not put much value upon, that - that is of some value to be sure, which I sell at ten shillings an ounce; it gets red in the fire, like a ruby, and never loses its colour any more; now this is a remarkable thing, it appears to you to be blue, but when it is enamelled it is a fine purple red; it is made from gold, and struck into it in such a manner that when it comes to be put on gold it is a fine purple red; it is worth ten shillings an ounce; that I sell it for to workmen; the prisoner has numbered almost every paper here to correspond with the receipts in the book.

How long has this man lived with you? - About half a year; he ground the materials, charged the furnace, and poured it out when I knew it to be ready.

Mr. Garrow, Prisoner's Counsel. Mr. Dovey do not be angry with me because I am only going to say one word to you, and that is, another time when you come into a Court of Justice, do not presume that every man in it means to insult you; I should be very sorry to insult a man of your ingenuity.

Prisoner. My Lord, I leave it to my counsel.

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

GUILTY.

Transported for seven years .

He was humbly recommended to mercy by the Prosecutor .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-32

692. WILLIAM PETERS was indicted for feloniously stealing, on the 20th of March last, one wooden box value 6 d. three hundred and fifty yards of black lace, value 50 l. and five guineas, value 5 l. 5 s. and one half guinea, value 10 s. 6 d. and four half crown pieces, value 10 s. the property of Thomas Fenner .

(The case opened by Mr. Garrow.)

THOMAS FENNER sworn.

I keep a shop at West Wickham, in Buckingham; I deal a little in lace; I sold some to different shops; I was coming out of a shop by Red Lion street; I saw a man about forty yards before me on the payment walking gently on, when I came up to him, he said I am just come out of Yorkshire, we have had a great deal of snow, I dare say you have had as much in your country; I said much the same; I had my box in a pair of white wallets; no more conversation passed at that time; he was a little short old man; I went to the farther end almost of Great Queen-street, near Long Acre; I did not see him then; I saw something lay on the pavement, I thought it was a glove; I did not see any body drop it; when I came near enough to pick it up, I stooped down to pick it up, and the hand of a man came under my hand, and picked up this parcel; he said nothing at all to me, nor I to him, but picked up this parcel, and I turned myself round, and found it was the same old man that had spoke to me about the weather; I went on into a publick house

in Wild-street, and called for a pint of beer; and the same man came in, and called for a pint of beer, and he pulled out a paper, and asked me to read it, for he said he could not read; I took the parcel and looked into it, and I saw it was a bill and receipt for two hundred and fifty pounds for a diamond ring, bought in Cheapside of Mr. James; I paid for my pint of beer, and went out of the house leaving him in it; I then passed on to go to Covent Garden, to several places where I sell laces, and to several other shops; it was about three when I left him the first time; and between seven and eight in the evening (it was a very dark and cold night) I went into a house in Saint Giles's , and called for a pint of beer; the waiter I met in the passage, he asked me into a large room; before I set down, the same man that asked me about the weather, and picked up the parcel came in; the little short old man, which I suppose is Patch, as soon as ever he came in, he called for sixpenny worth of crank; then the prisoner and another man, whom I never saw before, came in and called the waiter for a pen and ink, and a sheet of writing paper, either the man at the bar, or the other stranger; the other man sat writing; and this prisoner says to the little short old man, I think as you have found a thing of that value, you ought to let that man have part.

Had there been any discourse about finding it? - None at all, the little man, which I think is Patch, said I will agree to let him have a hundred pounds; I will go to my banker's directly, I hope you will be here when I come back, I will not be long; he was not gone two minutes, and came in, and said his banker was not at home, his banker's clerk was; and he could not have the hundred pounds that night, but he would bring it the next morning at eleven o'clock; I then got up to pay for my pint of beer; my hands were very cold, and I took a canvas bag I had, and shook my money loose in the window; I had five guineas, one half guinea, four half crowns, and a sixpence; I took it out to look for a sixpence, because my hands were numbed; the prisoner, after I gave the waiter the sixpence, came up to me, between me and where my money lay, and asked me to sign my name to a piece of paper in two or three folds folded up, which I suppose was the same piece of paper; the other man had been writing; they were all three in the room; then the waiter went out after I paid him; I wanted to get my money to put into my bag; the man that sat writing, whipped up and shut the door; the prisoner stepped up to me, and asked me to sign my name to the paper, and I refused it; he directly took the pen from the other man, and insisted upon my signing it; he did not explain what the paper was; I did not know what to do; I wrote my name on the paper; I did not know what I wrote it to, nothing was read to me; then I got up to go out; the prisoner says to me, give that man your money that lays in the window; I answered no; he then says go and take it; accordingly the man that I took to be Patch took it; he came behind me, whipped up my box, and this man, and the other man came behind me, keeping me from following them; the man at the bar put his hand upon the back of the man that had the box, and bid him run off with the box; and the prisoner and Patch ran out together, the other man followed; I run to the window and took up my hat, and cried stop thief, but nobody came to my assistance; I lost sight of them; I put the parcel which I had in my hat, in my waistcoat pocket; I went to the Green Man and Still, where I lodge; I went to a friend that I deal with.

What became of the paper you signed? - They took it with them; when I got to my friends in Carnaby Street, I opened the parcel which was tied in three different knots, and I found this ring.

Did you give the ring to any body that is here? - No, I went to Justice Bond's at Bow-street, and gave a description, and the prisoner was taken some time after, about three weeks ago Mr. Lucas knows.

Did you at any time part with your goods on any occasion, either for a ring or any thing else? - No, Sir, I did not.

Did you consent either to their taking the box or the money? - No, I did not.

You are positive you did not give your box as security for your producing the ring, or any thing of that sort? - No, Sir, I did not.

Are you sure that the prisoner is the same man? - I am sure this is the man that pushed out Patch with the box, and bid him run off; I have never seen him before; I was with him a quarter of an hour; he was taken the 22d of July.

That was four months after; can you undertake to swear positively to the person of a stranger at four months distance of time? - Yes.

Mr. Peatt, Prisoner's Counsel. You was not willing to lose this purse? - No, Sir; I stooped to pick it up, but a hand interposed.

When you came into this cold room, where you wanted to warm your hands, where there was no fire, what made you stay? - I staid to drink my beer; I never said a word about his going to his banker's.

If the hundred pounds had come, you would have received it, would not you? - Yes, I believe I should.

Whereabouts did this box of your's stand, when the man was writing? - At the door; it stood close by my foot, and Patch far opposite me, the other two men sat opposite me.

You was not afraid of losing your box? - I was not careful enough at that time.

I seems the ring was of too much value to bring here? - I do not know the value of the ring.

Did it appear to you to be a very good ring? - I did not understand it.

What would you have thought it worth? - I thought nothing of it; I carried the ring to Justice Bond, and it was given to a man named Morris.

But what directions did you give him? - This Morris sent me a letter to come to the office in Bow-street; and I went to attend an appointment from a letter; there was a Mr. Morris; he took us to another house; there was a man that was to produce the property, not the man that took the things.

Mr. Garrow. Morris got the ring under pretence of getting your laces? - Morris is an attorney's clerk; he said to the man, I will draw up an agreement if you will sign it; we staid till near four o'clock, and the haberdasher persuaded me; accordingly my box was brought in, and I looked over it, and cast it up, and found it thirty pounds deficient, in case my laces were not cut; some of them appear to be cut; when I said there was a piece of nineteen yards wanting, then they brought me in nine pounds worth of lace more; then there wanted twenty pounds; I gave the ring up with that view, to have my property; I was to have received all my property; the paper I signed, was to say nothing about it, provided I got all my property within five pounds; the haberdasher advised me.

Was Morris acting for you, or for those that had your laces? - He was acting for the rogues.

Will your Lordship permit the name of Richard Morris to be called here in Court.

(Called but did not answer.)

Will your lordship permit me to have an order of Court for his a tendance.

Court. If it is subject of criminal enquiry, it must be made out, and there must be a warrant for taking him up? - The haberdasher said, the best way would be for me to employ an attorney; and the attorney came there by the desire of me and the haberdasher; the haberdasher carried me to the attorney, and Morris was his clerk.

You found at last, you had twenty pounds worth missing? - Yes.

Have you since seen any part of it that has been missing? - Yes.

Is it here to be produced? - Yes.

Court. I want to know a little more who this haberdasher is, and where he lives? - His name is Thomas Hattersley , in

Holborn; I have done business with him two or three years.

EDWARD LUCAS sworn.

I apprehended the prisoner along with his wife and four others, in Bell-court, Gray's-Inn Lane; that was on another information concerning a Scotchman's pack; I think it was the 22d of July.

Did you at that time know of the laces of this poor man? - I did, I had been a long time seeking the prisoner, and could not find him; I searched his wife and him, and I found some duplicates on her of the lace which has since been found.

Was the prisoner present? - He was; he did not say any thing about them.

Was any thing said when they were found in his presence? - I do not recollect that there was; there were several duplicates, and but two that belonged to this lace; I gave the duplicates to Pickering.

Court. I do not think you have brought them home, unless there was some recognition about them; being found on his wife is not sufficient.

WILLIAM PICKERING sworn.

I received two duplicates, and found a piece of lace at Westminster, seventeen yards and a half.

ROBERT CLARK sworn.

I am a servant to Mr. Wassell, a pawnbroker, in Bridge-street, Westminster; it is seventeen yards and a half; it was pledged by one John Price .

What sort of a man is he? - I cannot describe him; about six feet high, black hair, rather slim; I should know him, but I do not see him; it is not the prisoner.

Prosecutor. It is mine.

What is the value of it? - I gave two shillings a yard.

Another PAWNBROKER sworn.

I am a pawnbroker in Long-lane, Smithfield; I has this piece of lace, on Friday the 16th of June from a girl; I know the girl, she goes for a niece to Mrs. Peters; I never saw her and the prisoner together; I lent half a guinea upon it; there is about eight yards and a half of it.

(Deposed to.)

Pickering. It was by the directions of Mr. Peters, that I went to these places where I took the duplicates; I asked the prisoner whose they were; he told me some of them belonged near Westminster Abbey; I went to the corner of Parliament-street, and there I found seventeen yards and a half of lace, which the prisoner told me he had of Price; I asked the prisoner where some other of the tickets were, which have since been delivered to the wife; he said in the Borough.

Prisoner. I leave it all to my counsel; I am very hard of hearing.

The prisoner called two witnesses to his character, who said he was a journeyman shoe-maker ; and one of them said, that his wife had a stand in Rosemary-lane, and sold laces and ribbonds.

GUILTY .

To be transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-33

693. JAMES WOOD , THOMAS TANNER , and HENRY LENHAM , were indicted for burglariously and feloniously breaking and entering the dwelling house of William Taylor , about the hour of ten in the night, on the 25th of July last, and burglariously stealing therein, six silver tea spoons, value 15 s. a pair of silver tea tongs, value 13 s. three gold rings, value 31 s. a silver bracelet, set with dimonds, value 30 l. one bombazeen gown, value 1 l. three table cloths, value 12 s. a cotton counterpane, value 10 s. three pair of sheets, value 2 l. one gown, value 18 s. one cotton gown, value 18 s. five shirts, value 40 s. two dimity petticoats, value 20 s. a cloak, laced, value 40 s. a bonnet, value 8 s. two caps, value 7 s. three muslin caps, value 6 s. five aprons, value 10 s. two other aprons, value 4 s. two fine muslin

aprons, value 2 l. eight linen neck handkerchiefs, value 6 s. a gown unmade, value 4 s. twelve pair of cotton stockings, value 18 s. two pair of breeches, value 6 s. two waistcoats, value 1 l. the property of the said William Taylor , in the same dwelling house .

(The case opened by Mr. Silvester.)

(The witnesses examined apart, at the prisoners request.)

SARAH TAYLOR sworn.

I keep the Bell in Charles-court, Strand ; the three prisoners came into our house, and called for a pint of beer, on Tuesday night, the 25th of July, at ten o'clock; the prisoner Lenham drank out of the pint of beer, and went out as I thought; the other men sat full twenty minutes over a pint of beer; then they went to the street door, and I went over the way to get something for supper; and Wood says to Tanner, d - n my eyes and limbs what a while he stays; Wood had then a blue coat and a green apron on; and Tanner answered, this is the house, if he does not come presently, we will go; with that I went in, and desired the girl to go to the door, as I had a suspicion of them, for saying those words; the girl's name is Elizabeth Spicer ; she went and stopped about five minutes, then she came in and asked if a man was gone out with a bundle; I answered her no; she ran into the court; I went up stairs, and found my room door open, and my drawers all broke open, and my property all gone, which I left safe two hours before.

How was the door fastened? - I had locked it myself with my own key; I had my key in my pocket, but when I came up, it was open.

What did you lose? - I made a memorandum (repeats the things) my husband came home two hours after; when Tanner was taken up, he had a false arm on; he had but one arm at our house; his arm was taken off, and I swore to him positively; we have the arm; the prisoner Wood was taken the same night; and Tanner was taken that day week after; and Lenham last Friday se'night.

Are you sure of all the three prisoners? - Yes, I am sure.

Mr. Garrow, Prisoner Wood's Counsel.

Did you say at the Justice's, that you knew him to be the man, only that the man you saw had but one arm? - Yes.

Did you know Wood before? - No, he was full twenty minutes in the house, and I did not see him go up stairs at all.

It is very clear I suppose, that the person who robbed your room got in by the door? - Certainly, the windows were secure.

You are sure Wood was not up stairs? - I am not sure of any thing about it; the bar stands with the front facing the fire place; I only went to the cook's-shop the other side of the way; I only went to the door and ordered three-penny-worth of ham; it was almost instantly; they had been out at the door five or ten minutes before.

Did Wood say this loud? - Quite loud to the other; the expression was, d - n my eyes and limbs, what a while he stays; none of the things were found.

ELIZABETH SPICER sworn.

I was servant to Mrs. Taylor, in July last; I saw two men sitting drinking a pint of beer in the tap room, and they went outside the door; I know one of the men, James Wood ; he was in a blue coat, yellow buttons, and a green apron; they went outside the door, and my mistress came and desired me to go to the door, for she said she did not like the men at the door; and I went, I heard one of the men, who has one arm, say to Wood, his wife must love him very well to keep him so long; then I saw a man come through the passage with a large bundle before him; and I went into the bar, and asked my mistress, if there was a man in the tap room with a bundle; I did not know where he came from, or where he went to; it was not either of the men that was in the room; I told her I supposed the house was robbed;

and I followed them, they all three went up the court together; the man with the bundle went first; the man with the one arm went next, and then Wood; they walked as fast as they could; I ran after them, and the prisoner Wood stopped me at the bottom of the court, and said d - n your eyes where are you going? I said what is that to you; he said I was come to watch him; I told him I was not come to watch him, or any body else, I was going about my mistress's business; and he struck me over the left breast; a young man came up and caught hold of him, the others made their escape; the young man's name is James Stewart .

Mr. Garrow. Wood was walking up the court? - Yes, after the two men.

You always gave the same account? - Yes.

Are you sure you told the Justice all this? - Yes, I am sure I did.

Will you swear that? - The Justice's clerk said it was not necessary to put down so much; he said it was necessary to state the heads; his name was Fletcher.

Which was it, the thick one or the thin one? - I cannot say.

Do you mean to swear that the clerk told you it was unnecessary to say so much but only the heads; that was what you swore just now? - I did not swear; I said it.

Do you now mean to swear that the Justice's clerk told you it was not necessary to set down any thing but the heads? - I would not wish to swear it; I said every thing at Justice Hyde's, as I have said it now, but I cannot say to Litchfield-street; I will not swear that he said so.

Court. Did the Justice's clerk say any thing to you to that effect. - He did not question me, I was questioned at Justice Hyde's, but I cannot say he said them very words; I was going to tell the particulars of it; and he said as for that does not signify.

Mr. Garrow. Will you stand by that? - Yes, I will.

Will you swear that the Justice's clerk said that to you? - Yes, I will.

(The examination read.)

JAMES STEWART sworn.

I am a servant to Mr. Taylor; on the night of the robbery, I was in the house when the three men came in.

Do you know them again? - I know one of them.

Which is that? - Wood; some time after, one of them went out of the tap room; then after that I went to the door, and I saw three men come out, one of whom had a bundle.

What did you go out of the door for? - For the air; it was a very hot night; the maid was at the door, and she ran in and came out again in a great hurry, and ran down the court after them into the Strand; when I came up to her she was staggering, and I secured Wood; I am sure he was one of the men that was in the house.

Mr. Garrow. What distance was you from the door in the court when the man came out? - I suppose about three yards, or thereabouts; I had been standing in the court about eight or ten minutes.

Had you seen you mistress go to the cook's-shop? - No, I do not recollect it; I had seen none of the men; I was standing right before the window, with my back to the window.

Now, if any body else had been standing at the door and talking together do not you think you should have heard it? - I did not hear any body; the girl was standing there at the same time I was.

How long might she be standing there? - I do not know.

Did the girl when she ran in tell you what she ran in for? - No, she was on the opposite side of the court by the cook's shop.

I thought you said she was standing by you? - She stood beside me some time; she did not explain why she stood there; then she went to the opposite side in an instant, I saw three men come out, and the man with the bundle went first.

Did they run very hard up the court? No, they did not till they got clear of the door, then they ran pretty smartish; Wood was searched in the watch-house, and a pick-lock key was found upon him.

Court. Did you leave the three men in the tap room when you went out? - I left two men in the house.

Did not you see your mistress come out and go to the cook's shop? - No.

Did you see your mistress go out before you went into the court? - I do not recollect.

Which went out first, you or the girl? - I went out first I believe.

Jury. How far had the men got from the house before they ran? - I dare say they were over twenty yards before they made any great run; they walked pretty smartly, but did not run.

WILLIAM TAYLOR sworn.

I was not at home at the time.

JOHN SAYRE sworn.

I apprehended Tanner, and found upon him fourteen pick-lock keys; I tried them and this key opens the room door, and locked it again.

Mr. Garrow. That was after Wood was in custody.

THOMAS DALTON sworn.

I apprehended Lenham; he was very inquisitive to know the business; the next morning taking him up to the Justice's he complained of being hungry and dry, and I gave him some bread and cheese and beer; he asked me if it was Tanner's affair; and here is the arm that was taken off Tanner.

Sayre. He had a false arm when I took him; I thought it had been a real arm at first.

To Mr. Stewart. Did you see the arm? - Yes.

PRISONER LENHAM'S DEFENCE.

They took me out of an alehouse; they said, they wanted me; they kept me in the watch house all night; in the morning the gentleman gave me a pennyworth of beer and an halfpenny roll; I asked Blacketer, he said, if I tell you, it must be a secret, it is about Tanner and Wood's affair; the maid said, at the office, if I was the person I had a brown coat on, with white metal buttons; I know nothing of the affair; I do not know the house.

PRISONER TANNER'S DEFENCE.

They took me to Bow-street; and the woman, the maid, and the man too said, they did not know me, then I was taken to Justice Hyde's, and they said so there; I pulled off my arm, and then the woman said, she believed I was the person by my arm; the woman would swear to any man with one arm.

Prisoner Wood. I know nothing of the robbery.

Court to Taylor. What is the value of the things that are lost? - I suppose not less than fifty pounds; they did not leave me a second thing.

The prisoner Wood called four witnesses to his character.

JAMES WOOD , THOMAS TURNER , HENRY LENHAM ,

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-34

694. BOZE VENNER was indicted (together with FRANCIS HILL ) for feloniously stealing, on the 1st day of June last, twenty-one yards of callico, value 4 l. the property of John Ashby and John Philpot , being laid and placed and exposed to be whitened in a certain bleaching ground of theirs , against the statute.

(The case opened by Mr. Peatt.)

JOHN PHILPOT sworn.

I am a callico printer ; my partner's name is John Ashby ; I lost a quantity of callico from my bleaching grounds; on the 2d of June, at five in the morning, I went down the field as I generally do, and ordered up those goods that I wanted up first; I missed one of the pieces, in consequence of missing it, I enquired of my people;

three weeks after I lost three pieces more, and I applied to the public office; on losing the three pieces, I advertised the prisoner on this occasion; two or three days after I missed the first piece, I had occasion to take some of my women to go to the hay fields, and in consequence of some conversation I had some suspicion of the prisoner; I advertised him; then I went to Bow-street, and about a month ago, I saw the prisoner at Bow-street; the prisoner desired to speak to me, and he related to me how he took this piece away.

Did you threaten him or promise him? - By no means whatever, he sent for me voluntarily himself; he began relating the story where my piece was; he was very sorry, and that he would tell me of the others; he then told me, he had sold it to Mrs. Daly, a woman with one eye; I went to Mr. Bond the magistrate, and he said, if it would be of any service letting the prisoner go with us, as he had informed us it was somewhere in Rag-fair; we found it in the Minories.

Was there any of your property found in consequence of any information you had received? - There was no goods found in the house, but there was a gown found that was pledged.

Was that gown any part of the callico that was lost? - I am sure of that, for this reason, I can shew you the original pattern, whereby I distinguish it. (Produces the gown.) This piece and this piece only taken away, is the only piece in the world, I will venture to say, that is to be found in this state.

You will venture to say there is no piece of that pattern? - No, I will venture to say so; this gown is a part of the property I lost, I know that; the reason why I know it to be mine is this, this piece is without either green or blue in it, the original pattern is what we call chintz, which has both green and blue in it, and if that had been left with me then it would have had both green and blue in it; I first saw this gown at Bow-street; I saw it afterwards, only within this month.

Court. Was the confession reduced into writing? - Yes, it was, but he would not sign it himself, but Mr. Bond said, he would sign it, and send it here himself.

JACOB FREEMAN sworn.

I belong to the public office; I went down to Bow-street; I heard the prisoner was there; I found him there; I saw Mr. Philpot there; he said, he should be glad to speak to him; that was before he was examined by the Magistrate concerning this gown; I told the prosecutor; the prosecutor went to him; I was present; he said, I think it my duty to tell you all of your piece; the prisoner said, as I am a dead man if I should be cast for this, all I want of you is to save my life; says the prosecutor, I cannot say any thing to that; says he, if it turns out if you do tell me any thing that will save your life, I will; I went to the pawnbroker's and found this gown; I shewed it to the prosecutor; I went to search for the receiver, but could not find her.

Court. Before Mr. Philpot told him he would be of any service to him that he could in the other matter, what had Venner said; - He made use of an expression that he was very sorry he had robbed him; that was before Mr. Philpot had said, he would be of service to him, he said, Sir, I can inform you where your pieces are, you have lost out of your ground; that was before Mr. Philpot promised him.

JAMES CHARINEAUX sworn.

I am servant to Manby; this gown was pledged with us on the 22d of July by Mary Daly ; she is in custody as a receiver.

PRISONER's DEFENCE.

I was taken up to Bow-street office, and I sent to Mr. Philpot to speak to him; he put the question to me and said, that he thought I did rob his ground, and he said, if I would tell him, he would be a friend to me, after that I told him; he came down to the gaol, got my irons knocked off, and took me to East Smithfield; he

brought me back to the office in Bow-street, and they all made a collection; Mr. Philpot gave me a guinea, and promised that he would not prosecute me, and that he would withdraw his indictment.

GUILTY, Death.

Prosecutor. The trial is now all over in respect to this, and consequently it will not effect him; some time after I made him a promise of this, and I should be very happy if you would recommend him to mercy, for I should be very sorry to take away the life of a poor man.

Jury. The gentlemen wish to recommend him to mercy.

Court. Upon the recommendation of Jury, I shall certainly excercise that power which the act of parliament rests in me of respiting the prisoner, and change the sentence of death to transportation for fourteen years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-35

695. JOHN KEYS was indicted for feloniously breaking and entering the dwelling house of Richard Wood , on the 18th day of August , about four in the afternoon. no person being in the said dwelling house, and feloniously stealing therein, one cotton gown, value 10 s. a callimanco petticoat, value 10 s. his property .

MARY WOOD sworn.

My husband's name is Richard Wood ; I live in Shadwell ; on the 18th of August, I went out at a quarter past three; I left nobody at home; I locked the room door; there was a street door besides; we let part of the house out, and this was a room we kept to ourselves.

Were there not lodgers in the house? - Yes, but they were not at home when I went out.

How do you know that? - Here are witnesses to shew that none of them were at home; when I went out I left the street door open on account of the lodgers; I did not come back till the next morning; when I came home the next morning, I missed out of the top drawer a gown and petticoat; my door had been fastened by a neighbour; there were many other things in the drawer which were not taken; I know nothing of the robbery.

SUSANNAH GREENAWAY sworn.

I live next door; I went out and caught the prisoner with the petticoat upon him; it was between four and five in the afternoon; I followed him and cried stop thief; he took the petticoat from under his surtout coat and dropped it; I took the petticoat and went after him; I never lost sight of him till I took him.

Did you go to look at Wood's house? - Yes, but there was nobody in the house, the room door was open; I could not tell what was taken out of it; I saw nothing but the petticoat.

Prisoner. Did you see me go into the house? - No.

JACOB COOK sworn.

I saw this prisoner come out of Wood's house, and I saw him have a petticoat under his coat; there were two more men came out; then he gave a whistle to one; another man had a bundle under his jacket; I crossed two or three times to see what they were about; then he came out of the house, and I saw this lad stand at the door to watch.

Did this lad go into the house at all? - He stood at the door; I saw him come out of the door with the petticoat under his coat; the other two men run away; I saw the prisoner drop the petticoat by the side of a dray; I told Mrs. Greenaway directly, and she came out and went after him.

(The petticoat produced and deposed to.)

Prisoner. I know nothing of it; he swears as false as God is true; I leave it to the mercy of the Court; I have nobody

to my character to day, they were here yesterday.

GUILTY. Of breaking and entering the dwelling house, and stealing to the value of 4 s. 10 d.

Tried by the second Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17860830-36

696. WILLIAM TRAPSHAW was indicted for feloniously breaking and entering the dwelling house of James Linnell , between the hours of five and six in the forenoon of the 24th of August , Frances his wife being therein, and feloniously stealing therein, a linen gown, value 3 s. a cap, value 2 s. a lawn apron, value 2 s. a linen work bag, value 2 d. a piece of gauze, value 2 d. a pair of scissars, value 6 d. a silk bonnet, value 2 s. his property .

(The witnesses examined apart.)

JAMES LINNELL sworn.

I live in the Temple mews ; I went out about five in the morning on the 24th of August; I left all the lodgers in the house and my wife in bed; there was nobody up belonging to the house but me.

How many lodgers have you? - There are three families in the house; I returned back again after I had done my business in the yard, in about twenty minutes, and when I came back I found both doors open; we have the ground floor, and one room up one pair of stairs; I turned short at the parlour door, and I saw the prisoner standing upright in the parlour, with a bundle under his arm, and a white bonnet in his right hand.

Did you leave the door fast when you went out? - Yes, I pulled the outward door; it goes with a spring lock; I always shut it fast that I cannot open it myself; I am sure it was fast; I found the door open; I saw the prisoner in the parlour; he said, he wanted a hostler; the prisoner knocked me down, and got out; he was pursued and brought back.

FRANCES LINNELL sworn.

The bundle contained the things mentioned in the indictment.

Was the parlour door open or shut? - At half after twelve I locked it myself, and took the key up stairs; that door appeared to be opened by a chissel and a pick-lock key; it appeared as if the bolt of the lock had been forced back by somebody; the things were separate about the room; some in a chair, and some hung on the door of the cupboard; the bonnet was in the cupboard; it was mine; they were all found in the possession of the prisoner; the bonnet in his hand.

Who is the occupier of the house itself? We are all lodgers; it is let out in separate tenements; it is Lord Radnor's house.

Do you hold your apartment immediately under Lord Radnor? - Yes.

And the other other lodgers theirs? - Yes; I have the parlour and lodging room up one pair of stairs, and a garret; the things laid in the parlour; the outer door is common to all the lodgers; it always goes with a spring lock.

- REED sworn.

On the 24th of August, I was going to Guildhall to work, and coming through Fleet-street I saw the prisoner run out of the Temple mews, and afterwards the prosecutor called to me, saying to me, stop thief.

Was Linnell running after him? - Yes.

Did you stop him? - Yes.

Prisoner. He did not stop me? - I was close by him when he was stopped; Young stopped him; I never lost sight of him till he was stopped.

Had he any thing upon him when he was stopped? - He had a bit of gauze in his pocket; I saw that found, and two pick-lock keys, and a chissel he threw out of his pocket; I believe the constable has the gauze now.

JOHN DICKS sworn.

This parcel was delived to me before the sitting Alderman at Guildhall.

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

Reference Number: t17860830-36

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 30th of AUGUST, 1786, and the following Days;

Being the SEVENTH 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 VII. PART V.

LONDON:

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

MDCCLXXXVI.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of William Trapshaw .

Was the prosecutor present when they were delivered to you? - Yes.

Were the things that were delivered to the constable the same that was in the bundle of the prisoner? - Yes, here is the bit of gauze that was found in the prisoner's pocket.

Court to Prosecutor's wife. Where were these bits of gauze? - They were in the cupboard wrapped up.

Can you know these pieces at all? - I swore to them being my own.

What do you know them by? - I know them by my wrapping them up; I know them to be my own.

Can you know them that were not in the bundle? - I know I had a piece of gauze hung over the cupboard door.

Suppose the man had any other gauze before in his pocket, how would you know yours from that? - It would be impossible.

Were they such pieces as this that you lost? - They were, and I suppose them to have hung over the cupboard door.

Prisoner. In the first place, I was in Fleet-market, going to buy some fruit, for my daily labour, and a man came up to me in Fleet-market, and asked me to carry a letter into Fleet-street, and he would give me sixpence; the door was open; I asked for one Mr. Williams, a taylor; I went and knocked at the door, three men came out; I went in; I saw nobody in the room; I turned to come out, and the prosecutor came and knocked me down; he fell upon me; he let me go; then he called out stop thief; Mr. Young and Mr. Jackson are in the yard; the two men that followed me; nothing was found upon me but the two keys; I knocked at the door going in.

Court to Prosecutor. Is Young or Jackson here? - I do not know; Young never went to the Justice's with me, nor never came to Court with me.

Prisoner. He is a turner; he lives at No. 6, Stone-cutter-street; the prosecutor has been enquiring every day what reward he should get to hang me; and that gentleman told the people that if he did he would give it my wife for a present.

WILLIAM YOUNG sworn.

I stopped the prisoner; I saw him searched; there were two pick lock keys pulled out from underneath his hams, and a bit of

gauze was found upon him; I heard something drop, but whether he dropped it I cannot tell.

GUILTY, Death .

( Judgement respited till further orders .)

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-37

697. GEORGE WOOLFORD , JOHN BATT and WILLIAM WHITE were indicted for feloniously assaulting Abraham Dyson , on the 24th of August on the king's highway, at the parish of Hendon , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a watch, with the inside case made of base metal, and the outside case made of tortoiseshell, value 50 s. a steel chain, value 18 d. a steel seal, value 2 s. one guinea, value 1 l. 1 s. and thirteen shillings in monies numbered, his property .

ABRAHAM DYSON sworn.

On Thursday the 24th of August I was robbed about a quarter after eight in the evening between the five and six mile stone on the Edgware-road , coming towards town; I was in a coach; we saw a man pass the coach, and go behind the coach, and he turned round and called out to somebody; Mrs. Dyson, and Mr. and Mrs. Robins were in the coach with me; the man was on foot; he met the coach and passed it; after I observed that Mr. Robins set on that side of the coach and he put his head out of the coach window, and a man came up to the coach with a pistol in his hand; that was the opposite side to me; the coach was stopped, and I saw three men; the man that came up to the coach with a pistol first, opened the door and jumped into the coach, and bid us deliver our money and watches, or he would search us; another man came round on my side of the coach, and opened the door, with a pistol also, and the man that passed the coach he came up on that side of the coach where I was; I did not observe whether he was armed or not; I gave them a guinea, and I think about fourteen shillings in silver; that was to the first man that came up, that was on my side the coach, and Mrs. Dyson gave him her purse; he then felt about Mrs. Dyson's pocket to feel for a watch; then he came to me and asked me for my watch; I gave it to him, and told him it will be of very little service to you, but I must have it he said; it was a metal watch with a tortoiseshell case; the other man searched Mr. and Mrs. Robins, and robbed them, he took off Mrs. Robins's cloak; then he felt for Mrs. Dyson's cloak, but she happened to have a linen one on, and he did not take it; and he reached over then and asked us every one what we had lost, and we told him, then the man got out and they shut the door and went away.

Did any of them offer any violence to any of the parties in the coach? - No.

It was then dusk? - Yes.

Had you light enough to know any of these persons? - Not positively; I think I could tell Batt's person very well; I think he was the man that first passed the coach; I took notice of his size and his air; I did not see his face, but as to his person I think I could be positive; the man on my side had a handkerchief over the lower part of his face, so that I cannot know him for certainty, and the other I did not see that was the other side of the coach.

Was your watch ever found again? - Yes, the next day; a gentleman overtook us at Kilburn turnpike, that was Mr. Drake, the foreman of the grand jury; he asked us if we had been robbed; he took our description and went to Bow-street; and in consequence of that the watch was brought the Saturday morning; I did not see the watch till the next morning; it was then in the possession of Sayre; they sent to Mr. Robins and me, but we were both of us out; the three prisoners were then in custody.

Mr. Peatt, Prisoner Batt's Counsel. If I understand you right, you know nothing

of Batt but by the size of his person? - No.

Is not he a common size man? - Yes.

The person you suppose to be Batt, did not use any ill language? - No, he did not speak to us at all, and whether he had a pistol or not, I cannot tell.

JOHN ROBINS sworn.

Court. I need not trouble you to go through all the circumstances of the robbery, but do you know the persons of these men? - I cannot be positive to any one of them, but I believe the furthermost man; that is Woolford, is the man that was on my side; it was rather a cloudy night and rained; I had not sufficient sight of him to swear positively to his person; I lost about ten shillings, but I lost no watch; only a pocket book; that was not found; I lost nothing that had been found that is capable of being identified; I desired the man that had been in the coach some few minutes, to put up his pistol, which he did.

Then there was no particular sort of incivility or violence? - No violence or oaths, he put his hands in our pockets.

Mr. Peatt. It was half past eight, and cloudy and dark at this time of the year? - Yes.

MARY ROBINS sworn.

I was so frightened I did not look at the man I gave my purse to; there was very little money in it, and my cloak was taken some how or other; my cloak was found again; it was a black mode cloak, with a lace, and a pocket handkerchief; the handkerchief was found and the cloak; the purse and the money; the men were remarkably civil for thieves.

MARGARET DYSON sworn.

Do you know the persons of any of them? - No, my Lord; I had no money about me; I lost nothing that can be proved only a purse.

(The prisoners desired that the officers of justice might be examined separate.)

EDWARD LUCAS sworn.

Information came by the pawnbroker's servant to Sir Sampson Wright 's, when I was there; I do not know the servant's name; he is not here.

In consequence of that information what did you do? - Macmanus, myself, Sayre and Carpmeal went to the pawnbroker's in Holborn, and took these prisoners in custody.

What time was this? - It was between ten and eleven on the Friday, we put them in a coach, and took them to Sir Sampson's; I cannot speak to the property that Sayre found; I searched Batt, and I found a silver watch; I searched White, and I found this metal watch upon him, and this purse and seal, and this ribbon.

What watch is it, a gold watch, or a metal one? - It is a silver gilt one I think.

Did the prisoners say any thing material on their examination? - Yes, Batt did.

What did he say? - He owned to the robbery.

Was any promise made to them of favour, if they told the truth? - No, my Lord, none at all.

Prisoner Batt. Yes, there was, my Lord, by the clerk.

Was Lucas present? - No, my Lord.

Who was present? - Nobody but me and him; I was very much in liquor, I did not know what I said.

Court to Lucas. Was this man in liquor when he was examined? - He did not appear to be in liquor; after he had been examined before Sir Sampson, and had confessed the robberies, he was alone with the clerk.

Was he alone with the clerk before that? - No, he was not.

Was what he confessed, reduced into writing? - Yes, it was, I witnessed it, and I believe I saw him sign it.

Endeavour to recollect yourself, whether any thing was said by any person to induce him to make this confession? - No, Sir, there was not.

The confession handed up to the Court.

Court. Look at that, is that your handwriting? - Yes, it is; I saw the prisoner

and the magistrate sign it; it was made apparently to me without any condition.

Mr. Peatt. Was you standing by Batt, close to him the whole time? - Yes, I was close to him all the time.

Did you see any body speak to him during the time? - Upon my word I did not.

(The confession read.)

"Middlesex, to wit. - This confessant

"well knows White and Woolford; and

"on Sunday evening, they with this exminant,

"stopped two men, near nine,

"at Tooting, and robbed them; they robbed

"a man and woman on foot, on the

"Merton road; on Tuesday night, they

"robbed two men in a single horse chaise,

"of about seventeen shillings and sixpence;

"they soon after robbed two gentlemen in

"another chaise, of about fifty shillings,

"or three pounds in money: the said

"White, Woolford, and this examinant

"then crossed the Uxbridge road, and robbed

"a post chaise boy; then robbed a

"waggoner of four shillings; about a

"quarter of an hour after, robbed a labouring

"man of two pence; stopped at the

"Bull, Brentford, and had some beer, and

"a glass of spirits each; that they stopped

"two gentlemen and two ladies, and robbed

"them of a metal watch, a black silk

"laced cloak, and two purses; and further

"faith, that the three pistols now

"produced, and found at the lodgings of

" William White , in Crown-court Butcher

"Row, are the pistols that they

"used; further faith, that they laid down

"under an hedge till four; then they

"came to Mr. Masters, for the purpose of

"selling or pawning one of the watches,

"where they were apprehended. Signed,

" John Batt , taken before Sir Sampson

"Wright."

Court to Lucas. Was you present at this examination? - Yes.

Are you sure that the prisoner was not examined in private by the clerk before this? - No.

What is your clerk's name now? - Fronsham.

Was the other prisoners present at the time? - No, they were not; the prisoner Batt seemed to be very desirous of opening his mind.

Was you out of the room at any time prior to Batt's confession? - No, I was in the room all the time.

Was you out before he signed that confession? - No, I was not out the whole time; I was out afterwards, not before.

Can you take upon yourself clearly to recollect that? - Yes; the watches do not belong to these people.

Mr. Dyson. This is my seal, and this is my cypher.

Mrs. Dyson. This is my purse; I have no doubt of this being my seal.

Lucas. This seal and purse were found on White.

Court to Mrs. Dyson. By what do you know this purse, Mrs. Dyson? - I never saw one like it before nor since.

To Lucas. Was this one of the purses that was produced before the Justice? - It was.

Are you sure of that? - I am; and this duplicate was found in the waistcoat pocket of White; I believe it is a duplicate of a gown.

Did you go to search for what it referred to? - No, I did not.

Mr. Peatt to Dyson. This is the common size of the steel seals? - Yes.

Your initials are exceeding common ones? - Yes.

Court. Had you it cut for you, or did you buy it? - I bought it ready cut in Exeter-change; I looked several times for one.

Had you observed the cut and finish of it, so as to know it again? - I had.

NATHANIEL CHANDLER sworn.

On Friday morning last, the 25th, about ten, the three prisoners came to our shop; I am a pawnbroker in Holborn; I live with my father in law, his name is William

Masters ; I do not whether they came in together; I was in the parlour; but I saw them in the shop; our shopman came to me in the parlour, and brought me a watch, which is not the watch mentioned in the indictment; and I looked at the Publick Advertiser; I went into the shop to the prisoner; when I came into the shop, the three prisoners were standing at the counter, and they offered a watch to pledge; they offered nothing else at that time; I suspected the watch to be stolen; and immediately sent to the publick office, and the officers came, and they were searched in the shop; Lucas was the first person that came into the shop, and he immediately searched White, and I believe he searched Batt; he took two or three watches from them, but I cannot particularly say from which; I cannot say whether he found any thing else; I believe there was a purse found on one of them, but I cannot say which; there were other things taken; I did not observe particularly.

JOHN SAYRE sworn.

On Friday last in the forenoon, there came information to Bow-street; I apprehended the prisoners, and searched the prisoner Woolford; I found upon him this watch, a metal watch, and tortoiseshell case; this purse, a dollar, a crooked shilling, and ten-pence all but a farthing; I did not search any of the other prisoners; we took Batt in a coach, and he shewed us the lodgings of White.

Did you ever know from White, that that was his lodgings? - No, I believe the landlord is here that let him them; there we found his pistol, and these eight balls upon the top of the bed; nothing else that is mentioned in this indictment.

Were you present at the whole of Batt's examination? - At part of it, not the whole.

Was you present at the first? - Yes.

What induced Batt to make so full a discovery? - I cannot say.

Was there any expectation given him, that upon a full discovery he would be admitted an evidence, or have favour shewn him? - None that I heard.

Have you any reason to believe any such thing was said? - No, none.

Mr. Dyson. This is my watch, I know the case and the chain very well; here are two links I have of the chain, I had shortened it; I knew the maker's name before I lost the watch; his name was Richard Jackson , the number I do not recollect; upon the whole, I have no doubt but this is my watch.

(The purse that was found on Woolford was shewn to Mrs. Robins.)

Mrs. Robins. It is certainly my purse; I have had it between one and two years; I am quite sure there was only a dollar and French crown in it; I cannot swear to the dollar.

Sayre. The prisoner had the dollar in his pocket not in the purse, when he was taken.

THOMAS CARPMEAL sworn.

I searched Batt; Lucas had taken a watch from him before; I found two leaden bullets, and some gunpowder in his waistcoat pocket, and nothing else; the things that I have, I found in the lodging that was said to be White's; they are nothing relating to this indictment; there was two pistols both loaded, one with three balls, the other with two.

Was you present when Batt was first examined? - I was.

Do you know what it was led him to make so full a discovery? - I do not know any thing particular; he went with us, and told us where White lodged.

Had not he some expectation of being admitted an evidence? - No my Lord; this cloak was found in White's lodgings.

(Deposed to by Mrs. Robins.)

Mrs. Robins. I made it myself, and the lace round the neck is different from that of the cloak; I am perfectly convinced of this being my cloak.

Mr. Peatt. I believe the lace round the neck of a cloak is generally worse than the other? - I do it to save expence.

Carpmeal. I believe Batt said he had been drawn in by the other men, but they were not present; there was a woman taken up that lived with White, and she was so ill, that Sir Sampson let her go.

PATRICK MACMANUS sworn.

I searched the prisoner Woolford, and found this handkerchief in his pocket.

(The handkerchief deposed to by Mrs. Robins.)

Mrs. Robins. It is my handkerchief; it is not marked at all, only with a figure at each of the corners; I have two in my pocket of the same; I know it by being of the same pattern.

JOHN TIBBONS sworn.

I live in Crown-court, Butcher Row, Temple-bar; the prisoner White lodged with me one week.

Were you at home when the officers came there? - No, my wife fetched me home; I saw them there.

Was the room that they searched White's room? - Yes.

You are sure of that? - Yes.

Did you ever see any of the other prisoners there? - No.

Mr. Peatt to Mr. Dyson. Was you present when Batt signed his confession at Sir Sampson's? - I was not.

Did you at any time before he signed that confession see Batt? - I saw him at the outer office desk by the clerk.

That was previous to his signing the confession? - I think it was.

Did any conversation pass between you and White? - Yes.

Do you recollect speaking to him? - Yes; the only thing that I said was he sat there, and I saw his face look a little rough, for a gentlemen knocked one of them down, I said you are the person that was knocked down; that is all.

To Mr. Robins. Did you see the prisoner Batt at any time before he signed his confession? - I saw him at Bow-street at three o'clock standing with the clerk; I did not speak to him.

Did your lady, or any other person to your knowledge, or by your direction. - No, Sir.

Prisoner Woolford. I have nothing to say.

Prisoner White. I have nothing at all to say.

PRISONER BATT'S DEFENCE.

When I was in the office with them, the clerk told me, if you will tell all you know, you will be admitted an evidence.

HENRY JAMES sworn.

I am a master baker in Leadenhall-market; I have known Batt, he lived servant with my brother six months or better; he left him only a fortnight yesterday; he behaved well; he really is a good character.

What profession is he? - He is a carter.

VALENTINE DICKINSON sworn.

I am a victualler; I have known the prisoner two years; he lodged at my house about nine months; he behaved extremely well; I always looked upon him to be a very just honest man; I have several times entrusted him with twenty or thirty pounds to take up bills; he always discharged it; I would trust him again; when I first knew him, he was a gentleman's servant.

JOHN HIGGINSON sworn.

I am a blacksmith; have known him these dozen years, not lately; he bore a very good character when I knew him.

ELIZABETH JAMES sworn.

I am wife of Mr. James; the prisoner lived servant to us as carter to look after the horses.

What is Mr. James? - A brandy merchant; he left us yesterday fornight; Mr. James went down to the North, that was the occasion of his discharge; I would entrust him to morrow, and I dare say Mr. James would when he went away; Mr. James paid him fourteen or fifteen shillings more than his due, and told him

when he came to town, he would employ him again.

The Prisoner Woolford called one witness to his character.

Prisoner White. I could not send to any of my friends.

GEOGRE WOOLFORD , JOHN BATT , WILLIAM WHITE ,

GUILTY , Death .

The prisoner Batt was humbly recommended to mercy by the Jury .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-38

698. GEORGE SMITH was indicted for feloniously stealing, on the 9th day of August , one black gelding, price 4 l. the property of John George .

JOHN GEORGE sworn.

I live at St. Alban's ; I lost a horse the 9th of August; I missed him early in the morning; he was a black horse, and was in a little field; I saw him about four in the afternoon; I heard of him again the Friday following; he was in London; I was coming to Smithfield; I heard in St. John's street that he was at Mr. Paris's, in Hockley in the Hole; there I found him, it was my horse, I bought him about five weeks before in Smithfield; he had a star in his forehead, and a snip on his nose, a short cut docked tail, a long mane, no white feet.

THOMAS PARIS sworn.

I am a horse dealer; my man was coming along by the Sessions-house, and he brought the prisoner and the horse to my house about nine on the 9th of August; my man and the prisoner had agreed for a guinea if he could find a person to prove that it was honestly come by; when I saw it, I did not approve of it; I thought it was worth a great deal more money, and not honestly come by; the prisoner said, he could prove it was honestly come by, by Mr. Aldridge, in St. John's-street; I said, I did not desire a better man; then he said, he would go into St. John's-street, and seemed to equivocate; so I took him before Justice Blackborow; the prisoner said, he brought it from Hadley, and I sent my man down, and there was no such person as he mentioned; the Justice committed him, and I advertised the horse according to the Justice's orders.

Was that the same horse that was afterwards found at your house by Mr. George? - Yes; he had a small star on his forehead, and a little slip on his nose, a short dock tail, about fourteen hands high.

GEORGE BAKER sworn.

I met the prisoner between ten and eleven in the morning of the 9th of August with a horse; I asked him if he was for sale, he said, yes; he was leading him in a halter; I asked him the price of it, he told me a guinea and an half; but he said, it would not do for me, he said, it had the running reins, by which I afterwards understood a glandered horse; I told him for that reason it would do for me, because we bought such to kill; my master is a licensed dealer in horses, and a boiler; I agreed to give him a guinea for him; I found when I examined him after the agreement, that he was worth more, worth three or four, and I told the prisoner so, and I did not think he acted honestly; I told my master, and he took him before Mr. Blackborow.

Prisoner. This Baker is a man of an indifferent character, as far as I understand, I am not the first that he has sworn their lives away; I am as innocent of the stealing of the horse, as a child unborn.

How did you come by it? - I have no friend, nor no money; the horse was brought to me by one William Smith ; he employed me to sell it; he is a pig driver, he lived at Hadley, near to Barnet; and this man says, he sent after him, and could not find him.

GUILTY, Death .

Court. Now, if you can make it appear, that there is any truth in this, by application to the King, if you can prove how you came by it, your life may be saved still;

but any false attempt of that kind, will only render your fate more certain.

He was humbly recommended to mercy by the Prosecutor .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-39

699. JOSEPH PIGGIN was indicted for feloniously stealing, on the 12th day of August , one cotton counterpane, value 3 s. the property of Thomas Harris .

SARAH HARRIS sworn.

I am wife of Thomas Harris ; I live in St. George's parish ; on Saturday was three weeks, I was robbed or a counterpane and a pair of sheets off my bed; I saw them about six in the afternoon.

ROBERT DAWSON sworn.

I took the prisoner with the things in his apron. (Deposed to.) The officer asked him what he had in his apron, he said, a shirt and a pair of stockings, but when the things were discovered, he said, he found them.

Court to Prosecutrix. Was the door locked? - Yes; the window looks into Wapping church-yard; it is about eight or ten feet from the ground, but there was a rain spoo just by the door, and there are holdfasts in the wall, just like a step ladder that any person might very easily climb to that window; I cannot say whether the window was open.

Prisoner. I picked up this counterpane in a leather apron; I told the gentleman I was going to my mother for a shirt and a pair of stockings.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-40

700. NICHOLAS DEADROSS was indicted for feloniously stealing, on the 23d day of July last, forty pounds weight of lead, value 5 s. and five iron stove bars, value 2 s. belonging to Gedeliah Gatfield , affixed to a certain building of his called a hot-house .

JOHN FRAZIER sworn.

On the 23d of July, I left the prosecutor's premises between seven and eight in the evening; I am a gardener; he lives at Epping ; on Sunday morning, between five and six, I found a piece of lead belonging to a hot-house was torn away, and there is a waste pipe to convey the water into the well, I saw that was gone; I went round to the back part of the hot-house, and there was a little shed, which I keep things in for the use of the hot-house fire, and there were five or six of the iron bars taken away, and a hand-saw that hung up in the green house; the lead and the hand-saw were found, and are in Court now.

WILLIAM BATT sworn.

I compared the lead, all the nail holes answered, there is not the least doubt.

PETER BONDSEY sworn.

I am a watchman; on the 24th of July, in the morning, I saw the prisoner and two more men near Bethnal-green, then we came up to them and insisted upon knowing what they had; he had something in his apron on his head; he chucked it down; I took it to the watch-house.

Prisoner. I work for a gentleman upon Epping-forest, and I found the lead going to market.

Bondsey. I saw the other man fling the saw away.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-41

701. SARAH CAREY and CHARLOTTE MASON were indicted for feloniously stealing, on the 25th day of August , one cloth coat, value 4 s. a waistcoat, value 2 s. a pair of leather breeches, value 10 s. a pair of silk hose, value 6 d. a hat,

value 6 d. one leather shoe, value 6 d. and one metal shoe buckle plated with silver, value 2 d. the property of John Dennis :

And MARY BADMAN was indicted for feloniously receiving one pair of leather breeches, part of the said goods, knowing them to be stolen .

JOHN DENNIS sworn.

I am a footman out of place; on the 25th day of August, between eight and nine, I lost the things mentioned in the indictment; I asked for a lodging in Parker's-lane of Sarah Carey ; the other young woman, Charlotte Mason , was with her; the things were all in the room; I laid them by the side of the bed, and went to bed between eight and nine; one of the women lighted me up, and the other woman was in the room; neither of them went to bed with me; I was quite sober; I missed the things about an hour after; I saw the jacket and waistcoat taken out between ten and eleven, and two shoes and buckles, one of the shoes dropped against the door; the silk stockings were afterwards found on Carey, and the cloth waistcoat; I did not see her take the breeches; I did not see Mason take any thing; nothing was found on her; I had no conversation with either of them, but asking them for lodgings; they were in several times after they had taken the jacket and waistcoat; Carey and Mason were carried to the watch-house.

(The things produced and deposed to.)

DANIEL MALONEY sworn.

I took the prisoners to the watch-house; I searched the prisoner Carey; I found upon her a duplicate for a pair of breeches and a pair of silk stockings; in the room that Mason lodged I found this hat and waistcoat, and one shoe and one buckle; she loged in Dyot-street, about half a mile from the other prisoner.

RICHARD WILLIAMSON sworn.

On Friday the 25th of August the prisoner Badman brought these breeches to pawn; she pawned them for seven shillings; they were worth about twelve shillings; I have often seen her, she said, she came from Mrs. M'Gee, and the duplicate was in that name.

PRISONER CAREY'S DEFENCE.

I did not come home till eleven that night; as I was coming home, I trod upon something soft, and it was this stocking and a duplicate, and the watchman took me up; I never saw the prosecutor till I saw him in the watch-house.

PRISONER MASON'S DEFENCE.

I went to lodge with the woman who brought the things with her, and laid them down on the table and went away.

PRISONER BADMAN'S DEFENCE.

I was sitting at my own door, and a woman asked me to pawn these breeches for her, and she would give me sixpence; she said, I must put them in, in the name of M'Gee; I gave her the duplicate and the money; she gave me a sixpence; I did not know her.

SARAH CAREY , CHARLOTTE MASON ,

GUILTY, 10 d.

Each to be privately whipped , and confined twelve months in the House of Correction .

MARY BADMAN , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-42

702. GEORGE GIBBS was indicted for feloniously stealing, on the 31st day of July last, one card, containing nine yards of black silk lace, value 12 s. the property of Elizabeth Hammond and Esther Wilson , privily in their shop .

ELIZABETH HAMMOND sworn.

My partner's name is Esther Wilson ; I know the prisoner very well; I saw him in my shop the 31st of July, between twelve and one, taking a piece of ribbon out of the window; I asked him what he was going to do with it he said; he said, he wanted some shirt neck buttons; I said, you rather

wanted a piece of ribbon, and as I came nigh to the window I missed a card of lace; it had lain in the window; I called my partner and shut the shop door, and told him to deliver the card of lace up; he denied having it, he went out and was pursued and brought back in three quarters of an hour; I am sure he is the same person; the lace was delivered to me by Milner; I have had it ever since.

(Deposed to.)

ELIZABETH CORRAL sworn.

I live better than half a mile off the prosecutrix; I heard the cry of stop thief, and I looked out of my door, and this card of lace was tossed into the entry by the prisoner, I saw him take it out of his bosom and toss it into my entry; my husband stopped him.

JOHN MILNER sworn.

Confirmed the above.

Prisoner. I went in to buy a card of lace, I pulled off my coat, and let her search all about me to convince her I had it not about me; I ran out of the shop for fear of being sent to gaol.

GUILTY of stealing, but not privately .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-43

703. SUSANNAH TRIPPET was indicted for feloniously stealing, on the 29th day of August , one metal watch, value 4 l. a key, value 6 d. a steel chain, value 1 d. the property of Michael Sargeant , privily from his person .

MICHAEL SARGEANT sworn.

I was going home to my house between two and three in the morning; and in St. Margaret's church-yard , there were three men and a woman at a distance, when I came up the men separated from her, and the woman stood still; she asked me some questions that women generally do, my dear are you going home without a sweetheart, well, but I have something to say to you; I was obedient enough to listen to her; but I have something to tell you, says I, there is no place up; I do not think it necessary that you should drink; we passed through the church-yard, the three men were near, she unbuttoned my breeches, and my watch chain was very long, and I was affraid she might have made too free with my watch; hussey, says I, I believe I might make free with her, I believe I might call her, you W; I called the watch; I found my watch was gone; I thought I perceived her take it; she called two men, one man made near me; I caught hold of her; the watchman was crying the hour; the man made up, and made a long arm, and I saw her reach him my watch; it was not a very dark night; I took her into custody.

JOHN ELLIOT sworn.

I am a watchman; I took charge of the prisoner.

PRISONER's DEFENCE.

The gentleman was very much in liquor and began pulling me about; I called for assistance; he struck me in the ribs several times, and said, where is my watch?

GUILTY of stealing, but not privately .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-44

704. MARY JACKSON was indicted for feloniously stealing, on the 1st day of August , five shillings, and one shilling , the property of John Holloway .

JOHN HOLLOWAY sworn.

I spent the evening at a gentleman's house; I was shut out of my lodgings; the prisoner asked me to drink; I gave her five farthings; she wanted me to go to a house; I went with her, and I dropped to sleep and the landlady waked me, and I found my pockets turned inside out, and my money gone; the watchman brought the prisoner back with my handkerchief upon her, and the money was taken out of her pocket.

JOHN BRAD sworn.

I took the prisoner into custody, and coming along, I asked her how she came to rob the gentleman of so much money, says she, it is false, I only took seven shillings out of his pocket, and the offered me two shillings to let her go; I brought her to the watch-house.

ROBERT BIBB sworn.

I saw her searched; the prosecutor described one shilling which was found upon her, and it answered the description.

Prisoner. He gave me the bad shilling and the handkerchief.

GUILTY, 10 d.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-45

705. JOHN WILLIAMS was indicted for feloniously stealing, on the 17th day of August , six pounds weight of bacon, value 3 s. the property of John Hartshorne .

GUILTY, 10 d.

To be privately whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-46

706. WILLIAM BROWN was indicted for feloniously stealing, on the 1st day of September , one half guinea, value 10 s. 6 d. and ten shillings and sixpence in monies numbered , the property of William Miller .

WILLIAM MILLER sworn.

The prisoner ordered a pot of beer and change for a guinea; I took them to the hospital, and the prisoner snatched the pot of beer out of a stand it was in, and the change of the guinea out of my hand; he sat down the pot of beer; I never saw the prisoner before; I lost sight of the prisoner and found him in Mr. Tattersall's yard, covered over with litter in one of the stables.

Are you sure it is the same man? - I am positive.

Prisoner. When they took me, they told me, if I would resign up my money, I should go about my business.

WILLIAM KEMP sworn.

I took the prisoner in the stable; I saw five sixpences, half a guinea, and eight shillings, which tumbled out of his coat sleeve.

PRISONER DEFENCE.

They know very well, when they took me, I told them I had been a man that had lived well, and had been out of business, and had a sick wife, and was in great distress, that made me do it; and Mr. Bond desired I might be recommended; it is the first offence that ever I was guilty of; my uncle keeps the Bear at the Devises; his name is William Hockam ; I was brought up to the jewellery business; I kept an inn upon the Warminster-road, and failed; I kept a public house in town; I have been out of business a long time; I have really walked many and many a day with a pennyworth of bread, and spoke to a gentleman to relieve me; my poor wife was almost dying; I have a wife and a daughter; my wife lodges in Whitechapel, at one Mrs. Day's; her husband was an attorney, but he is dead; I really would suffer my right hand to be cut off before I would do such a thing; I was only brought in on the Saturday, or else I fancy I should have had many creditable friends to speak on my behalf.

GUILTY.

Recommended by the Jury .

Sentence respited .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-47

707. WILLIAM LEWIN was indicted for feloniously stealing, on the 8th day of August , twenty-five live geese, value 25 s. the property of William Richardson .

WILLIAM RICHARDSON sworn.

I live at Golder's-green, near Hendon ; I lost twenty-five geese, on Monday the 7th of August, about three in the afternoon; they were on the Common; I saw two men driving a flock of geese, we ran after them, and as I ran down by the side of the wood, I thought I saw something in the wood, and a man brought one of the persons, who was admitted an evidence, and the prisoner was brought back by James Painter .

JAMES PAINTER sworn.

I saw the evidence driving some geese; the prisoner was crawling on his hands and knees the other side of the field, as much as five or six hundred yards.

How could you see him at that distance? - It was at the side of the hill; they were both together when I saw them first; I saw the prisoner afterwards with the evidence driving the geese.

John Stopps and Anthony Haslett confirmed the above.

WILLIAM BUCKLAND sworn.

The prisoner and me were driving the geese across the field; he did not say where they were to be driven to; he told me to drive them; I cry earthen ware about; I lodged with the prisoner; he asked me to go in the country with him, so he saw these geese and he began driving them.

Prisoner. I was coming to market; I never meddled with the geese.

GUILTY .

Privately whipped , and confined six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-48

708. ESTHER EWEN was indicted for feloniously stealing, on the 26th day of July last, seven shillings and sixpence, in monies numbered , the property of John Reynolds .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-49

709. ANN SMITH was indicted for feloniously stealing, on the 25th day of August , one pewter pint pot, value 6 d. the property of John Dodson .

JOHN DODSON sworn.

I live in Bishopsgate-street ; I lost a pint pot; the prisoner was in my house on Friday the 25th of August, she called for a pennyworth of beer, then she wanted cyder; she went away; she appeared to be very much in liquor; I did not miss the pot till I was sent for to another house.

WALTER PROSSER sworn.

The pot that Mr. Green gave to me is the same I shewed to Mr. Dodson; it has been in my possession ever since.

JOHN GREEN sworn.

I found all these pots in a market basket, with the prisoner at the bar, under an old coloured apron.

(Produced and deposed to.)

Prisoner. A woman asked me to carry the basket.

GEORGE PONTIN sworn.

I am a baker; between twelve and one, I was coming up Bishopsgate-street, this woman lay under a window, by the sign of the White Horse, with a basket under her arm, with a cloak over it; the basket was in her possession under her cloak.

GUILTY .

Court. Has not the prisoner been here several times before? - Yes, several times before.

Court. The practice of stealing pots is grown to a great extent, and the publicans sustain very heavy losses; I have therefore long thought it would be right to set some example of severity in the punishment, in order to deter others from going on at that rate, and there cannot be a better time to set that example, than when we have an old offender before us; therefore the sentence of the Court upon you is, that you be

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-50

710. JOHN SKEGGS was indicted for feloniously stealing, on the 22d day of August , two printed books bound in leather, value 3 s. the property of Thomas King .

The prisoner was taken with the books upon him.

GUILTY .

To be whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-51

711. CHARLES CROWLEY and JOHN WELCH were indicted for feloniously stealing, on the 25th day of July last, one pair of men's leather shoes, value 4 s. the property of Richard Day .

Miss DAY sworn.

I am the prosecutor's daughter; on Tuesday about nine in the morning, the two prisoners came into the shop; they did not come in together; Crowley asked for a pair of shoes; he tried them on, and went out of the shop; he came in again, and asked me to let him look at them again; they both went out of the shop together; Crowley said, he would have that pair of shoes he had tried on first; then he told me to fit the boy with a pair, and the man kept close to the glass case all the time; I did not see him take any; then he said, he had no change; when he got change he would pay for them; they were pursued, and a pair of shoes were found upon him; I know the shoes by the mark; they were No. 3, my father's writing; they were marked S. W. by Mr. Scott; I saw the shoes that day.

ALEXANDER SCOTT sworn.

On Tuesday the 25th of July, I saw the two prisoners run across the way, from the Church to Union-court, and at the end of the court, Crowley turned his head; they got into a timber merchant's yard, which is no thoroughfare; there I saw Crowley take the shoes from under his left side, and give them to the other prisoner; the little one said, he had just bought them of a Jew; says Crowley, he will go with you and shew you the man, he is over the way now; accordingly the great one followed me, and the little one began to look under the apple-stalls; I said, you do not think the Jew is gone to bed; and while I was talking the little one ran up Shoe-lane, and the prisoner Crowley ran down Holborn, and I ran after the boy up Shoe-lane.

JOHNATHAN WILKINS sworn.

I saw Scott talking to the prisoner; I ran after the boy; he was committed; I did not see Crowley run.

(The shoes deposed to.)

PRISONER CROWLEY'S DEFENCE.

I was going home to breakfast, and I met this lad, and two or three more, talking to a Jew; I stood and looked on while they bargained for a pair of shoes, and the boy reached them to me, and asked me if they were worth the money; then the constable came up, and the boy told him he bought them of a Jew.

Prisoner Welch. I had been at work; I bought the shoes of a Jew for four shillings and sixpence.

The prisoner Crowley called four witnesses to his character.

CHARLES CROWLEY , GUILTY ,

To be transported for seven years .

JOHN WELCH , GUILTY,

To be Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-52

712. SOLOMON BOWSEY was indicted for feloniously stealing, on the 23d day of July last, two cotton stockings, value 2 s. the property of Samuel Hinchliffe .

NOT GUILTY .

Tried by the London Jury before

Mr. ROSE.

Reference Number: t17860830-53

713. MARY DAWSON was indicted for feloniously stealing on the 5th day of August , seven guineas, value 7 l. 7 s. and one half guinea, value 10 s. 6 d. the property of Joseph Sutling .

Joseph Sutling called, and not appearing, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-54

714. THOMAS GEER was indicted for feloniously stealing, on the 28th day of August , a silk handkerchief, value 2 s. the property of John Thornton .

John Thornton called upon his recognizance, and not appearing, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-55

715. MAJOR BUCKRIDGE was indicted for feloniously stealing, on the 2d day of September , a silver milk-pot, value 5 s. the property of Thomas Hallington .

MARY BENNETT sworn.

Last Saturday morning I was coming up Halfmoon-alley, and I saw the prisoner run up the alley, upon the cry of stop thief, and he had a milk-pot in his hand, and I saw him fling it away, and I went across the way and picked it up; I did not know whose it was, but by report; I have not seen it since.

RUTH DELLA sworn.

I am servant to the prosecutor; I was in the parlour, and I saw the prisoner take the milk-pot off the counter; the door was open; he ran away with it, and I followed him; the milk-pot was brought home before I returned; it was my master's property.

JAMES SHAWCROSS sworn.

I saw the prisoner taken in Bishopsgate-street.

(The milk-pot produced and deposed to.)

Prisoner. I never saw any thing of it; I live at home with my friends in Widegate-alley, Bishopsgate-street; I am turned of twelve; my father is a weaver.

GUILTY .

The prisoner's father promising to take care of him, he was ordered

To be privately whipped , and discharged.

Court to boy. Who bid you take this milk-pot? - Nobody.

How came you to do it? - I do not know.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-56

716. JOSEPH ABRAHAMS was indicted for feloniously stealing, on the 24th of August , one umbrella, value 4 s. the property of Joseph Hibbert .

JOSEPH HIBBERT sworn.

I lost my umbrella out of a single horse chaise; I was coming down the Minories the 24th of August, about a quarter after eight in the evening; the head of the chaise was down; I turned round my head, and saw somebody standing behind on the rail; I directly missed my umbrella; I called out stop thief, and in a minute or two the boy was taken; I cannot say it was the prisoner I saw behind; my umbrella was produced; I knew it by the brass being loose on the top.

HENRY BIRCH sworn.

I was standing at my door in the Minories, and I saw a person going down in a single horse chaise, and the prisoner behind taking something; I ran towards him, and he dropped the umbrella; I never lost sight of him; I picked up the umbrella, and kept it till the constable was sent for.

WILLIAM BOX sworn.

I took charge of the prisoner and the umbrella.

PRISONER's DEFENCE.

The umbrella laid in the road.

Court to Birch. Have you any doubt that that was the man behind the chaise? - Not in the least; I was in the watch-house half an hour; I was insulted very much by a gang of thieves; the prisoner confessed it, and begged of me to forgive him; I promised I would save him from being hanged.

The prisoner called three witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-57

717. WILLIAM NOBS was indicted for feloniously stealing, on the 14th day of August , a silver watch, value 39 s. the property of John Blades .

JOHN BLADES sworn.

I am no trade at all; I live at No. 130, in Chancery lane; on Monday night the 14th of August, between nine and ten, in the middle of Fleet-street , I found a fit coming on me; I have been subject to fits these six or seven years; I always know before they come; I made the best of my way home.

Court. What is it a fainting fit? - No, it is not, it is the cramp which seizes every limb and nerve in my body; I do not drop, if I sit down, I recover in about two minutes; I got to my own door; it seized my hand in such a manner, I had not power to knock; I called out, and the first person that came by was the prisoner, and two more with him; I desired him to knock at the door for me, for I was going into a fit, instead of knocking at my door, in my distress for me, he was at my pocket taking my watch.

Why was you sensible? - Yes, I am always sensible, though I cannot speak perhaps; I was sensible though I had not the use of my hands; as it is coming on I can speak, but afterwards I cannot; as it happened I had my right hand at liberty immediately, by the surprise, I look upon it; he was at my fob; my watch was taken out; I felt his hand at my pocket; I caught hold of the end of my chain, and the chain broke, he held the watch and I the chain; I have had it ever since. (The broken chain handed up.) After the chain broke he turned away and ran down Chancery-lane; he ran against a post, which I look upon it knocked him down; I was present when he was searched; there was nothing of my property found on him; there is a lamp just by our door; I never lost sight of him till he fell down; I did not see him reach any thing to any body; I am sure he is the man, or else I should not have prosecuted him; I never saw my watch since.

Mr. Garrow, Prisoner's Counsel. Mr. Blades, I begin what I have to say to you, with informing you that I know enough of you to believe that you will say nothing but what you think to be true? - I would not; I know the Court too well; I would not swear to him without I knew he was the man, for five hundred watches.

Was you standing with your face to the door? - My face was on one side.

That part of Chancery-lane is by no means light? - There is a lamp at the corner of the house; there is a shop between our passage door and the lamp.

Is it that part of Chancery-lane which projects over? - It is above that.

How many moments do you think this was passing, for it could scarcely be a minute? - I cannot tell; I had not at first the use of my hand.

How long do you apprehend it was from the time that you first found the hand at your watch before you had the use of your hand? - A very short space; he had got the watch out of my pocket.

How long have you been subject to this misfortune? - For near seven years.

You will excuse me asking you whether on that evening you had been drinking? - Nothing to do me hurt, I had sat down in no public house whatever; I had been at

the Mansion-house about business for the Sheriff, and had been drinking two or three horns of porter.

Had you dined at the Mansion-house? - No, I had not; I had drank nothing at all before that evening.

Then upon an empty stomach you had two or three horns of porter? - No, I had no empty stomach; I generally have a pretty good dinner.

Had that liquor made you a little groggy? - I was not groggy at all.

It put your blood into rather a quicker circulation than usually it is in? - It did not.

I do believe you are a very sober man? - I can drink a glass of punch or any thing.

Have you found that liquors have affected you at this time more than if you had not drank? - No, I cannot say that it does.

You have no experience either way? - I cannot say.

When you have a fit after a little liquor you have less possession of your intellects than when you have been quite in your sober senses? - I always am in possession of my senses; I never found any difference; I always have my recollection; it has come upon me in the night in my bed, when I am as sensible as I am now.

This was between nine and ten? - It was; it was not a light night, and no moon; it was a fair night.

Was you afterwards with your son at any public house that evening? - The constable and my son came.

Do you remember your son's saying, do not press my father to drink, for he has had rather more than is good for him already? - I do not remember that.

Court. Have you any office here? - I have been door-keeper ten years, next November.

Prisoner. I leave it to my counsel.

SAMUEL GRAYS sworn.

I am constable; I was sent for that night to take charge of the prisoner; I searched him, and found nothing upon him that Mr. Blades owned, from the first to the last; I was in company with him an hour.

In what state did Mr. Blades appear to you to be at that time, as to intoxication or otherwise? - I thought he was at that time rather the worse for liquor, and what confirms me in that opinion is, the same night as we were coming from the compter with the prisoner, Mr. Blades said coming home, you shall have some beer at the Four Kings; I objected to it; it was my night to be up at the watch-house, and I wanted to go home; we went in, and Mr. Blades called for a pot of beer; there was myself, Holmes, a brother officer, Mr. Blades and his son; the pot of beer was drank out in six or seven minutes; Blades said, we will have another; I objected to it; then he said, you shall have a glass; we had a glass apiece, Mr. Blades's face was towards the bar, and I says to his son, your father is a little in for it I believe, is not he.

What did you mean by that phrase? - Being in liquor; his son made a reply, my father is in liquor, do not let him drink, but I dare not speak to him; when I first saw him I thought him in liquor, my reasons were, the man was searched once before I came, as they told me; when I came he was searched again; Mr. Blades was not satisfied, and he was searched a third time, and by Mr. Blades himself; and from his mode of acting (I have seen him before several times) I judged him in liquor, not so much disguised as a man that could not walk, but as a man that seemed merry in liquor.

A man that was less likely to take particular notice that if he was not in liquor? - I should imagine so.

Court. When the son said, that his father was in liquor, do you think that he heard him? - I do not know, he made no answer.

JAMES HOLMES sworn.

I am another constable of the same parish of St. Dunstan's; I attended to take the prisoner to the compter, with Mr. Gray, Mr. Blades and his son.

From your observation of Mr. Blades, did you take him to be in liquor? - I rather thought he was.

Did you take him to be in full possession of his sober senses or otherwise? - He was very forward in liquor; I went to the compter, from thence to a public house in the Old Bailey.

Your own opinion was that he was forward in liquor? - He was.

Court. Did he give you at this time any account of his robbery? - Yes, he told us in the coach that he was robbed, he said, he desired the prisoner would knock at his door in Chancery-lane, for he found the fit was coming on him, and he said, at that time he lost his watch; he said, the prisoner pulled it out of his pocket, and that he was never out of his sight, and that he had his chain in his hand.

Did you ever see the prisoner before that time? - Never.

Court to Grays. Did Blades give the same account in your presence? - He did; he was telling the company at large.

Jury to Prosecutor. Which way did the two other persons run? - He ran down Chancery-lane, they must run up; they did not go down the street; but I did not take notice.

Had you any thing to drink at the compter? - Nothing.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-58

718. THOMAS SAWYER was indicted for feloniously assaulting Anthony Patrier , on the king's highway, on the 22d of July last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a remnant of silk, called Persian silk, containing ten yards and a quarter, value 20 s. and one other remnant, containing six yards and a quarter, value 40 s. the property of Elias Patrier .

ELIAS PATRIER sworn.

I live at No. 4, Old Artillery-ground, in the liberty of the Tower; Anthony is my son; he is almost fifteen; I sent him for the two pieces of silk; when I came home, he had lost two pieces of silk that he was to bring back from Fisher and Wells, it was my property.

ANTHONY PATRIER sworn.

How old are you? - Fifteen, in October; I called at Fisher and Wells, and took pieces, and gave a receipt for them on a bill of parcels; when I was coming by St. Paul's, the prisoner tapped me on the shoulder, and asked me, if I did not live at Mr. Jones's the dressers, and I told him, no, and I went on; he did not speak to me till we got into Bishopsgate-street, then he asked me if I did not know one Mr. Rogers, a dresser of silks; I saw him sometimes before me, and sometimes behind me; he kept near me; there were two of the men that met us, and he asked if I did not know them, I said, yes, very well; when we came to the Swan Inn, in Bishopsgate-street, he asked me to drink a pint of beer with him, I told him no, I must make haste home; then we crossed the way, and as we were coming by Rose-alley , he pushed me into the alley, and then he threw down this trunk; he had a trunk which was covered with oil skin, and then he took the pieces away from under my arm.

(The witness Barnes was ordered to withdraw.)

How came you to let him? - I could not hinder him, he threw down the box and took it from under my arm directly.

Why did not you hold it fast? - I could not because he pulled it so hard.

Did you try to hold it? - I do not know, I was very much frightened; I cannot tell in what manner he took it; I did not see which way he ran; it was between one and two.

Mr. Garrow, Prisoner's Counsel. How old are you? - I shall be fifteen in October.

Have you never told a different story from this? - No.

You know Mr. Barnes the baker? - Yes.

You have had a good deal of talk with him about it? - Yes.

To day? - Yes.

And yesterday? - No; we have been talking of it all day to day.

Did not your father threaten you, if you did not find out the man? - No, he did not.

Had you any money, when you went out in the morning? - No.

Upon your oath, had you any when you come home? - No, I swear that positively.

Court. Where did you see the prisoner? - At Mr. Saunders's, the paper warehouse, where he was brought by the two officers by my description; I knew him as soon as I saw him; I am sure he is the man.

EDWARD BARNES sworn.

I am a baker's apprentice; I saw the prosecutor's son, and the prisoner walking along together down Bishopsgate-street, about half after one, arm in arm.

Were they arm in arm together? - No, no, they were not walking arm in arm together.

Then how came that expression into your head? - It was a mistake; I watched them down Bishopsgate-street, as far as I could see them; I went to tell his father, but he was not at home; I thought he was in company with a bad man; I told his mother, he had a trunk under his arm; he took out a knife and opened it; and there was an old mop, an old shoe, and some bits of mortar.

Court. Do you know what the reward is in this case? - No.

Did you never know it was forty pounds? - No; I have not been talking about it to day to the lad.

How long have you known the boy Patrier? - Four or five years.

What sort of a boy is he? - A pretty good boy.

Do you think he is to be believed upon his oath? - Yes, Sir, I do.

Then he has sworn that you have been talking with him about it to day, and since four o'clock this afternoon? - I have not, we have not been together five minutes the whole day.

JAMES SHAKESHAFT sworn.

We took the prisoner into custody, and the baker's lad came, and said he saw him with Mr. Patrier's son; he had some money about him.

- ARMSTRONG sworn.

I questioned the boy very much; I thought he might be induced to change the silk for the trunk, but he persisted in it, as he has done here.

Prisoner. I leave it to my counsel.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-59

719. WILLIAM HARRIS was indicted for feloniously stealing, on the 20th day of August , one dead lamb, value 4 s. the property of WILLIAM STENT .

RICHARD MERRYMAN sworn.

I saw the prisoner at one in the morning, the 21st of last month at Westminster Market ; I was watching; he was cutting a lamb as it hung in the open square in the market; I saw him take it off the prosecutor's hook; I pursued him, and he threw it on the stall board; I put it on the hook again.

Prosecutor. It was my lamb.

PRISONER's DEFENCE.

I rose a quarter before two in the morning, and my nose bled a few drops; I was

coming through the market, which was the highest way, and there was a great dog, and I would have turned back and they stopped me; I never saw the lamb.

Jury to Merryman. What knife had he? - Here is the knife which was taken on him.

(A penknife produced.)

Were the quarters separate? - It was almost in two.

GUILTY .

To be whipped at Westminster Market .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-60

120. ANN CLAPSHAW was indicted for feloniously stealing, on the 13th day of August , a silk bonnet, value 3 s. a cloak, value 3 s. a gown, value 10 s. an apron, value 3 s. a pair of stockings, value 2 s. a muslin handkerchief, value 3 s. an apron, value 6 d. a handkerchief, value 6 d. the property of Elizabeth Ingram , spinster .

ELIZABETH INGRAM sworn.

I had been out at work all the week; and was locked out of my lodging, and the prisoner asked me to go home with her; we went to bed, and I waked at nine in the morning; the prisoner was gone, and my things; on the Tuesday week following, I found the prisoner with my bonnet and cloak, and gown, and handkerchief upon her; I am sure they are nine; she said I had robbed her of two guineas, and she would not give me my things till I gave her the two guineas.

PRISONER's DEFENCE.

I have known this young woman a month; she has been under the piazzas frequently, and went in company with me night after night; one evening we met two gentlemen in New-street, Covent Garden, and one of them gave a couple of guineas to that young woman; we went out together, and was out till four in the morning; the prosecutrix went home with me; she lent me the gown to go out in, and the cloak and bonnet; I went out of town with a gentleman; and I came back, and I went under the piazza's to look for her; she overtook me in Hart-street, and charged me with a theft.

Court to Prosecutrix. Is that true, did you lend her these things? - I never lent them her; she took them while I was asleep.

GUILTY, 10 d.

Privately whipped , and imprisoned six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-61

721. GEORGE GILES was indicted for feloniously stealing, on the 28th day of July last, twelve pieces of Dutch thread bobbin, value 3 s. 6 d. and twelve pieces of beggars tape, value 4 s. the property of Joseph Sturgess .

There being no evidence, the prisoner was ACQUITED .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-62

722. JOSEPH MARGETROYD , ANN KENT , and ELIZABETH BURNE were indicted for feloniously stealing, on the 21st of August , one leather pocket book, value 1 d. two guineas, value 2 l. 2 s. and 8 s. 6 d. in monies numbered, the property of James Jenkins , privily from his person .

The witnesses called on their recognizances, and not appearing, the prisoners were ALL ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-63

723. HANNAH WILSON and MARTHA BURKITT were indicted for feloniously stealing, one handkerchief, value 1 s. one rule, value 6 d. and six shillings , the property of Samuel Munday .

The prosecutor caught the prisoner Burkitt's hand in his pocket, and pulling her hand out, he was knocked down by a man; the other prisoner only stood by, and attempted to pull Burkitt from the prosecutor.

Joshua Jones , a Watchman, saw the prisoner Burkitt drop the handkerchief, and found on the prisoner Wilson, six shillings and ninepence farthing; the prisoner denied it.

HANNAH WILSON , NOT GUILTY .

MARTHA BURKITT , GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-64

724. JAMES PEACHEY was indicted for feloniously stealing, on the 2d day of August , one silk handkerchief, value 2 s. the property of George Jones .

The prisoner was taken instantly with the handkerchief.

GUILTY .

Transported for seven years .

Reference Number: t17860830-65

725. MARY MATTHEWS was indicted for feloniously stealing, on the 2d day of July last, five guineas, value 5 l. 5 s. the property of Jacob Burton .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-66

726. JOHN MOORE was indicted for feloniously stealing, on the 3d of June last, a silver milk pot, value 5 s. the property of Abraham Alexander .

ABRAHAM ROBERTS sworn.

I heard the prisoner running; he ran through the White-lion, in Fashion-street; at the back door I overtook him, and in the left side of his coat, I found this milk pot.

(Deposed to.)

Mrs. ALEXANDER sworn.

I saw the prisoner in the room, putting his hand on the milk pot, and I cried out my milk pot, stop thief; he ran out, and I after him.

PRISONER's DEFENCE.

I and my mother had been selling chip hats; I came into this house, and had a pint of beer; and the gentleman persuaded this gentlewoman to swear that I took it; I have been almost four months in confinement.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-67

727. SUASNNAH GREEN was indicted for feloniously stealing, on the 29th day of August last, one pair of slippers, value 2 s. 6 d. the property of Samuel Pullen .

The prisoner bought one pair of slippers, and took another; she was brought back instantly, and the slippers taken out of her pocket; they were not the pair she bought; she said it was a mistake.

GUILTY, 10 d.

Recommended by the Jury.

Privately Whipped , and Discharged.

Reference Number: t17860830-68

728. WILLIAM THOMPSON was indicted for feloniously assaulting John Judson , on the king's highway, on the 11th day of July last, and putting him in coporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 40 s. one half guinea, value 10 s. 6 d. and 2 s. 6 d. his property .

The witnesses called, and not appearing, the prisoner was ACQUITTED .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-69

729. THOMAS LUCAS and CHRISTOPHER DIVERS were indicted for feloniously stealing, on the 21st day of August , privily from the person of Thomas Harrold , one bill of exchange, signed C. and J. Adams, value 137 l. two months after date; the said bill being the property of Christopher and Joseph Adams , and the money due thereon unpaid .

The bill of exchange being described in the indictment to be without any acceptance, and the prosecutor swearing it was

accepted, it did not appear to be the same bill, and the prisoners were ACQUITTED .

Detained till next Session.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-70

730. HYAM SOLOMON was indicted for feloniously stealing, on the 30th of August , seven hundred and twenty copper halfpence, value 30 s. the property of Jane Staples , widow .

JAMES M'LEAN sworn.

Coming up Little Tower-hill , I saw the prisoner jump into a cart, and take something out from a box which was covered with a sack, and which since proves to be three papers of halfpence; he dropped one paper in getting down; I saw the halfpence on the prisoner at the Justice's; I believe them to be the same.

JAMES TAIN sworn.

I am carman to the prosecutrix; I received twenty shillings worth of halfpence from Mr. Wetherstone; I put them in my cart.

JETHRO' WETHERSTONE sworn.

Proved paying the halfpence to the carman.

JOHN WADE sworn.

I stopt the prisoner and took a double paper of halfpence out of his pocket.

Prisoner. I found them.

GUILTY .

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

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-71

731. CHARLES MANN was indicted for feloniously stealing, on the 26th day of August , one silk handkerchief, value 2 s. the property of Peter Rourke .

The prosecutor took the prisoner with his handkerchief in his hand.

Mrs. BLYTH sworn.

I saw the prisoner take Mr. Rourke's handkerchief out of his pocket, and put it in his own side pocket.

Prisoner. I saw the handkerchief lay, I said to the gentleman, is this yours? yes, says he.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-72

732. ANN WARE was indicted for feloniously stealing, on the 14th day of August , a silver watch, value 4 l. and a pair of breeches, value 2 s. the property of John Campbell .

JOHN CAMPBELL sworn.

I am a journeyman taylor ; I lost my watch on the 14th of August, on a Monday morning, and a pair of black silk breeches; I was going home between one and two; I was not very sober; I met the prisoner, and she would not part with me, till she forced me to an apartment in Star-court, Cross-lane , near Drury-lane; when I came there, I saw my watch, and the prisoner said, give me a shilling and you may go to bed, and so I did; I undressed myself, and went to bed, all I can recollect was her taking off her cloak; I cannot say she stripped; I waked about seven and she was gone and my watch and breeches; I called up a neighbour; I never got my property again; she acknowledged where they were pawned.

Prisoner. It was my sister, not me.

JOHN UMPAGE sworn.

I am constable of Bow street; I took the prisoner into custody; the prisoner confessed she had pawned the things; I heard the whole of her examination; there was no favour offered to her.

Prisoner. Mrs. Price took the things.

GUILTY .

To be confined six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-73

733. SARAH PEARSON was indicted for feloniously stealing, on the 11th day of July last, three linen sheets, value 12 s. and two flat irons, value 1 s. the property of Mary Suttle .

GUILTY Of stealing two sheets, value 4 s.

To be privately whipped , and confined twelve months in the house of correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-74

734. ANN CARR was indicted for feloniously stealing, on the 30th day of June , a copper tea kettle, value 18 d. a bolster, value 2 s. and a bed rug, value 14 d. the property of William Slater , in a lodging room .

GUILTY .

To be privately whipped .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-75

735. JOSEPH MOORE was indicted for feloniously stealing, on the 21st day of August , two live geese, price 2 s. and one live cock, price 6 d. the property of Thomas Eagles .

There being no evidence to affect the prisoner, he was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17860830-76

736. GEORGE BROOKS , THOMAS EDEN , and THOMAS EDEN , jun. were indicted for feloniously stealing, on the 26th day of May last, two ewe sheep, value 46 s. and two lambs, value 42 s. the property of Richard Lowe and John Pugh .

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-77

737. WILLIAM WALL was indicted for feloniously assaulting Thomas Bellinger , in a certain field and open place, near the king's highway, on the 19th day of August last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, two shillings in monies numbered, his monies .

THOMAS BELLINGER sworn.

I work at the painting business; my master paid me on Saturday the 19th of August, a little after nine, ten shillings and some odd halfpence, and coming through the market by South Moulton-street, I was going into the Five Fields , a place so called; a footway for people to go; I was met by the prisoner and another man, they had each a stick; I did not know them before, and one of them who is the prisoner at the bar, demanded my money, or my life; I had no thought of any bad men; they turned round me short, and he said, I must have your money, or your life; this is one of the sticks. (Produces a short thick piece of stick like a lop pole.) I told them I was a poor hard working man and did not know how to get a bit of bread, and begged of them to let me go about my business; the other man that is absent, took hold of my pocket on the outside, and said, you have money, do not stand hesitating and they said, we will have your money or your life; I told them, I owed money to the baker at the shop, and I did not know how to get a morsel of bread if I did not go home and pay it; but they

would have my money, and I took out a shilling and gave it to the other man, and the other man took that, and then they said, that should not do, they would have more; then this prisoner at the bar had another shilling.

Did you give it to him? - He took it out of my hand; they heard somebody coming, and they ran off as fast as they could, and I heard the watch cry ten, and I ran after them as fast as I could, and cried out murder, stop thief! and the prisoner was taken; I did not see him taken; he was taken about five hundred yards off; John Gadsden took him; I saw him in custody in about six or seven minutes after he was taken; they sent for me; I went to the house where the prisoner was, and the witness Stent then asked me, if I should know the man, there were a great many people in the room, and I said, the prisoner was the man that robbed me; and when the prisoner was going to the Justice, in about five minutes after, he confessed the whole, and where he dropped the shilling, and every thing.

Did you give him to understand it would be better for him if he told any thing? - Yes, I did.

Court. Then, gentlemen, you can hear nothing of that; what sort of a night was it? - It was a star-light night; I did not see any moon.

How long were they with you? - As much as five minutes.

Did you take any observation of the mens persons and countenance when they robbed you? - Yes, I did, particularly.

Did you know his face? - If there had been ten thousand, I should have known him amongst them all.

Did you know his face? - Yes, I knew his face and his dress; he was much in the same dress as he is in now, and an old hat with a hole in the top.

You take upon you to say that is one of them? - That is the man, he cannot deny it.

Was you alarmed or frightened? - I was very much frightened at the sticks, as they said they would have my money or my life.

In this fright and alarm that you was in, did you take such serious notice of this man's face, that you can swear positively to him? - Yes.

Prisoner. Can you swear positively to me? - I can; I was offered bribery by the serjeant.

WILLIAM STENT sworn.

I am a shoemaker; on Saturday the 19th of August about ten, I had just done work, and I heard the cry of murder, stop thief; I was in my own house; I live within about two hundred yards where the robbery was committed; I went to my door and I saw the prisoner running with another man; I pursued them, and had like to have overtaken them at about fifty yards; but the prisoner turned round with a bludgeon that he had, which is in Court, and made a blow at me; he missed me; I followed him again, and just by the turnpike, I hallooed out, stop thief, and Gadsden was standing just by his door; he keeps a cook's shop, and is a stone-sawyer; Gadsden stopped him; I laid hold of him; I was close to him; I saw him throw away the stick about twenty yards before he came to the turnpike; the other man ran up towards Hyde-park-corner; I could not run after them both; my house is at Pimlico; he took to the left, and this to the right; the other made his escape; we took the prisoner to the Shakespear's-head, Pimlico; after we had taken him into the public house, in a few minutes somebody told the prosecutor he was there, and when he came in there were twenty or thirty people; it was a house where there are pay tables of bakers and carpenters, and I asked the prosecutor if he had not been robbed, and he said, yes; I asked him, if he should know the man amongst us all, as there were so many of us together; and he pitched upon the prisoner at the bar.

Was the prisoner at all pointed out to

him? - No, he was sitting down the same as any gentleman here, and nobody pointed the prisoner out to him.

Was there any hint or intimation given him that he was the man? - Not to my knowledge, for I did it to know whether he knew it was the man.

Who picked up this stick that was thrown away by the prisoner? - The watchman, and he brought it to the pubblic house sometime after the prisoner came there, but I cannot say how long; I saw the prisoner throw it away.

JOHN GADSDEN sworn.

On Saturday the 19th of August, about ten, I heard a great noise of stop thief, stop thief, close to the turnpike at Pimlico; I live within two hundred yards of the gate; I saw the prisoner just before me on the full run; he was in a light coloured coat, the same as he has on now; I caught the prisoner on the left hand of his collar, and laid hold of his wrist, and took him to the Shakespear's-head, a public house; Stent was close to him, in the twinkling of an eye; I sat down in the box with the prisoner; the watchman was in the house; I would not give him to them, and the prosecutor came to the corner of the box and sat in the box; and said, that is the man that demanded my money or my life; he might have been three minutes in the house, and I was set down by the prisoner holding his collar; the prisoner answered directly, I own I am guilty, I had a concern in the robbery.

Was not there something said, to encourage the man, or induce him? - No, I heard nothing of that kind; the prisoner said, I own I had a hand in the robbery, and had got part of the money; the public house was full; there might be twenty or thirty; they were all men; I did not see any women in the house that night.

Had you the man by the collar or the wrist when the prosecutor came in? - Yes, I had.

Court. That was hint enough? - I might take him about four hundred yards off.

Court to Stent. You know this spot where this robery was committed? - Yes, there was lone house, and the prosecutor told me it was just by that lone house; the prisoner was running beyond my door; he was got but a very little way before I took him; there was no other person but him, and a man that was with him.

Did you see any body running but this man? - Nobody at all, they were both before me, and when we came to the corner of the street, there the prisoner told me he threw the shilling away, and the other man turned towards Hyde-park.

EDWARD WILLIAMS sworn.

I am a watchman in the street, just by where the robbery was committed; I heard murder, stop thief called; I attempted to stop one, but he got off; he made a blow at me; I saw the prisoner and another; the other got off; the prisoner took down the road; he was lighter of foot, and I had a great coat on, and could not run so fast as he did; I saw him in custody in five or six minutes at a public house; the other man was in black; the prosecutor and I were making our way to the public house; I met with him; he came out of the lane and gave the alarm to me, and I sprung my rattle; I went in with the prosecutor to the public house; as soon as he came into the place, he said, I will take my oath that is the man, and he pointed to the man that is now at the bar; he directly went up to the box, and pointed at the table; Stent had him by the collar.

Another WATCHMAN sworn.

I am a watchman, the next watch to this; I heard the cry very plain; I did not see any thing of the two men running; I did not get to where the cry was till he had turned another street.

PRISONER's DEFENCE.

On the 19th of August, it was on a Saturday, I was going to Kensington, to

see an acquaintance; I found it was too late; I returned; I could not get through the Park; I went to Pimlico, and heard an out-cry; I ran to see what was the matter, and they ran after me, and made a catch at me; I had a stick in my hand, swinging backward and forward; I did not attempt to strike any body; I ran to the turnpike gate; says they, this is the thief; they kept me at the public house till the prosecutor and publican came, then they said to him, we have got the man, he then said, that is him; then they got me into a room, and made me acknowledge that I was the thief, and I was obliged to say something, or else I thought I should have been murdered; then they took me up to Mount-street watch-house, and there they kept me till Monday morning; I have no witnesses because I was by myself.

JOHN TRUSS sworn.

I do not know the prisoner; only that night I heard the cry of stop thief, I ran out of doors to see what was the matter, and I went to the public house, and Mr. Stent went into a public house called the Shakespeare's head; he was set down at the corner, and said to the prosecutor, are you the man that was robbed; and he said, yes; then Stent said, d - n you that is the man, pointing to the prisoner; the prosecutor said, yes.

Court. Let Stent stand forward.

Truss. From that, this gentleman Stent took and examined him, there was nothing upon him, not a stick; from thence he was taken into the parlour; I went into the parlour.

Did the prosecutor go in? - Yes, and there after they had set down a few minutes the prosecutor said, that if the man would confess he would forgive him; if he would give him the two shillings, and give the watchmen something to drink, he would let him go about his business; upon that, after a few minutes, the prisoner said, he was the man that did the robbery; then I went with him to the watch-house, and there they told him that the man that was concerned with him was to be found at Westminster; I went with the prosecutor and the prisoner, to look for the other man; and I said to the prosecutor before he went in, now you had better go along with Wall, and see if you can see the other man that robbed you; he said he would; there was a man a drinking, and he immediately challenged a young man that was there eating his supper, and he said he would swear to him.

Do you know who that was? - No, but it was a different man from the prisoner; he swore down blank to him, that that was the man that robbed him;

What he was positive about it, was he? - He was very positive about it, strictly positive.

What did you say? - I said I thought it was a pity, without he was really positive in his own mind, to go to swear to the man; and Mr. Stent said the same, that he did not believe he was the man; and that he thought it was wrong of him; but he stood to it for sometime, till such time as the landlord and landlady stood up, and said they could prove that that man had but just left work, not above a quarter of an hour; and they could send for his master, and prove him to be a very sober, honest young fellow; upon that he said, he believed he was the man, and went off from it, and went into the other houses in Westminster.

When was it that the prosecutor fixed on the prisoner? - When Mr. Stent said d - n me, that is the man that robbed you.

Court to Stent. This young man says that the prisoner was taken into the parlour? - He was taken into the tap room first, and when the prosecutor said he was the man, he was taken into the parlour, and sat down.

Did the prosecutor say, that if the man would confess and give him two shillings, he would forgive him? - He did not say any thing about confessing; but he said, if he had his two shillings again, he did not want to hurt him.

Let me understand you clearly; did any

thing pass from the prosecutor, either in the tap room, or in the parlour, that implied he was doubtful that he was the man? - I pitched upon him, the moment he came into the tap room at first; I asked the prisoner if he had any money, he said no.

This man swears that in your presence, and hearing, the prosecutor wanted to induce this man to confess? - I told the prosecutor, says I, if there is another confederate with him; for he told me himself, that the other man brought him into the premunire; that the other man took his part, that he should have been beat; he told me he took lodgings at the Three Tuns, in the Broad-way, and paid a shilling a week for his lodging.

Court to Truss. What are you? - A hair dresser.

REYNARD ROBSON sworn.

I am a taylor; I was at the Shakespear's-head; I remember the prisoner being brought in, I believe it wanted about a quarter of ten.

Do you remember when Bellinger came in? - I do; the prisoner had been in about five minutes I fancy, or not so long; Mr. Stent asked the prosecutor whether the prisoner was the man that robbed him, and he said he could swear blank to him; the prisoner was sitting in a box in the tap room.

How came the prosecutor to see the prisoner first? - The prosecutor came into the house where the prisoner was; and this Mr. Stent shewed the prisoner to the prosecutor; he asked the prosecutor if he was the man that was robbed; there was several people in the room; they made room for the prosecutor; the prosecutor said he was the man that was robbed; says Stent, d - n you, this is the man that robbed you, pointing to the prisoner; or you are the man that robbed him, or something to that purpose; the prisoner was then taken into the parlour; and I heard the prosecutor say, he would freely forgive him, if he would pay him the two shillings he had been robbed off, and pay the expences of the people that were there; the prosecutor said, he did not want to hurt him, if he would give the two shillings back, and treat the watchman, and discharge the people.

NOT GUILTY .

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

Reference Number: t17860830-78

738. HENRY JAVE STAKER was indicted for burglariously and feloniously breaking and entering the dwelling house of John Richardson , about the hour of two in the night, on the 15th of August , and burglariously stealing therein, one iron gun, mounted in wood, value 10 s. six silver tea spoons, value 12 s. a pair of silver tea tongs, value 6 s. two silk handkerchiefs, value 1 s. two cotton ditto, value 1 s. a pair of thread stockings, value 2 s. four guineas, value 4 l. 4 s. and nine half-pence, his property; and one guinea and two shillings in monies numbered, the property of Mary Griffin , widow , in the dwelling house of the said John Richardson .

(The case opened by Mr. Garrow.)

MARY GRIFFIN sworn.

I live in Winchmore-hill, at Middlesex ; I live with Mr. John Richardson ; he is a farmer ; on the night of the 15th of August, I went to bed between eight and nine, with all the doors and windows fast; about two o'clock, I heard a rumbling against the wall; I slept in the one pair of stairs; my master's room is even with it; the sash window was pushed up; that window was fast when I went to bed; there was a hitcher down at top, between the two sashes; the next thing I observed, was the first man that came in, was in a white waistcoat, that I call Henry Jave Staker ; the prisoner is the man; he had a flannel waistcoat, with sleeves; he sat down on the side of the bed; two men came in at the same window as fast as possible; the

prisoner sat all the while by my bed side.

What did he do? - He took my pockets that were underneath my head.

What was in your pockets? - Nothing but my spectacles, one guinea, and two shillings, wrapped up in a paper; he took the guinea and the two shillings, and left the spectacles; when he had taken the money, he sat down again by my bedside; I heard the other men, and saw them go out of my room, and into my master's room.

Had you any light at this time? - When they had done with my master, one of them came back and said, where is the tinder box? the prisoner never moved from my bedside; he never went to my master's room; I told him the tinder box was on the chimney place below; then one of them went down and struck a light; the prisoner staid with me; I was never left; then the man brought a light into my room; the man was not disguised at all; he was dressed in a white flannel waistcoat, with sleeves; the other man went away with his light; the prisoner still staid with me; I never was left; they came back to my room, and brought the light, and this man said we have done; and they came round to my bed's feet, and they all went away together; they went down stairs, and let themselves out at the front door; I take it altogether, first and last, I had the opportunity of observing this man seven or eight minutes; I took particular notice of him; my eye was never off him; and there was a great sash thrown up, that was never down; it was star-light, but no moon.

Look round at the prisoner, and tell my Lord and the Jury, whether you are sure that is the man? - I am sure of it; I have no doubt of it; I had so much clear sight by the light of the candle, that I could not mistake; I described the man next morning to my master; I told him he was black complexion man, broadish face, and thickish body; I described his dress the next morning to my master; I saw the prisoner again at Mr. Wilmott's Office; the house was broke open on Wednesday, the 16th; I came to town on a Tuesday, to Mr. Wilmott's office, a fortnight after, and saw him, and knew him directly; he was sitting with the two other men that were taken with him; there were several other people in the room; nobody pointed him out to me; I picked him out from the rest; he had a blue coat on, and a striped waistcoat; I knew the face of him, and desired Mr. Wilmott to strip him into his flannel waistcoat, with sleeves.

Did you know him then? - Yes, that was the very same dress he had on when he came and sat by my bedside, I am quite sure of it.

Had you then, or have you now, any doubt of his person; is that the gentleman? - He is.

Court. During this time, did he say any thing to you? - Only one word, he bid me lay still, I screamed.

You were abed at the time? - Yes.

Did you jump out of bed at that alarm? - I was going to sit up, but they pushed me down.

Did he permit you to turn and look about? - Yes, he never confined my head at all.

This was a star-light night you say? - Yes.

Was it a tolerable clear night? - Yes.

Could you see any thing by that light? - Not perfectly without a candle.

Suppose the candle had not been brought, could you have sworn to him without that light? - No, I would not.

Did you ever look at his face? - I could not keep my eye off from him; he never offered any violence.

Did he say nothing to you? - He only said when I screamed, do not scream, for there is more at the ladder foot.

I only give you this caution, that you are aware that this man's life may rest upon your evidence; after that, look at the man, and see if you are sure? - Very sure, I have no doubt about it.

Was there any thing in the course of that night, that can prove it to you what time this happened? - As nigh as I can guess, about two, because my master got a light and went to look, and it wanted ten minutes of three; that was twenty minutes after the prisoner left my bedside.

JOHN RICHARDSON sworn.

I am a farmer at Winchmore-hill; I went to bed between eight and nine; the doors and windows were all fast when I went to bed.

What time were you alarmed? - About two.

What was the first thing you heard or saw? - The first thing I heard, was a noise and rumbling of some sort; then I heard the woman halloo out; there was nobody else in the house; we sleep in two rooms on the same floor; I got out of bed with intent to lock my door; two men rushed into it before I could get it locked; then I made for the bed again, and one of them tumbled atop of me, and I had a scuffle with him, and the other struck me twice on the head with a stick; then they tied my legs and hands; they tied me with one of their garters, and a piece of packthread; one of them said, let us get a light from below stairs; they took six silver tea spoons; one pair of silver tea tongs; a pair of stockings; a silk handkerchief, and a gown; they went out at the front door; and they left me tied as I thought, but then I dare not stir; they left this stick under the bed of Mrs. Griffin; as soon as they were gone, I got up.

What time was that? - When I got a light, it was almost three; it was more than half past two when they went away.

Did you find any thing at the window of the woman's chamber? - A ladder; it came from Enfield; it is a mile, or rather better to Wynchmore-hill; only two men came into my room.

Did Mrs. Griffin describe to you, who had been in her room? - One, she said, sat by her all the time; she gave me a particular description of him; I went to Enfield last Sunday morning; it was ten days after the robbery.

Who did you find at Enfield? - I was drinking at a publick house with another man, and I saw the prisoner and another man talking in the street; he was then dressed in a little flannel waistcoat with sleeves, a white one; he was talking to a shoemaker; in consequence of that, I came up to London to Mr. Wilmott's, and got a warrant on suspicion; I went down with the officers, and took him into custody last Monday at Enfield; he had the same dress on; he put on a coat I believe, before he came out of Enfield; I brought him to Mr. Wilmott's office; she came on the Tuesday morning, and saw him in that dress; there were about a score in the room; she picked him out, and she said she would swear to him.

Court. How long was you undoing your arms and legs? - Oh, Sir, I presently undid them, in the manner they tied them.

ARCHIBALD BATCHELOR sworn.

I lodge and board with Mr. Oliver; I am in no business; I assist him in his business; he married Mr. Richardson's sister; I first heard of his being robbed, on the morning of the 16th; he came there before it was light, between two and three, and near upon three; I got up and went with him to his house; I found a ladder leaning against the bed room window; he said he had been robbed; he did not know what he had lost; he mentioned something about some guns, but how many I cannot recollect.

Was any body with him? - There was Joe Barnett , a neighbour, with him; and he said he lost a gun; then I went to his house, and saw a ladder up against the window; the poor woman was trembling, frightened out of her senses almost, that was Griffin; she was up sitting in the kitchen.

What account did the housekeeper give? - She said there were three men came into the room to her, and one staid in the

room with her all the while; the others went through the apartment.

Court to Batchelor. How long have you known Mr. Richardson? - Ever since fifty-nine; he was born there, his father was a reputable farmer there; and he now lives in a house of his own; I have known Mrs. Griffin about a twelvemonth; she is a sensible sober good sort of a woman; she has been in that parish a great many years I believe, but I did not know her there.

JAMES SHAKESHAFT sworn.

The prosecutor Mr. Richardson applied to Mr. Wilmot's office.

Did he get a warrant? - Yes, I apprehended the prisoner last Monday in a flannel jacket, with sleeves to it; I brought him up to London, him and two more; the woman attended; he was not pointed out; they stood at the bar; he was dressed in a blue coat; I saw him borrow a blue coat; the woman saw him in that dress.

Was he pointed out to her? - He was not; she said that is the man that robbed my master's house, but he was not in a coat, he was in a white waistcoat; then he pulled off his clothes, and stood in the white waistcoat; and the woman said, that she was still positive that he was the man, and remarked, that he had a round hat cocked up on the sides, and his hat corresponded, with that he was committed; I am constable of the parish.

Mr. Sheridan, Prisoner's Counsel. If this man is convicted, do your expect any reward? - Certainly, Sir, what the Recorder allows me, I certainly shall expect.

Do you know how much that money is? - There is forty pounds; there were three more, and the prosecutor.

Then there are five of you? - Yes.

When you found him with a hat, this hat was a round hat, turned up on each side? - Yes, I have seen many such.

How many? - I dare say I have seen hundreds, and I have seen people in white waistcoats.

Is it not a common dress for labouring and working men to wear? - Yes.

Court to Prosecutor. Did the man that tied you, continue with you? - One stood with me, but I do not know which.

Court to Mrs. Griffin. Before you went to town, did you know what coat the man had on at Enfield? - No, Sir.

Had you seen nobody that had seen the prisoner before he went to town; had you been told he borrowed a coat? - Yes, since I came to town, I did not hear before I came there.

Did you hear he had borrowed a coat before you had looked at him? - Yes, before I swore to him; I cannot tell who told me; they were talking about it? -

How many men came into the room with light to you? - One, only one.

Then during the whole of this time, did you see only two men? - When they first came in I saw three, but afterwards only two.

Was the light that was brought to you at two different times, brought by the same person, or by two different persons? - By one person only.

Did you see enough of that man to be able to swear to him? - No, I could not; it was only one man; it was the same man that brought the light both times; my master came into my room as soon as he was gone; and he went and called this man; he brought Arnold home with him.

Did he bring any body else? - No.

Recollect yourself, are you sure he brought nobody in the house that morning but Arnold? - Not all at once; he brought this Mr. Oliver, then Mr. Arnold; and he looked up and down the house to see if there was any body in the house; then he asked me if I could stay by myself, and I staid by myself till he went to Mr. Oliver's, and after that, Mr. Batchelor came up with him.

Did Mr. Oliver come? - No, not then; they found me in the house up by the fire place in the kitchen.

Mr. Sheridan. What time in the morning

was it when these people came into the house? - A little after two, as near as I can guess; it was star-light.

Did they bring a light when they came in first? - No.

How did you know it was three? - I saw them, one stood with me.

Did they all three come back again? - Not in my room, one came back to call the man that stood with me.

What sort of light was brought in? - A pretty large candle.

How old are you? - Threescore and three.

Do you use spectacles? - Yes.

Was not you afraid? - Yes, I was, that made me look more at him.

When you had your sight at the best, did you never find that when a light came suddenly upon you it confused you? - Yes.

JOHN ARMSTRONG sworn.

I went down to Enfield to apprehend this man; I saw this woman's information taken before the Justice; he was in a white waistcoat with white sleeves.

Mr. Sheridan. You expect part of the reward? - I do.

To Mrs. Griffin. You said, a while ago, that you did hear when you came into the office, that he borrowed a blue coat? - Yes.

PRISONER's DEFENCE.

I have witnesses to prove where I was at the time.

Mr. Sheridan. My Lord, we are very willing that our witnesses be examined separate.

SARAH MORRIS sworn.

I am a married woman, and mother of eleven children.

What is your husband? - A master sawyer; he has a house of his own; I live on Enfield-chace side.

How near do you live to the house of the prisoner? - About two yards off.

What is the prisoner? - He is a labouring man .

Do you remember a circumstance of any body calling his wife up? - Yes, the night of the robbery being committed, about ten, on the 16th of August, between the Tuesday and the Wednesday, I heard the wife of the prisoner called up; the woman came to call the wife up, for she had a child unknowingly to me; I sat upright in my bed; I saw two women go by; one was the wife of the prisoner; I said to my husband, I wondered if any thing was the matter with my neighbour; I have a clock in my house and I know to five minutes the time; it was about half after two when the woman went by; I went to the door, and asked Staker, the prisoner, what was the matter; he was in his bed, and he said, his wife was called up to the woman, that her child was ill; his wife nurses children.

Did you know that she usually nursed that woman's children? - Yes, Sir, the woman that she was called up to, her name is Elizabeth Arnold ; when I asked him what was the matter, and returning to bed my clock struck three; I heard of the robbery the next day. I have known the prisoner twenty years and more; he was bred and born not farther than I can throw a halfpenny ball; he was an honest labouring hard working man.

Mr. Garrow. Do you know who he worked for on the 16th of August? - He was as at work pulling down a building that one Humston did live at; it is not half a mile.

Did you see his wife carry his dinner to him that day? - He comes home regularly to breakfast and dinner every day; I saw him come home to dinner.

What makes you sure it was Tuesday night? - The child being ill; I knew the child was dangerously ill in the day time.

How old is the child? - Nine or ten months; it suckles, but the woman had been out at the harvest, and over heated her milk, and we thought the child was going to have the measles.

Have you seen the child? - The mother of the child came to call my children to go to gleaning with her children, but she could not go because her child was ill;

I did not know the speech of the woman till I asked what was the matter; I went to bed at half after ten without a light; the prisoner answered me as he lay in bed, I said Mr. Staker, is any thing the matter with your family? he said no, Betty Arnold has called my wife; I frequently get up to enquire after his wife, and have gone in.

How often in the month of August had you gone in? - Several times in the month of August; she has been a woman that has lain in with two children, and a poor weakly woman she was, and I have several times assisted her; I cannot tell how many times I have gone in; which was the first night of the month I cannot tell.

The second night? - I cannot tell.

The third night? - I cannot tell; I was there the Sunday night before the 16th to speak to my neighbour.

What part of the house did the prisoner sleep in? - In the room next to the house place.

What sort of a night was it? - Very fine night.

A rare moon-light night, the harvest moon, was not it? - It was not moonlight.

Had they any lanthorn? - I did not perceive any; it was not light enough to see the clock; I saw the prisoner come in before with a flannel waistcoat and a pair of linen breeches; I have seven living children; I have five at home with me; not young children; I heard of this robbery on Wednesday night by my husband, who came home from 'squire Clayton's.

Did you never mention it to the prisoner? - No, Sir, I thought he might hear of it; I saw the prisoner every day.

How far do you live from Enfield town? - Half a mile.

How far from Winchmore-hill? - Two miles.

Did you hear of any body missing a ladder that night? - No, not from Enfield.

ELIZABETH ARNOLD sworn.

I am a married woman; my husband is a day labourer; I live on Endfield Chace side, near Holly-bush, not far from the last witness, about the length of this room; Mrs. Morris attended my children, and Mrs. Staker also; I always called her on any occasion that required assistance; if she gave suck, she suckled them, if not as a dry nuse; she is counted skilful in children.

Was your child sick at any time and when? - It was sick, very bad, on Tuesday night the 16th day of last month.

What time of the day? - Between the hours of ten and three in the morning; I went to call her up to come and assist me a little, and her husband was in bed; he got up and unlocked the door and let me in.

What sort of a night was it? - It was quite a lightish night; it was not dark.

Was it moon-light? - I cannot say rightly whether the moon shone bright; she went with me, and staid till six in the morning; I know Mrs. Morris's house, they can see one another and speak to one another in their houses; I have known the prisoner seven, eight, or nine years; I never knew any harm of him; I lived with Mr. Shadbold's brother; I was married, and since that time, I have lived in that spot of ground, the prisoner bore a universal good character; he was a daily hard working man.

Mr. Garrow. Mrs. Morris is very skillful about children? - Yes, Mrs. Morris is the first, and Mrs. Staker is the second; they occasionally attend my children; it is a nurse child, and does not suckle; I generally put my children to Mrs. Staker, because she can give suck, and Mrs. Morris cannot; my child was ill the 16th of August; I am sure of the day; I cannot read or write, but I made my son put it down; Mrs. Morris must hear what past; I screamed out, and Mrs. Staker spoke loud; I cannot tell when it was that I heard that Mr. Richardson's house was broke open.

RICHARD HUBBARD sworn.

I am no business at present; I live on the interest of my money, at Hollybush; I am a brother of Mr. Hubbard the banker's he died the 6th of April last; I am a housekeeper,

and have two estates in Westmoreland; I have known the prisoner ever since I came to the place, which is about three years and two months; I have employed him several scores of days; I liked him well; I never heard any body ever suspect any thing of him; I keep cows, and have ten acres of ground, and I employ him as an assistant; he never was absent from the place that I know of; he bore a very good character.

The prisoner called three more witnesses who had known him a great many years and gave him an excellent character.

NOT GUILTY .

Tried by the second Jury before Mr. ROSE.

Mr. Sheriff Watson to Prisoner. I have long thought you an honest man, go home to your family, your character will not suffer any imputation from this trial.

Mr. Sheriff Watson then sent the prisoner a donation, which was followed by many of the audience, and the prisoner returned his thanks for a collection of some pounds, and was instantly discharged.

Reference Number: t17860830-79

739. WILLIAM DUCKETT was indicted for feloniously stealing, on the 26th day of August , twenty pounds weight of lead, value 2 s. belonging to George Maltus , and affixed to a certain empty house of his , against the statute.

Some lead was removed from the outside of the building, and put into the inside of some other buildings, and the prisoner was taken up in those buildings as disorderly with one shoe and buckle, and a shoe and buckle found in the prosecutor's premises, which corresponded with it.

The prisoner called two witnesses to his character.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-80

740. JOSEPH ARCHIBALD SIMPSON otherwise MORLEY was indicted for feloniously stealing, on the 15th day of July last, six pounds weight of printing types, value 2 s. and four copper plates, value 1 s. and one hundred message cards, value 2 s. the property of William Spiers .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-81

742. RICHARD BACHELLOR was indicted for feloniously stealing, on the 10th day of August last, thirty-four guineas, value 35 l. 14 s. the property of Nicholas Welch , in the dwelling house of John Garwood .

The case opened by Mr. Garrow, as follows.

May it please your Lordship, and you the Gentlemen of the Jury, this indictment charges the gentleman at the bar with a capital offence; and when you see such a prisoner, standing in such a situation, I have no doubt but you expect that there is something peculiar in his case; and if you do form at this moment such an expectation, with respect to this case, I do assure you, you will not be disappointed; for it will call for your most serious and careful determination; you have just tried and convicted a man * upon a constructive felony, a felony committed by a stretch of ingenuity: Gentlemen, the present case is a clear and plain felony, about which the law is clearly understood, committed however by a stretch of ingenuity not very different from the other; for the other was the stale practice of ring dropping, and this is the stale story of playing at A. B. C. Gentlemen, you will have no question at all to try in the result of this business, but whether the prisoner now at the bar is the person that committed the robbery imputed to him by the indictment; for

that the felony has been committed, and that it has been committed under the circumstances I shall state to you, will be beyond all possible question, and the only question for your determination will be who committed it. Gentlemen, the prosecutor of this indictment is a Mr. Nicholas Welch , who was a Major during the troubles in America, in the continental army; he has been for sometime in this country in a very reduced state of health, and (like many more, who had considerable merit in that unfortunate dispute), in reduced circumstances also: he had occasion during his residence here to sollisit at the Treasury (where things you know cannot be finished in an hour) some relief for his losses in the course of the service; I mention this because it will shew you in all probability the manner in which he became known to the prisoner at the bar, and the manner in which the first scheme for cheating him, or in other words for robbing him of his money, probably originated: the prisoner, (of whom I know nothing but this that he) had occasion to attend at the Treasury likewise, not as an American refugee; my learned friend, Mr. Silvester, who is counsel for him, will state his business there to you, if it should be necessary; however he had occasion to attend there, and I only mention it to shew that it furnished him with an opportunity of knowing who attended there, what their expectations were, and how soon they were likely to leave the country, together with every other circumstance which it became necessary for a man of ingenuity who meant to defraud, to be acquainted with: Major Welch, after a considerable attendance got an order from the Treasury for some money, I do not know the amount of it, but I have no doubt but he in the warmth of his heart communicated his good success to all his fellow sufferers: Gentlemen on the day this transaction happened, the Major had been purchasing, or rather bargaining for some things for his family, who live in the Bahama islands (and the Major by this prosecution has lost his passage) and he was going to his lodgings, when he was addressed by the prisoner at the bar; the prisoner I believe called him by his name, and asked him how he did, the Major replied he was pretty well, and said to the prisoner, I have seen you somewhere; very likely, says the prisoner, how is General Cunningham and Major Cunningham? these two last, I should inform you gentlemen, were also officers in the continental army, and lodged in the same house with the prosecutor Major Welch, and as they also attended at the Treasury, it was not very wonderful that he should know something about them also: Major Welch replied that General and Major Cunningham were very well; to which the prisoner said, if you will just step with me to the public house, and drink a glass of something, I will go home with you and call on the General, for I know him, he was in America with Lord Cornwallis, and I remember seeing him there; the Major simply enough went to the public house, the prisoner called for something to drink, they had not been there long before a third person came in, they staid there a short time, and this third person produced some papers, and as the Major thought it was something of gambling, he retired and the prisoner followed him, and they went to the house where Major Welch and also General and Major Cunningham lodged; and just as they came to the door, the General and the Major were going out; says the prisoner to Major Welch, I will not disturb them now, they are going to take their evening's walk, I will take another opportunity to pay my compliments to them; upon which Major Welch and the prisoner walked into the house, and the other Major and the General walked out; the prosecutor and the prisoner did not stay long I believe within; but however, they staid long enough for this foolish American Major to furnish his pocket with thirty-four guineas out of his chest, to pay for the things he had bargained for in Holborn; and which he was going home to fetch; when he was met by the prisoner; when they came out to go into Holborn, says the prisoner you are not well, Sir, you had better have a coach; no, says the Major, I am not very well; upon which the prisoner instantly called a coach, and they got in, and the prisoner ordered the coachman to drive to the Bell in Holborn, and the prisoner paid the coach, and they went into a little room at the Bell, and there the prisoner called for some more liquor, and in a short time came in a third gentleman; the Major is not sure whether it is the same third man that came in at the other house; but shortly after this, the prisoner and the other gentleman began playing at A. B. C. Gentlemen, this sort of game called A. B. C. is shortly this, one party marks a letter under a pot or bowl, or something they are drinking out of, that is covered, and you are to guess; the poor gentleman, the prisoner, he lost all his money had but very few good guesses; upon which, he went out, staid a few minutes, and came back again, and then lost all that; then he applied to his new friend, the Major, to lend him a little, and he lent him thirty-two guineas, out of thirty four, that was soon gone, and he applied again; the Major had only two left, he took them, and held them in his hand looking at them; they were his two last guineas; says he, these are all I have got, no, I cannot spare these; upon which the prisoner at the bar (which makes this a capital offence, as my Lord will tell you) snatched these two guineas from him, swept the other into his hands that lay on the table, and he and the other man ran away: Major Welch immediately said, he had been robbed, and wanted somebody to assist to pursue them; the Major knew nothing of this town as we do, for you seldom get much assistance in those houses to which the sharper himself conducts you; however, in short, Major Welch saw no more of this man at the bar for a considerable time, four or five days, but when he did see him, he saw him under these peculiar circumstances; he had not compleated all his business at the Treasury, and he was attending there again, and he saw him sitting in an outer room; he will tell you upon his oath, that he instantly recognized him, he spoke to him, and charged him with the robbery, but the prisoner was very angry at the charge, and they went before Sir Sampson Wright, where the Major positively persisted in making it. Gentlemen, as far as the Major's positive testimony can go, there can be no doubt of the guilt of the prisoner, as far as human recollection can go, whatever may be his character or appearance otherwise; and I shall also call to you General and Major Cunningham, and they will tell you whether they know the prisoner again, and it seems they took some notice, because one said to the other, I wonder who Welch has got with him. Gentlemen, if it should appear to you on the evidence that I have stated this case too strongly; if I have stated to you one fact, or half a fact that cannot be proved to your satisfaction by witnesses, you will not take any thing for proof merely because I have stated it; but you will try this man as you do all others, by the evidence and not by any thing that we say to you; if you find him guilty, you will pronounce him so; if you have any doubt about his guilt, you will acquit him.

* John Watson , a ring dropper, see Part I. of this Session.

Mr. Silvester, Prisoner's Counsel. The indictment is for stealing thirty-four guineas.

Mr. Garrow. There may arise a question on that, but there is clearly forty shillings stolen.

Major NICHOLAS WELCH sworn.

What is your profession? - I am a private gentlemen; I was a Major in the North Carolina regiment; I have been in England since last January; I have been soliciting in the Treasury for three or four months, that occasioned me to attend there very frequently; I used to attend in the outer hall, which is the same hall where

I saw the prisoner; General Cunningham is likewise an American General; he and the Major had likewise business at the Treasury, and used to attend frequently there also, almost day by day; I had received three hundred and four pounds from the Treasury, and I lodge at No. 4, Clerkenwell Close; General and Major Cunningham lodge in the same house.

How lately before the 10th of August, had you received any of that money? - I really cannot recollect the day, it was about a fortnight before I was preparing to leave this country; my family lives in the Bahama islands, in New Providence.

How soon was you to go? - In a few days.

Had you taken your passage? - I had, in the ship Lightening.

What happened to you on the 10th of August? - I had been out bargaining for some clothes and things for the use of my family, as well as I can recollect, it was about six o'clock; I was returning to my own lodgings, and I met with this gentleman, he called himself Mr. Miles at that time.

What day of the week was it? - It was Thursday, the 10th of August, I met him just at the corner of Mutton-lane, adjoining to Hatton-street; Sir, says he, I think I have had the pleasure of seeing your face somewhere; I said perhaps you might; the next thing he said was, how is General Cunningham, and Major Cunningham; I told him they were very well; says he, I have had the pleasure of dining with General Cunningham in New York; says he, he was with Lord Cornwallis in America; I told him he was; says he, will you take a walk somewhere, and drink a glass of something or another to a public house; I told him that I was very sickly, and I did not wish to drink any thing; but he says to me, if you will go and drink a glass of something, I will go with you to see Major Cunningham; by his being acquainted with General Cunningham, he over persuaded me to step over with him to a publick house, opposite to Hatton-street; it was along Hatton-wall; I do not know the name of the house; there were coaches stood in the yard; there we had sixpenny-worth, or a shilling's-worth of rum and water; while we were drinking that, a stranger came in, and pulled out some papers, which seemed as if he had some intention to game, but I did not pay the least attention to what their game was.

Did they converse together? - Yes, they did; then we walked away.

Court. Explain what you mean by it seeming like gaming? - There was money produced from their pockets at the table.

Are you sure as to the fact, whether they had any money there besides the paper? - Yes, they had.

What sort of money was it, that was produced? - It was gold.

Was it produced by one or both of them? - By both I believe, but I am not sure; I am sure it was gold.

Why did it appear to you, that there was gambling going forward? - I really looked upon it, that they might have been acquainted for any thing I knew.

Was any thing said by either of them, that induced you to suppose they might have been gambling? - No, Sir, but by their actions, pulling out papers and gold.

Do you mean by papers, bank notes? - They did so appear to me, but I did not take one of them in my hand; it appeared to be bank notes.

Then when you said paper, you meant bank notes? - Yes, Sir, it appeared so to me.

Did any thing pass in conversation, that induced you to think they were gambling? - Nothing that I heard.

Mr. Garrow. How long did you continue in conversation after the third came in? - A few minutes.

How long might you be there together? - About ten or fifteen minutes.

Who went with you? - Mr. Bachellor; I asked him his name at that time, and he told me it was Miles; his being acquainted with General Cunningham made me ask

his name, to tell the General that I had seen an acquaintance of his.

Who paid for the liquor? - Why I really think he did.

You did not? - No, I did not; we went to my lodgings, No. 4, Clerkenwell Close; he went to see General Cunningham; when we came there, just as we came to the door, the General and the Major were going to take their evening's walk; we met them right upon the step of the door.

Did the prisoner speak to his old friend the General? - No, he spoke to me, says he, as long as they are going to take their evening's walk, I will not interrupt them; they went out, and we two went in together; I went into the room to get a little money to pay for some things I had prized in Holborn; the prisoner went in with me; I took the money out of my chest; the prisoner saw me; it was in a purse; I have the purse in my pocket now.

Court. Did you tell the prisoner what sum of money you was going to take with you? - No.

You told the prisoner you was going to take some money? - Yes, to pay for something I had priced; I took thirty-two guineas in one purse, and I had two guineas in a leather bag; the purse with the thirty-two guineas was in my chest.

Court. Did the prisoner see you take this money out of the chest? - Yes, he did.

Did you count the money? - No, it was in the purse.

Then if I understand you, the prisoner saw you take the purse up, and put it in your pocket? - Yes, he did.

Mr. Garrow. How long might you continue in the room? - But a few minutes; we went out, I was in a bad state of health, I could not walk, upon which the prisoner said, let us call a coach, there is a stand of coaches on the green; and he called a coach, and we both got into the coach; the prisoner told the coachman to drive to the old Bell, in Holborn; there we got out; I was going into Holborn to pay for the goods; the prisoner paid the coachman; then the prisoner asked me to walk in, and drink a glass of something with him; we went into a little room on the ground floor; it was a little room across a little court.

What side of the gateway? - It was the right side of the gateway; he called for sixpenny-worth, or a shilling's-worth of rum and water, I do not know which; while we were drinking that, and after we had been in the room a few minutes, in came this same man that was with us at the first house, or another.

Court. Can you say it was the same man or not? - I cannot be positive.

Mr. Garrow. What do you think? - I rather think it was; when he came in, the two gentlemen got to gaming; they had chalk, and a mug, or a quart pot.

Who had the chalk? - I really cannot say which, it was in his pocket; they made A B C, under a pot; it was not the thing that we had our drink in; I am sure it was a pot, about a quart pot.

Court. How did it come there; was it sent for by either of them? - I really do not know; they took the pot, and they set upon a particular letter.

Who made the letter? - I am not positive which of them made the letter.

What letters were made? - A B C.

Where were these letters made in chalk? - They were on the table; then they pulled out their money, and were gaming; and they put the pot on one or other of the letters; and the other party was to guess what letter it was, if he guessed right, he was to win so many guineas; if he guessed wrong, then he lost.

How many letters had they on the table at one time? - All three.

Were they to guess as to the whole three, or one at a time? - One at a time.

If I understand you right, they were to shift the pot from one letter to another, and if they guessed the right letter that

was under the pot, they won? - He that put the pot down was not to look till he guessed.

Was he to turn his back? - He was to turn his head away on one side, and not to look till he had guessed.

Mr. Garrow. Did the same man always keep the custody of the pot; or did they alternately change the pot and guess? - The prisoner was always on the losing hand; there was six or seven guineas at a time staked; then they doubled their stakes; he still continued losing.

Court. Did you see money pass between them, when they lost? - Yes, their money constantly lay on the table.

As the betts were made and lost, did you see the money constantly paid? - Yes, it was always paid.

Did you always see the prisoner pay the money to the other? - Yes, Sir, he moved it from his heap, to the heap of the other.

How long might they go on at this rate? - It was but a short time.

How long? - I do not think it was above eight or ten minutes.

Did they double their stakes every time they played? - I cannot say that, but I am positive that they doubled them towards the last; the prisoner, as I observed, was always on the losing hand; he lost all the money he apparently had about him, and he went out of the house for two or three minutes; when he returned, he produced guineas in plenty, twenty or thirty, or more; when he came in this time, he lost that at two or three guesses, at the letters again; he then asked me to lend him some; I lent him the thirty two guineas at twice or three times, as he asked me; that was all that was in that purse; he lost that, and says he to me, you have some more money; then I took out this little leather bag out of my pocket, and I told him I had but two guineas in it.

Did you take it out of the bag? - I took it out of the bag, to convince him that I had no more; he snatched it out of my hand.

Did you lend it him? - No, I refused it; says I, Sir, this is all I have, and I cannot spare it; he snatched it out of my hand; says he, this will do; there lay all the money on the table, that they were both gambling for; then he swept all the money off the table into his hand, and put it into his pocket; I am sure it was the prisoner that did it, and they both made to the door together; they went out to the door; I stepped to the door as quick as I could; I met with the landlord at the door; his name is Garwood; I asked him which way those men went; he said, he saw no men; that was instantly after they went out; I told him I was robbed; I never stirred any more after him that day; it was very late.

Court. How late was it? - I really cannot recollect, it might have been seven, or half after.

How long do you think you was in the company of the prisoner? - I dare say, first and last, it was an hour and a half.

Had you an opportunity during that time of observing his countenance and person? - I had certainly; and riding in the coach, and going to General Cunningham's together, and in the house where I was robbed.

How soon afterwards did you see him? - I gave information next day at Bow-street.

How soon afterwards did you see the prisoner? - I searched after him on the Friday, and the Saturday; and the Monday following I had occasion to be at the Treasury to see my agent; I was just going off there, I saw the prisoner.

In what circumstances, and where did you see the prisoner on that day? - I saw him in Whitehall, in the Treasury office, in one of the outer rooms; I stepped away to him; I immediately knew him as soon as I saw him; I spoke to him, Sir, says I, I have seen your face before; I am acquainted with you now.

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

Reference Number: t17860830-81

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 30th of AUGUST, 1786, and the following Days;

Being the SEVENTH 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 VII. 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 Richard Bachellor .

Alluding to what he said to you? - Yes, and he got into a passion, and talked very high; says he. I do not know you, nor any thing about you, Sir; he seemed to speak very loud.

Are you sure now that at the time when, he so talked big and high, you had said no more to him, than what you have stated? - Yes, Sir, I am, I called him on one side, and I mentioned it to him, and asked him if he would be so kind to give me my money again, and I would say no more about it: he then told me he had some business at the Treasury with Mr. Rose; but I will not wait, says he, I will go to the Justice's with you immediately.

Did you go together to Bow-street? - Yes, Sir, to Sir Sampson Wright 's; I informed Sir Sampson how the matter stood, and he took bail for his appearance on the Wednesday following, at eleven o'clock; we met there; then the prisoner came, and then he was bailed to take his trial here.

Be so good to look at him, and tell us upon the oath you have taken, whether you have any doubt that that is the man that got your money? - Not any at all.

Have you ever entertained any doubt? - Not at all, I am positive of it.

Mr. Silvester, prisoner's counsel. When you came to the Treasury, you went up to Mr. Bachellor, and told him that you knew him, and you took him on one side, and told him, if he would return the money, you would say no more about it; he told you that would not do for him, he was in the employment of government, and he had some business with Mr. Rose; I believe he was pretty riotous, and insisted that you should go to the Justice's? - He was very willing to go.

Did not he insist on your going to the Justices? - He said he would quit the business with Mr. Rose, and go to the Justice's.

Did not he insist on going? - He seemed very willing to go.

Did not he take you by the collar, and desire his friends to assist in taking you to the Justice's? - No, Sir, he did not.

Who went to the Justice's, you and he quietly? - There were two other gentlemen went along with him, and two of my acquaintance followed behind.

He did not tell you that his reputation was at stake, and he insisted on going before the Justice, to clear that character up? - No, Sir, he did not mention any such thing to me.

Give me an answer, Mr. Major. - He said, I will let my business alone, I will

drop my business with Mr. Rose, and will go to the Justice's with you.

Why you know it was his offer, not yours; you would have dropped it? - No, my dear Sir.

Do not call me dear Sir, for I hate the expression. - I would not have dropped it, we got to high words, then he said, I will quit the business I have with Mr. Rose, and we will go to the Justice's.

You told the story exact? - Yes.

Do you mean accurately to say, that that man was bailed? - He was bailed.

I do not mean to entrap you, now I will caution you. - He was bailed to meet on the Wednesday following.

Court. What was done that time? - There were gentlemen that came and bailed him before Sir Sampson Wright , and told me that we must meet on the Wednesday following.

Who were those gentlemen? - I was not acquainted with them.

Mr. Silvester. You perfectly understand what I mean by being bailed, I mean persons giving security for his appearance: do you mean he gave security for his appearance on the Wednesday following? I think I cannot put it plainer. - Sir Sampson Wright said he is bailed, you had better meet on the Wednesday following, and you will both consider of it; and he was bailed till the Wednesday following.

Court. After this was any security given by the prisoner; or did you meet in consequence of this? - The prisoner gave security.

Do you mean to swear that? - Sir Sampson Wright told me that; for Sir Sampson on asked if they were sufficient for his appearance.

Mr. Silvester. Did not Sir Sampson Wright tell you, Mr. Welch, this man is going to have employment under government, his reputation is at stake, take care what you say? - Yes, yes, Sir Sampson did say so.

Did you hear anybody examined that day? - No, Sir, I did not; it rested singly upon me at that time.

Did you afterwards call in any body else? - I did.

When was that? - It was the Wednesday following.

Who attended for you on the Wednesday? - General Cunningham.

Who else? - There was none else that was acquainted with me; Major Cunningham was not acquainted with me.

Who else attended? - Nobody else on my behalf.

Do you mean to say that now? - Yes, I do.

Did you produce any body else after? - No, Sir, I did not.

Did Sir Sampson Wright send for any body else? - Sir Sampson sent for the waiter, at the Old Bell, in Holborn .

Who went for him? - I went for him on the Monday.

Was the waiter examined on the Monday? - Yes, Sir, he was.

Then how came you to tell this gentleman, that it rested on your evidence singly? - I mean my acquaintance that were on my side.

What business might you be before you was in the army? - I was a gentleman always, I had a fortune.

Was you any business? - No: I meant on my side of the question, I did not mean of the prisoner; I went for the waiter on the Monday he was examined.

What did he say?

Mr. Garrow. I object to what he said.

Major Welch. Sir Sampson asked me if I knew of any body, and I said the waiter; he sent me for him.

How came you then but a few minutes ago to tell these gentlemen there, that there was nobody examined on Monday, on your part? - I fetched the waiter, and produced him as a witness to prove whether he knew him or not.

How could you tell these gentlemen, that there was nobody examined on your part on Monday? - I understood or meant by it, that there was none of my friends or acquaintance examined at that time.

How came you, but two minutes ago;

to say there was no man examined on your part? - Because there was none of my acquaintance; this waiter was a stranger to me, Sir Sampson Wright sent for him, and I went for him.

You are sure it was about six, I think you say? - Yes, Sir, as near as I can tell, or between six and seven, I am not positive, I had no watch.

Had you ever seen that man before in all your life? - Yes, I have, I think.

You did not know where Mr. Miles lived? - I did not ask his name when I saw him in the Treasury-office, but I did when I met him.

How came you to lend him thirty-two guineas? - Upon account of his being acquainted with General Cunningham, and dining with him at New York, and his being a particular acquaintance with Lord Cornwallis in America.

It is very odd you did not introduce your good friend Mr. Miles to General Cunningham? - I thought he was better acquainted with him than I was.

Mr. Garrow. You did not reckon the waiter a witness on your part? - No.

That was what you meant, when you said there was no witness on your part? - Yes: I did not fetch him of my own head, the Justice told me: I had seen the prisoner at the Treasury before he accosted me in Mutton-lane.

Are you sure of that? - I am positive of it.

Gen. ROB. CUNNINGHAM sworn.

I commanded the militia as General; I bore that rank in the provincial army.

How long have you been acquainted with Major Welch? - In the year 1779: we have both been some time in England, and had business at the Treasury, and lodged at the same house. On Thursday the 10th of August, about five in the evening, I met them at the door, as I was going to take a walk with my cousin Major Cunningham.

Who did you meet? - Major Welch and another man; Major Welch turned about, and spoke some words, the stranger spoke nothing; I cast my eyes steadily on the stranger, I saw something lusty and brave in the man, which drew my attention and after we went out of the door, I said to Major Cunningham, what good looking man is that with Major Welch? and we took our walk, and returned in the evening; I saw Major Welch that evening and on the Wednesday following, I waited on Sir Sampson Wright.

Did you see any body at Sir Sampson's that you believed to have been at your quarters? - Yes, Sir, I saw the prisoner; he was not pointed out, but I cast my eye round, and said to my cousin, that is the man that was at our quarters.

Will you be so good as to look at the prisoner, and tell us now whether you have a recollection of his person? - Why certainly he has all the appearance that that man had that passed into my quarters; but the time was so short, I think I must reflect on myself, if I should so far fix it, to ground a charge improperly against a man; but he has certainly all the appearance that that man had.

Then I am to understand that you do not swear positively that he is the person? - I do not.

Do you believe it? - In my own mind I certainly do; one man cannot appear to me so like another as that person does; he had a hat in his hand, I did not see whether it was a round or a cocked hat; I did not see him more than two or three seconds; the Magistrate to the best of my recollection did not swear me, but I gave the same evidence as I give to you.

You was not bound over? - I was not.

Court. You say it was near five? - Yes; I cannot say whether it was half an hour before, or half an hour after.

Mr. Garrow. Where is your relation the major? - He is at home sick, he does not know the prisoner.

JOHN GARWOOD sworn.

I keep the Bell, in Holborn; I remember

Major Welch's being at my house the 10th of August.

Do you remember his coming out to you? - He did not come out to me.

Do you remember his complaining he was robbed? - He said he had lost some money.

Was that room a part of your dwelling house? - It is.

Your name is John Garwood ? - Yes.

Court. What was it that Major Welch said? - He asked me where those two men were; I told him I did not know; he told me then that he had lost four and thirty guineas.

What were the words that he told you? - That he had lost four and thirty guineas: I said to him, Sir, if you had made the least resistance in the world, there was people enough in the yard would have assisted you.

Is this room, where Major Welch was, a part of your house.

Yes, it is in the yard, where passengers go in, it is a part of the dwelling house on one side of the yard.

Mr. Silvester. You told him there were several people would have assisted him? - Yes, there were enough to assist him, there are nine or ten coaches go from my house; I did not serve the people with liquors, I came out of the cellar fetching up some liquors, and I saw him in the parlour, and he called me in.

Mr. Silvester. Can you recollect the hour? - As near as I can guess, it was near five, or thereabouts, more or less.

Mr. Garrow. Are you sure it was not fix? - No; it was on Thursday.

THOMAS BURTENWOOD sworn.

Do you remember Major Welch being at your house? - Yes.

Who was with him? - A lustyish gentleman came in with him; the gentleman called for a shilling's-worth of rum and water; when I took it in, there was a third, he paid me for it, and I came about my business: I saw no more of them till they went out; they came out into the yard and parted.

Who came out and parted? - The last man and Mr. Welch.

Where was your master at that time? - In the opposite room.

They shook hands and parted, did they? - Yes, in the yard.

Who was this lustyish gentleman? - They call him by the name of Horne.

You know him, do you? - I have seen him before.

Does he frequent the Bell? - No, Sir, not often: the other gentleman's name is Wright.

Have you seen him often there? - No, Sir, I cannot say I have.

Have you seen them there together? - I have.

What did you see on the table when they were all gone? - Nothing at all.

Any chalks? - No, Sir, there were no chalks.

Who paid the reckoning? - That third person, I told you.

You do not upon these occasions trust? - We do as we please.

What became of the third gentleman? - I do not know, I did not see him go at all: Major Welch spoke to my master; in the course of five minutes, Major Welch returned to the room, after he had parted with that gentleman, then he turned about, and came to the door, and as he was standing at the door of the room, he beckoned him over.

You was examined in Bow-street? - I was.

Did they take your examination in writing? - Sir Sampson took the whole of it down.

Mr. Silvester. You are the waiter? - I am.

You know the two men who were with Major Welch? - Yes.

Now upon the oath you have taken, was that gentleman, Mr. Bachellor, one? - He was not.

Jury. Look at the gentleman. - I have looked, and I am ready to take my oath that is not the gentleman, nor he never was in our house before, nor I never

saw the gentleman till he sent for me about this affair at Bow-street.

Mr. Garrow. He is not at all like Horne perhaps? - Not at all in person, nor like the other man.

Mr. Silvester. What o'clock was it? - To the best of my remembrance it must be about five.

PRISONER's DEFENCE.

I am sorry to take up the attention of the Court a single second longer than is necessary; but being placed at this bar in the situation I now stand, charged with a fact I am not guilty of, I hope I shall have the indulgence of the Court and the Jury, and I have not the least doubt but I shall receive that justice which I shall be found to deserve. I shall be much obliged to your Lordship to order me a little wine and water, I am very faint.

Mr. Silvester. If you are faint, the Court will order you a chair.

(A chair ordered for the prisoner.)

- BEAUFOY, Esq; sworn.

The prisoner was with me from about half after four till five, on Thursday, the 10th of August; I am clear in my recollection of the day, because it was the day for the election of directors for the newly incorporated society for directing the fisheries: being myself a director of the society, and having taken in parliament an active part in the business of the fisheries, I arrived in town about eleven on that morning, Mr. Bachelor called upon me on business of a public nature: I told him, I could not attend to him at that time, as I was preparing to go out, but I should be glad to see him at half after four; I was detained by the society till a quarter before four, I returned to my own house about four, and went to dinner, and I had nearly finished my dinner when Mr. Bachellor came; there was a gentleman with me at the time, who was secretary to the society, his evidence and the evidence of my servant, will, I should suppose, corroborate my own.

Jury. We do not put the gentleman on his defence, we are all satisfied.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Mr. Sheriff Watson. The Jury have given their verdict now, and I think it is but a justice due to the prisoner, to say, that Mr. Sheriff Sanderson, who knew him well, has taken the pains to write to me on the occasion, and he informs me that he has known him long, and many years to have been a Brewer , and has dealt with him to a considerable amount, and that though he had the misfortune to fail, he failed with reputation, and had Mr. Sheriff Sanderson been in town, he would have appeared in his behalf.

Reference Number: t17860830-82

743. THOMAS COLES was indicted for feloniously stealing, on the 26th of July last, six ounces weight of green tea, value 2 s. the property of the East India Company .

- LEE sworn.

On Tuesday, about four o'clock, looking round the warehouse to see if all was right, I saw a chest that I was suspicious would be plundered, I set some of the officers to watch it.

JAMES BARKER sworn.

I am a labourer belonging to the India Company; I was ordered to attend by one Mr. Barley, to watch the warehouse where the chest of tea was placed: about a quarter before three, the prisoner came whistling in, he passed me twice, the third time he came to the chest, it was piled three high, there was another stood by the side of it, the top chest was open, and the third time he put his hand and took out some tea; the chest that stood by the side he put his foot on, to reach the tea from the upper chest, he put it in his coat pocket, loose as he took it, after he had done that he put the lid down again very carefully, and walked about three yards, and then I collared him, and he said, for God Almighty's

sake, let me go! I shall lose my bread: and so shall I, says I, if I let you go: I took him down to the compting-house, and there he was searched by Mr. Howell, and the tea taken from him, it was hyson tea, I saw him with his hand to his pocket, to throw out the tea, and I prevented him.

Mr. Garrow, prisoner's counsel. Mr. Barker, was you here last session? - No.

Did not you know the prisoner? - I did not at that time.

Now, Mr. Barker, did not your rubber down prevent your going out Crutched-friars way? - No, I never was refused going out that way.

The first time the prisoner came into the warehouse, he came in whistling? - He did.

Did he see you? - No, he did not, nor would you neither, if you had been there.

Where was you hid? - I was behind six chests.

What was the value of this great quantity of tea? - Two shillings, weighing six ounces and a half.

You are quite sure it was worth two shillings? - It was so valued.

Court. Did you know the prisoner's person? - I did not know him, but he told me he was an excise locker, and that it would be his ruin if I stopped him.

You say he had nothing to do with you? - He had not; we must have leave from the elders, and the prisoner is a rubber down , and we cannot go out without first going to be rubbed down.

EDWARD HOWELL sworn.

I am a king's-officer belonging to the East India Company, I was sent for to come to the compting-house.

Who was there? - Drinkworth and Barker, and the prisoner: I searched Thomas Coles , and I found some tea loose in his pocket.

Was it green tea? - Yes, my Lord, and it weighs six ounces and a half.

(The tea produced.)

Do you know the prisoner? - Yes.

What is he? - An assisting locker.

By whom are they appointed? - By the commissioners; he had been assistant locker for a fortnight or three weeks.

Court. If any tea is found loose upon the chest, what do you do with it? - Let it remain upon the chest, and acquaint the elders of it.

Mr. Garrow. You say, you lockers have nothing to do with the loose teas, but to acquaint the elders? - We have not.

Now, Sir, you say he was a young locker, in course he had a right to take that tea to the elders? - He might do so, but Mr. Barker stopped him upon the spot.

ROBERT DRINKWORTH sworn.

I am constable, I apprehended the prisoner with six ounces of tea in his pocket.

PRISONER's DEFENCE.

It was some loose tea, which I thought it my duty to scrape up, and carry to the elder.

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

GUILTY, 10 d.

Privately whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-83

744. MARY DAVIS was indicted for feloniously stealing, on the 7th day of August , two quart pewter pots, value 2 s. the property of John Hopkins .

The prisoner was taken with the pots under her cloak.

GUILTY .

Privately whipped and imprisoned six months in the house of correction .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-84

745. EDWARD HALL was indicted for feloniously stealing, on the 1st day of

August , one book, bound in red leather, value 1 s. the property of Edward Eacott .

WILLIAM EACOTT sworn.

I live in Bridgwater-square. On the 1st of August, I lost a book bound with red leather, I was going from London-bridge to Coal-harbour , I was going to see the men start; I was informed my pocket was picked by the prisoner; I laid hold of him, and took the book from him, as he was putting it in his side pocket.

(The book produced and deposed to.)

GEORGE BROWN sworn.

I am a journeyman carpenter and joiner, I saw the prisoner take the book out of the prosecutor's pocket.

PRISONER's DEFENCE.

I was coming along, and picked up the book.

Brown. I saw him take the book out of Mr. Eacott's pocket.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-85

746. THOMAS HARWOOD was indicted for feloniously stealing, on the 26th day of July , three linen gowns, value 15 s. one stuff ditto, value 4 s. three shifts, value 6 s. and three aprons, value 3 s. the property of Pamela Clarke .

PAMELA CLARKE sworn.

On a Wednesday in last month, I was standing at the back of the Exchange , between eleven and twelve; I was going in the country with my mistress, and the box was on the ground alongside of me, and soon after I set down the box, the prisoner took my direction, and said he would shew me the coach, and said this man will take care of your box; he asked me where I was going; I told him in the country; Oh! says he, I know where you are going, I know you very well; and he took my direction, and ran away with it; I ran after him, and laid hold of him, and he shook the paper at me first, and then threw it at me; and the other man ran away with the box; the prisoner wanted me to let him go; and he would shew me the man that had the box, but I would not let him go: I never saw my box till yesterday.

Where did you see it? - At my master's: the box contained four gowns, three shifts, and four aprons.

Are they all in the box now? - No, they took half of them out.

What did you do with this man when you had hold of him? - I gave him up to the constable.

Mr. Peatt, prisoner's counsel. What did you go to the gaol for? - I went to the Compter with the Jew constable, they offered me forty-five shillings, but I would not take it.

Court. Who offered it? - The prisoner.

DANIEL DANIEL sworn.

On the 26th of July, between eleven and twelve, a number of people was crying stop thief; among the rest was the prisoner at the head of them; I laid hold of him; he asked me for what; I then instantly perceived this black woman; she was also calling stop thief; I then asked her who she belonged to, she said to Mr. Aquillard; the prisoner made several attempts to get away, I told him I could not let him go; the prisoner said he knew nothing of the man that took the box: in the interim, Mr. Turnbull came past, and he assisted in taking the prisoner. The prisoner had an apron on with the resemblance of a ticket porter, with a brown coat and white buttons: I should have trusted to him. I took the prisoner to the Compter; the woman was very much frightened, nobody could make sense of what she said.

WALTER TURNBULL sworn.

On the 26th of July last, I saw several people running, and this black woman laid hold of the prisoner, he seemed to struggle; seeing the black woman very much

alarmed; I told her to take him to the compter, and I would pay the expence of the prosecution; the prisoner was very angry with me, and said, he would thrash me; the prisoner was taken before my Lord Mayor, and committed; he then attempted to make a blow at me.

JOHN HALL sworn.

I stood by the black woman, and the prisoner; they were talking; I saw her set down the box, and the prisoner and another man came up; the prisoner brought the direction to me from the black woman and desired me to read; I told him, I could not, I did not chuse it; I did not see the box taken away; I saw no more.

DAVID LEVY sworn.

I was at the Compter when the prisoner was brought in; he told me, if I could leave him an hour, or half an hour in the Compter, he did not know but he might get a person to bring the box back again, and he said before the Lord Mayor, that he heard the box was brought home, and sent to the gentleman's house; but the box was not sent home, and the prisoner was committed; I saw the black woman at Guildhall, and she said, she had been to the Compter, and they would not let her see the prisoner, and I went with her to the Compter, and she said to the prisoner, you promised me forty-five shillings

Who brought you here as a witness? - Mr. Daniel and Mr. Turnbull left word at my house, that I must be here on the trial, and they left directions at the Poultry-compter.

Court. How could he promise her forty-five shillings, he had never seen her before? - I cannot say any thing about that; she said to the prisoner, you are to give me forty-five shillings.

But you said just now he had promised her forty-five shillings? - She said, you have promised me forty-five shillings, upon my word and oath; ask the woman herself, if she has a mind to say so.

Pamela. I deny it.

Levy. It is truth.

ISAAC AQUILARD sworn.

The prisoner is a servant of mine; I know nothing of the robbery; this Levy and a few more of his comrades said, if I would give something to the woman, and endeavour to soften the evidence.

Levy. I never spoke a word to you.

Court to Aquilard. Relate what this man said? - I went to my butcher's to order some beef, and this man was there, and a parcel of Jew people, and he came round, and said, if you will take the trunk, he said, if you will give us something for our trouble and make it up; I said, I cannot say any thing about it, and the trunk was sent to my house the next day; the Jew constable asked me if I would take the trunk and give the woman something to make it up.

Levy. As I stand here upon my oath, I never offered to the gentleman; there was a wedding in Duke's-place, at the butcher's; I was employed as constable; the gentleman came and ordered some meat; says he, have you found any thing of the box? says I, no; says he, if I could but get the box, I would no hurt any body.

Did not you say what Mr. Acquilard has said? - I did not say thing at all about sending the box, for I did not know any more than he what was done with the box.

Court to Prosecutor. Was any body else that you know present at the time? - There was the butcher's man I believe that I believe brought the trunk.

Court. If there was a second witness that is present, I shall order this man to take his trial for perjury? - If I was to be hung up now directly, it is false what the gentleman has said; I shall speak the truth, so help me God.

Court. Who brought this man here as a witness.

Turnbull. When there was an examination yesterday before the Grand Jury we found this constable was not with us on the back of the bill, and this gentleman wished to have him, as he knew something about the box.

PRISONER's DEFENCE.

Gentlemen, this woman came to me the first time; I was washing myself, and the turnkey says to me, there is a black woman enquiring for a prisoner; she went away, and came back with Levy; she said to me, if you will give me forty-five shillings, the money my master lent me to buy my clothes, I will not trouble my self about you, or else I will hang you; I never exchanged two words with the constable.

Court to Levy. Upon your oath, who took the trunk to Mr. Acquilard's? - Upon my oath, I do not know; I do not know the butcher's boy.

Daniel. The constable told me he knew the prisoner very well.

Court to Levy. Who was the man that was with the prisoner? - I cannot tell you.

Upon your oath, do not you know the man that took the trunk? - No, my Lord, I do not, if I did I should have told; I never wronged nobody of a farthing.

The prisoner called one witness, but his counsel declined examining him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-86

747. SAMUEL GREENOUGH and GEORGE BENTLEY were indicted for feloniously assaulting John Judson , in a certain field and open place, near the king's highway on the 11th of July last, and putting him in corporal fear and danger of his life, and feloniously stealing from his person and against his will, a silver watch, value 4 l. a silk watch string, value 12 d. a steel key, value 1 d. a pair of silver shoe buckles, value 10 s. a pair of silver knee buckles, value 2 s. one half guinea, value 10 s. 6 d. and two shillings and sixpence in monies numbered, his property .

JOHN JUDSON sworn.

I was robbed on Tuesday the 11th of July last, at half past nine in the evening; going from Bethnal-green to Mile-end ; nobody was with me; going into the field I saw two men: I immediately turned round and saw another come from the opposite side of the way; a labouring man I supposed him to be; one of them appeared drunk; he turned his head round, and said, you are done, Sir, you are done; I immediately turned round, and said to this man that I supposed to be a labouring man, that man has drank more than he has bled to-day, he said, yes, Sir, he has; I went on and heard a hallooing from each end of the field, I turned round, and saw a man, about twenty yards behind me; I thought I was very safe; I walked on till I entered the second field, and I had got about halfway of the field; I saw three men enter the field, meeting me; I had no apprehension of fear or danger; I heard them conversing together; they were talking about the hour of the night; when I came close to them I was laid hold of by one of these three men that met me, who immediately made use of the word now if you speak a word you will be a dead man; in the confusion I was in, I cannot charge myself with what I said, but I am sure I said something, and I immediately received a blow in my mouth, and whether I was shoved down I cannot say, but I fell down immediately on my back; my watch was immediately taken from me, my money was asked for, and I gave it; the labouring man came up which startled the three man, and they left me in an instant, but turning short round, and only seeing one man, they told me to pass by and take no notice; he ran away very fast, and they returned to me again; one of them which was the man that held the cutlass, said, is his buckles silver? I do not know whether any body answered, but immediately one of them took my shoe buckles out, and then my knee buckles, which were silver; they said I should meet two more of their companions, and I had the presence of mind to ask them what I should

say, for they had got my all, and they told me to wish them a good night, and they would let me pass; I got up and went to Stepney, and got four or five men armed, with lanthorns and candle, and went in quest of them till near one in the morning, but found nothing of them.

What sort of a night was it? - A very fine moon-light night; I believe it was full moon.

Did you see any of these men so as to know them again? - Yes, the shortest of the prisoners, Greenough, was the man that held the cutiass.

Are you sure of that? - Positive, very positive; I will give you a reason; one of them says, b - st him, he sees us, he will betray us, cut off his head; in giving them the money, I dropt the half guinea, and one of them says, the b - g - r is dropping the money, cut off his head; from that time I shoved up my hat, and I never took my eye from Greenough; he had a very bright cutlass in his hand.

Were your eyes fixed on the cutlass or the man? - On both; he did not offer to strike me with it.

Can you undertake to say positively that he was one of the men? - Yes, positively.

Do you know any thing of the other prisoner? - I have my doubts about the other.

How soon after were they taken up? - I believe it was near a month; I gave information on the Friday following at Mr. Justice Wilmott's office; none of my property was ever found.

Can you undertake to swear to a man that you never saw before, and seeing him in the hurry of this transaction to swear to him at a month's distance? - My Lord, I can; I described him the very man he appears at the bar; I also described him at Justice Wilmott's office; before he was brought to the bar, I described him.

JAMES SHAKESHAFT sworn.

The prisoners were brought up as disorderly on Tuesday the 8th of August; they were searched; and Bentley's lodgings, but nothing was found.

James Harper and John Armstrong assisted in the apprehension, but found nothing.

Court to Prosecutor. I do not understand that you have any knowledge of the person of Bentley? - No, my Lord; there is one Brown who was admitted a s an evidence by Alderman Le Mesurier.

WILLIAM BROWN sworn.

Court. Do you know the person of the prosecutor, Mr. Judson? - I know him by sight.

Look round and see if you see him? - That is the gentleman; I saw him the night he was robbed in Globe-lane fields, between nine and ten; we were coming down the fields and we met this gentleman.

Who was in company with you? - Samuel Greenough and William Thompson ; we stopt the gentleman and held him by the collar.

Who laid hold of him? - I did, and please you.

What did you say to him? - William Thompson and I told him to demand his money, or some such a word.

What else did you say? - I said no more; he made an uproar, and did not consent to give it; Thompson said some word; he made an uproar, and I happened to have a stick in my hand, and I hit him with the stick, and Thompson shoved him down; then Mr. Thompson took his watch out of his pocket; then he took his shoe buckles out of his shoes, and I took one of his knee buckles, and he gave Thompson his money; after that Mr. Greenough said to him, as you go you will see two more of our comrades; and says the gentleman, what shall I say to them? says Greenough, tell them how you have been used, and they will not do any thing to you, but let you pass.

What weapons had you? - Greenough had a cutlass, and I had a stick; a man came up while we were robbing him,

and Greenough said, if he made any disturbance, he would cut his head off; he did not meddle with him; the man went on about his business; that was just as we were taking the buckles from him.

When was you taken up? - The day before yesterday.

What became of the watch? - That was sold in Petticoat-lane.

Who to? - To one Mrs. Levi in Frying-pan-alley, Petticoat-lane, and the shoe buckles, the knee buckles were pawned by Greenough or Thompson.

Did you tell that before the Magistrate when you was examined? - Yes.

Did the Magistrate send to enquire after the watch or buckles?

Armstrong. My Lord, they are such sort of people, they never will bring a thing to light; they go into the smouch pot; I spoke to her before this youth was taken up, but she said, she knew nothing about it.

Court to Judson. Have you any recollection of the person of Brown? - No, I have not.

Prisoner Greenough. I have nothing to say.

Have you any witnesses? - No.

Court. How came Bentley to be brought here.

Mr. Garrow. I am counsel for him, but every body has said, he was not one of them, and I have witnesses to prove him a most irreproachable character.

Court. Let me see the informations that have been taken in this case.

(Handed up.)

Court to Prosecutor. Have you always given the same account of this matter that you have done to-day? - I believe nearly so.

Recollect yourself? - I do not know that I varied a word.

Have you never said that Bentley was one? - I think he was the person, I said, I had my doubts about him.

Then your certainty with respect to Greenough arises from the information of Brown? - No, my Lord, because I positively swore to him.

Court, (reads the information.)

"Says,

"he was stopped and robbed in the fields

"by three men, and that Samuel Greenough

"and George Bentley the prisoners

"now under examination were two of the

"three men that robbed him, and that the

"said George Bentley seized him by the

"collar, and said, now one word and you

"are a dead man, and he immediately received

"a blow, and he was knocked

"down, but by which of them he does not

"know; says, that the prisoner Bentley

"said to the other prisoner the b - g - r

"looks at us, cut off his head."

Court to Jury. Gentlemen, I take notice of this before you give your verdict, to shew how extremely uncertain the evidence of the prosecutor is; there before the Magistrate, fixing it on Greenough and Bentley, and now coming into Court and upon the evidence of the accomplice changing his account, and fixing it on Greenough only, this changes the degree of his certainty, with respect to Greenough.

The Jury conferred a minute, and gave a verdict BOTH NOT GUILTY .

Court to Prosecutor. I cannot fulfil my duty, without reprehending very much your conduct in this transaction; if this man Brown had not been taken up two or three days ago, before the trial of these prisoners, you might rashly have taken away the life of a man that you now believe to be innocent, that is Bentley; you therefore were very rash in positively charging a man against whom you cannot now support that charge, and that rashness has been the means of discrediting your evidence, with respect to the other prisoner, of whose guilt there is not much reason to doubt.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-87

748. ANTHONY LEAR otherwise SEAR was indicted for that he, on the 22d

day of August last, feloniously did assault Ann Collins , spinster , and her the said Ann against her will, feloniously did ravish and carnally know .

The Jury not believing the evidence of the prosecutrix, and it appearing from the deposition of a surgeon who examined her, that she had the venereal disorder at the time she alledged the fact to have been committed, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-88

749. ELIZABETH REEVES was indicted for feloniously stealing, a piece of cloth, value 10 s. the property of - Fieldsend , privily in his shop .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-89

750. GEORGE WARWICK was indicted for feloniously stealing, on the 14th day of August , one linen bag, value 12 d. one saddle, value 15 s. two bridles, value 12 s. the property of John Norman .

The prisoner was taken directly with the property upon him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-90

751. ANN HUGHES was indicted for feloniously stealing, on the 30th day of August , one piece of muslin, containing eight yards, value 30 s. the property of Joseph Railton and William Woollett , privily in their shop .

WILLIAM WOOLLETT sworn.

I am a linen draper ; my partner's name is Joseph Railton; I live at Holborn-bridge ; I was up stairs at tea, about a quar- after six; I left only one person in the shop; when I came down stairs I found the prisoner in the shop; I will swear the woman; my apprentice and shopman came down about three minutes before me; I found Benjamin Jones endeavouring to sell her some muslin for an apron I passed by them, and came into the compting-house; there was a piece of plain muslin on the counter; I understood they could not find any thing fine enough; Benjamin Jones and Edward Lewis were there together, they were endeavouring to persuade her to have a fine ell-wide muslin, and to make it the contrary way; the prisoner said, she would endeavour to make that do; we had a very fine piece of ell-wide muslin; we could not find it; my servant came to me into the compting-house, and asked me if I had seen the muslin that day, I told him I had; I examined the wrapper in which it should have been, which was the wrapper I opened, it was not there; I examined several other wrappers; I then accused the prisoner immediately with the thest; she moved about a yard and a quarter from the muslin; she stepped to the counter, took up three pieces of muslin from the wrapper, gave them a shake, and pulled the other from under her left arm; I examined the wrapper particularly, and am sure it was not there; she had a black cloak on, and the other three pieces fell on the floor with the piece that had been missing.

Was the situation of her body in such a direction that you could see the piece fall from under her arm? - Yes, I can swear to that; I saw it with my own eyes; I am very sure it did not fall from the counter; she was very dextrous in taking it from under her cloak.

In the dropping of it, did she employ one hand or two? - She took it from under her left arm; I think she pulled it with her right hand.

Do you speak with certainty as to that fact? - Yes, I believe I can; I believe she threw it down with her right hand; she was charged with the constable; I took the piece up immediately. (Produced.)

There are eleven yards of it; I did not know the quantity when I was at Guildhall, I thought it had been eight yards; there is my private mark, which is E. H. five quarter; it is a very particular fine one; we had never another of the same quality; that was the reason it was so particularly enquired after.

Mr. Garrow, Prisoner's Counsel. This was the finest piece you had in your shop? - Yes.

The prisoner called your attention to it and that of the shopman's, by being dissatisfied with the fineness of all the others? - Yes.

What sort of a cloak had she on? - I cannot tell the length.

Cannot you distinguish a long cloak from a short one? - It was a middling sized cloak.

Do you recollect the terms in which you accused her of having robbed you? - I told her, I believed she had got a piece of our muslin, on which she came to the wrapper.

What did she say when she took up the other pieces? - I cannot say.

Do remember her saying, I dare say, Sir, if you examine accurately you will find it? - She did say something to that purpose; she took them up in a very confused manner.

She had not at that time gone out of your shop at all? - No.

Was there any stranger in the shop? - No, none at all; there were more than thirty different pieces of muslin in the wrapper; I looked them over very minutely, I suppose we were five minutes looking them over, two or three of us; she wished to go very much.

What family has that woman besides that infant that is at her breast? - She said, she had four children.

BENJAMIN JONES sworn.

I live with Messers. Railton and Woollett; the prisoner came into our shop at about quarter past six, and asked for a yard of yard and half wide muslin; I asked her to walk in, and I would shew her some.

When she came in was the other servant in the shop? - No.

Before the other servant came into the shop, was there any of the property about the counter or loose any where? - Only that wrapper which I took down to shew her; I shewed her a piece which she did not think fine enough; the other man was not then come down; I shewed her another piece; she thought it was too thin, she said, she wanted it to work; I shewed her another piece, and the other man came down into the shop, and she said, she did not like the price.

Was your back turned to this woman at any time while she was in the shop? - No.

Is your fellow shopman here? - No, he is not; I had no conversation with the other man; he stood by; he asked her whether an ell-wide muslin would do, and he would shew her one; and we looked for it in the wrapper and could not find it; it was a particular fine piece; I took out the pieces, one by one, and it was not in the wrapper, and the prosecutor looked there too; I am very sure I examined the wrapper before I examined the rest; I never left the woman by herself near the counter; she was a yard and as half from the counter during the time we were looking for the muslin; at first when she came into the shop she was close to the counter; as we could not find the muslin, we called our master out of the compting-house; he said, he saw it just before he went up to tea, in the wrapper which I opened first; the prisoner then said, you have no muslin that will do for me; and the prosecutor said, no, but he missed a piece of muslin, and rather suspected she had got it; she said, how can you think I have it, when the young man has not given me an opportunity of going near the wrapper? then she immediately stept up to the counter, and laid hold of three pieces of muslin out of that wrapper with her right hand; she immediately shook them, and said, I dare say we can find them, and she dropped them down, and immediately I saw the muslin drop from under her left arm.

Did she appear to you to lay hold of the muslins that were under her left arm at all? - She put her right hand across her break very quick, and took the muslin from under her left arm.

Are you satisfied you saw it fall from under her left arm? - I am sure I saw it; I went for a constable.

Mr. Garrow. From the time this woman came into your shop, to the time this was missing, did any other customer come in? - No.

Prisoner. I leave it to my counsel; what they have said, they have sworn wrong.

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

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-91

752. MARTHA Wife of THOMAS BAKER was indicted for feloniously assaulting William Pretty , on the King's highway, on the 2d day of August last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, a silver watch, value 40 s. a watch key, value 1 d. and a seal, value 2 s. his property .

WILLIAM PRETTY sworn.

On Wednesday the 22d of August, I had some business at the Bull's-Head, West Smithfield, myself and three others; going along Long-lane, we met the prisoner; she said she was very much distressed and ill; the prisoner followed us to the Bull-head, and in the tap-room she solicited me very much to give her something to drink, and I gave her two penny-worth of rum; she said she could drink nothing but rum; my company left me, and said nothing to me; on my return home, I found the prisoner followed me, and in Jewin-street, she mended her pace; when I came to the end of Nettleton-court ; two men rushed suddenly upon me, and hustled me into the court; I found I was attacked; I run to the further end of the court, and there the prisoner had a cloak on; which she put up to my face, and snatched my watch from my pocket.

Court. Were the men there at the time? - They were in the dark part of the passage, and I went to the end of the court.

Did you feel your watch go? - I did my Lord.

What sort of a watch was it? - A silver watch, with a silk ribbon, with a cornelian seal mounted in gold; I made a catch at her, and was immediately attacked by the men, and they beat me from my hips to my head; in the dark entry, there was a ladder, which I got under, and with much difficulty I got up, and saw the patrol, and cried stop that woman, she has robbed me of my watch; and he immediately stopped her.

Did you lose sight of the woman at all? - I did for a minute.

Now the woman that robbed you, was the same woman you saw at the Bull's-head? - Yes, my Lord.

When you was pushed in the court, where was the woman? - Behind me.

Was it a light night? - No, it was a very dark night, but I could see the silver case of my watch as she drew it out of my pocket; I could see her gown perfectly clear, the same as she had on when at the Bull-head; it was a dark cotton, and a dark ground.

What sort of a cloak? - I think a black silk cloak.

Do you believe it to be the same woman that you saw before? - I am certain of it.

Jury. Did she speak to you when you was in the court? - No, they immediately committed their depredations.

Prisoner. Was not the prosecutor in liquor? - I was very sober.

Did not you acknowledge yourself in liquor before the Lord Mayor? - No.

WILLIAM DURESS sworn.

I am a patrol of Aldersgate-ward; on the 2d of August, at past two, I heard the cry of stop thief, at the end of Nettleton-court; the prisoner came running out of

the court; I laid hold of her by the arm, and the prosecutor said he was robbed of a silver watch, and a silk ribbon, and cornelian seal; he was very much cut in the face, just under one eye, and across his chin; I took the prisoner to the watch-house, and took the watch out of her pocket, which the prosecutor claimed: the prisoner said she did not know what was the matter.

Prisoner. I beg to ask the patrol if the prosecutor was not very much in liquor? - I believe him not to be perfectly sober; but I believe him to be perfectly capable of knowing what he did.

WILLIAM HUTCHESSON sworn.

The officer of the night took charge of the prisoner at the watch-house; the prosecutor described the watch there, which was found on the prisoner, before he saw it.

Court to Prosecutor. What are you? - A master goldsmith ; I have lived in Bartholomew-close and thereabouts, this thirty years.

Do you know whether there is any reward in this case? - As I do hope to be saved I do not.

PRISONER's DEFENCE.

I met the prosecutor; he asked me to drink a glass of rum, and and going down Aldersgate-street, he met several men and women, and he took his watch out of his pocket, and gave me a shilling and his watch, and bid me take care of it, and when the patrol came up, I was frightened and gave him the watch.

Prosecutor. It is false; I had no intimacy with her, as she would insinuate.

The prisoner called four witnesses who gave her a good character.

Prisoner. Please to ask the prosecutor if he has not been a constable? - I have been twenty-one years constable of the Royal-Exchange, appointed by the Honourable Grecian Comme.

Court. And do not you know there was a reward; - I do not; I have never been concerned with any thing but forgeries and picking of pockets.

GUILTY of stealing, but not violently.

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-92

753. WILLIAM HENNING was indicted for feloniously stealing on the 6th day of June last, forty pounds weight of sugar, value 10 s. and one ladle, value 6 d. the property of John Hawes .

JOHN HAWES sworn.

The prisoner at the bar was my servant ; on Sunday the 6th of June, I was gone to bed; it was about eleven, I heard the bell ring; I looked out of window, and asked who was there, and the prisoner said it was him; I told him to call the next morning, and I would talk to him, for he should not come in that night; about half after twelve, my bell rung again, and I looked out of window, and the watchman desired me to come down; and then I saw the prisoner with a lump and a half of sugar.

How do you know it was yours? - By the mark and number, that were upon it; I asked him how he came by it, he said he kicked his foot against it in the street.

What became of the sugar after? - It was taken to the watch-house.

Mr. Garrow, prisoner's counsel. I am desired to ask you Sir, whether it had not occurred to you before this to have some conversation with the prisoner, about an intercourse between some of your servants, male and female? - No.

Have you a nephew? - Yes; the prisoner said to me there were such things going on in my house, that he thought it was a shame.

Do you recollect whether he descended rather more to particulars, and described that there were intercourses between the men and the maids, that were not very fit? - He said there were.

Do you recollect his adding to it, that he was reluctant to state to you who the parties were, because he knew the men would be revenged of him on some occasion? - He did.

I put all these questions to you with all the expectation that your answers warrant? - You shall have an answer.

Did you take any steps to enquire about it? - I did not, because I did not believe it; I rather think since, he said so to cloak his design.

Court. That is your suspicion, Mr. Hawes; we take the substantive facts: In what way was this sugar kept; was it in your mill; and if so, how was that mill guarded from the street? - It is in a room over the mill; far from the street; the prisoner said, he stumbled over the sugar, and was going to take care of it for me; but he was taking it a different way; there is no way of getting at the room where those sugars were kept but by coming over the gate; I have two dogs and no man upon earth dare venture but one of the family, and any of them may come at any time; it is not very difficult to get over the gates, except the dogs; the doors were locked over night, but every man knows where to find the keys.

Then any of your men, if they had been so disposed, could have got into those rooms? - They could; a ladder was set to go into my hay-loft over the stable; whoever took the sugar must have gone out of the window through the hay-loft.

JOHN LEE sworn.

I heard Mr. Hawes at the back gate; I came to the place where the noise was, and I saw a man at a distance moving on slowly with something on his back; he did not let me come up to him till the patrol stopped him; while I was ringing at the prosecutor's bell, the prisoner threw a piece of sugar out of his pocket; he pulled another piece out of his pocket; and threw down; then I searched him and found the lumps in his pocket.

PETER WILLETT sworn.

I am a patrol; about a quarter after twelve, I heard a great noise, and saw the prisoner coming round the corner of Swan-street; I stopped him; he had the bag on his shoulder, and a ladder; I said, what have you here? he said, nothing; he asked me to drink, and he wanted to shuffle by me.

John Hawkins the watchman, assisted to take him.

(The sugar produced and deposed to.)

PRISONER's DEFENCE.

I came home at eleven to my master's house, and rang at the gate; he answered me himself from the inside; I went to the door of his dwelling-house, thinking he might let me in; I waited there a quarter of an hour, and then I went to a public house, called for a pint of beer, paid for it, and drank it; I said, some of the men may be locked out as well as me, and I went again to the house, and spied this sack laying down; I took hold of it, and the ladder fell, and I took it up and went down Swan-street; I was going home to my wife, and the patrol took me; some of his men had thrown this out, and they were all Germans.

Mr. Garrow, to Prosecutor. How long had this man worked with you? - Fourteen months; I thought him an honest man.

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

GUILTY .

To be transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-93

754. SAMUEL DRING was indicted for that he, on the 8th day of August , five pieces of false and counterfeit silver milled money and coin, made and counterfeited to the likeness of a shilling, not cut in pieces, unlawfully and feloniously

did pay and put off to one Lewis Abrahams , at a lower rate than the same did import, viz. for three shillings and threepence :

And MICHAEL ROACH was indicted for that he, on the same day, unlawfully and feloniously did aid, abet, counsel and procure him the said Samuel Dring to do and commit the felony aforesaid :

Another Count, For the like offence, only varying the manner of laying the charge.

(The case opened by Mr. Silvester.)

LEWIS ABRAHAMS sworn.

(Produces five shillings.)

How much did you give for them? - I gave him three shillings and sixpence, and I told him to give me the worth of that, and he gave me five bad shillings and three pennyworth of halfpence back again. On the 4th of August, I went to Dring's house in Little Drury-lane, he was not at home; I went again the 7th, and saw him; he came down in his shirt sleeves, and we appointed to meet at a house in the city, opposite Bow-church , at five in the afternoon, and he was to bring some counterfeit shillings with him; I was there at half past four; I told him, I would buy some and help him to a customer for more; I waited a little while, and saw Dring come out of the public house; says I, have you got the money with you? no, says he, I have none now, I will bring it to-morrow morning, and meet at the same public house; the next morning he had not got it, but he said, I must go with him to Beech-lane; we went, and called at the George, a public house; he told me to call for a pint of beer; but I stopped at the door, and he went into a baker's shop opposite, and stopped two or three minutes.

Who lives at the baker's shop? - I do not know; then he came to me, and we went in and called for a pint of beer; after a little while Roach came in, and said, we must wait half an hour; they were not ready yet; he did not mention what, I told Dring I would go and tell the man not to be out of patience, to wait, and I would bring some of the money as soon as I could; I went in search of a constable, and I met with Mr. Newman, near Cripplegate, and appointed him to wait at the White Horse, and I would bring a man to him that was putting off some bad silver; I went back to Dring's, and sat there an hour and an half, and then Roach came in again, and said, they were not ready yet, we must wait; Dring answered then never mind waiting a little while, for Roach will pay the reckoning, to detain us so long as he does; after Dring said, he would pay the reckoning, I said to Dring they are a long while finishing such a few as that there; says Dring they are finishing some more for somebody else at the same time; when it wanted about ten minutes to three, I said to Dring, they keep us a long while, says I, if he does not come presently, I will go to a place in Cloth-fair; I can have some there, and soon after Roach came in, says he, I am ready for you now; Dring and I got up from the bench, and Roach paid the reckoning, and we all three went out of the public house together; we then turned towards Redcross-street, and they desired me to wait there for two or three minutes; I saw them go into a baker's shop, the same that Dring and Roach went into; they stopped about five minutes; they came towards me; then Dring said to Roach, let me have the money; Roach said, he could not give it out of his hands, because he had been cheated several times; Dring says to him, then let me have half a-piece; I do not know what they meant by that; Roach then gave him a paper; I did not see what was in it when he gave it him; Dring and I waiked two or three yards on, and he opened the paper; it contained fifteen counterfeit shillings; I said to Dring, I had but three shillings and sixpence about me; let me have as much as that money comes to; I then gave him the three shillings and sixpence, and he gave me five counterfeit shillings and three penny-worth of halfpence; as soon as they

came into the house the officers took them.

Mr. Garrow, Prisoner's Counsel. Was not Mrs. Moses in company with you? - I do not know who you mean, there was no woman in company with me.

Upon your oath, do not you know who I mean? - No, I do not, I know a great many Mrs. Moses's.

Do not you know that I mean the woman who was a witness here last session? - There was no woman.

Is this the first time we have seen you this session? - You know best.

Is it I say? - You have the most right to know.

Had you no Christian or Jew by? - No, Sir.

How many times have you appeared here and the Juries found verdicts against your evidence directly? - You know best; I will tell you the reason; the prisoners employed people to swear. I get nothing by what I do.

You will not swear that; do you mean to swear that you do this without fee or reward, and for the good of your country? - Yes, I do swear that.

Court. Do you mean that you are to get nothing for this? - I suppose I shall be allowed my expences.

By whom? - By the Court I suppose.

Suppose the Court should not, who are to allow you your expences? - I do not know rightly.

Take care what you swear, for though you may not give a true account, those that employ you will? - I am employed by nobody.

You swear that? - I am employed by nobody.

Nobody knew before-hand of your doing this? - No, my Lord.

Nobody promised to give you any thing for it, or to pay you any expences? - No, my Lord, I had no promises from any body.

Nothing at all? - No; my expences I expect, that is all.

Did you prosecute Cole for nothing? - The gentleman paid me my expences.

What did he pay you? - He allowed me a crown a day, but I did no know he would pay me any thing.

Do not you expect five shillings a day from the Solicitor of the mint on this prosecution? - I do not know, Sir, if he pleases to give it me.

Do you expect it, Sir? - I do expect it after the trial is over.

You did not know what a piece was? - No, I did not know what he meant by it.

That you swear positively? - Yes.

Then upon the former trial you did not swear what a piece meant? - I do not know; I cannot say whether I did or no.

Do you believe you did not? - I cannot tell.

Since you have been transported how often have you been examined as a witness?

Mr. Silvester. I object to that? - I shall not answer without my Lord tells me so.

Court. I shall not tell him to answer it, till you prove he has been transported.

JOHN NEWMAN sworn.

On the 8th of August, about twelve at noon, I was coming down Fore-street, and going towards Guildhall; I saw Abrahams and another Jew before me to my knowledge, I never saw Abrahams before; he came to me, and met me at the White Horse, and Abrahams and Dring came in; Abrahams asked Dring, what he would have to drink; Abrahams nodded to me, and I thought Dring had something in his hand; I asked him what it was; he said what is that to you? says I, what is it? says he, I do not know, I picked it up at the door: it was these ten bad shillings. In about five minutes came Roach and another man in the passage, and they seeing some people standing at the door, turned back; I searched Roach, and in his left hand waistcoat pocket I found five shillings and some good silver; in his breeches pocket I found two; and this five shillings I took out of Abrahams

breeches pocket; Mr. Sargesson who was by, said, search him as well as the others.

Mr. Garrow. Did Abrahams tell you to search him? - No.

To Abrahams. Are the five shillings that were taken out of your pocket, the same you had of the prisoner? - Yes.

Newman. I believe there might be three pence halfpenny or a groat.

- SARGESSON sworn.

After Mr. Newman had searched Roach, I thought he shifted, and had more, and searching round the waistband of his breeches, exactly behind, I found these, thirty of them.

(Produced.)

REUBEN FLETCHER sworn.

I am one of the moniers of the Mint; I have examined these shillings, they are all bad.

(Handed to the Jury.)

PRISONER ROACH'S DEFENCE.

On Friday evening the 8th of August, with another man in company, I picked up a blue handkerchief, and he cried halves; we went into the Pied-horse, near Moorfields; I gave him two papers and took two; then I came home to sell them to Mr. Cox, the refiner; I never conversed with the man.

PRISONER DRING'S DEFENCE.

A person saw me pick them up at the door.

The prisoner Roach called five witnesses to his character.

SAMUEL DRING , MICHAEL ROACH ,

GUILTY .

Each fined 1 s. and imprisoned twelve months in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-94

755. JAMES GRACE was indicted for that he, on the 30th day of July last, 645 pieces of counterfeited money, made to the likeness and similitude of a halfpenny, not melted down and cut in pieces, did sell, pay, and put off to one Charles Sadler , at a less price than their denomination did import, to wit for twenty shillings .

A second Count, For a like offence, only varying the manner of laying the charge.

(The case opened by Mr. Silvester.)

CHARLES SADLER sworn.

I went to Beech-lane with the prisoner, on the 30th of July; Mr. Powis went with us, and the prisoner went out to get some half-pence, and he came back and said they will be ready presently; then he went again, and came back, and said Mr. Johnson does not like the looks of your face, and he will not let you have the half-pence; then I gave half a guinea and nine shillings and six-pence to Powis, and bid him go and fetch the halfpence; I was to have twenty-seven shillings in return.

Did Powis give that money to the prisoner? - Yes, I saw him give it; the prisoner went into a back room, and brought the halfpence tied up in my handkerchief and gave them to me; I gave them to Mr. Powis; we paid our reckoning and came away, and the prisoner came along with us over Moorfields; then that Mr. Johnson, that he said made the halfpence, went by us in Moorfields, and the prisoner said Mr. Johnson was worth three hundred pounds a year, and then the prisoner run away, and I thought he was gone to give information against us for buying the half-pence, and I carried the halfpence to the headborough; there was twenty-six shillings and ten pence halfpenny; all that I did this for, was to get the prisoner away; it was fixed on purpose by the inhabitants, because he owned to me he robbed a vessel of one hundred and seventy pounds, and my back door lays at stake.

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

Reference Number: t17860830-94

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 30th of AUGUST, 1786, and the following Days;

Being the SEVENTH 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 VII. 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 James Grace .

- POWIS sworn.

Went with the last witness, and deposed to the same effect, and that the prisoner told him he had coined halfpence before, and one might get a guinea a day by it, and leave off at twelve o'clock.

(The constable produced the halfpence.)

- FRANKLIN sworn.

They are all bad.

PRISONER's DEFENCE.

The prosecutor asked me to go with him, and I went and asked for the halfpence as Powis bid me, and brought them to him; on the Monday morning, the prosecutor came on board the ship, and asked me if I would have some else for breakfast, and I went to his house, and there was the officer; says he, that is the eels and the parsley, and I am the butter, and I will butter you as well as any body can in the world. I am a lumper on board a ship ; he has done it, because I have no friends.

GUILTY .

Fined 1 s. and to be imprisoned twelve months in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-95

756. WILLIAM STONE and JOHN NEALE were indicted for that they, not having the fear of God before their eyes, but by being moved and seduced by the instigation of the devil, on the 24th day of July last, in and upon one John Harrison , in the peace of God and our Lord the King then and there being, did make an assault, and that he the said William Stone , with both his hands and feet, did divers times feloniously, wilfully, and of his malice afore-thought, strike, beat, cast, and throw him to the ground, and so laying on the ground, in and upon the head, stomach, back, belly, and sides of him, the said John Harrison , did beat, strike, and kick; giving him as well by casting him to the ground, as by such striking, beating and kicking him when on the ground, as aforesaid, divers mortal bruises, of which he, till the 1st of August, did languish, and languishing did live; on which said 1st day of August, the said John Harrison , of the several mortal bruises aforesaid, died; and that he the aforesaid John Neale , feloniously, wilfully, and of his malice aforethought, was present, aiding, helping, abetting, comforting, and assisting him, the said William Stone , the murder aforesaid to do and

commit, and so the Jurors say, that him they did kill and murder .

The said William Stone and John Neale were also charged on the Coroner's Inquisition, with feloniously killing and slaying the said John Harrison .

WILLIAM WESTGARTH sworn.

Court. Relate what you know respecting the death of this unfortunate man? - On the 24th of July, I called at Somerset-house to see John Harrison , a stone-mason ; I found him at the White-house, and he took me to Somerset-house , about half past one, and as we were going along, some of the workmen asked him if he had any money; he said he had as much as any of them; I heard a quarrelling, and took him away, and he went in again, and there was fighting, and I saw the deceased with his nose all bloody; we went over to the Coach and Horses; they said they would meet me there; we went to the Coach and Horses, and several of the workmen came, and then they would not make it up; the deceased was one of the workmen, he was a stone-mason; the workmen were to return the money to Harrison, which they had got of him at two different times; that was the grievance; the prisoners were both there, but they had nothing to do with that dispute; after this, several words happened with Harrison and the prisoner William Stone ; they all agreed to fight about some old quarrel, that I was not privy to.

Who began the dispute, do you recollect? - The prisoner Stone; they had fought once before in the buildings, but I cannot recollect what Stone said; they agreed to fight, and both stripped.

Did they fight? - Yes, and the prisoner Stone struck the deceased, when he lay upon the ground, with his fist; the deceased said he would fight no more; and the prisoner Stone struck him several times after he said he would fight no more.

Did any body else strike him at that time? - No, not that I saw, nor took any part in this quarrel; he came over and I wiped his face, it was very bloody, he had a very bad face; I never saw the other prisoner strike him at all, I saw nothing further.

ROBERT HASTINGS sworn.

I keep the Coach and Horses, in the Strand; I was not in doors when they began to quarrel; I came in and saw the deceased and Stone quarrelling and going to fight; I believe Stone had his coat off, but I did not see the other stripped; I saw Stone and the deceased make blows at one another; I did not see which struck first, and Stone said I am not able to fight him, I have but one arm to fight him with, I fought him six or seven weeks ago; and the others parted them.

Then by your account it was Stone that gave out first? - To the best of my knowledge it was.

Did you see Stone strike the other when he was down? - No.

Did they either of them appear hurt in the battle? - I did not perceive they were; I did not see any unfair blows struck; I wanted to get them out of my house; I did not take much notice.

Mr. Silvester. Prisoner's Counsel. Was Westgarth in liquor? - Very much.

Was Harrison? - Very much.

Was Stone? - He did not appear to be so.

CHARLES MAIR sworn.

At half past three, Harrison and me and Westgarth went to the Coach and Horses, to wait for the joiner s; when they came over about four, and Westgarth proposed to them to return the deceased eighteen pence, and he would make up the quarrel, which they refused; they said they would shake hands and make it up, but they would not return the money.

Who said this? - Neale said there should be no money returned, but if they would drink a pot of beer and make it up; and Stone and they all said so; from that the quarrel began.

Who began the quarrel? - I cannot say who began first, after quarrelling some time Stone and Harrison began to fight.

Was there any agreement to fight? - Not that I heard.

Did they strip to fight? - Stone came over in his shirt sleeves, I saw no stripping; after fighting some time, Stone struck Harrison when he was down, and there were no more blows struck after that blow, to my remembrance; they were then parted.

Did you hear either of them say they would fight no more? - No.

Was the witness Westgarth in liquor or sober? - I cannot rightly say; Harrison was much in liquor; Westgarth not so much; he was not drunk; he had been drinking.

Was Westgarth sober? - I think he was.

Did either of them appear to be much hurt by this fighting? - I cannot say, because Harrison had been much beat and bruised before he began to fight with Stone; he had been beat in the building; he had been fighting before with one Walters, not with the prisoners.

JOSEPH MONTAGUE sworn.

I saw nothing of the quarrel; I was up in the buildings; about three I went in at Somerset-house, and I saw the joiner stripping to fight with the deceased, and he struck him several blows on the staircase; the deceased bled considerably.

Whereabouts did the joiner strike the deceased? - About the head and face, Harrison's lip was cut, and his face bloody; he was bruised in his face that was with another man, neither of the prisoners.

JOHN GILLIAM sworn.

I was at the Coach and Horses the 24th of July; I went in about half after five; I heard they had been fighting; I went into the room; they appeared to have been bleeding, and Harrison had a swelled lip; I staid a little while, and some words arose between Harrison and Stone, and they agreed to fight, and they did fight in the room.

Do you recollect who began the words? - No, I do not, in a few minutes they were parted.

Did either of them appear to he much hurt? - Harrison appeared to be hurt the most; his lip was much swelled, and his nose bled a great deal.

He appeared to be bruised before that? - Yes; after that Mr. Neale and the deceased had some words and they fought.

Which of them began that dispute? - I do not recollect; they were both agreeable to go to fighting, it was agreed to fight in the court.

Did they? - They did go out into the court; I stopped in the house six or seven minutes; I would not go out; I went out then; they were fighting; I left them fighting; I saw no particulars; I was fourteen feet from them; I saw no more, and who began the quarrel I cannot tell.

JOSEPH RUTHERFORD sworn.

I live in the court; when I first went up; the noise brought me out; I saw two men fighting; Neale and the deceased; Harrison appeared to have been down; he staggered, and bled at the noise; his lip was thick; he appeared to be fuddled, or badly beat, or both; the prisoner Neale and he, as far as I can remember, closed together, and fell down, and I think Harrison was undermost; the prisoner then turned, and was on his hands and knees, and seemed bleeding much; I know Neale; I knew the other by sight; it was not Stone; they wished the man to get up again; and asked him if he would fight any more.

What did he say? - I think he said, yes; I said, he should not; I thought he was fuddled, and would be killed; I wished to take him away, but the other people said, he should not; I do not remember hearing either of the prisoners open their mouths; I took him up, and was taking him to the pump to wash him, and he fell down, but whether he was struck down or pushed down, or tripped up, I cannot say, but he fell from me, I cannot speak with certainty by whom; it was behind me, he fell down; I believe they asked him if he would fight any more, and I think he said, yes; I cannot speak with

any precision afterwards; my wife hearing there were some words, between the other joiner and me, she endeavoured to get me away, and I endeavoured to push her away, and I asked them what they would do with the man, as I understood they had been beating him before.

GEORGE PAULIN sworn.

I live in the court, I saw them coming into the court, and the deceased seemed to be very much beaten, or very much in liquor, or both; as he came into the court, he was either pushed down or fell down; I did not see distinctly; I saw Neale and Harrison come into the court stripped to fight.

Did they fight? - They did; the deceased seemed very incapable of fighting, either by being very much beat, or by being in liquor; I saw a great number of unfair blows struck by Neale, striking him when he was down, and coming behind, before he was ready to fight.

Are you sure you saw him strike him when he was down? - I am sure I did; I was at a one pair of stairs window all the time; I had been exceeding ill for three or four days, and I asked my wife to let me go down, but she locked the door for fear I should get into any trouble; I could not bear to see the foul play; I saw the man after, he had many blows; Mr. Rutherford went to attempt to take him away, but he could not; I saw one of the joiners or carpenters strike at Mr. Rutherford; but he did not strike him, and his wife came and got him away; then the deceased came up the court, holding his hands before his eyes, and Mr. Neale came behind, and struck him, and knocked him down in the court with a very violent blow; he had a very violent fall backwards with his head to the ground; I said to my wife, the man's scull is fractured, let me go down, but she would not; the others said, Mr. Neale, you seemed more to blame than him.

Who were the others? - I know none of their names.

Was any blow struck after this blow? - I do not think there was; the man got up and went to the bottom of the court, and rested his head, and bled for ten minutes before any body came to him; the deceased fell with his face to the ground by that blow; there were several women that saw the same, and said, it was a shameful fight as ever they saw.

Mr. Silvester. Are you a bit of a boxer yourself? - I do not know; I do not like fighting; it is rather too hard work; but if I am too much imposed upon, I do not like that.

JOHN GADD sworn.

I am an apothecary; I saw the deceased on the Friday following this affray; I was called to him on the Wednesday first; I did not see in what state he was on the Wednesday; I understood he was under the care of some young man, some sea surgeon; on the Friday I was called to him, and attended him to his death.

What state did you find him in on the Friday? - He was in a very violent delirium and fever; a very strong delirium.

Did you examine whether he had any wounds or bruises, or what that fever had been occasioned by? - The next day I had his head shaved in order to apply a blister to his head; that was on the Saturday; I examined his head, and there was a slight wound on the back of his head, but there appeared no considerable bruise, but one near his eye; there was some blackness; extravasation, but of little consequence; the wound did not appear to me to be dangerous; for my own satisfaction as well as for that of the deceased's friends, I called in a surgeon of eminence, Mr. Minors the father was called in, who examined his head with me; I was rather of his opinion before; that strengthened my opinion.

What was the opinion you formed of that man's case? - My opinion is very doubtful, as to the cause of his death.

Are you of opinion that the fever and the delirium were occasioned by the wounds and bruises he received? - That is doubtfull to me; I cannot say.

Have you any clue to lead you to any other cause of the fever? - Only what I understood from the friends of the deceased.

Did you examine whether there were any other considerable bruises about his person? - I did not.

The man was not in a state himself to give you an account of his complaints? - Not at all, from the time I saw him he was very delirious, and continued so.

When did he die? - On the Monday following, I think.

Have you a real doubt in your mind what that fever was occasioned by? - There is a probability it might be occasioned from intoxication, from passion, from anger; or it might be from the falls he received; it is very doubtful to me.

Mr. Justice Gould. I take the case to be that the cause of the death must be proved and drawn from a variety of circumstances; the Court are to form their judgment from the evidence they have heard, and if they are of opinion that the death arose from the ill usage given by that prisoner at the bar, certainly the fact is proved; the fact is to be proved from the result of all the evidence, duly weighed and adjudged upon by the Jury, the Jury are to judge for themselves; suppose a surgeon was to say, where it was manifestly clear that the injury was the occasion of the death, that he was of opinion it was not; is that to blind the Jury? they are not to be hood-winked or blinded; though not persons of professional skill, they are endued with common sense; therefore if they, on the whole of the evidence, are of opinion that the death arose from the prisoner, there is the proof of the fact; the charge in the indictment is certainly murder, but as to the mode of proving it, there is no certain rule laid down in that case any more than in any other; it arises from the whole of the evidence, upon which the Jury are to exercise their judgment.

Mr. Recorder. I am very happy to have the opinion and assistance of one of the most able and experienced judges of the law in England; I have no doubt that that fact or any other, may be collected, either from positive testimony, or any other evidence; for instance, if a man is knocked down, his scull fractured, and his brains coming out at the time, I want no surgeon in such a case.

Jury. We wish to have Mr. Minors here.

Mr. Justice Gould. Surgeons are called only to assist your judgment, they are not the people to determine this or any other case; you are to exercise your own judgment.

(Mr. Minors sent for.)

DAVID BERRY sworn.

I knew the deceased Harrison; I was very intimate with him.

Did you know him on the 24th of July? - I lodged in the next room to him; he was as well as ever I knew him to be; he appeared to me to be in perfect health before that day.

Did you happen to see him at all, in the morning of the 26th of July? - No, Sir, I did not, he went to work at six o'clock, but the day before, he was in good health, I did not see him that evening, but I saw him the next morning.

In what condition was he the next morning? - Most dreadfully bruised and cut.

Where did he principally appear to be bruised? - In his face and head; on the Friday morning following he was taken with a delirium, between two and three in the morning; it was on the Tuesday morning I saw him; I saw him once or twice after, but not to ask him any questions.

Did he from the Tuesday morning keep his bed? - Yes Sir, he was never out of the room to my knowledge, from the time he came home, till he was carried out.

When did he die? - On the Monday evening following.

When you saw him first on the Tuesday morning, were several bruises visible then?

- Several, particularly about his body; I had an opportunity of seeing his stomach, when his shirt was open, and he was very cruelly bruised.

Did the bruises that were visible about his head and face, disappear before his death? - No, Sir, they looked worse and worse, he looked abundantly worse when he was dead than before; I was present when Mr. Gadd was there; I called Mr. Gadd; I was present when his head was shaved; it appeared to me that his wounds were the cause of his death.

I want to ask you the facts that you saw; Mr. Gadd tells us that he saw only one wound upon the head, and one bruise on his face; was the appearance the same to you? - There was one wound when the head was shaved, that was not visible to me before, on the back of the head; I think there was a bruise under one of his ears, and one of his eyes.

Were there any other bruises visible? - His lip was cut very much.

Court to Mr. Gadd. In the examination of his head, you spoke only of one wound? - There was a wound on the back part of the head, and a contusion on the temple near the eye; I do not recollect seeing any more wounds; I did not examine the body at all; his head was not opened in my presence.

Court. From that blow, though the outward wound might not be mortal, may not a violent blow produce a concussion of the brain? - Yes.

Is not the back part of the head, a likely place to produce that? - Yes.

Does not a concussion of the brain frequently remain for a considerable time after the blow happened, without any dangerous symptoms? - Yes.

Then is not the first symptom, that of a strong delirium? - There are generally some lethargic disposition, by the pressure on the brain; he appeared to be sensible on the Wednesday.

In case of a concussion of the brain, would he be likely to be free from those symptoms, from the Monday to the Friday? - From the blow I have heard described, I should hardly think it possible.

Was there any lethargic symptoms on the Friday? - He was so exceedingly delirious, there was no forming a judgment.

Court to Mr. Berry. Do you know whether the deceased slept much from the blow till his death? - He did not appear to sleep sound, he appeared as if he were asleep, but at the same time he could listen to every thing that was said, though not sensible to give an answer to the questions that were asked him.

CARRIER VICKERY sworn.

I am a surgeon; I was called in to examine the body of this man, after his death.

Did you make that examination? - I did.

Relate in what state you found the body? - I was called in on a Friday, he died on a Monday.

Court to Mr. Wilson. When was the day of examination? - On Wednesday the 2d of August, the surgeon was called in then.

Mr. Vickery. I do not recollect the day.

In what state did you find the body of the deceased then? - I found several bruises on the back part of the head, and one wound quite through the scalp of the scull.

Was it a large wound? - Not very large.

Did you observe any other bruises about him? - There were some on his neck and back.

Any on his face? - I do not recollect that.

Did you observe or examine his breast or stomach? - There were none; the wounds and bruises were on his head.

Did you examine and search for any fracture of the scull? - There was no fracture.

Did you make a compleat examination of the scull? - No.

Why not? - I cannot assign any particular reason why I did not.

Is not it necessary in order to ascertain whether there had been an inward concussion of the brain that occasioned the death, to open the scull that would ascertain the fact? - Not always; it may.

Then from the exterior and superficial examination that you made could you collect the cause of the man's death? - From having heard the previous symptoms -

Mr. Silvester. You must speak from the appearance? - From the appearance of the head, and my own observation, I should have thought it very probable that the man died of those blows, had I not heard of one symptom.

But not certain, none of them that you could pronounce mortal? - Certainly not; oh, no! surely not.

In addition to the inspection, the man having taken to his bed from the morning he received these bruises, and being seized with a strong delirium early on the Friday morning, joining these symptoms in addition to your inspection, what opinion should you have formed, as a medical man? - The very same opinion I had at first; that they were conjunctively a very probable cause of his death.

Mr. Silvester. You said something of one symptom? - If I had not heard any one of the previous symptoms, from the inspections merely I should have thought they were the cause of his death; I heard that he was delirious; I never saw him alive; I knew nothing more than what I heard from the man that keeps the house; my opinion is not altered by any symptoms I have heard, but rather confirmed.

Mr. Silvester. This case differs from that; in the dispute between Stone and the deceased, it does not appear that Neale was there; how then can he be aiding and assisting, if the Jury are of opinion that Neale gave the blows and not Stone; they appear to be in evidence two compleat separate and distinct transactions; then the question is, whether the blows and wounds charged to be given by Stone in this indictment can be transferred to Neale; or whether the blows given by Neale, Stone not being present, occasioned the death.

(Mr. Minors sent for, and sent word he could not come, an order of the Court; and an officer sent for him.)

WILLIAM PEARCE sworn.

I know the two prisoners; they are carpenters; they work at the building at Somerset-house; I was at the Coach and Horses; I went there at four o'clock, and while me and my partner were there, Harrison and they came in; the dispute was concerning a wager; they were settling it, and a gentleman's servant seemed to come to mitigate it; there were some few words, and the gentleman's servant offered to fight any man for twenty guineas, and to give him five, and to Stone he said, he would tie one hand behind him.

What passed with Harrison? - Harrison called them a parcel of thieves; and through that a scuffle ensued between him and Stone; they had two or three falls, and Harrison kept Stone down by the hair of the head till he was released; then they got up again, then they were down again, till the matter was settled, and they left off fighting, then they sat down and drank together.

Which of them had the worst of it that time? - I cannot certainly say.

Did you see what happened between Neale and Harrison after? - Yes.

How long was that after the quarrel between Stone and Harrison? - About ten minutes or a quarter of an hour.

Was the quarrel between Stone and Harrison all completely over? - Yes, and they had drank together; then the gentleman's servant offered to fight, and Neale and Harrison fought a little while in the room, then they went out in the court; Harrison the deceased and this gentleman's servant said they would fight any man in the room.

Did the servant appear to have been drinking? - Yes.

Did you see Neale and the deceased fight when they went out? - Yes.

The deceased was pretty severely beaten by Neale, was not he? - No, I wished them not to fight; Neale was not able to stand against such a man as Harrison was.

Was not Harrison in liquor? - They were all in liquor; Neale was in liquor; Neale was obligated to fight him, or else he would have licked him.

Mind what you say? - My account is authentic, and the real truth; Neale did not wish to fight him; he would fight after the gentleman's servant had offered twenty guineas to fight; they said they would fight in another room.

Do you mean to say that Neale did not beat Harrison very much when they fought without? - No, Sir, he did not beat him, what was hurt was through falls.

Did not Neale strike him? - Undoubtedly, when they were fighting; he would have fought again; he never struck him to hurt him; I do not think he did; his hurt was through falling.

Who gave him those falls? - Neale and he in scuffling fell down together, and he held down Neale by the hair of his head, and apparently would have smothered him; the blood gushed out of Harrison's face; that was through the falls I look upon it; when they fell there was no knowing which would fall to the ground first.

Which had the better of the fight? - Harrison was too strong for Neale by much; if it had not been for the tumbling, and nobody knew which would fall first.

SAMUEL WILLET sworn.

I saw this transaction; I came in with Mr. Price, and they all came in to settle the matter together; I am a joiner and carpenter; so is Price; then the gentleman there he began to talk about fighting and challenged every man in the room, and he gave great aggravations to all the company of the opposite party, and then the deceased said, he would fight any man in the room; then the deceased Harrison got up and insulted this William Stone , and called them a parcel of thieves, and called him a b-g-r; they had some bad falls once against the chimney piece; Stone had a very bad arm before; they sat down and was very sociable for a small space of time; then the deceased got up with great aggravations to Neale; then they went into the court; I went with Neale; he asked me to come and pick him up; I said, I would.

Which was the stoutest man of the two? - The deceased I suppose was able to fight two such as Neale, a very powerful man; they had several falls in the court; I do not know there was a blow given that was the occasion of his death; the deceased shewed very foul play; the foulest play that could be; they struggled together; the worst fall was at last, and I did not know which would come to the ground first, till Harrison slipped undermost; they were hanging together; here is a person present that laid Harrison down to take his breath, and he jumped up and put himself into a position to fight, and then he received one blow more, and that was all.

Court. Harrison had had two falls before he fought with Neale? - I did not see him fight.

Was not he very much in liquor? - I believe each party was in liquor.

Was Neale in liquor? - I believe he was.

Are you sure of that? - I believe I am.

Are you sure? - I am.

Was not Harrison in liquor? - He was; he would not let the people alone; there was a person present that trod on his toes and spit in his face to fight, and he would not fight; I only just went out along with Neale; I did not meddle with any body, but came up when he was down; he was an entire stranger to me; I never was in his company before in my life, nor the other party neither; I work for Mr. Lewington opposite Somerset house.

THOMAS KNOWLES sworn.

I work at Somerset-house, for a person

of the name of Neale, with the prisoner; I remember Harrison coming up to the shop window were I was at work, in one of the rooms and opposed Stone, the prisoner and me likewise, at the window, and wanted each of us to come out into the square at Somerset-house to fight; from there he came into the shop where I was at work, and he offered to put down five shillings to fight me for whatever I chose, or Stone either; or any man my master had he would fight; he came into the shop and he went up to Stone who is my partner, and he shook his fist in his face; Stone said he was not able to fight him, he had a bad shoulder, he could not even get his arm up to his head, nor could not mortice a door, or any thing of the kind; nor had strength enough to lift a mallet or chissel; from there he went and fought with one Waters; I did not see any thing of it, till he came down and stood on the landing place; I saw he had been fighting; then I went out of the shop, and John Neale followed me, and said you have got it; with that he up with his fist, Stone missed it as he was turning round to go into the shop again; the deceased struck John Neale , between the shoulders, which drew a place in the neck of him, which I saw afterwards, there was a place as big as a shilling, that the skin and blood came from, and the instant after my master came out and spoke to Harrison on the landing-place, and desired him to walk off; he would fight with any of us that was in the room, he did not care which it was; I went immediately to get me a pint of beer, as we generally do, we were all coming away, and this footman wanted to fight any body, and the deceased likewise; the footman came up to me, and challenged to fight me for a guinea, or what I chose; I thought he would have struck me several times; then the deceased came up to me, and caught hold of me and spit in my face; I cannot say what he did to Stone; I did not see the beginning of it, I told him several times if he was sober, I would fight with him.

What is the character of Stone, is he a quiet peaceable man? - I never saw any otherwise; he and Neale are both quiet peaceable men; they never gave me an angry word, nor I never saw them abuse any person in the place.

JOHN EARLE sworn.

I am a plumber; I remember Harrison coming there and quarrelling with all the workmen, I was leaning facing Mr. Neale's shop, it was twenty-five minutes past one, and the deceased and a livery servant came in, and he challenged Knowles and me to fight; I thought he seemed to be in liquor, and asked me to go out, I did not see the fight after; I have known Stone three years, and Neale two years; they are quiet peaceable men as ever I saw, I never heard any other.

THOMAS TUBB sworn.

I am a painter; I have known the prisoners about twelve or fourteen months; I worked with the prisoners, they are very quiet, sober, industrious men as ever I heard; I was present when Harrison came up into a room where Waters was at work, and some words arose.

Which sought the quarrel, did the workmen, or did the deceased? - The deceased, most undoubtedly; I was not present afterwards, at the fighting.

WILLIAM GORNEY sworn.

I am a carpenter; I saw Harrison come into the buildings.

Which seemed to seek the quarrel, the deceased, or these two men; - The deceased undoubtedly; I was present at the fight; I saw him go alongside of Stone's bench, and offer to fight him; I went over to the Coach and Horses, and there they had some few words, and there was a gentleman's servant appeared to me to be with the deceased, and Harrison called Stone a dirty b - r, and a scuffle insued, but which struck first I cannot say; in the scuffle Stone and Harrison were both down; Harrison got hold of Stone's hair; I saw Stone and Harrison shake hands; Harrison

offered to strike Neale, and I stepped between them, and he tore my shirt; they went out to fight.

Which sought the quarrel? - Harrison.

Court. After they went out to fight, I believe Harrison was pretty much beat? - I did not see Neale strike Harrison when he was down, nor when he was going to the pump to wash himself.

GEO. THO. WARREN sworn.

I have known the prisoners nine months, they are very quiet, sober men.

JOHN HAZLE sworn.

I heard the noise of the quarrel; I went in as another person would; I know none of the parties; I saw the deceased fighting with Neale; Neale happened to get the deceased undermost, and that cut his head; I fancy the blows that I saw were of no great consequence; I laid the deceased at length, and put his arms at length and persuaded him to give it up; he got up and put himself in a posture to fight again, but he reeled and could not; the deceased was the most powerful man of the two; the deceased and the young man, fell both together; it was not what we call a clear fall, for the deceased fell on his back.

Mr. Isaac Minors . My Lord, I am extremely sorry I could not attend your Lordship at the time you sent; it was impossible for me to come, for I was engaged in a consultation, which might have taken me up an hour, or two, or three.

Court. If you had sent an answer that you was engaged, and would come as soon as you could, that would have been satisfactory.

Mr. Minors. If I had known any thing of this, I would have been prepared.

ISAAC MINORS sworn.

Was you called in to this poor man that died? - I was called in to a man by the apothecary; who he was I know not; his head was shaved at the time that I went.

Did you examine his head and face? - I examined his head, the result of that examination was, there was a slight wound on his head, and the man was in a putrid fever; the man had no injury, that I thought would be of any consequence for surgery, and therefore he was more a subject of physical assistance; what might be the cause of it, I know not; I believe I told Mr. Gad the same; it is your business, it is none of mine.

Your opinion then was, that the man was in a putrid fever? - Yes.

Would blows, bruises or external hurts, be likely to occasion a putrid fever? - We cannot say the cause of putrid fevers, and finding this man had the delirium in consequence of a putrid fever, it was impossible to form a judgment whether the blows were the cause or not; I could form no other judgment, than that there was no injury done to the head, there was no fracture.

Court. The hurts were not of a nature that were in themselves mortal, but whether they did or did not occasion the fever, you cannot tell? - No.

GEORGE NEALE sworn.

About three, I heard a noise in the buildings; I went in where my men were at work, I heard a noise up stairs; I went up stairs, and Harrison was leaning over the hand rail, bleeding; says I, young man what business have you here; he looked up at me, says he, I have business here, and I will fight the best man you have; it was after Waters had been fighting with him; says I you are in liquor, and the footman sent for some beer, from the Coach and Horses, and they drank together, and went away; at four they went over to the Coach and Horses; I was not there.

What character does this young man bear; A sober, quiet man, I never knew my nephew have a word with any person; Stone is a quiet man as any I have, he has worked for me a good many years.

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

BOTH NOT GUILTY .

Not Guilty on the Coroners Inquisition.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17860830-96

757. ELEANOR DAILEY was indicted for feloniously receiving on the 22d day of July last, twenty-four yards of callico, value 4 l. the property of John Ashby and John Philpot , knowing the same to have been stolen .

(The case opened by Mr. Peatt.)

JOHN PHILPOT sworn.

My partners name is John Ashby ; on the 1st of June, I lost a piece of callico out of my grounds.

(The conviction of Boze Venner read, and examined by Mr. Garrow, prisoner's Counsel.)

Did you prosecute this indictment, against Boze Venner ? - Yes.

For what offence? - For robbing my grounds of a piece of callico; I saw it since at Bow-street, about a month ago; I think this to be the same I lost; because there never was any but that one piece in that state, it was unfinished when it was taken; it was a pattern peculiar to myself, it was without blue or green in it, there was enough to make four gowns.

Was you present when this prisoner was examined in Bow-street? - Yes.

What did she say there?

Mr. Garrow. Was she sworn? - She was.

I submit we cannot hear what she said.

Court. I cannot receive in evidence any thing she has said on oath.

Philpot. Her examination was taken in writing, she did not sign it, she denied it all; as she was going in the coach, she said she new Venner, and would tell the whole in Bow-street; she said the piece was brought to her in her own dwelling; I made her no promise, she said she bought two pieces of him; I cannot say the sum; I took out the pattern and she said that was it; what she said she gave, was not above a third of the value.

Mr. Garrow. Do you remember any conversation about a person of the name of Fiddle? - Yes, she was bound over to prosecute this woman; but we cannot find her; the prisoner said she did not know it to be stolen.

JACOB FREEMAN sworn.

I am the officer; I apprehended this woman the 24th of July; no promises were made her that I know of; she denied every thing before the Justice; I do not think she confessed any thing in the coach.

Mr. Garrow. Are there any examinations returned? - No; when she said any thing about it, she said, she did not know any thing was stolen.

SAMUEL CLARINEAUX sworn.

I live with Mr. Matthews in the Minories; I took this gown in pawn from the prisoner, the 22d of July. (Produced.) I sent her twelve shillings; that is near the value; I never saw her wear this gown; I have taken clothes of her before; she sold apples.

(Deposed to.)

Prisoner. If the counsel will call in my witnesses, that is enough.

MARY GEARY sworn.

I am the prisoner's daughter; Elizabeth Fiddle , otherwise Bet Thompson, came in about ten days before Whitsuntide, and asked me to buy a piece of cotton; I said, I had not money; then she said, do buy it, it will make you a handsome gown; I said, it was a very odd pattern; she said, she had it from a man that smuggled it from an East India ship; my mother came; she asked my mother to buy it; I said, do mother, buy it, and I will pay you in the course of a week; my mother said, where did you get it? she said, she had it from an East India ship; my mother offered her sixteen shillings, I said, seventeen shillings, she gave her eighteen shillings, and a quartern of brandy; there was about nine yards and three quarters; there was a gown made out of it for the old woman's wear; that is this gown that was pawned; she wore it publicly; one Mrs. Moore, a mantua-maker, made it; I thought it was a fair price.

How old are you? - I am twenty-four years of age; I live with my mother.

What is your business? - I make men's small clothes; a woman was present at the time it was bought, she came for a piece of sattin to seat a pair of breeches; her name is Nan Coffee ; I believe it was between one and two.

Freeman. My Lord, I wish to speak; this woman positively swore at Bow-street, that she sold this piece that she bought in Rag-fair.

Court to Gearey. Have you heard what Freeman has said, what do you say? - Your Lordship, it is a lye; there were nine yards and three quarters; it would make two gowns, one was made, and the rest was sold in Rosemary-lane, for ten shillings; there were four yards and three quarters in the gown, and five yards were sold.

Court to Prosecutor. What is the lowest value of it, incomplete as it is? - It is worth four shillings a yard; thirty-six shillings.

ANN COFFEE sworn.

I went to the prisoner's house to get a piece of sattin, to seat a pair of breeches, and whilst I was there, Bet Fiddle came in with a black silk handkerchief, and she asked the daughter to buy a remnant of cotton, and it happened to be callico; she pressed her to buy it, and says the daughter, where did you get it? says she, I bought it of a fair hair'd man, from on board a ship; then the mother came in, and she asked her to buy it, and offered it her worth her money; says the old woman in answer, where did you get it? I have bought it, says she, of a fair hair'd man that duffs on board a ship; it measured nine yards and three quarters, and she asked her, what she asked for it, and she gave her eighteen shillings, and sixpence was spent in a quartern of brandy; she paid seven shillings and sixpence in silver, and half a guinea; I did not drink a spoonful of brandy; I would not give above half a crown, or two shillings and four-pence a yard for it; I thought it a fair price as a smuggled remnant; I never saw her wear it but once; I do not know what became of the rest; I think there might be four yards left, after she had a gown made; one colour is red, and the other purple, and it is grounded with pepper and salt colour; I could tell it without seeing it; I am sure that is the pattern, upon my oath, if I was never to be delivered of what I am carrying; I would have bought it myself if I had the money.

The prisoner called seven other witnesses who gave her a good character.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17860830-97

758. JAMES M'GOWAN was indicted for wilful and corrupt perjury, on the trial of James Gastineaux , at the Sessions-house in the Old Bailey .

(The case opened by Mr. Knowlys.)

Thomas Shelton , Esq. Clerk of the Arraigns, produced the record of the conviction of James Gastineaux , which was read and examined by the Court.

ROBERT PARRY sworn.

I believe you prosecuted Gastineaux at the May session? - I did.

Look at the man, do you remember his being there? - I do.

Did you see him sworn? - I did.

EDMUND HODGSON sworn.

I produce the short-hand notes on the trial of James Gastineaux .

Court. Were those notes take n by yourself? - Yes, my Lord.

At the time? - Yes, and have been unaltered ever since.

(The short-hand writer read the notes on the trial as follows; See Session Paper, No. V. Part III.

" JAMES M'GOWAN sworn.

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

with his right hand, and wanted to drag him from the door; in consequence of this the porter gave him a blow, and struck the officer and brought him with his knee to the ground.

Court. Do you mean to swear that he struck the officer? - Yes, I do mean to swear it; the officer fell down upon his knee, he recovered again, and the man struck at him again; the man said, if I cannot get it out from you, I will throw it a-top of you, and he took it and poured it over the excise officer, and it ran down in this manner, and he says to me, what are you about, cannot you assist me in my duty; I went and took the cann off the man's head, and saved about one half of the liquor; then immediately he told him he had fire arms about him, and he caught hold of him, and said if he had not the liquor, he would use him as he pleased; the man made a blow at him, the prisoner stood by, and missed the blow, and the pistol went off at that time.

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

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

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

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

To Parry. You are a servant to a brandy merchant? - Yes.

What is his name? - Richardson and Stephenson.

What passed at the time you met with Gastineaux? - I went to dinner about a quarter I believe it was before two, and when I came back Mr. Richardson ordered me to take some brandy to Mr. Gurney's; when I got to Gurney's house, I saw two men come after me into the house; the prisoner is one, and Gastineaux was the other; I had not a permit with me, I just turned my eye round, and I heard somebody touch the cann with a stick, and the prisoner asked me what I had; I told him what he had no business with; he said he insisted on knowing what I had, I asked him particularly whether he belonged to the Excise, and to shew his deputation, and he said his name was in the Excise, and was well known there; when I insisted on seeing his deputation, Gastineaux said he was an officer; I was in the house; I told him I did not care what he was, he insisted on having the liquors, and I told him I should go home with the liquors again to my master's for a permit; I went up a passage in the house, with an intent to go home, and Gastineaux ran under my arm and stopped me, and brought me back again to the place where I stood first; I do not know what words passed particularly, but some words passed; I told him if he had a mind to seize the liquor on my head he might take it down, he wanted me to put it down; I told him I would not, Gastineaux clapped himself a second time against the door, and got hold of my collar, and tore my jacket, and then he gave a push against me till the cann fell down flat to the floor.

Did the cann fall down? - The cann fell down.

You are quite sure the cann fell down? - I am sure of it.

Was the liquor spilt? - The liquor was spilled in the passage, some of it fell in my shoes, and some might fall on Gastineaux.

Jury. All of it? - No, I should think not, because it was in a five gallon cann.

Before this happened had you poured

any of the liquor over any person? - No, I did not; I could not say the liquor did not go over him, the cann fell down by his pushing between him and me, I had some of it over me, and he might have some of it; I did not pour the liquor wilfully over any person.

Did you by accident? - I could not see the cann; it might, the cann being full the passage was narrow; I was looking at the brandy, and Gastineaux stood against the door, and at that time I heard somebody behind me cry out mind; I turned round, and as far as I can tell, I saw the pistol within a few inches of my body; I never touched the pistol; I dropped down on one side, and in that instant the pistol went off, and wounded my fore finger of my right hand.

Describe in what manner you dropped down? - I turned round in the twinkling of an eye, and dropped on my left hand flat to the ground, and had this right hand up, and the pistol went off, and wounded the hand that I held up.

Is what you have told us all that passed before the pistol went off? - It is.

Did you pour the brandy upon him? - I did not.

Did you knock him to the ground; - I did not.

Did you attempt to strike him? - I did not, I am sure of it, and another thing that the prisoner said, that I dammed his blood, that is not true; I am not a man given to swearing.

Court. You swear positively that you neither struck him, nor attempted to strike him? - I did not.

Jury. Nor had hold of his clothes, nor any thing of that kind? - Not to my knowledge.

How many persons were present? - Several.

Did the pistol hurt any body besides yourself? - It hurt one John Turner , it lodged in his side; I think he is gone to sea.

It would have hit you, if you had not dropt down? - Certainly Sir.

Did Gastineaux say any thing in the presence of that man, after he had shot at you? - I cannot say any thing to that.

You did not hear it? - No Sir, because I was not there, after I took him to the tap room, I went to my masters.

Court. Are you sure that nobody took the cann from your head? - I am sure of that, the cann fell quite to the ground.

Did Gastineaux fall down at all? - No, Sir.

Are you sure of that? - I am sure of it, not before the pistol went off.

What made him fall down afterwards? - I took hold of him, and he fell down, and begged of me not to kill him, or something of that sort.

Before the pistol went off you made no attempt to strike at Gastineaux? - I did not.

Did you say any thing, when the cann fell down? - I fancy I did say something to this purpose, now you have done a fine job; I had my head down, looking at the brandy, and it was something of those words.

Court to Prisoner. Do you wish I should ask this witness any other questions? - Yes Sir, one half of the liquor I saved and is in the Excise Office now, and if it fell off, it is very odd I should.

Court to Parry. What sort of a cann was this? - A five gallon copper cann, narrow at top and broad at the bottom, as they have them at the distillers.

How high is it? - About fifteen inches high, very broad at the bottom and narrow at the top.

Did it fall on the mouth or the bottom? - I did not observe that.

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

Reference Number: t17860830-97

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 30th of AUGUST, 1786, and the following Days;

Being the SEVENTH 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 VII. 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 James M'Gowan .

JOHN WILLIAM MENCKE sworn.

I saw part of this transaction at Mr. Gurney's house, on the 3d of May, as near as I can recollect, about half past two I came into Mr. Gurney's house; when I came in, I saw Gastineaux the Excise Officer, and this prisoner standing before the bar, before the porter, with a five gallon cann on his head, which I was told had liquor in it, the Excise Officer said, have you got a permit? he said I have, but I have it not here; he went into the bar, when he had been a little while in the bar; the Excise Officer said to the porter, there you may stand as long as you please; a little while after Parry said I will go, you may follow me; the Excise Officer went after him, and said you shall not go; and then I heard the falling of a cann; it certainly was the falling of a cann by the noise, I heard not an uncivil word spoken by the porter; I heard the cann fall with a considerable noise, I am sure by the noise it must fall, it could not be set down by any person; when I came to the corner of the passage, looking round, I saw the Excise Officer hold a pistol at the porter and fire it off, and by the position I stood in the ball must have passed within a foot of my body, and it went through the coat and grazed the side of a man that belonged to the India Warehouse, his name is Jones, and it lodged in the side of Turner, Gurney's man; Turner said immediately I have got it, he was immediately carried into the bar.

At the time you saw Parry, was he in the position of a man striking him? - He was not; I could not see in the passage, because I was in the bar, when I ran to the corner of the passage I saw him holding the pistol in his hand.

Could you have seen Parry attempting to strike him at the moment he fired the pistol? - I certainly could; at the moment he fired the pistol, there was no attempt to strike him.

Immediately after this did you hear Gastineaux say any thing as to what he had done? - Yes, I went up to him, and I said, you have shot a man, says he, I did not intend to shoot the man I have wounded, I intended to shoot the porter; he has often used me ill in the streets; sneered and laughed at me, and bid me defiance; the prisoner was present at the table in the tap room and heard it.

Court. After the cann fell, when you

went to the corner of the passage and looked round, what did you first see? - I first saw the excise officer close to the porter, and holding something to his side, which I did not know was a pistol till I saw it go off.

PAUL PERRY sworn.

I was at Mr. Gurney's on the 3d of May; I came in just as the officer and the porter came in together; I happened to hear some words from the officer to the porter; I stood by them to listen, by the porter, I mean Parry; the officer asked the porter, what he had got there in his cann; he said, it was not material to him; he said, he would see, and he tasted it with his gauging rule, and he put the rule into the cann, and said, it was brandy; well, says he, I shall seize it; very well, says Parry, if you will go with me to my master's, you may see the permit; words passed; they waited a little time; one said, I insist on having it, and the other refused taking it down, and said, he should not have it; then in a little time, the porter attempted to go out at the door, and told Gastineaux that he might go with him if he chose, and Gastineaux made no reply, but slipped by him and put his back to the door; Parry desired to have liberty to go out of the door; the other refused it; there was not a single word passed by any person but themselves; I saw them myself, I stood in the passage and had a fair sight of them; then I saw the pistol taken out and held in his hand, then somebody that stood by me said he was going to fire.

Did any thing pass before you saw the pistol? - Only the porter desiring to go out, and the other told him he should not.

Was there nothing happened at all, I do not mean words? - Nothing at all, then the man stooped and spilled some of the liquor, the porter saw the pistol and stooped down to save himself, then the liquor fell off at that time; whether Gastineaux had a hand in it or no, I cannot say; the door has no glass in it.

Did the cann fall off his head, or was it taken off his head? - I could not see that, the passage there has no light in it, at least the shutter was up; I could not see whether it fell or whether Gastineaux put his hand on and took it; I heard a noise, a kind of a bump; it gave a rebound.

What passed when you saw the pistol produced? - Nothing at all, but only he fired a pistol as soon as ever he drew it; I saw the porter stooping, or otherwise he would have had it through the side of his head, and he shot his finger; there was a constable in the tap room, he called out, who fired this pistol.

Did you see Parry strike? - There was no striking or any thing of the kind; if Parry had struck I must have seen it; I mean to say upon my oath, he did not strike him, nor attempt to strike him.

Did you see Gastineaux come down on the ground with one knee? - I did not, I am confident if Parry had attempted to strike him I must see it.

Did you hear Gastineaux say any thing afterwards in the hearing of this prisoner? - Not any thing material in the passage; M'Gowan was th10e nearest to him; he was the only assistant he had.

What did you hear Gastineaux say in the tap room? - He said, he fired the pistol, he said, he did not mean to wound or shoot any one that had been wounded, but the porter.

Court to Parry. I think you say that after the dispute about going out, when the officer insisted he should not go out, that you saw the officer take out a pistol? - I did.

And, if I understand you right, you say, that nothing happened between them, except that dispute before he took out the pistol? - No, there was not.

Then you describe it as if the liquor had been spilled, and the cann fallen or taken off when the porter stooped to avoid the pistol? - It appeared so to me.

Did you see the pistol before the liquor was spilled? - I did; it appeared to me that the cann was on his head, when the pistol was in Gastineaux's hands; I saw

the pistol before the cann was off his head.

You say you could not see whether the cann fell off, or whether Gastineaux took it off? - No, I could not, because there was no light but the reflection from the area.

Then there was but little light in the passage? - Very little light.

And it is owing to that I think you said, that you could not distinctly say whether the cann fell or whether he took it off? - It was; there were people stood there, and one had a better opportunity one time than another.

How could you see whether Parry struck Gastineaux or not? - Oh, it was light enough to see all that; the cann was on his head till the pistol was taken out, then when it was held in this manner, Parry stooped down; I could see the cann on his head when he stooped, because I was not four feet off, it was the moment he stooped that the pistol went off, and then the cann must fall, and the liquor be spilled in the same moment.

Was M'Gowan between you and him? - No.

Where was he at that time? - He was in the tap-room, or by the bar which joins to the tap-room; for there were nobody in the passage but Gastineaux and Parry.

I think you said he was near him, as the person assisting him? - That was when he first began to talk, but in the passage there was nobody but Parry and Gastineaux: M'Gowan was near the bar, but I did not see him in the passage; Thomas Jones that was shot through the coat, and we stood side by side, he was shot through the coat and grazed his shirt.

Recollect yourself whether you are sure that that was at the time the porter stooped to avoid the pistol, or at any other struggle? - I saw no other struggle, and I saw the pistol in his hand before the liquor was spilled.

You are sure there were no blows struck? - No Sir, nor nothing tending to it? -

You saw the whole of the struggle? - Yes, from the first word speaking, I believe, to the time the pistol was fired.

Prisoner. Was you there from the time that we came into the house? - I was.

Did you see the liquor spilled? - Yes.

Did you see whether any body took the cann off the porter's head? - I cannot say that, I cannot say I did see any body attempt it, I do not know whether they did or did not.

THOMAS JONES sworn.

I was at Gurney's at this time drinking a pint of beer in the tap-room with two or three people, and after I had been there a little while, I heard some words at the bar; I went out to see what was the matter, and I saw a porter stand with a can on his head; that was Robert Parry ; two men were enquiring what he had on his head, and they desired him to let them see, the prisoner was one of the men, and the other was the Excise-man; he dipped in the rule to see what it was, and I believe he said it was brandy, there were more words; I returned into the tap-room again to my company, then I heard the porter say, good bye to you, or something to that purpose, and he went out to the passage, and went to go out of the house, and went to pull the door open, and the Exciseman got between him and the door, the porter could not get out, and the Exciseman caught hold of his coat, and tore his coat, and gave him a twink, and with that struggle the cann fell down; I am very positive the cann fell off his head, I am quite sure nobody took it off.

Had you seen Parry pouring any of that liquor over Gastineaux before he took it off his head? - No, I did not, I must have seen it if it had, it fell off his head in that struggle, the porter looked to the ground, and spoke something I do not know what, it was then the pistol went off, some person cried out, but I did not see the pistol till I heard the report; the porter heard the person cry out, and he looked at the Exciseman, I saw the porter drop down,

the ball of the pistol went through my coat.

Did Parry offer to strike Gastineaux before this? - No, never, I must have seen him if any blow had been struck, or if he had been brought with his knee to the ground; I do take upon myself to say, that he did not strike him in the passage, nor before the pistol went off, nor even attempted to strike him.

Did you hear Gastineaux say any thing afterwards in the presence of the prisoner? - I heard him say in the tap room when they were both taken, that he was the person that fired the pistol, and what he had done he could justify, or stand by, or something to that purpose.

How long might it be after the cann fell to the ground before the pistol went off? - Almost directly after, I suppose within a minute.

Did the cann fall down in the porter dropping to avoid the pistol, or did it fall off before? - It fell off in the struggle before, as I said before, with that jerk.

Then it was off his head at the time he dropped down? - Yes.

How near were you? - I do not know exactly; within two yards.

Whereabouts was Paul Parry ? - I cannot say; he was somewhere near me.

Had you light enough in the passage to see? - Yes, there was light enough to see any thing of the kind; it was in the middle of the day, about half past two in the afternoon.

Jury. You are positive you saw the cann fall from Parry's head? - Yes.

Court. What became of the pistol ball? - I do not know, it lodged in the side of Mr. Gurney's boy; it was extracted; I saw it afterwards in Gurney's hand; it went through my coat.

Court. Where is Tanner? - He is gone abroad.

There was a witness, one John Winkett ? - He is very ill at present.

Court to Jones. Was you present all the time that they were together? - Yes, except that time I returned to the tap room; when the porter said, good bye, and was going out of the house, I came out of the tap room again, and continued present till it was over.

Court to Prisoner. Have you any thing to say in your own defence, or any witnesses to call?

Prisoner. How near was I to him? - You was near the officer at the time of the struggle in the passage.

Was it the cask of vitriol that I had in my hand or was it the cann that fell?

Court to Jones. Did you see the prisoner have a cask? - Yes, it was a little cask; it was not that falling; I am positive it was the cann; the prisoner went out and took up the cann from the passage, and carried it into the tap room.

Prisoner. Every one that was there was against the excise officer, so that I have no witnesses to call.

Court. Have you any body to your charasher? - I have sent for them, but I do not know whether they are here or not, there was one John Bailie .

The prisoner's witnesses called but none answered.

The prisoner then delivered in a written defence, which was read by the clerk of Arraigns, as follows.

"May it please your Lordship, your

"humble petitioner, James M'Gowan ,

"begs the indulgence of this honourable

"Court, to attend to his situation, and

"hopes, as it is not in his power to pay a

"counsel, he shall not suffer on that account:

"he offers to your consideration

"all the particulars sworn to by the witnesses

"on the trial of James Gastineaux ,

"and you will then be informed from their

"testimony of his particular situation as

"an assistant to an excise officer; should

" he be found guilty, the prosecutor Parry

"cannot be prosecuted himself for obstructing

"the excise officer; notwithstanding

"he considers himself prejudged

"by the verdict against Gastineaux, and

"his committment on that trial; and

"though he has to lament that Mr. Fielding

"and Mr. Garrow were prevented

"from fully cross-examining the witnesses

"on that trial, and only one witness

"in part corroborates his testimony, yet

"he now solemnly asserts his innocence

"in this honourable Court; he is perfectly

"happy, relying on the verdict of the

"Jury, and had several witnesses to his

"character; he thanks this Court for their

"indulgence, and shall as in duty bound

"ever pray: he begs leave further to add,

"that when he was committed he was decent

"and clean; but has been four

"months without any assistance but the

"gaol allowance, which has reduced him

"to the greatest distress."

GUILTY .

Court to Prisoner. You have been convicted on very clear and satisfactory evidence certainly, of a perjury which in its nature must have been wilful and corrupt; there is no doubt of it, and arising from a desire that this man should have escaped the hands of justice: the offence of perjury is one extremely dangerous in its nature, and cuts up all the bonds of society by the roots; takes away the confidence between man and man, upon which the lives, liberties, and properties of all the subjects in the kingdom must depend; and it tends directly to obstruct the course of justice, and destroy the due administration of the law; it has also this further mischievous tendency, that when given in behalf of prisoners on their trial, it tends to destroy the sanction of an oath, and the confidence that a Jury ought to pay to fair and honest witnesses; for all these reasons it is an offence extremely dangerous to society and the public; therefore the sentence of the Court is, that you be

Transported for seven years .

Prisoner. I hope you will take it into consideration the long time I have been in prison.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-98

759. ELIZABETH M'CONWELL was indicted for wilful and corrupt perjury, on the trial of William White and Roger White , at the Old Bailey .

(The case opened by Mr. Knowlys.)

Willam Wilson , Esq. produced the record of the conviction of Roger White and William White .

DANIEL HUBBARD sworn.

You was the prosecutor of William and Roger White , at the Old Bailey? - Yes.

Do you remember seeing that woman there? - Yes.

Did you see her sworn? - Yes.

EDMUND HODGSON sworn.

Court. Did you take the minutes of the evidence of that woman at the bar? - I took the evidence of Elizabeth M'Conwell on the trial of William White and Roger White , in short hand; I do not know the woman.

Are those the original notes? - They are.

Have they been unaltered ever since? - They have.

The short-hand writer then read the notes as follows.

"ELIZ. 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 Bird-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 the 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."

MARY WHITE sworn.

Where do you live? - In Great Windmill-street, the top of the Hay Market; in February last, I lived at the corner of Little Windmill-street, that is just at the corner of Great Windmill-street; I am the wife of Roger White who was tried; I have not lived upon good terms with him for nine years; I lived twenty years with him happy; I have nine children by him; I did not know last February where he lived, or where he worked; I am quite sure of that.

Do you know such a place as the Spotted-dog, in Oxford-road? - I never was in the house to my knowledge, and if any body would give me a thousand pounds I could not find it out; to my knowledge, I never was in the Spotted-dog in my life.

Who did you first see on the morning of the first of February? - Mrs. Ann Sherman ; she was the first my landlord let in; he unchained, and undid the door; she called upon me about seven, or a little after; before she called upon me that day I had not been out, nor nobody had been out; the door had not been undone; I had not been at the Spotted-dog; I absolutely declare now, I do not know where the house is; soon after Mrs. Sherman came in, somebody came and knocked at the door; I desired her not to open the door till I had my clothes on; I was surprised to hear his voice, but I fancy he watched her in; I said, do not let him in till I have turned up the bed; he came in and he pulled out a shirt from under his arm, and said, Nanny, go pawn this shirt for me; he said, I must have a duplicate; I never saw it; she took it to a little shop opposite, and brought a duplicate and a shilling; I never saw my husband since, till I saw him at the Rotation office; I never saw the watch till the last session.

You did not give him a watch and a shirt that morning? - Never any such thing, God forbid.

Do you know Mrs. Scotland who keeps the Spotted-dog? - I saw her to-day; I never saw her before to day to my knowledge.

Are you sure this was the first of February? - I am not sure, but it was that day Ann Sherman called on me; I did not see Mrs. Scotland that morning, or the prisoner any where; I had seen the prisoner two or three times before; two or three months ago, but I never saw her that morning, nor I never spoke to her in my life.

ANN SHERMAN sworn.

I know the the last witness Mary White ; on the first of February last, about half after seven, I called upon her; she was in bed, and in sleep; I knocked at the door twice; she got out of bed and let me in; she was in her shift; presently after Roger White knocked at the door; I did not let him in till Mrs. White had dressed herself; when he came in be pulled a shirt from between his waistcoat and coat and desired me to pawn it, and get what I could; I got a shilling and brought it to him, and a duplicate; what passed was between White and me; Mrs. White said nothing to me about it; I do not know the Spotted-dog; it is in Bird-street, as I have heard; Mrs. White did live in Little Windmill-street, at the top of the Hay Market; I saw nothing of a watch at that time; I have known her four or five years; her husband and she did not live together since I have known her.

MARY SCOTLAND sworn.

My husband keeps the Spotted-dog; I am never up before eight in the morning.

What time is your house open? - At three in the morning.

Do you remember the 1st of February? - No, I cannot.

Do you remember any particular business that should have called you up on the 1st of February? - No, Sir, I do not, I do not recollect that I ever was up before eight above three times since I have been in the house.

If you had had any particular business to have called you up on the 1st of February do you think you should have remembered it? - I think I should.

Do you remember seeing that woman, or the last witness, or Roger White at your house on the 1st of February? - I never saw the prisoner in my house to my knowledge; I never saw her till I saw her at the Old Bailey the last session?

Did you ever see Mrs. White at your house? - I never saw her to my knowledge till this morning I saw her at the house that we met at.

Do you recollect what boy you kept on the 1st of February? - No, I cannot; I have tried and have fetched two or three, but they do not recollect.

Court. Did you keep a boy at that time? - Yes, two, but who it was I cannot recollect.

Can you at all recollect when those three times were that you was up before eight? - No, I cannot recollect.

Then for ought you know one of these times might be the 1st of February? - I might, Sir, but I do not know these people at all.

Have you any bar maid? - No, Sir, there is nobody but myself; there is no woman but me and my maid, and the maid is never up till eight in the morning, and she never comes to do any business in the house.

Have you the same maid now that you had then? - No.

Who attends the house in the early part of the morning? - Generally my husband; he gets up every morning at three; I take the late part, and he the early; he goes to bed very soon of an evening, and is up very soon in the morning.

Court to Mrs. Scotland. Do you know the 2d of February, Candlemass-day? - Yes.

You do not remember any thing particular that day? - No, I do not.

PRISONER's DEFENCE.

I went out on the 1st of February; I went into the house; it is wrong in the indictment, because it was the landlord and boy; I called for a pennyworth of purl; they sat on my right hand; Mary White came in, and her husband called for a pint of purl, and I stood looking at the news paper, and to the best of my knowledge they had not drank above once out of the pint; I never saw Roger White but once before, and that was about six years ago in the dusk of the evening, when she got him pressed I knew him by the same rule, as she called him White, she desired him to pawn that watch and shirt for a friend of her's that lay sick; he came in again, and says, Molly, it is time for me to go to my work, you had better pawn the watch and shirt yourself; he went out in two or three minutes after; I did not know how she came by the shirt; I never saw this Roger White till unfortunately afterwards; I worked for Mr. Hunter the surgeon of Hyde-park hospital, and after that, I knew they were taken into custody; one of Mr. Hunter's maids, had a brother in Newgate; I went to carry him some money and shirts, and Roger White knew me, seeing me in this house sometimes, and the son came up, and called me by my name; I said, is that your father? he said, yes; I said, what are you in trouble for? and he said, for some things that were stolen out of Mr. Stringer's house, and I have been two or three times taken up and acquitted, and my mother got us taken up again; Mr. White desired I would speak what I saw, and I said to Sally, I do not know how to leave my family to come down into Court, but if the coming into Court will save the freedom of your father and brother; I will go in the condition I am in; I shall be sure to speak the truth without fee or reward; and the truth I spoke.

Court. You now say that there was nobody in the house but the landlord and the boy, how came you to swear on the trial that it was the landlady? - I did not indeed.

Yes you did, for I have it in my own notes, as well as in the short-hand writer's.

Court to Mrs. Scotland. Is your husband here? - No.

Court to Prisoner. Have you any body here that can give you a character? - Yes.

If it was the landlord and not the landlady that was in the house, why did not you send for him to come here? - I had no opportunity to send for any one.

(The witnesses called but none answered.)

Jury. I think the wife says, she has not lived with her husband for nine years? - Yes.

Then it seems very odd he should come to her house.

NOT GUILTY .

Court to Prisoner. I hope young woman this will be a warning to you.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17860830-99

760. MARY MURPHY was indicted for that she, on the 21st of August last , a counterfeit sixpence, as and for a good one, unlawfully and deceitfully did offer to Sarah, wife of James Wright , knowing it to be counterfeited .

A second count, For having at the same time in her possession, one other counterfeit sixpence, well knowing the same to be false and counterfeit.

(The case opened by Mr. Knowlys.)

SARAH WRIGHT sworn.

I live in Fleur-de-lis-court, Fleet-street ; I keep an oyster shop ; I saw the prisoner on Monday the 21st of August in the afternoon, about four or a little after; she came to buy a pennyworth of oysters; I sold them to her; she gave me sixpence

to change, and while she was taking them from the tub I shut the sixpence in my hand and never put it any where till Mr. Holmes came in and asked me if I knew what I had taken; I looked at it immediately, and saw it was a very bad sixpence; from that the prisoner was brought back and searched, and six bad sixpences were found in a piece of brown paper; she had twenty pennyworth of halfpence in her pocket at that time; I saw them found upon her; Mr. Stapleton has the bad sixpence that she offered to me.

JOHN STAPLETON sworn.

(Produces the sixpence.)

When did you see the prisoner? - On Monday the 21st, I was going up from my own shop in Fetter-lane; I saw the prisoner; I went and told the constable, and he came out and we went into Fetter-lane, and saw her at the green grocers; we passed the shop, and we followed her all the way down Fetter-lane; she asked for a pennyworth of oysters; Mr. Holmes was in the shop; I was with him; I have had the sixpence in my possession ever since; I went and fetched her in, and six more bad sixpences were found upon her, and twenty pennyworth of halfpence; she seemed to be quite innocent of the bad sixpence.

Who has these bad sixpences? - Mr. Holmes.

- HOLMES sworn.

I went with Mr. Stapleton to Mr. Wright's shop, on the 21st of August; I saw the prisoner buying some oysters; I saw her give some money into Mrs. Wright's hand; I asked her what money she had given her, she said, sixpence; I said, is it a good one? she said, it may be for ought I know; I brought her from the door, and searched her, and found six bad sixpences, and one good one, and this pot of stuff.

JOHN CLARKE sworn.

I am employed by the Mint; this is a bad sixpence; these half dozen are all bad.

Do they appear to be of the same mould? - They are not the same pattern as that is; I do not know that either of them is; but they are fresh, because the very blackness that they put on the colouring is on them now.

Look at that little pot? - That is the blacking they make use in colouring sixpences.

PRISONER's DEFENCE.

I was selling my butter, and I left the most of it on score till the morning, I wanted change; I had not a halfpenny in my pocket; I was to call as I came back for my money, and coming down Fleet-street, I found that piec e of paper, and a little box rolled up; there was a paper outside, and the little box came out of the paper; I looked at it, and held it in my hand; I stood there a good bit to see if I could see any one looking for it; I went for a pennyworth of oysters, to have the change for it; I went for the price of my butter; I could not have it without I had halfpence; if I was to die this minute, I never offered one of them to no soul, nor I did not know that they were bad.

Have you any witnesses? - I have my neighbours; I believe they are here.

The prisoner called three witnesses to her character.

GUILTY .

To be imprisoned twelve months in the House of Correction , and find securities for two years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: s17860830-1

The Sessions being ended, the Court proceeded to pass Sentence, as follows.

Mr. Recorder passed sentence on the capital convicts, as follows:

"Prisoners at the bar, you have all

"been convicted upon satisfactory evidence,

"and by the verdicts of very merciful

"and attentive juries, of crimes

"which the laws of your country have

"thought necessary to punish with death;

"the dread of that punishment, the respect

"due to the laws of God and your

"Country, and even the dreadful examples

"which have been held forth to you

"by other unfortunate and wretched sufferers,

"in situations similar to yours,

"have unhappily for you been insufficient,

"to produce that effect on your minds,

"which should have deterred you from

"the commission of those crimes which

"have brought you into a like unfortunate

"situation: It would therefore

"be in vain for me to expect that any

"thing I can say to you would make a deeper

"impression on you than those repeated

"examples. It therefore only remains for

"me (after earnestly praying that the little

"time which now will be allotted to you to

"live, should be so employed as to secure

"that pardon for you hereafter, which

"you cannot hope to receive here) to

"proceed to the last and most painful part

"of my duty, in pronouncing on you the

"dreadful sentence of the law, which is,

"that you, and each of you, be taken from

"hence to the place from whence you

"came, and from thence to the place of

"execution, there to be hanged by the

"neck until you are dead: and may the

"Lord have mercy upon your sinful

"souls.

Received Sentence of Death, 15, (viz.)

William Wilkinson , George Lee , Alexander Seton , George Connoway , John Brown , George Woolford , John Batt , William White , John Watson , Henry Brown , John Shepherd , George Smith , James Wood , Thomas Tanner , Henry Lenham .

To be transported for fourteen years, 1.

Boze Venner .

To be transported for seven years, 31, (viz.)

Robert Jones , William Bugden , Edward Williams , Esther Abrahams , James

Foothead , Edward Hall , Thomas Harwood , William Emery , Elizabeth Osborne , Jane Herbert , Thomas Marshall , William Larter otherwise Larbold, William Peters , Esther Harwood otherwise Howard, James George Semple , Joseph Piggin , Nicholas Deadross , George Gibbs , Mary Jackson , Martha Burkitt , John Moore , John Keys , Charles Mann , William Million , Martha Baker , William Henning , George Warwick , Charles Crowley , Joseph Abrahams , William Nobs , Thomas Sawyer .

To be imprisoned for twelve months, 10, (viz.)

Sarah Jones , Ann Crow , Lydia Bills , Sarah Carey , Charlotte Mason , Hyam Solomon, Sarah Pearson , Samuel Dring , Michael Roach , James Grace . (The three last fined 1 s.)

To be imprisoned for six months, 8, (viz.)

Mary Davis , Ann Symonds , Ann Smith , Ann Clapshaw , Elizabeth Cooper , Isabella Leicester , Ann Ware , William Lewin .

To be publicly whipped, 7, (viz.)

Patrick Summers , John Monk , William Harris , Hyam Solomon , William Lewin , John Skeggs , John Welch .

Sentence respited

On William Brown and William Trapshaw .


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