Old Bailey Proceedings, 25th October 1786.
Reference Number: 17861025
Reference Number: f17861025-1

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 25th of OCTOBER, 1786, and the following Days;

Being the EIGHTH 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 VIII. 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 Right Honourable Sir JAMES EYRE , KNIGHT, one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

William Worrall

John Lovell

Joseph Furnival

Richard Williamson

William Hopkins

John Parry

William Boutry

Henry Goldsmith

Timothy Dermot

Richard Stroud

John Smith

Joseph Wells .

First Middlesex Jury.

James Caney

Charles Marshall

Thomas Kebble

Robert Mills

John Moxey

Edward Kitchin

James Sorrell

Hugh Wright

Lancelot Henry

William Williamson

John Skirwin

Joseph King .

Second Middlesex Jury.

William Handy

George Oliver

Samuel Cochran

William Robinson

William Brown

Rowlison Greenly

John Allen

Benjamin Brown

Thomas Phillips

John Peckwell

Alexander Urquhart

Alexander Mitchell .

Reference Number: t17861025-1

761. RUTH BALDWIN , otherwise BOWYER was indicted for feloniously stealing, on the 24th day of June last, three table spoons, value 20 s. two silver desert spoons, value 10 s. the property of Joseph White .

JOSEPH WHITE sworn.

I keep the Bush at Staines ; on Saturday, the twenty-fourth of June, I lost the spoons mentioned in the indictment; I missed them in counting them about twelve o'clock; two of the table spoons were

marked I. S. White, and the desert spoons were marked I. S. White; upon the bowls and the other table spoon was marked Willis, Thatched-house-tavern; the prisoner was a servant to me about seven weeks, and was discharged the morning the spoons were missing; she was kitchen maid ; I never saw the property upon her; I have seen them since, on the 8th of October, in the possession of James Fish the constable; I knew them again.

JAMES FISH sworn.

I am a constable; the prisoner was in custody at Mr. Martin's about twelve at night, on the 7th of October; I found nothing upon her; I believe she was taken on suspicion, without a constable; the next morning she sent for me, and told me, she saw a woman hide a spoon in a hedge, and we went with her and found all the five spoons hid in a bank under ground; this bank was about a mile from the prosecutor's; I heard no promises made to the prisoner; I have had the spoons ever since.

(Produced and deposed to by the Prosecutor.)

RICHARD MARTIN sworn.

I am keeper of the Castle at Windsor; on the 7th of October, I heard Mr. White's spoons were offered for sale; and I took a post-chaise, and went to acquaint Mr. White; then we went to Justice Wyatt's; we pursued after her to Egham, and took the prisoner into custody, at her aunt's in Egham-street, on the 7th of October; her aunt's name was Bowyer, and she went in that name; we took the aunt into custody also; we took them to my house and there we persuaded the girl if she knew any thing about the spoons to own it; she declared she did not; and she denied she had been at Windsor for a ring; then we sent for young Mr. Coombes, the ironmonger, at Windsor; who said the prisoner was the person that bought a ring, and offered the spoons for sale; I went with her, and the constable, and she shewed us where the spoons were hid in the bank; she said, she saw a woman hide one there.

MARY FORD sworn.

I am servant to Mr. Coombes at Windsor; he is an ironmonger; the prisoner came to our house on Saturday morning, the 7th of October; she asked if Mr. Coombes sold gold rings; I never saw her before to the best of my knowledge; I believe it is the woman; I shewed her some rings; then she asked me if we bought old silver, I said, yes; she pulled five spoons out of her pocket; I did not examine them; I took no notice of them; I gave them directly to James Coombes to weigh; he asked her how she came by them; and she said, she had done washing for a man, and he was gone away, and left her the spoons, and the spoons were of no use to her.

JAMES COOMBES sworn.

I am an ironmonger; these spoons I received from the last witness, on the 7th of October; I am sure the prisoner was in the shop at the time, but I did not see her give the spoons to Mary Ford ; I then asked her how she came by them, and where she lived, and what she gave for them; she said, her name was Bowyer, and she lived near the Six Bells, at Windsor, and that the spoons were left her by a man who owed her money for washing; I told her, I was doubtful they were not her property, and I would take down the marks in my book, which I did; I returned her the spoons; the marks correspond with my book; here are two table spoons, engraved I. S. White; the other table spoons, Willis, Thatched-house; the two desert spoons marked I. S. White, Staines; I immediately wrote to Mr. White.

Court to Prosecutor. What name did she go by at your house? - I do not know; I believe the name of Yalden; but I cannot say.

PRISONER's DEFENCE.

I am not guilty of the crime; I have no witnesses.

GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17861025-2

762. WILLIAM THOMPSON was indicted for feloniously stealing, on the 5th day of September last, one linen handkerchief, value 6 d. the property of John Parker .

JOHN PARKER sworn.

I live in St. Paul's church-yard; I am a jeweller and goldsmith ; I lost a linen handkerchief on Tuesday the 5th of September, between four and five in the afternoon; I went into Smithfield during the time of the fair to see a heifer with two heads, with two ladies; I heard a great noise, and I saw the prisoner in custody of two constables, and a handkerchief; one of the constables is named Forsyth, and the other Boutflower; he held up a handkerchief, which I swear to, being my property; I missed my handkerchief at the same time; it is a linen handkerchief; it had no mark on it; I swear to it by the general use of the handkerchief; it was my father's he is lately dead, and had several of them twelve or fourteen years.

Prisoner. Where was you when the constables had hold of me? - In the fair.

Had not you been in the shew? - No; I saw the handkerchief just before, and put it into an inside pocket.

WILLIAM BOUTFLOWER sworn.

I am a green-grocer and constable; me and my partner Forsyth were sitting in a public house the corner of Hosier-lane, and Forsyth says to me, there is Thompson after that gentleman; he had two ladies with him; I went up to Thompson, and Mr. Parker was handing the ladies up to the shew, and the prisoner was close to him, and picked his pocket; I saw him; I was close to his back; I could look over his shoulder; I saw him put his hand behind the lap of the gentleman's coat, and I suppose he was above a minute before he took the handkerchief out; I clapped hold of him, says I, you dog, I have caught you then I saw him drop it, I picked it up. (Produced and deposed to.) I kept it in my possession ever since; I shewed it directly to Mr. Parker; he said, it was his handkerchief; he felt and missed one.

Jury. Do not you think there are other handkerchiefs of the same mark? - Very probable.

WILLIAM FORSYTH sworn.

I am a constable; on the 5th of September, I was on duty at Bartholomew fair; it was Tuesday; me and Boutflower went into a public house; I saw the prisoner go past, and attempt Mr. Parker's pocket, feeling under his coat; I immediately told my brother officer; he went close to him; I was about four yards behind; I saw him take hold of the prisoner by the collar; and says he, he has picked that gentleman's pocket; and I saw the prisoner drop the handkerchief out of his right hand; I believe this to be the handkerchief; I asked Mr. Parker if he had lost anything; he said he did not imagine he had; he felt for his watch, and then for his handkerchief, and said he had lost his handkerchief.

Prisoner. I was going across Smithfield, and they took me; they attempted to swear away my life last session *, and they said now this will do: if it is not true may God never receive my soul.

* This prisoner was acquitted last session of a highway robbery, by the parties not attending; and this larceny was committed within ten minutes after his discharge from Newgate.

GUILTY .

Tried by the London Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17861025-3

763. JOHN BOXLEY was indicted for feloniously assaulting Elizabeth Monk , in a certain open place, near the king's highway, on the 12th day of September last, and putting her in fear, and feloniously taking from her person, and against her will, two linen shirts, value 4 s. two shifts, value 4 s. a cotton gown, value 5 s.

and a cotton skirt, value 4 s. her property .

ELIZABETH MONK sworn.

I am servant to my uncle; he is clerk to Mr. Scott's lime wharf; on the 12th of September, on a Tuesday at four o'clock in the afternoon, I had been to Knightsbridge for my linen; and coming to Chelsea , I saw three men sit at a public house door at Bloody-bridge ; I got a little distance from this public house, and I saw three men behind me; and John Boxley , the prisoner at the bar, who was one of the three, came up to me, and bad me throw down my bundle which I had under my arm; and I said, for God's sake do not take my bundle from me; I never saw him before; he directly said he would be damned if he did not lay his stick about me; this alarmed me, as he had his stick in his hand at the time; the other two men were close to him; there was no conversation between them, they were all three together; then I threw down my bundle, and one of the others picked it up; after they had got a distance from me, I turned round to see which way they went; and the prisoner called out, damn you, madam, make the best of your way home, or else I will be after you; I made the best of my way to Chelsea; the bundle contained the things in the indictment; I did not see the things put in, but I had a bill of them; I put two shifts in the bundle, but not the shirts; the gown was rolled up in the bundle; I did not see the skirt, but I am sure I saw the shifts; they were wrapped up in the gown; the things belonged to Mr. Jacobson; I went after them, because my aunt takes in washing.

Court. Have you any interest in the washing of these things? - No, Sir, I am only a servant.

If you had lost them, should you have thought yourself liable to have paid for them? - Yes.

How long might this robbery take up? - A few minutes; I am sure of the man; he was pitted very much with the small pox, and he had a long nose, a short thick set man; he stood facing me when he spoke to me.

Look at the prisoner? - I am sure the prisoner is the man; the property has never been found.

Prisoner. My Lord, my friends are not come.

How was the prisoner taken? - My uncle gave information; I saw the prisoner in the Borough at the Justice's in Union-street.

How long was that after you was robbed? - About a fortnight after.

Was any body else in the room? - Yes, there were plenty of people.

You went there in expectation of seeing the prisoner? - I did.

Did the magistrate, or any body there say that is the man? - Yes, they did.

GUILTY , Death .

He was humbly recommended to mercy by the Jury, there being only one witness, and no collateral circumstance in confirmation of her evidence.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-4

764. JOSEPH WRIGHT , JOHN LAWSON , and EDWARD MILLS were indicted for feloniously assaulting John Whalley on the king's highway, on the 8th day of September last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one gold watch, value 40 s. a gold buckle, value 5 s. a gold key, value 5 s. a silk watchstring, value 1 d. and eight guineas, value 8 l. 8 s. his property .

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

JOHN WHALLEY sworn.

I was returning home a quarter after twelve at night, on the 8th of September last; I

took a coach, and going along Albemarle-street , I percieved a man, in a kind of a white coat coming down by the wall, and coming across by the horses, he spoke to the coachman about the space of a minute, during which time the coachman went very easy; I saw two other men come to the right hand side of the coach, and tell the coachman to stop; upon which he immediately drew up, and stopped in the middle of the street.

Can you recollect the particular expression they used? - Stop; upon which he stopped: the first man in the white coat came up on the left hand side of the coach, and the other man went to the other door; they opened both doors, and told me to deliver my money; I saw three men before the doors were open, and when the d oors were open, I only saw two; one kept behind the wheel; they told me to deliver my money, or they would blow my brains out; after I gave them my money, which was about eight guineas, they asked for my watch; I said I had none, upon which they pulled out something very much like a pistol, but whether it was or no, I cannot say; and told me, if I did give my watch, they would blow my brains out, upon which I gave them my watch; it was a small gold watch; they then shut both doors, and told the coachman to go on; he went on very fast; I then perceived a watchman running under the wall after a man in a darkish coat, upon which I told the coachman to let me out and I would pursue them, but he drove on a great deal faster, so that if I had tried to get out, I must have been run over; I said stop, stop, as loud as ever I could, three or four times.

Do you know whether he heard you? - I cannot tell whether he heard me or not.

Were the glasses up? - Both the side glasses were down.

Had you any string? - I did not perceive any; I did not let down the window at the back of the coach, nor I did not put out my head, I only called out very loud; he drove fast till I got into Conduit-street, where I lodge; I directed him to No. 31; he did not know the number; he drove into the middle of the street, upon which I told him to let me out; and I told him, I believed from the circumstances of the robbery, that he was privy to it; and I would go and swear against him the next day; I took his number; he said he wondered how I could think he was guilty, he was a very honest man; I took his number, and went to my lodgings, which are about the middle of the street; the coachman followed me, and I paid him his fare, and he went away.

Have you any knowledge of the persons that committed the robbery? - I could not swear to them, I can swear to the coachman; I have since heard his name is Mills; I gave a description of Wright, as being like the man that I saw in the white coat.

What do you say about the other man? - The man that took my money, was a taller man than the man that came up to the horses first.

Was it a dark night, or a light night? - It was rather dark.

Mr. Knowlys. I think in your examination before the Justice, you said that it was so dark you could not discover what weapon it was that he approached with with? - No, Sir, I did not say so, I said I could not see whether it was a pistol or not; when a man tells another he will blow his brains out, he cannot tell exactly what the weapon is.

Then from the darkness and the alarm together, you could not distinguish what weapon it was? - No, Sir.

ROBERT EAST sworn.

I live in Old-street; I am a Cooper by trade; the prisoner Wright, and one James Dawson came and asked me to buy a watch, they asked me four guineas for it; I told them I did not think it was worth it, but I was not a judge, and I fetched a person to buy it; they agreed to take a guinea and a half for it.

Court. Who was the person you fetched? - An acquaintance of mine.

What is his name? - Robert Pearce .

What is he? - A mason by trade.

Does he happen to buy watches? - Not in particular as I know of.

Did he buy it? - Yes, for a guinea and a half.

What became of that watch? - One of Sir Sampson's men has it in his custody; I know nothing more.

How long have you been acquainted with the two prisoners Wright and Lawson? - I have seen them before, but I never spoke to them before that day.

Where was this that these people came to you? - In Old-street.

Did they come to your house? - Yes.

Do you deal in watches? - I live at a pawnbroker's.

You said you was a cooper? - I am a cooper by trade, but I lodge at a pawnbroker's.

What business do you follow? - A cooper.

How came they to apply to you? - There was nobody else at home.

Do you ever serve in the shop? - Sometimes.

Do you ever work at your trade of a cooper? - Yes.

Where? - Why, with different masters.

Who did you work with last? - Mr. Kemp.

How long ago? - I cannot justly say.

As near as you can recollect? - It may be about three months.

What may be the pawnbroker's name? - Mrs Harris.

Perhaps you have some interest in the shop? - No interest at all in the shop

Was you in the shop? - I was in the kitchen.

How came these two people in Mrs. Harris's kitchen? - They came in at the back door which leads into the kitchen, and I was in the kitchen.

Is that a door that people use to come to, to pledge their goods? - There is a way at the back door as well as the front to the shop; this back door also leads into the shop; they came into the kitchen; they wanted to sell the watch; they did not ask to pledge it; so I brought Pearce to buy it.

I suppose it has happened to you before this time, that people have come to this pawnbroker's shop to sell things, and you have got them a purchaser? - Yes.

Is Pearce the man you usually get? - No; this watch was a small one, and I did not know the value of it, or else I should have bought it myself; he lodged at the same pawnbroker's as I did.

Where did you find Pearce? - I found him in the Old-Bailey.

Then perhaps though Pearce bought it, you and he went halves in it? - No, my Lord.

What did you let Pearce have the benefit of the whole job to himself? - Yes.

So you had not been acquainted with Wright and Lawson before? - Not at all.

You said something of having seen them before? - Yes, I had seen them before; I had a knowledge of their faces.

How often might you have seen them before? - That I cannot say.

Had they ever been at your friend Mrs. Harris's shop? - No, Sir, not to my knowledge.

Where had you met them before? - I had seen them go along Old-street.

Do you know what occupations they follow? - No.

Did you know their names? - Not till they were given in at Sir Sampson Wright's.

Mr. Knowlys. Mr. East, how long have you lived at this house of Mrs. Harris's? - Ever since I first took my lodgings there.

How long is that, pray Sir? - I cannot justly say to a day or two; I very often lodge there, particularly when I am out of work I go there; Mrs. Harris is my own sister; sometimes I work at one end of the town, and sometimes at the other; when I work near there, I lodge there.

Are you constantly changing your work that you are changing your lodgings? - Yes.

You do not live with the people where you work? - No only lodge near them.

You are often with your sister? - Yes.

How long ago is it your sister was tried for receiving stolen goods? - You must ask the Court that; I do not chuse to answer that; it does not concern this matter.

In fact your sister has been tried for receiving stolen goods, has not she? - What occasion have you to ask me that.

Court. If you know it you must give the answer? - It does not concern this fact.

Mr. Knowlys. Give the answer, and give it immediately? - I cannot tell to the time.

Was she tried for receiving stolen goods? - She was tried for a misdemeanor.

What was that misdemeanor? - You must apply to the record for that.

How long have you been acquainted with Pearce? - Ever since I first knew him.

Court. I will not suffer you to insult the Court in that manner, by giving such impudent answers? - If he asks me impudent questions, I have a right to give him impudent answers.

Court. You will not go from hence my friend at liberty if you go on so; you was asked a fair question; if there had been any doubt about your character, your answering in this manner fixes it forever; if you dare give such another answer as that I will send you to Newgate instantly.

Mr. Knowlys. Now Sir, how long have you been acquainted with Pearce? - About four years, he lodges in the same house.

How long has he lived with her? - I cannot say.

Upon general knowledge, speaking to a month, or two months, or three months? - I cannot justly say.

How long has he lived of that four years with your sister? - I cannot say; I am not always at home; it is very seldom I am at home.

Tell me as near as you can guess how long he has lived in the same house with Mrs. Harris? - That I cannot tell.

Do not you call on your sister very frequently? - Yes.

Have you not found Pearce a lodger there when you have called there; - Yes.

Have you a reasonable belief that at that time he has lodged, and had been intimate with your sister? - My sister's affairs are nothing to this matter; it is not a fair question.

Court. I do not see any necessity to enquire into the degree of intimacy between his sister and Pearce.

Mr. Knowlys. Have you ever known Pearce tried for any offence? - He might be and I not know it.

Do you know in point of fact that he has been tried or not? - I do not recollect that ever he was tried for any offence of theft, not since I have known him.

If such a circumstance had happened should not you have known it? - I am positive sure he never was since I knew him.

Do not you know in point of fact that this man, Mr. Pearce, has been capitally convicted? - No, Sir, I do not know that.

What part of the Old Bailey was it that you found Pearce in; was it not in that building there? - It might be.

Was it not in Newgate? - Yes; he was talking to Mr. Pitt the turnkey when I found him.

Was not he a prisoner at that time in Newgate? - No.

You are sure of that? - Yes, I am, or else he could not have gone home to have bought the watch.

Was not Mrs. Harris, your sister, in Newgate at that time? - You may ask Mr. Akerman.

I ask you Sir?

Court. Was she in Newgate confined at that time, or was she not? - Yes, Sir.

Mr. Knowlys. Did these men call you by your name when they came in? - No, Sir.

How came they to come to the kitchen? - Why, many people make a mistake and take the kitchen for the shop.

How came they to apply to you there? - Because there was nobody else present.

How long have you been in the habit of recommending people to buy watches? - I never recommended anybody.

Then this is the first time you have recommended a bargain of that sort? - Yes, Sir.

The very first time? - Yes.

Did you give information at Bow-street? - No, Sir.

Do you work now at your business of a cooper? - No, Sir, I am talking to you now; I am not at work now.

Do you work when you are not in this place at your business as a cooper? - Yes.

How long have you continued to work? - Ever since I first went apprentice, when I could get work to do; I have been out of work at times; I worked ten years in one yard, and never was out of work; I did not know the prisoners at the time.

Court. If I took your evidence right, you said you knew their persons and not their names? - Yes.

Mr. Knowlys. How often have you given evidence against prisoners before this time? - Never in my life.

Have you never shared a reward with a person who has given evidence against them? - No, Sir.

Never with Mrs. Harris and Mr. Pearce? - No, Sir.

Of that you are certain? - Yes.

JAMES DAWSON sworn.

What are you? - I have been a gentleman's groom; I am out of all sort of employ at present; I think it was the 8th of September, between twelve and one, I was drawing beer at Mr. Minto's, the George and Crown, in Broad-street, St. Giles's, and one Joseph Crawley an acquaintance of mine came in there, and he called for a shilling's-worth of punch; in about a minute or two after Wright and Lawson came in together; Joseph Crawley gave me a guinea to change, and I carried it to the landlord of the house, and got change, and returned him the money, and he gave the other men four shillings and sixpence a-piece, and while they were drinking this liquor, they said, they would have a pair of sticks; then they had two or three shillings-worth more.

What did they mean by a pair of sticks? - A pair of pistols I imagine; I cannot say which of the three it was that said this; I do not know what time it was that they went away; I was in the tap room drawing beer; in the morning I went to Joseph Crawley 's room, in Blue-court, Saffron-hill; I knew Joseph Crawley when he lived with the Duke of Buccleugh; I had not been long in his room before Joseph Wright came up there, and asked Joseph Crawley , if he had disposed of the watch; he said, he had not, nor did not know where to dispose of it; and Crawley asked me, if I knew of a place, and I told him, yes; I told them of one Mrs. Harris, Old-street-road; and Joseph Wright went down to a public house, the Distillers Arms, the corner of Blue-court, and waited there till Joseph Crawley had got his things washed, and Crawley and me went down to the public house, and then Joseph Wright and another young man with him, that I do not know, and me went to the Distillers Arms, the corner of Blue-court; then this young man left us; he did not come up to Crawley's room; and then Wright, and Crawley and me went up to Old-street-road; when we came there, Crawley went into the public house, while Wright and I went to Mrs. Harris's with the watch; Wright and me went to Mrs. Harris's; we went in backwards; there was a young man there, and a young woman; I cannot say the young man's name.

Do you know him? - Yes, I should know him if I was to see him; it is not one of the witnesses; Joseph Wright asked him to buy a watch.

Where did you find that young man that you saw first? - He was in the kitchen, or the parlour; Wright asked four guineas for the watch; he told me, he did not know the value of the watch, but he would send another person to know the value of it; he sent another person with the watch; and while he was gone, we had a pot of beer in the house; so he came back and brought another man along with him, who offered Joseph Wright a guinea and a half for the watch.

Who was that other man? - He was a stoutish man; Wright went out, I imagine to inform Crawley, and he came in and took the guinea and a half; and after he went out and gave Joseph Crawley half a guinea, and kept the guinea himself.

What had you? - I had none at all.

Do you know the man's name that was brought back and bought the watch? - No, Sir; he was a lusty man; I saw the watch in Joseph Wright 's hand; I never saw it till Crawley gave it to him; I never saw it before.

What sort of a watch was it? - A small watch.

What colour? - Yellow.

Did you take any notice of the key or seals, and the chain? - No; I do not think there were any seals to it.

How long have you been acquainted with this set? - I do not know much of Joe Wright nor Jack Lawson , only seeing them in company with Crawley.

Mr. Knowlys. The young man you first saw was not East? - No.

How long have you known East? - I do not know him at all.

ELIZABETH MINTO sworn.

I live now in Tavistock-mews; I then kept the George and Crown, in Broad St. Giles's; there were three people came in, but I cannot tell their names; I know them when I see them; I believe two of the prisoners were there; the two outside ones, Wright and Lawson.

Do you know Crawley? - Yes, when I see him, he was one of them; they came in alltogether, I know nothing of what passed there; they went into a back room and called for some brandy and water, and sent me out a guinea to change; they had some more liquor after that; James Dawson carried in the liquor and brought me the money.

CHARLES JEALOUS sworn.

I was at the apprehending the two prisoners, Wright and Lawson, on the 12th of September; Lawson was apprehended in Stewart's-rents, and Wright in Drury-lane; on the 14th, I went to the house of one Mrs. Harris, in Old-street, and up one pair of stairs I found this gold watch; that is all; I brought East away with me; I found him there.

Do you know what became of Pearce? - No; Macmanus and Shallard searched their apartments, they are both here.

(The watch shewn to the Prosecutor and deposed to.)

PATRICK MACMANUS sworn.

I know nothing more of it than going to Wright's lodgings, and in a closet, where Shallard and I searched, there lay a turn-screw and flint, and some powder by it.

JOHN SHALLARD sworn.

I know nothing, any farther than apprehending the prisoners; I found some powder and the rammer of a pistol in Wright's lodgings; that is all I know about it.

PRISONER JOSEPH WRIGHT 'S DEFENCE.

On the 7th of September, I was going up Drury-lane; I met the prisoner John Lawson , he had been very ill; he asked me to pay him a trifle of money; I told him a person, which was Crawley, owed me some money, and it was to be left for me at the George and Crown; I went the next morning to his lodgings; Crawley told me he had no money, but if I would go with him to sell a watch, he would give it me; as I went along Old-street, he gave me the watch, and the witness Dawson was along with me; I was to ask four guineas for the watch; he came back and offered me a guinea

and a half; I told him, I could not take the money, without Joseph Crawley 's advice; I know no more of it than the child unborn.

What way of life have you been in? - I have had a news walk.

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

PRISONER LAWSON'S DEFENCE.

On the 7th of September, I was going home to my lodging; I met Wright, and asked him for a trifle of money that he owed me; he said, he had none; I went with him to Broad St. Giles's; there were two strange men; I sat down a little while; they drank some unch; he sent out change for a guinea, and paid for the reckoning; after the change came in, Wright gave me four shillings.

What way of life have you been in? - I have been bred up to the public business; I have no friends living in London, except a brother-in-law, and a sister; I am a Yorkshire-man.

Court. Is your brother-in-law here? - No.

PRISONER EDWARD MILLS 'S DEFENCE.

I took up the gentleman at St. James's Coffee-house; I believe it might be about half after twelve o'clock; I went up St. James's-street, and along Albemarle-street, and just at the further end of Albemarle-street a man in a white coat ran and took hold of the horses heads; he said, stop, d - n your blood, you rascal, stop; and he clapped his pistol up to my head directly; as soon as the coach was robbed, I heard the gentleman call out, and I understood it was to go on, and I drove on to Conduit-street.

Have you any body to speak to your character? - Yes.

GEORGE JONES sworn.

I have known the prisoner some years; I always hired him, and found him an honest man; I am in the public business, and have been sixteen years, and have known him all that time; and I now keep a watering house in Mary-le-Bone-street.

JOHN TAYLOR sworn.

I have known him twenty-three years; I was in the coach-way; he has a very good character; he was a servant of mine a great while; he is a very honest, good man I believe.

Prisoner Mills. I expected several more, but my trial came on so quick.

Court. You have a very good character from these witnesses.

JOSEPH WRIGHT , GUILTY , Death .

JOHN LAWSON , EDWARD MILLS ,

NOT GUILTY .

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

Reference Number: t17861025-5

765. JAMES COWDERY and JAMES WOOD were indicted for feloniously assaulting James Chilcott on the king's highway, on the 22d day of September 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, with a fish skin case, value 40 s. a steel watch chain, value 1 d. a metal watch key, value 1 d. and one guinea, value 1 l. 1 s. his property .

(The case opened by Mr. Silvester.)

JAMES CHILCOTT sworn.

I had been to Islington on Monday the 22d of September; I was returning home between seven and eight; it was not later than that; I was coming from Islington to Shoreditch, in the City-road , and I heard somebody running behind me; they came up with me before I could get to the toll-house; I suppose the distance of a hundred yards; Mrs. Chilcot gave them way; they immediately laid hold of me; she ran away and screamed out; Cowdery laid hold of me by the collar, and presented a pistol; he said, d - n your eyes, give me your money; then he asked me for my watch; then the other, who I have the greatest reason to believe, according to the figure of the person to be Wood; after suffering Mrs. Chilcott to make her escape, returned immediately

to me, and stood before me with his pistol to my breast; at the instant of time, gentleman passed by on horseback, and they threatened me with immediate death if I made any noise; then they ran off, and took the watch with them; I lost a silver gilt watch jewelled, in a Nourse's skin case.

Court. Is it a fish-skin case? - It is a species of fish, that they make spectacle cases of; I lost nothing more.

What was your chain? - A steel chain; I have the likeness of Cowdery perfectly, and the other by his height, and by the habit he was in.

Do you mean by the word perfectly, that you have no doubt of him? - I have not a doubt of him; the robbery might take up in all about two minutes and a half.

With respect to Wood, what do you found your belief of his person on? - By his height, and by his size, and by the habit he appeared in at the time of the robbery; I saw him at Sir Sampson's on the Monday following.

Was you particular in your description in the information? - Sir, they were apprehended according to the description I gave of them at Sir Sampson's.

Mr. Garrow, Prisoner's Counsel. What sort of an evening was it? - It was a cloudy evening; it was between twenty minutes and half an hour after seven.

Was there any moon? - No.

So that you had nothing but the light of the evening, and the atmosphere a good deal obscured? - Yes.

Had you anybody with you but Mrs. Chilcott? - No, she ran away and screamed.

I have no doubt but you was most alarmed for her? - I was.

This transaction did not occupy above two minutes and a half? - No.

Was you always as certain of Cowdery as you are now? - Yes, I described him before the magistrate, as having the greater knowledge of him of the two.

I wish you to recollect yourself; I am sure you will not suspect I am questioning you with a view to entrap you; only to know how the case is? - I did not swear to either of them positively before the Magistrate.

You expressed before the Magistrate a belief as to Cowdery, and spoke more dubiously as to the other? - Yes, he was closer to me, and I paid the greater attention to him.

What circumstance has induced you to be rather more positive to Cowdery now than you was then? - The matter I considered there was upon committment; and for that reason I thought it was not necessary for me to be so positive as I might be at another time.

Was not the question put to you whether you knew them? - It was.

And there you distinguished as to your degree of knowledge, you was sworn before the magistrate? - I was.

You was sworn to tell all the truth relative to the prisoners? - Certainly I was.

At that time was your watch produced? Yes.

Did you hear the examination of Chant and East? - Yes.

After all these circumstances together, the boys being produced to you within three or four days after your watch was produced, as you still spoke dubiously, I want to know how your memory comes to be improved now? - I thought the committment was all that was requisite at that time.

But you know the Magistrate must have the information upon oath, which bound you to tell the whole truth upon the subject; now, as on that oath, you spoke dubiously, what has improved your recollection? - My recollection is not improved.

It is wonderfully altered! and I want to know what are those circumstances that have been hatched into positiveness, matured into positiveness, which some time ago were nothing like positiveness?

Court. The question is a very plain one whether you have had any occasion to confirm

your doubts, or to make you more positive? - I can give no other answer, but that I thought it was not necessary for the committment.

Mr. Garrow. Was not you asked, and repeatedly asked by the magistrate, whether you could speak positively to this man? - I was asked.

Recollect your answer? - I cannot not recollect it.

Here are two men that are to be committed to take their trial upon a capital offence, you admit the magistrate asked you, not once or twice, but repeatedly, whether you knew them; now you can recollect his question? - He asked me whether I did or not.

Now upon your oath, what was your answer? - I do not recollect.

Court. Do you mean that the Court and the Jury should seriously believe you? - I most probably gave him some answer, but what it was I cannot say.

Mr. Garrow. Was it not, that you did not mean to swear positively? - No, it was not, in my opinion; I cannot swear positively that it was not.

Court. You have told us, that you have said you was not positive, now what was your answer? - I cannot be positive to the answer I made to Sir Sampson; I cannot recollect the answer.

Mr. Garrow. However, you recollect it was repeatedly asked of you by the magistrate? - I do not know it was repeatedly asked.

Was not you pressed upon it? - I was not pressed.

HANNAH CHILCOTT sworn.

I was in company with Mr. Chilcott on this night of the robbery; as we were coming along the city road, about a hundred yards from the Toll-gate, I observed two men go on the other side of the way, and they had sticks in their hands, short sticks about the length of my arm; I was not apprehensive of any danger at that time, not thinking they would make such a public shew of their sticks; presently I observed footsteps running after us; Mr. Chilcott turned round, and so did I, and presently came two chaps, one I did not take particular notice of, that was him that came on the side of Mr. Chilcott; the shortest came to me on my right hand side, I made way for him to come by me, which to all appearance I believe to be Wood; in the mean time he held a stick in his right hand; he lifted up the right hand side of his great coat; he took the pistol in the same hand he had the stick; it was a drab coat; he held up the pistol, and bid me stop; I cried out pretty loud, O Lord! and slipped by; he came after me, it might be the space of two or three yards, then he turned back; then I went on, I run on as fast as I could near the toll, and I saw no more of them.

What kind of hats had these young men? - A round hat, rather done up a little; Wood had a round hat, and a drab coloured great coat.

Mr. Garrow. I shall trouble you with but one or two questions; you used the expression, if I heard you rightly, that to all appearance, Wood was the person you saw? - Yes, Sir, so far as to his person, the features of his face, the lower part of his face; but as to his eyes, and the upper part of his face I could not see.

The man that came to you, had a drab colour coat, and a slouched hat? - I am pretty positive I said the same to Sir Sampson Wright, that I verily believed that he was the man.

I was just while he was pursuing you about two yards, that you had an opportunity of observing him? - His height and his person I had an opportunity of observing.

Was not you frightened a little for your husband? - I was in a great deal of fear for myself.

Court. I understood you, that these men came behind you? - Yes.

JOSEPH CHANT sworn.

I keep the public house, the Rodney's Head, in Checquer-alley, that is, I did do;

the two prisoners came into my house on Monday night about ten; Wood had a watch in his pocket, and asked me if I would buy it; I bought it, I gave him two pounds for it, and I sold it to one East, who lives in Old-street.

Was any body present when these two young men sold you the watch? - Yes, Mary Anderson , she is my housekeeper.

Was any body else in company but these two young men? - Yes, another, but I do not know his name, but he is not taken; I knew Wood before; I am sure the prisoners are the two men that came that evening.

Court. Did the three come together? - Yes.

Are you sure the two prisoners came in company together? - Yes, all at the same time together.

Had they any conversation together before the watch was sold? - Not that I heard, nothing particular that I took any notice of.

Did they talk together? - Yes, Wood and the other prisoner.

Mr. Garrow. I observed when my friend asked you what you was, you said, I keep the Rodney's Head, that is, I did do? - I kept the house two years.

Had you a license? - License! yes.

Who keeps the house now; to whom have you sold it? - Why, to a widow woman, but I do not know her name.

So you sold your house last week to a widow woman whose name you do not know? - I never enquired much into her since I let the house.

Did you enquire a little before? - No, Sir, she paid me for what things she had, and it did not matter to me.

What are you now, where do you live? - In the same house, but up stairs.

You have assigned your lease? - Yes.

To this widow lady, and do not know her name; I hope they have had the goodness to take your old housekeeper; she continues perhaps to be your housekeeper still, though you have only a room? - I do not know, she is in the house still.

Perhaps she goes partners with the people that have taken it? - No.

Then I am afraid she is with you still? - Why I do not know she is.

What other name does Mrs. Anderson use besides that of Anderson? - I never heard her go by any other name.

Did not you really! why for the last two years, has not she gone by the name of Chant? - Some people might call her Chant, because they did not know any other name.

How long have you been a dealer in watches? - No, longer than then; or else I should have been a better judge of watches.

Why was the bargain against you? - I never bought one before.

What was the value of this watch now? - I think I gave above the value of it.

This purchase was made in the tap-room, what was the name of the other man that came in? - The third, I do not know,

Upon your oath, is not it John Francis ? - I do not know.

Do you know such a man as John Francis ? - I do not really by name.

Do you know the man I mean, when I talk of John Francis ; upon your oath did not John Francis sell you that watch? - These two men sold it me.

Upon your oath, did not Francis sell it to you? - No, Sir, he did not.

That you swear positively? - Yes.

Who else was present besides Mrs. Anderson otherwise called Mrs. Chant? - Nobody but she; I had some money from her to pay for it.

What trade do you carry on now? - I kept a public house; I am going into another; I am by trade a buckle maker; I never was here in my life; I never was in this place before.

How long have you been acquainted with a Mr. East? - He lived in Old-street at this time; my house is in Golden-lane, it goes out of Whitecross-street, into Bunhill-row.

Where did you find Mr. East when you sold him the watch? - At his own house;

I carried it to sell the next day; I never bought any thing before.

Attend to this question, and recollect that Mr. East is coming and does not know your answer; upon your oath, did not you buy this by the desire of East? - No, Sir, he knew nothing of it.

Had he never desired you to lay a trap to get forty pounds of somebody? - No such conversation passed; I wanted such a thing at that time; I never wound it up.

Did it chance to you to go to any gaol to Wood, since he has been committed? - No, yes, Sir; on the Sunday morning; I say nothing but what I know to be the truth.

So on the Friday you bought it, on the Saturday you sold it, and on the Sunday morning you went to gaol to see Wood; what did you go there for? - I only went to ask him how he did.

Did you go for any other purpose? - To ask him questions.

That was all, was it? - Yes.

Did you tell him you had been taken up yourself about this watch? - Yes; I do not know whether I might not; I was taken up on Saturday night; I was not in custody when I went to him.

Who took you up on the Saturday night? - Mr. Townshend.

What on the information of East? - I cannot resolve you that question.

So they let you go again? - Yes.

Upon what condition? - I was taken up on the Saturday, and I went home, and they went home.

Was not you let out in order that you might get these two men; had you been to Wood before they took you up on Sunday morning? - Yes.

Did neither Townshend nor East, nor any other person desire you to go to Wood? - Yes, I can say so.

What else did you tell Wood? - Several affairs between ourselves; several little things

Why you never had any little things but this watch; now, upon your oath, did not you tell him if he could give you a direction to Cowdery, you would keep Cowdery out of the way? - I said, I would go and tell Cowdery, in order he might get away; when I went from Wood's I went home, and Townshend was waiting at my house for me; and they took me to Bow-street.

Was not he waiting there by your appointment? - No, Sir; I did not go to Wood by his desire.

One question more; would you have said any thing about this if you yourself had not been taken up? - I certainly would, if I could have left my house; I would have gone to Sir Sampson Wright's people; I did not like to leave my business to every body.

Did you voluntarily tell them? - Yes, I told Townshend in my skettle ground.

Why did not he come to take you up? - Not that I know of.

What did he come for? - I did not ask him his business.

May be he came to play a game of skettles with you? - I do not know what he came for; he did not take me up when he first came in; he was in half an hour before he took me up.

Is not Townshend a thieftaker? - Yes, he is.

Townshend was used to come to the house? - He never apprehended a man out of the house in his life.

Court. You say you paid them, whom do you mean by them: - I paid two pounds to Wood; I was left at large to produce the watch, and how it was come by.

Did Wood, when you went to see him in gaol, say any thing respecting himself? - Wood said, he had sent a letter to tell Cowdery to go out of the way himself.

Mr. Silvester. Had you any other conversation respecting this business about Wood? - No, no more than he said, he could not think what he was there for, and he sent a letter to Cowdery.

MARY ANDERSON sworn.

I know the prisoners by sight; they were at our house, that is Mr. Chant's house, at

the Rodney's-head, in Chequer-alley; they came in with a watch to sell.

Who were the persons that came? - James Wood , and one Cowdery, I think his name is; I cannot say I know him so well as Wood; they came in by themselves.

Was there a third person? - There was a young man, but I do not know whether he was in company or no.

Did you see them come in? - Yes.

Did they come in together? - Yes.

They produced a watch? - Yes.

Which of them produced the watch? - James Wood , and Joseph Chant bought the watch.

What did he give for the watch? - I cannot be certain, whether it was two pounds, or two guineas; I am sure these were the two men.

Mr. Garrow. Mrs. Anderson, is that your name Madam? - Yes, Anderson is my name.

Is that your maiden name? - Yes, my name is Mary Anderson ; my maiden name.

You are not married? - No.

Then it is your only name? - It is my father's name; it is the only name I have been known by for these last two years.

What Mr. Chant took money out of the till? - He paid the money, and he had not quite sufficient; and I gave him some to make it up.

Who might you be? - I am his housekeeper.

What his servant? - His house-keeper that is his servant.

Receiving wages? - Yes.

And doing the business of a servant? - Yes, doing the business of a servant.

That is the character in which every body understood you to be? - Yes, to be sure.

Now, Madam, you was this sort of housekeeper for the last two years? - Yes; he did keep the Rodney's-head; he has left it off, I believe, about a fortnight.

Then you have lost your place then, I suppose? - No, I am in hopes of getting it again or another, till he gets another house.

At present you are living at home with your friends? - Yes, I am.

Where do you live? - I live now with Mr. Chant.

Then how came you to say you was living with your friends? - Is not that my friend.

So you call living with Mr. Chant in the same room, living at home with your friends? - No, there are more rooms than one.

Upon your oath, is not that your situation precisely?

Court. You need not answer that.

Mr. Garrow. Did not you live in one room? - There are two rooms; there are two bedrooms if you must know.

How many beds? - Two.

Then there is a possibility of your being chaste; now, upon your oath, has not your name been Chant for these last two years? - They may call me what they please out of a joke.

Have not you passed for the man's wife for the last two years? - I could not pass for his wife, because every body knew to the contrary.

Do you know a man by the name of Francis? - Francis, I cannot say I do; I do not know him.

Who was the third man at your house on this day that you have mentioned? - I cannot say; I do not know him, nor where he lived, nor where he is to be found; I have seen Cowdery once or twice.

How long have you been acquainted with East? - Only just by sight.

How long have you been acquainted with Townshend? - I know no more of him only just seeing him here; he may have been at our house, and I may not have been at home; I will not say I never did see him at our house in my life; I do not think I was in the house when Mr. Chant was taken up.

Who gave him leave to go again? - I cannot say.

How soon was he taken up again? - I do not rightly know.

What sort of a watch was it he bought? - It was a silver gilt watch.

Why did he buy it? - I cannot say.

Who has he let his house to? - He has let his house to a widow I believe she is; they have been in the house about a fortnight, but I do not know her name.

ROBERT EAST sworn.

Do you know Chant? - Yes; I bought this watch of him the 23d of last month.

(Produces it.)

Mr. Garrow. What is your name? - Robert East .

Speak out, in order to preserve your character you got this morning, what are you? - I am a cooper by trade; I have known Chant two or three years; I never had any dealings with him before.

How happened it that you, who are a cooper by trade, should want to buy a watch? - He came to my sister a pawnbroker, Mrs. Harris.

Do you deal occasionally in the shop? - Yes, when I was examined I told his lordship that I did serve in the shop.

Are you the person that the Judge described this morning as the most hardened villain that ever came into a Court of Justice? - I do not know, I heard him read over what I said to him.

Did you stay till the verdict? - Yes.

Did not you hear the Judge tell the Jury in direct terms that you was the most determined villain that ever came into a Court of Justice? - His Lordship must be mistaken in the person.

Did not you hear him say so? - I do not recollect his saying it.

Mr. Garrow to Jury. Gentlemen, you recollect it.

Jury. Perfectly well.

Mr. Garrow to East. I am glad you know Baron Eyre said in this Court, this morning, that you Robert East was the most determined villain that ever came into a Court of Justice: now go home with what comfort you can.

(The watch deposed to by the Prosecutor.)

I have had it about eight years, its value might be about seven or eight guineas, it originally cost that.

Court. What may be the value of it now; are you a judge of watches?

One of the Jury. I look upon the watch to be worth about three guineas to the wearer.

JOHN TOWNSEND sworn.

I was in company with some other of the officers of Bow-street, we received an information that there was a robbery in the City Road, we went in order to see if we could not apprehend the parties, and in consequence of that we went down the City Road, we met with nobody, I thought it right to call at Chant's, it was near ten or rather more, I am not certain as to the time, I called in there to see who was there.

Court. What is Chant? - He kept Lord Rodney's Head at that time, I looked round the tap-room and saw nobody there that I wanted; I called Chant backwards into the tap-room, and asked him if he had not heard there was a robbery in the City Road; he said he had; and I got out of him that he bought a watch; I asked him if he had it by him, he said no, but it might be at Mrs. Harris's.

What is Mrs. Harris. - A pawn-broker.

Where does she live? - In Old-street; I thought it right to leave one of our people with Chant, and to go and see whether the watch was there or no, I went, and found what he had told me was true; I then went back to Chant, and then he went to shew me where to find Wood; I went to Wood's master's, I found he was an apprentice; I knocked at the door, and with some difficulty got admittance, I went up stairs and took the prisoner out of bed; then I searched about the room to see if I could find any thing, I found nothing of any material consequence but a light coloured great coat with white buttons, which the gentleman described to be worn by one of the persons that robbed

him; I desired the prisoner to get up and dress himself; he asked me what I wanted with him; I told him he must go with me; says he, you are not going to take that great coat? I said, yes, I am.

Court. Had you had any account at this time of the coat? - Yes, my Lord, I then took him to the Compter; I then asked Chant if he knew where the other lodged, and he told me he did not; we let Chant go home that night, in order to go to Wood the next morning, to get out of him where Cowdery was to be found; the next morning I saw Shallard, we came down to the Compter with Chant, in order that Chant might go into the Compter; for you will please to observe, that at that time the prisoner Wood did not know that Chant had laid the information against him, nor did he know in fact what he was apprehended for: Chant told me where Cowdery's lodgings were; he was not there; we thought it right to wait till he came home; we waited for him, he went to the little house where his brother lodges, for some of the people happening to know me suspected something, and we found him in his brother's lodgings in the garret, with a shoe in his hand; I then took him to New Prison; I found nothing upon him.

Mr. Silvester. Did you bring this great coat away? - Yes, I did, and I put it on him at the Brown Bear ; Mr. and Mrs. Chilcott when he was put up to the bar saw him with that great coat on; Wood had the great coat on.

Mr. Garrow. Did you search the pockets of it? - I did not.

Where you have a suspicion you always do? - Always.

Did you find any pistols or any bludgeons on either of these young men? - No, Sir, in the lodgings of Cowdery there was nothing but the bare bed.

The first place you went to, or that you have mentioned to us, was at Chant's? - Yes, after taking a regular round.

Was that the first house you went to of this sort, positively the first house? - Certainly.

How long have you known Chant? - I believe these two or three years.

Have you had frequent occasions to go to his house? - Several times since he kept the Rodney's Head, because people, which I am very sorry to say, under the description of that kind of people, used to use that house.

Have you occasionally found any people there that you have wanted. - We have found people there that we have wanted, but it has so turned out that the evidence would not bring them to public justice.

Did Chant know that? - He could not be ignorant of that; I know Mrs. Harris and Mr. East, I have known East about two years.

How long has he been what you call a private trap? - Why, upon my word, Sir, that is a very unfair question, and I shall apply to the Court; for my own part, I do not know what a private trap is; I know a good many things, I know I am a public trap, but I really do not know what a private trap is.

No! my Lord and I seem to know it pretty well, and you seem to know it because you decline to answer it; I certainly must not ask you what quantity of ill you have known of him, but I may ask you if you have known any sort of good of him? - Upon my word and upon my oath I never knew any ill of him.

Mr. Silvester to Mr. Chilcott. You saw this great coat produced? - Yes, Sir.

Had you made any observation on that coat before? - No particular observation, it looked the same as other people's coats.

Court. Was there any thing about that coat that made you think you had seen it before; suppose that coat had been produced to you at any other place, should you have known it? - Had it been upon the same person's back I should.

Mr. Garrow. You was taken to Bow-street to see these people? - Yes.

You went with Mr. Chant. - Yes.

Who fetched you? - Townshend.

For what purpose was you taken? - To see the prisoners.

Then you was told they were taken up for your robbery? - Certainly.

PRISONER COWDERY'S DEFENCE.

I leave it all to my Counsel.

JOHN BRACKMAN sworn.

I have known him about fifteen years, a very good character, never heard any thing amiss of him in my life, he lived along with me some time, he did some things for me; he kept good hours.

CHARLES WOOD sworn.

I live at No 28, Charles-street, Cloth-fair; he is an honest upright young man; he always behaved exceedingly well; I never saw a thing that he did wrong since I knew him; I have had pounds in his hands.

THOMAS JOHNSON sworn.

I live at No. 1, Silver-street, Bridge-water-square; I am in the watch way, have known him about nine years; never heard a word amiss before this time; he bore an exceeding good character; I am very sorry to see him upon this occasion.

JAMES GILLISPY sworn.

I live in Newgate-street, I am a shoemaker, have known him about six years; he lived with me as a servant about five years ago in my house; he was with me about four months; I never heard any thing bad of him, he always bore a very good character.

WILLIAM RIXTON sworn.

I am a shoe-maker, No. 36, St. Paul's Church-yard; have known him about three years a very good character; I never knew a bad circumstance concerning him.

CHARLES SKINNER sworn.

I am a shoe-maker; have known him about seven years and a half; his general character has been a very good one.

PHILIP WILLIAMSON sworn.

I am a shoe-maker; have known him about four years; I never heard any harm of him before.

PRISONER WOOD'S DEFENCE.

On the 22d of September last, me and my two fellow apprentices had leave to go to the play house, but I went to Mr. Astley's, and met one William Payne , and drank a pint of beer by the side of Fleet-marker with him, we came across Smithfield; I went to my master's house, and he went home, and I was at my master's house at half past eleven. I went alone to Astley's, I was at Mr. Astley's at half past six, and at half past two I picked up this young man; I have known Chant these three years, and I have been to his house, he and his brother worked at my master's.

What is Chant's business? - A buckle-cutter; he bore such a bad character, that neither his master nor his brother would employ him, I went to see him, he has oftentimes put the question to me, and asked me to go out a thieving, and that he would find me in pistols and cutlasses, and I denied him, and that is the reason he has pitched all this affair upon me.

JAMES MORLEY sworn.

I am a Cordwainer, have known Wood these eleven years, ever since he was a baby; I keep a house, No. 2, in Star Court, Fore-street; he is a very honest lad.

WILLIAM PAGE sworn.

I am a buckle-cutter, a journeyman; I have known the prisoner about two years; I work for one Mr. Braine; on the 22d of September, the day the robbery was committed, as I have heard, when I heard he was taken up.

When did you hear it? - About two days afterwards; I worked that night till about half after eight, I was returning home, about half after ten as I believe, and coming over Black-friar's-bridge, the prisoner Wood overtook me, and told me he had been to Astley's, we drank a pint of beer, and I paid for it, we came across Snow-hill, and crossed Smithfield, and along Barbican, and at the end of Barbican next Red-cross-street I left him.

Had he any great coat on at that time? - No, Sir, he had none when I saw him; I was at home by eleven that night by my master's clock, he let me in, and it was past eleven by his clock, I cannot say how much after; the watch was going eleven as I was going along, it might be ten minutes after eleven when I got home.

At what distance was you from the place when you left the prisoner? - About ten minutes walk.

Cannot you tell the day of the week or the day of the month when you met the prisoner? - No, Sir, I cannot, it was the latter end of the week, about Friday I believe, I have nothing particular to fix the day in my mind, it may be Saturday, or any other day for what I know, I think it was on the Friday, for on the Saturday I had nothing to do, on Friday I had some work; he always bore a good character as far as I have heard.

JAMES COWDERY , JAMES WOOD ,

GUILTY , Death .

They were both humbly recommended to his Majesty's mercy on account of their youth.

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-6

766. HANNAH ( wife of RICHARD) HOOPER was indicted for feloniously stealing, on the 5th day of October , two linen sheets, value 3 s. the property of Jeremiah Dowley , being in a certain lodging room let by him to her and the said Richard, to be used by them with the said lodging room, against the statute .

ANN DOWLEY sworn.

I live in Castle-street, Long-acre ; I know the prisoner; she came to me as a married woman; she said her husband's name was Richard Hooper; I do not know when she came to lodge with me, it may be a month ago: her husband took the lodging of me by word of mouth for one night only; her husband was not above two or three nights along with her; she staid almost a fortnight; I missed two sheets, I cannot tell when I missed them; I saw them at the Justice's; one of them is turned inside out, and the other is ripped; I know them to be mine; they are my own work; I missed them the same night that she left my house.

MARTHA DAVID sworn.

I am a pawnbroker in little St. Andrew's-street, Seven Dials; I do not know the house of the prosecutor; I know the prisoner; I have seen her twice; she came with a sheet, I believe it was the 5th of October, and I believe about the 7th she came with another; I asked her if it was her own, and she said yes; neither of the sheets were marked; I gave no duplicates with them.

(The sheet produced and deposed to, being ripped in the middle, and her own work.)

JOHN MORRIN sworn.

I am a pawnbroker's servant to Mr. Lane, in Holborn; I know the prisoner; I have seen her more than once; she pawned a sheet with me on the 4th of October; I have it here; I gave her a duplicate; I understood her the name of Hopeworth, but she might say Hooper.

(Produced and deposed to).

THOMAS MUMFORD sworn.

I took the prisoner into custody; here is the duplicate.

PRISONER's DEFENCE.

My husband was ill, and I was starving to death; I was passed to my parish, and I fretted so much, that I wandered from my own home, and left my children; my landlady knew my distresses; I only came sixty miles from home to fetch my family; and my husband left me a stranger in town, and I pawned all my clothes, and the sheets to support my family.

GUILTY, 10 d .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-7

767. ALBERT WELLS , THOMAS WELLS , and BENJAMIN WOODMAN were indicted for feloniously stealing, on the 16th day of October , two morine bed curtains, value 10 s. and one head cloth and vallance, value 2 s. the property of John Cooper , privily in his shop .

WILLIAM JORDAN sworn.

I have the care of the prosecutor's shop in great Wild-street ; he is a pawnbroker : on Monday, the 16th of October, about seven in the evening, the three prisoners came into the shop together; I did not hear any conversation between them; they wanted to pledge this little whip and cane; I cannot swear whether Albert Wells brought in the whip in his hand, but I believe he did; I received the whip and the cane from Woodman; he brought in the cane I am certain; there is an eye wanting to the cane, a little hook fixed to the cane, to which a string is tied; Woodman thought it was gold, and he asked Thomas Wells for it, and Thomas Wells pulled it out of his pocket wrapped up in a bit of paper; I do not recollect what answer he made, but he gave it to me; I did not try it with the stick, but I gave it him again, as it was only metal: I offered them four shillings on the cane and whip; they said they could not take it, and they all three went out together.

Did Albert say any thing about it then? - No; they all went to the door together, and Thomas Wells got on the outside of the door, Albert Wells and Woodman were within; as they got to the door Woodman says to me, will you lend me a crown? no, says I, four shillings is the most; with that Woodman turned round and said to Albert, we may as well take it, it will do.

Jury. Did you know any of the prisoners before? - I have known Albert Wells five or six months, and Thomas I did not know was his son, he is lately returned from sea; Woodman I have known some years; they all returned to the counter to take my money, and at that instant there came another man into the shop; Thomas Wells , Woodman, and the man that came in just filled the counter a-breast; Albert Wells stood behind the rest, and did not come near the counter; I had two lads in the shop at the time; they are neither of them here; I told one of the lads

to make out a duplicate in the name of Woodman; I heard the shop door go, I looked over those men's heads to see who it was come in, and instead of any body coming in I missed Albert Wells out of the shop; then I looked round my shop and missed a set of half tester blue morine furniture; it was all tied up together; there was also a head cloth, tester, and vallens; it laid upon a table in the shop close to the counter, there were five bundles; Albert Wells stood behind the other men close to where those things lay; I said nothing to either of the others, but I whipped out at the private door after him; I could not see him, then Thomas Wells came out and ran away; I returned and stopped Woodman, I sent for a constable; he had no objection to going with me; Albert Wells used our shop in the name of Thomas Wells ; I have seen Thomas in Albert's company before, but never to know his name; we took Mr. Woodman to St. Giles's round-house; he told us Albert Wells lived No. 7, Castle-court, Fulwood's Rents, Holborn; I understood that Thomas Wells and Albert lived together; I went there about nine with the constable, he stood at a distance; I knocked at the door, a person opened the door; I asked it Mr. Wells was at home; she said, old Mr. Wells or young Mr. Wells; we went up two pair of stairs and found the two Wells's; I gave charge of them; I said where are the curtains you took out of the shop to-night? says he, I know nothing of the curtains, where is Woodman? says I, in the watch-house, and unless you produce the curtains you will go there too; says he, no, sure, the curtains are not here by God; then we searched the room, and under the head of the bed, upon the floor, we found the curtains as they were taken out of the shop never untied; there is a private mark on the corner in my own hand-writing, the mark is S. X. S. A I swear positively to the curtains, and that I saw them in the shop the time they were there; the constable took the curtains and the old man, and I took the young man; and they went down stairs first, and I came down after; I laid hold of Thomas Wells 's collar, says he, I will not go with you if you collar me, let me go and I will go quietly; as we were taking them to the Justice's, going on Holborn, Thomas Wells attempted to run away, not knowing I had hold of him, I had hold of his pocket, and I tore a slap off his pocket; when we came to the corner of some steps, I saw old Wells run and Brooks pursuing after him, and Brooks dropped the curtains, and I picked them up, and held Thomas Wells till Brooks overtook the old man; Brooks has had the curtains ever since.

Mr. Knowlys, Counsel for the Prisoner Woodman. You have known Woodman a considerable number of years? - I have.

Before you only knew Wells by the name of West? - No, I learned his real name at his lodgings from Woodman; we never should have found either the curtains or him but for Woodman.

Woodman had the same opportunity of escaping, yet he remained? - Yes.

I believe Woodman knew that you knew very well about him and his connections? - I believe he did; and had any body else told me that this circumstance would have happened to Mr. Woodman I would not have believed them.

Woodman did not live where Wells lived? - No.

ISAAC BROOKS sworn.

I am a constable; I apprehended the prisoners; I was fetched by the boy, and Woodman was standing by the counter, when I went into the shop; I took Woodman to the round-house, and I went with Jordan to No. 7, in Castle-court, Fullwoods-rents, to seek for Wells, I found him up two pair of stairs; Jordan knocked at the door, and Wells opened the door, and immediately I rushed in after Jordan, and he gave charge of them both; old Wells seemed quite alarmed; says Jordan,

you are to search, to see whether they are here; I looked about the bed, and different places; there was a great chest stood in the room; the old man said, they were not there; and if we went with him, it should be all right; he was only playing the rogue; and looking about under the head of the bed I pulled out these curtains, which I took care of; as soon as we got out they seemed very resolute; I threatened to cleave their sculls; they said, they would walk quietly; at Bloomsbury steps the old man gave me a push, and he said, d - n you, you dog, I will not go with you, and away he ran up the steps, I pursued after him, and took him and carried him to the round house, and I threw down the curtains; I suppose he hit me ten times and said, d - n you, you dog, I will not go with you, you have robbed me of my watch, and all that I have; there came past a gentleman and a lady, and I charged them in the name of the King, to aid and assist me; and I got him to the watch-house with difficulty; and in his pocket I found his watch, and a knife and a pick-lock key; it was only the top and the bottom of a key; and I gave it him again by order of the Justice.

Mr. Knowlys. When you got to the shop you found Woodman perfectly at his ease? - Yes, he resigned himself to every thing I requested of him.

Jordan. Before I discovered to Woodman the loss of my curtains, he very readily told me his name, and where he lived.

PRISONER ALBERT WELLS 'S DEFENCE.

I understood one counsel was to do for us all, it is untrue what the constable says; I never struck him, and he used me very ill, and tore a new silk waistcoat all to smash, and a new neckcloth.

Brooks. It was torn in the scuffle.

PRISONER THOMAS WELLS 'S DEFENCE

I know nothing at all of it; it is wanted to be laid upon me.

Mr. Knowlys. My Lord, on the part of Woodman I shall not call any witnesses.

ALBERT WELLS , THOMAS WELLS ,

GUILTY, But not privily .

BENJAMIN WOODMAN , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17861025-8

768. MARGARET GORDON was indicted for feloniously stealing, on the 13th of September , two linen sheets, value 8 s. the property of John Lewis Henshaw , being in a certain lodging room, in his dwelling house, let by him to her, against the statute .

MARTHA DAVIS sworn.

I am a pawnbroker; I received sheets several times from the prisoner, and she took them home again; I have known her this seven years; there were no marks on the sheets; I knew she lodged at Mr. Henshaw's; I heard the prisoner say she lived there; I do not know Mr. Henshaw's Christian name

THOMAS MANSFIELD sworn.

I am an officer; on the 13th of September I took up the prisoner in the street, for robbing her lodgings; I found these two duplicates on her; I believe she lodged at one Henshaw's.

Court to Davis. Is that your writing? - Yes; I wrote it for sheets.

It looks like shirts? - I am a very bad scholar; I wrote it in the best manner I could; they were pawned in the name of Gordon; one on the 11th and the other the 12th.

What is No. 6 for on the duplicate? - That stands for the date of the year.

(The sheets produced.)

Sarah Henshaw called on her recognizance, and not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-9

769. WILLIAM WHITE was indicted for feloniously stealing, on the 11th day of September last, one black gelding, price 18 l. the property of Robert Seabrook .

ROBERT SEABROOK sworn.

I live at Tetlow, in the parish of Tring, in the county of Herts ; on the 11th of September, between Sunday and Monday, I lost a black gelding; I saw it again on Monday se'nnight, or on Tuesday, I cannot say which; I saw him in Grub-street in possession of Mr. Newbank, he deals in horses; I understood he kept part of a livery stable; it was a black cart gelding, I knew him to be mine; Mr. Loosely shewed him me in the stable, and I knew him.

Did Mr. Loosely shew the horse to you and ask you if that was your horse, or did you walking along the stalls find out the horse? - He asked me if that was my horse, and I said it was, and I desired it might be led out into the yard, then I knew him perfectly, and am sure of him.

Describe his marks? - He is a black cart gelding, about fifteen hands and a half high, a white blaze down his face, one white leg behind, the off leg, there was some hair worn off the near foot before, by wearing a log; I knew the prisoner before; I had no suspicion of any harm of him; he came to me on the 11th of July last, which was on a Tuesday, to enquire for labour; I employed him as a labourer that week and two weeks after; I never saw him after he went away; the horse was kept in my grounds, an inclosed ground.

Mr. Garrow, Prisoner's Counsel. You thought the horse had strayed? - I thought he might have broke-out.

Does you field adjoin a high road? - There is one field between the London road and the field where the horse was, there was a gateway between; I worked the horse on Friday, that was the last time I saw him before he was stolen.

THOMAS ATKINS called.

Mr. Garrow. How old are you? - Twenty-one.

Does thee know the nature of an oath? - Yes.

Can you read? - No, Sir, I be not no scholar.

You do not know what an oath binds you to do? - No, I think not.

Mr. Garrow. I object to him.

Court. Did you never learn your catechism? - No, Sir.

Do you know whether it is a right or a wrong thing to tell stories? - Yes.

What will become of you if you tell stories? - I shall come to the gallows.

Have you never been taught any thing else if you are a bad boy and tell stories? - No, Sir.

Was you never at school? - No never.

Mr. Garrow. My Lord, it is the perception of moral good and evil that makes him a competent witness; he must be able to know what the solemnity of a Christian oath is.

Court. Did you ever hear whether there is another world? - No, Sir.

Did you ever take an oath before a justice? - No.

Do you know whether there is a God Almighty? - Yes.

You believe there is? - Yes.

Have you ever heard where people go to that live bad, and tell stories? - No.

How many miles do you live from London? - Thirty-six.

Mr. Garrow. My Lord, I object to his being sworn; if a man says he is an Atheist, and does not believe that there is a God, but believes that we made ourselves, and that the world formed itself out of chaos, would your Lordship swear such a man on the Christian testament?

Court. I will hear some other witnesses; I may ask him some questions after the trial.

JOHN NEWBANK sworn.

I was fetched to buy this horse by the prisoner at the bar, who wanted to sell it; it was the 13th of September, it was about half after eleven; I saw the horse about twelve at the Angel Inn, Fleet-market; I

went there by the prisoner's direction; it was between a cart horse and a coach-horse; it was a gelding, it was what they call a hog's eye horse; he had a speck in one eye, the off fore leg had been bald with having a log on, he had some white about one leg; I saw it run up the street, then I asked him if it was a found one; he said, as far as he knew it was; he said he had it to sell for a man that lived four miles from Tyburn; I asked him what business the man was; he said he was a gardener and was in trouble, and wanted some money to make up a debt; then I asked him the price of the horse, and he asked eight guineas for him; then I asked him if it was honestly come by; and he said he was sure it was; then I looked at the horse, I thought it looked at that time as if it was touched in the wind, rather broken winded, it was very thin, he coughed like one; says I, you must take eight pounds for him, for he is touched rather in the wind; no, he said he must have eight guineas, for the man ordered him to take no less; well then, says I, bring it up to my yard; he brought it up to my yard; I am a dealer in horses; I kept it till the Monday afterwards, that day I went down into Fore-street to one Loosely that is an officer, and I asked him to come and look at this horse, whether he thought it was honestly come by; Loosely came, and said he thought it was not, and he stopped the prisoner; the horse was advertised by the prosecutor; the prisoner was carried before the Alderman the same day; the prosecutor came to my yard about three or four days after, and the officer shewed him the horse; he said, it was his property.

What do you think may be the real value of the horse? - At that time he was not worth eleven pounds, hardly so much.

Mr. Garrow. What are you a licensed dealer? - Yes.

And your stable is in Grub-street? - Yes.

Where is your house? - In Fore-street.

This man came about half after ten in the day time, and he told you publicly he had a horse to sell? - Yes; the horse was at the George in Fleet-market.

Not in a little dark stable? - No, Sir, No.

He was brought and run in hand; the prisoner stood by? - Yes.

He told you he could not take less than eight guineas, because the man had told him not to take less? - Yes.

He did not say absolutely that he was found, as you and I jockies do when we go to sell a horse of our own? - No, he said he believed he was found; the man told him he was found; he continued at my house waiting for me half an hour, while I was gone for an officer.

Was he in custody of any body? - No.

Court. Did he tell you the name of this gardener? - Yes, he did, but I have forgot it; we found by the people in Covent-Garden market that there was such a man.

Court. Did not you or the officer take any pains to go where the man was supposed to reside? - I did not.

GEORGE LOOSELY sworn.

I am an officer in the parish of Cripplegate; on Wednesday the 13th of September, I was standing at my own door in Fore-street, and Mr. Newbank came up to me, being an acquaintance, and said, I have bargained with a man for a horse, I wish you would come and be a witness that I pay him the money; he went to his own house, which is nearly opposite, to fetch the money; he called on me as he returned, and I went with him to his stables, in Grub-street, where he shewed me the horse; it was a black cart gelding, about fifteen hand and a half high, with a long tail, a blaze down his face, and both his legs wore with a logger a little, but one more than the other; he had white I believe about three of his legs; I am positive to the two, one before and the other behind; I told him, I thought he was stolen; the man was coming up, and I said to him, my friend, where did you get this horse? he said, a

man gave it me on the road by East Acton; before the man came up, I told Mr. Newbank, I should stop the horse on suspicion; I stopped the horse, and took him before Alderman Curtis; it was then late in the day, and the Lord Mayor and Aldermen had done sitting, but I saw them walking in the hall, and I told them, and Mr. Alderman Curtis was kind enough to sit directly, to make an end of it; the prisoner said, a man gave it him; he said, it was a man in trouble, and he said, that a man would be at the pump at Charing-cross to receive the money of him, or an answer, whether he could dispose of the horse that night punctually; I prevailed on the Alderman to let the man go with me, to see if there was any such a man; the prisoner went with me very quietly, only he wanted to step aside now and then; I kept close to him; I went into a public house; we sat in a box that was nearly opposite that place, in case such a man should come, to apprehend him; we had two pots of beer; the prisoner did not seem very contented with that; we went out and looked all about; he then said, if that man is not there to receive the money, another man in the same coloured coat as he will be there; neither one nor the other came; we staid there about an hour and an half, or two hours; I brought the prisoner back, and put him in the compter that night; the next morning looking in the paper, I saw a horse advertised answering the marks, colour, and description of that horse; I went up to Bow-street, and gave information; I went to the prosecutor on the Saturday, and he came to town on the Sunday morning at seven, and I went with him to Mr. Newbank's stable, and shewed him the horse; he looked all round, and said, he was his, and the prisoner was committed.

Mr. Garrow. What sort of a mane and tail had this horse? - A long tail, a full mane; the mane was not hogged nor the tail cut short.

He told you first and last, that some other man had given him the horse to sell, you went there, the man waited anxiously at last you came away, and he still continued in the same story? - Yes.

Court to Prosecutor. The horse's mane and tail were not altered? - No, not a bit.

Mr. Garrow. Suppose they had hogged his mane, and docked his tail, should you have known your long tailed nag? - Yes, I should.

Perhaps if they had cut his head off, you would have known him? - Not so perfectly I should not.

Court. What did you give for this horse? - Eleven guineas; I have had him three years, and worked him at cart and plough.

Jury. Were any two legs white? - All his four legs were white.

EDWARD CHANDLER sworn.

I am a coope r at Knightsbridge; I have a very large cooperage there; in the winter time, in the brewing season, I have always occasion for an extra labouring man, and last Michaelmas twelvemonth, the prisoner was recommended to me, from the Archbishop of Canterbury's gardener; he was the best labourer I ever had; very industrious, and rose early; I do think the man is innocently drawn in by some one or other; I told him when he left me in the spring, I should take him at Michaelmas, and he had been with me a little before, to know when I should want him; I was surprised to hear of this; I was laid up with the gout; I could not get across the room without two crutches; but I said, I will go, for the poor man will be lost without a friend; and if he is discharged, I will take him home in my chaise now; I have put up my chaise at the Saracen's-head.

Court. Did you know him before Michaelmas was twelvemonth? - No, Sir.

Loosely. I have every reason to believe, that he is not the man that stole the horse; for he never varied in his take at all.

Jury to Prosecutor. When did you see your horse last in the field? - We had

him at work on Friday before the Monday he was missing; I did not see him afterwards.

GUILTY , Death .

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-10

770. WILLIAM DAVIS and WILLIAM RAYNER were indicted for feloniously assaulting Thomas Rutt on the King's highway, on the 13th of October , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a metal watch, with a tortoise-shell case; value 30 s. a stone seal set in metal, value 2 d. a silk watch string, value 1 d. and four halfpence, value 2 d. his property .

THOMAS RUTT sworn.

I live with a relation that is a stockbroker in Birchen Lane; I live in Britannia-row, in the Lower-street, Islington; I was robbed last Friday was se'nnight, about a quarter before seven at nigh , at the corner of the New River, going up the City Road ; as we were going up the Road, two men came up to us and spoke softly to us, and said do not make a noise; then they went to take hold of Mrs. Rutt's hand, and she gave a scream and got away, and went up towards Islington, crying murder as loud as she could; immediately they came to me, one collared me on the right hand, and the other on the left; then they said softly do not make a noise; then I told them not to use my wife ill, and I would give them all that I had; and directly I felt one of the men's hands take the watch out of my pocket; then they asked me for my money, and I said, I will tell you what, my friends, I am a reduced tradesman, and have got no money; oh, yes, you have, says one; and put his hand into my breeches pocket, and took what I had, which was only two-pence; then they went away directly towards Colebrook-row and made off; it was a quarter before seven, it was a dark night, I could not see to distinguish them, and they made use of no oaths, nor they shewed me no weapon.

Then you know nothing of the persons of them that robbed you? - No, my Lord, I could not swear to them; it was a dark night, and their hats were flapped, and I suppose from the time they attacked me to the time they went away was not three minutes.

MARY RUTT sworn.

About a quarter before seven, a man came up to me and desired me to make no noise; he immediately put his hand on my hat, I was exceedingly frightened and run away, and cried out murder; I knew nothing of the persons of the men.

JAMES SHAKESHAFT sworn.

On Saturday, the 14th of October, in the morning, I was in company with Mr. Armstrong in Bishopsgate-street; I had information in the morning that there had been some robbery committed in the roads, and Mr. Armstrong and me saw the two prisoners standing in New-street, by Bishopsgate-street; we looked at them and thought they seemed very suspicious, one of them had boots on, and one of them had white stockings covered with country dust; I saw one of them with a watch string hanging out of his fob; one of them parted from the other; this went out into the middle of the road to see which way he went, and I had lost him in a minute; Armstrong run into Petticoat-lane, before he came back Rayner came out of a pawnbroker's shop, the other then came and joined him; I followed them down Wormwood-street, they were discoursing together; the shortest gave the watch to the tallest; then Armstrong came running after me, we took them into custody, we brought them the office, and took them before the magistrate; Armstrong took Davis and took away the watch; I saw the string hanging out of his pocket: they told where their lodgings were, we went

and searched their lodgings, and this coat was upon the bed, and in the coat pocket was this knife (a broken case knife), and this stick was in the room (a stick that might be taken for a pistol); but when they were committed and going to gaol, I believe Armstrong said, you have got a very bad knife in one of your pockets, we had like to have cut our hands; they answered aye, that is the knife we used to have on the roads, and there is a stick in the room, that is the pistol we used to have; says we, it is a wonder the patrols never got hold of you; they said the patrols could not have hurt them, for if they had come up they would have dinged the knife, and then they could not vagrant them; because your Lordship sees if they had pistols or cutlasses about them, they would have been vagrants; they said it was an old codger; that he had nothing but a stick with him, and they never pulled out the knife or stick to him; on the Monday they were brought up before the magistrate again; and the magistrate asked which of them had that knife; the prisoner Rayner said he had that knife when they robbed the gentleman; the tallest said he had the stick.

Court. They seem to have been very frank with you, what induced them to tell you all this? - My Lord, they told it going the road; there was no manner of promise made to them; Armstrong had taken the watch from Davis's pocket before this.

Mr. Garrow, Prisoner's Counsel. Did not the father of one of these men attend at the magistrates? - Yes, he did.

He is a Quaker? - Yes.

Upon your oath did not this Quaker father use a great deal of persuasion with these young men, and tell them it would be much better for them? - No, upon my oath he did not, I am sure of it; I heard him say to his son you have done this, and you must abide by the consequences of the law.

Had not somebody used such persuasions?

No, Sir, I swear they had not.

Had not the father of Rayner conversation with him before this? - He talked to him, but there was nothing of this sort mentioned.

ARMSTRONG sworn.

I know nothing of the robbery, I was with Shakeshaft.

Tell us what you first saw? - The first seeing of them was at the corner of New-street, both in company together; and Shakeshaft giving the information; he is a jailor belonging to New Prison; seeing one of them in boots, and the garb not being so decent for boots, I suspected them; one of them separated and stood looking at the other; Shakeshaft said he had missed the other, I went after him, and took Davis in Petticoat-lane, and Shakeshaft took Rayner; I saw Davis coming out of a pawnbroker's; I asked Davis what he had been pawning, he said nothing; I took the watch out his pocket; says he, it is mine; says I, where did you get it; he said, he was a midshipman on board the Southampton frigate, and had it before he left that ship; I then asked him the number; he differed in the number; and I told him then I suspected he did not come honestly by it; he said he had, and he would tell me where it had been left so long; I said if he did I would not keep him long, but I would go and see it was so; then he replied, he would not have me go high his friends on any account whatever; Mr. Harper was in the room when I took this watch from him; I took him to the magistrate and searched him further there, and in his waistcoat pocket I found this seal; then we asked them where they lived, and we received this answer, in Vine-street, St. Martin's-lane; I asked him with whom, he gave me the landlord's name, and Davis gave me a key out of his pocket; I went to the landlady to know which was their room; she at first did not know them, I shewed her the key, she knew that; we opened the door, and on the bed was this coat; in putting my hand into the pocket I run it against the knife; we then returned to the

office, and in that time the prisoner Rayner had sent for his father, and they were both committed to New Prison; I heard Rayner's father say to him, for the love of God whether it be good or bad tell me the truth; what he said to his father I cannot say, he persisted in knowing about it at that moment; his father desired then to see the magistrate, and the magistrate told him, in my hearing, they were committed, and he had nothing further to do with them; as we were going down to gaol the little one said, it would have been happy for us if I had been boned by myself with the watch, but two of us could not tell a story alike.

Court. What is the meaning of boned? - Apprehended; it is a cant word; they were a conversing with one another about different things; but perhaps your Lordship will not think proper for me to mention them; when they were brought up on Monday Mr. and Mrs. Rutt attended, and the Justice asked the prosecutor, which he thought was the man that robbed him, he said the tallest; and he said he was the man; and the little one said, he was the man that robbed the woman, without our speaking at all.

SAMUEL HARPER sworn.

I was not at the apprehending of the prisoners; I saw the watch taken from the prisoner, and he said before my face he had it in his possession upwards of two years.

(The watch deposed to by the prosecutor.)

PRISONER DAVIS'S DEFENCE.

I leave it to my counsel.

What is your way of life? - I am an apprentice to an enameller.

How old are you? - Going on nineteen.

What is the name of that enameller? - He is here my Lord.

WILLIAM BOWDLER sworn.

I live in Brook-street, Holborn; the tall prisoner was my apprentice, his name is Andrew Thompson , he has been my apprentice these three years; he has four years to serve; I believe he may be about nineteen; the lad has been perfectly honest to me, as far as ever I knew, he might have taken my gold watch which cost me twenty-five guineas; he was honest and industrious, that has been his character down to this time; I did not in the least suspect he went after any of these kind of courses.

Court. Was he regular in business? - Yes.

Was he in business quite to the time he was apprehended? - He absented himself last Thursday was se'nnight, and I saw no more of him till this time.

Court. Had he never absented himself before till this Thursday? - He has gone out an afternoon or so without leave, but not very often.

Did he board and lodge in the house with you? - Yes.

I suppose he has formed some improper connections? - I am afraid so.

ANDREW THOMPSON sworn.

I live at Kingsland; I am independent; I am the prisoner's uncle, he was honest and sober as far as I knew.

JAMES THOMPSON sworn.

I live in Aldgate High-street; I am a taylor; I am not related to the prisoner; I have known him ever since he came from Scotland; I have known his relations almost fifty years; he is a very good character for any thing I have ever heard; my daughter lived with his uncle, and is very well acquainted with him, and I used to go and see him often.

WILLIAM KIRKPATRICK sworn.

I am a taylor, No. 7, Angel-street, St. Martin's-le-Grand; I knew the prisoner from his infancy both in Scotland and this place; he was a very good lad, honest, sober, and industrious.

RICHARD CURTON sworn.

I live in Cross-street, Hatton garden; I am an enameller and watch-maker; have known him these three years; I always understood his general character to be a

very good one, I have seen him at his business, and he has worked for me by consent of his master; I took him to be a very valuable lad, and so much so, that had I known of any controversy or any dispute with his master, I should have had no objection to take him to my house, and have given his master a valuable premium for him; I did not know till within a very few hours of this fact.

PRISONER RAYNER'S DEFENCE.

I leave it to my counsel.

JAMES THOMPSON sworn.

I have know Rayner's father many years, I never heard any thing disrepectful of the family before.

WILLIAM VALE sworn.

I live in Shoreditch; I am a shoe-maker; have known him ever since he was born, which was at the next door to me; he was brought up in the Friendly Society School, and by them apprenticed out to a baker, where he had served part of his time; his master could not keep him on, and since that he has lived in the capacity of under journeyman in several places, and when he has been near my neighbourhood he has frequently been at my house daily for months together, and I never had any cause to suspect him; he is almost twenty; he always behaved himself sober, honest, and quiet, and free from company; I used to trust him in my house, the same as my own son; the last twelve months I do not know so much of him; Mr. Goodman is a baker, with whom this young man lived some months, and I believe with an unblemished character; Mr. Goodman is busy, and could not come.

MARY EVETT sworn.

I live near Whitechapel; I am a single woman; I have known him fifteen years, ever since he was a child; he has been brought up in an honest religious society, and has been a sober youth, till very lately he has give himself into the love of pleasure; he had an undeniable character.

WILLIAM DAVIS , WILLIAM RAYNER ,

Guilty , Death .

They were humbly recommended to mercy by the Prosecutor and Jury, on account of their youth.

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

Reference Number: t17861025-11

771. PHILIP INWOOD was indicted for feloniously stealing on the 14th day of October , twelve pounds weight of cheese, value 5 s. the property of John Robinson .

JOHN ROBINSON sworn.

I am a cheesemonger , the corner of St. George's-market, Oxford-road ; on Saturday the 14th of October, about eleven at night, I was behind the counter serving some customers; I had several piles of cheese in one of the windows, and a lamp burning near them; I saw the lamp fall down, which occasioned me to turn round; and I saw one of the cheeses go; I could not see who took it; but I ran to the door, and saw the prisoner running with the cheese under his arm across the road; I called after him, and he ran the faster; when I came within twelve or fourteen yards, I saw him drop the cheese; I called to the watchman, and he took charge of him; I have had the cheese ever since; I know it to be mine; there are the two first letters of my name on it, marked by my desire by the factor in the country.

ROBERT WRIGHT sworn.

I stopped the prisoner; I am a watchman; it was Saturday the 16th of October at night; I did not see the cheese on the prisoner; Mr. Robinson gave me charge of him; it was about fifty or sixty yards from Mr. Robinson's shop.

PRISONER's DEFENCE.

I was coming past the door, and I heard

the alarm of stop thief; and I ran across the way, and they took me.

Court to Prosecutor. Did you see any body else run? - No, I cannot say I did before me; there were people crossing the road; I never lost sight of him from the time I saw him with the cheese; I had a glimmering sight of his back all the while.

GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

[Whipping. See summary.]

Reference Number: t17861025-12

772. ELIZABETH PARR was indicted for feloniously stealing, on the 2d day of September last, a camblet gown, value 4 s. four linen handkerchiefs, value 3 s. a silk handkerchief, value 6 d. a shift, value 1 s. an apron, value 1 s. a cloak, value 1 s. a pair of stockings, value 6 d. a pair of sleeves, value 6 d. the property of Sarah White , widow .

SARAH WHITE sworn.

I live the corner of New Compton-street ; on the 2d day of September, on Peckham fair day, I lost the things mentioned in the indictment; they were in my room and drawers; the prisoner was a lodger in the house I lived in; I lodged then with one Mrs. Walker, a chandler, near Dyot-street, St. Giles's; I did not miss them till the evening; when I returned home, I could not unlock my door; I saw one handkerchief that she had pawned at one Davis's, a pawnbroker, and I did not know better than to take it again; I know my gown; the sleeves are lined with blue, and robings at the breast; I know my linen handkerchief by the pattern; I never saw one of the same pattern; I have had them about six months.

MARY WATKINS sworn.

I keep a clothes-shop in Great St. Andrews-street, Seven-dials; I do not know the prisoner; I do not remember her bringing the gown; but I did buy that gown, and gave the full value for it; and three weeks after, the prisoner came with a constable, and said, that it was her that sold me the gown, and that it was stolen; the prisoner came in before the constable; she said, she stole the gown herself; I made her no promise of favour, nor the constable in my hearing; I gave three shillings and sixpence for it.

(The gown produced and deposed to.)

Prosecutor. I went with the prisoner and the constable to Mrs. Davis's, a pawnbroker, and there I found my handkerchief pledged for a shilling; the prisoner said, she pledged it.

Prisoner. Did not she promise me favour, if I would confess where the things were? - I did, but she would not tell me where the things were.

PRISONER's DEFENCE.

She swore many times over she would not hurt the hair of my head; I never touched any thing but the gown and handkerchief, and them I told her of; I have not a friend, within two hundred miles; she has used me very ill and now owes me thirteen shillings for washing, and when I came home of a night, she took me from alehouse to alehouse, and made me get in liquor.

GUILTY, 10 d .

Tried by the second Middlesex Jury before Mr. ROSE.

[Imprisonment. See summary.]

Reference Number: t17861025-13

773. WILLIAM ROGERS was indicted for feloniously stealing, on the 9th day of October , five printed books, value 5 s. the property of Richard Floyer .

RICHARD FLOYER sworn.

I am a bookseller in Chandos-street ; on Monday the 9th of October, I lost three printed books; on the Saturday before, I lost two; they were the Chinese Traveller, two volumes, and three volumes of Addison's Miscellanies; I took the last from the prisoner, in about five minutes after I lost them; about thirty yards from my own house; I believe he had not been in

my shop to my knowledge; I saw him take the three last; the window was up; they were in my shop; I pursued him instantly, and I saw him throw them from under his coat; I never lost sight of him; the first volume of each of the sets is marked with the price, in my own handwriting; I have no doubt of the books; I found the two books that I lost first at Justice Hyde's.

SAMUEL BRODERICK sworn.

I am an apothecary; the prosecutor came into my shop, and desired leave to stand behind my door, as he said, he had lost some books; there is only a passage parts our shops; he stood behind the door, and we both of us saw the prisoner take the books; I saw him in custody immediately after; I never saw the inside of the books; they were tied together.

- DORRINGTON sworn.

I am an officer belonging to Mr. Hyde's; I was sent for to take the prisoner, and the prosecutor gave me these three books; they are three volumes of Addison's works. (Produced and deposed to, marked 3 vols. 7 s. 6 d. in the prosecutor's hand writing) The prisoner told me when I had him in custody where he had sold them, and he went with me to find them.

Court. Did you recommend it to him, that it would better for him to tell you? - Yes; I found them at Mr. Johnson's who bought the books.

Jeremiah Johnson , jun. called on his recognizance, and did not appear.

PRISONER's DEFENCE.

I have been about ten weeks from Jamaica; I was bound apprentice there to one John Clark ; I was sent home for my health, and my money was all gone, and I was very hungry, and stole them for to get money to buy victuals.

GUILTY Of stealing three books, value 10 d .

Tried by the first Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17861025-14

774. WILLIAM CONNER was indicted for feloniously stealing, on the 26th day of September , four ounces of silk twist, value 9 s . the property of Gerrard Da Costa .

ELIZABETH DA COSTA sworn.

I am wife of Gerrard Da Costa; he is a taylor ; my husband was abroad at the time the silk twist was lost; it is his property; it was the 24th or 25th of September when I lost it; the prisoner was my husband's apprentice at the time; he had been bound two years; I was out, and when I returned at nine at night, the key of the work-shop was missing; the cutting room was within that; the key was in my husband's father's pocket; he lives in the house; he missed it, and desired me to look for it, and I found a small wooden slider that is between the cutting room and work-shop, which is fastened with a bodkin, had been opened; I cannot swear to the property.

MICHAEL RUSSEL sworn.

I am journeyman to Mr. Da Costa; the prisoner's fellow apprentice, Mark Watts, shewed this silk to me on the Monday morning, the day after it was missing, and I compared it with some other hanks of silk that were in the bag, and found it to be the same.

Is there any other circumstance by which you can prove this to be your master's silk? - No.

Had you missed it before you was told? - Yes, I missed several hanks of dark blue

Did you ever see this silk on the prisoner? - No, I have not.

MARK WALTERS sworn.

I am apprentice to the prosecutor, and have been so two years; on the Sunday afternoon I found this twist on the prisoner in the front of the kitchen; he was in the front kitchen playing with Mr. Da Costa's father; he was laying on his right side, and the twist was in his left pocket in a paper; I took the paper out of his pocket softly, to know what was in it;

he did not know I took it out; I went into the back kitchen to see what was in the paper, and finding it to be twist, I thought it was my master's property; I told Russel of it about half after ten at night; I took it between two and three, but Russel did not come home before.

How happened it, that you did not tell your master's father of it? - I was not certain of it; and I thought my master's father could do nothing in it.

What colour was the silk? - There was some dark blue and some mixtures.

Russel. This apprentice Walters gave me the first information of this silk within five minutes after I came home; I put in the bodkin as usual into the sliding place on Saturday night; I have the key of the cutting room always in my pocket since my master has been abroad; the bag of silk was in the cutting room; none of the apprentices have any business there; nor nobody had been in the cutting room on Saturday to my knowledge; the prisoner and the other apprentice were at home on the Sunday morning till I went out, which was about eleven.

Court to Mrs. Da Costa. What time did you go out on the Sunday? - Between twelve and one, the apprentices were both at home then; when I returned, Walters was at home, but not the prisoner; he returned between ten and eleven that night.

Had you charged Walters with taking this silk? - No; he told me that evening.

What is the character of Walters? - I always found him very honest.

Court to Walters. You have taken an oath to tell the whole truth; you did not take this silk out of the bag yourself? - No, I did not.

PRISONER's DEFENCE.

I found the twist in the same street as I came home.

Court to Mr. Da Costa. What did he say? - He said a boy gave it him.

Russel. It is worth nine shillings

GUILTY. 10 d .

Tried by the first Middlesex Jury before Mr. ROSE.

[Transportation. See summary.]

Reference Number: t17861025-15

775. ESTHER CURTIS was indicted for feloniously stealing, on the 6th day of October , one printed callico gown, value 15 s. the property of Elizabeth Wake , spinster .

ELIZABETH WAKE sworn.

On the 6th of October, I lost the gown mentioned in the indictment; I saw it again in half an hour; the prisoner was stopt in the passage by Elizabeth Morrison , and I found my gown on the parlour window; it was a gown I had about two months; I know it to be mine.

ELIZABETH MORRISON sworn.

I go out a charing; I saw the prisoner better than half an hour in the passage; I live in the house; I never saw the prisoner to my knowledge before; but as I went down my stairs, I saw the prisoner looking in at the parlour window; I went out with a little dust, and when I returned, I saw the prisoner coming out of the window with a wet gown under her arm; the gown was callico muslin; I have seen Miss Wake wear it; it was Friday the 6th of October I stopped her; and she said; do not hurt me. I am big with child; and she said, she had a young fellow in Newgate, she wanted money for; and that she would go and sell that gown and make money; and if I would follow her, she would give me six shillings of it; I called assistance, and she was taken into custody; she threw down the gown, and the prosecutor took it.

EDWARD DALBY sworn.

I belong to Mr. Walker's office, in High-street, Bloomsbury; I took the prisoner into custody on Friday, between twelve and one; I have had it ever since.

Court to Prosecutor. How long have you known Mrs. Morrison? - Two years; she is a very honest woman.

PRISONER's DEFENCE.

I was informed a young woman of my acquaintance lived there; and I went into this house; both doors were open, and coming through they took me; I never saw the gown till I saw it with the good woman.

GUILTY, 10 d .

Tried by the first Middlesex Jury before Mr. ROSE.

[Imprisonment. See summary.]

Reference Number: t17861025-16

776. JOHN LIGHTFOOT and JOHN TYRRELL were indicted for feloniously assaulting William Starr , on the king's highway, on the 1st day of October , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a metal watch, in a metal case, value 5 l. a chain, value 1 s. three gold seals, value 3 l. a key, value 1 d. a bed hook, value 1 d. and one guinea his property .

WILLIAM STARR sworn.

I live at Dover; on the 1st of October, I was robbed between Dalston and Kingsland turnpike , between seven and eight in the evening; I was in a coach, my wife, and another gentleman and his lady; we were stopped by two men on horseback, who rode round the carriage two or three times before they stopped us; then they came on the right hand side of the coach, and rapped at the glass, and desired that the glass might be put down immediately, or they would blow our brains our; when Mrs. Starr let down the glass, one of them, a tall young man, in a light coat, demanded our money with many threats; they had each a pistol; with that Mrs. ... delivered seven guineas, two half crowns, and some silver; but two guineas fell in her lap through fear; they only took five guineas, two half crowns, and some silver; after that, they asked her for her watch, she said, she had none; upon that they said, d - n you, we will blow your brains out; that was the tall man; one of them had a very faint particular voice, which was the only thing we could perceive almost; for it was dusk, but it was so clear, we could distinguish the colour of their coats and horses; it was a particular soft effeminate voice; afterwards they demanded the other lady's money, which she delivered, but what it was I do not know; after that they demanded my money; I gave them a guinea, being all that I had; after that they demanded my napp, or napper, I will not be sure which, by which I concluded they meant my hat; but they said, d - n you, I see your seals, so then I concluded they meant my watch, and I gave them my watch; they then robbed the other gentleman of his watch and money; I do not know what; then they left us, and we came to the turnpike; they rode round the coach several times.

What was the dress of the other man? - He had a dark coat underneath; they had both light coloured great coats on; the head of one horse was in the coach; one was a grey, and the other was a dark grey horse; we then arrived at the turnpike, and then I saw two or three officers, as they told me they were; I told them of the robbery by two men on horseback; a few days after I saw my watch advertised in the papers; I then went to the office in Worship-street, Shoreditch; the watch was shewn me; I knew it again; I then described the people before they were brought to me, exactly as I told your Lordship; as to swearing to them I cannot; it was not light enough for me to see their faces.

Look at the prisoners, can you say from their general appearance they were not the men? - No, I cannot; one was very tall, the other very short; the words I said, were, that one of them sat very losty on his horse.

When you saw the men, what dress were they n? - In the same dress they are in now.

I think you said it was the short man that had the dark coat under the white great coat? - Yes.

CONSTANTINE TEULINGS sworn.

I dined at a gentleman's house; and wanted to go home in the stage, but the gentleman said, no, I shall send you home in my own coach to the door; we staid till half after seven; and we were about two hundred yards from the house, when the coach was stopped; they rapped against the glass with a bitter oath; and said, your life, or your money; Mrs. Starr immediately delivered her money; she pulled out seven guineas out of her pocket, and two dropped in her lap; then they said, your watch; the lady put her hands together, and said, I have no watch; they said, you have not, and she said, no; then with another oath, they said to Mr. Starr, your nap, and your money, or we will blow your brains out; then he gave them his watch, and a guinea; then they took my wife's money, and the little man says to me, blast you, out with it immediately; so I sat down, and I could not get it out, but I got up, and gave it him; then he said, your money instantly; I gave him twelve or thirteen shillings; says I, there my friend, I believe you have need of it; well, says one of them, that will do; go on coachman; they were on horseback, one had a light horse, and the other a dark, or black one; they behaved very indifferent; one was less than the other; the tall one was the man that robbed me, and the other came up with the second pistol; their horses heads were very near; they had light upper coats on; I could not see their under coats; I can say nothing of these two men being the men; I cannot swear to their faces indeed.

SAMUEL HARPER sworn.

On the 5th of this present month, I in company with three other officers, was at Justice Wilmott's office; there came an information, that there were two people in Petticoat-lane, near the end of Gravel-lane that were suspected to have committed a highway robbery; we went into Petticoat-lane; the people were described to us; we went to the house where they were; they were eating and drinking; they were the two prisoners; we told them we wanted them; I believe it was twelve at noon.

How were they dressed? - Much as they are now; the prisoner Lightfoot was in black; they got up; we were in a very bad neighbourhood, and had many bad people about, and we did not think sit to handcuff them in the house; but Shakeshaft and me took Lightfoot, one by one cuff, and the other by the other; there was an entry; and when we came to that, which was coming out of the tap-room, then he forced his hand down to his breeches, and I saw him put his finger into his pocket, or into his fob, I do not know which; directly I saw him with the seal or seals of a watch, and part of the chain in his hand; I says to my brother officer, Mr. Shakeshaft, he is going to pull a watch out of his pocket; and we had a very hard struggle with him, having each of us a stick we had but one hand to hold him; after we had struggled with him some time, Mr. Shakeshaft wrenched the gold seals out of his hand, and the chain parted from the watch; when I said, he was going to pull a watch out of his pocket, he then said, he had no such thing to pull out of his pocket; he said, he had no watch about him; we got the seals out his hand, and Mr. Armstrong, I believe it was, said, as to the watch, I suppose, that is sold; no, says he, I had none; we then sent for a coach and took them to Mr. Wilmott's office; as to the prisoner Tyrell, the whole time he behaved very well, and never offered to stir from the place where he was when we went in; when we got to the office, Armstrong, in company with another officer, took Lightfoot up stairs, and he brought down a watch with him; which he said, he found upon him; I have nothing to say against Tyrrell, only being in company with the other.

Mr. Garrow, Prisoner's Counsel. You are an officer belonging to Mr. Wilmott's office? - Yes.

How long have you been so? - A-many years, and a housekeeper; I keep a shop in the neighbourhood.

How many trials for highway robberies are you a witness on in the course of this sessions? - No more than this and the last trial.

If these two men should be convicted it will make four forty pounds? - That is hardly worth while asking me for doing my duty, and the hazard I run in doing it; if there is any thing for me I hope I shall have it.

You either have or not the impression on your mind that you are to get something by the conviction? - I certainly have, and so has every man that works.

JOHN SHAKESHAFT sworn.

I went to this public house, and told the two prisoners that we had an information against them, they must go with us; the prisoner Lightfoot he laughed, we told them they must go; there was a vast number of thieves about them; I took hold of one cuff of his coat, and Harper took hold of the other; in going along, says Harper he is getting a watch out, I took hold of his hand, and I pulled his hand from his breeches, his hand was clinched close, he would not open it, I got it almost open two or three times, I felt the seals and the chain in his hand; at last Armstrong came to assist, and I got the seals and chain out of his hand; I brought him back to the tap-room; says I, he has got a watch about him; he said, he had none: they wanted then to pay for their beer, and have some more beer; says I, you may have a pint of more beer and welcome; the prisoner Lightfoot said let me pay for the beer, then I saw him put his hands towards his pockets, says he, I want to put my change in my pocket; we brought them away, and in coming up Petticoat-lane, I perceived him putting his hand into his breeches pocket, says I what are you doing; says he, I want to put my change in; we put them into a coach and took them to the office, I said to Armstrong that I was sure he had a watch about him; Armstrong searched him but I was not present; here is the chain and the seals; the prisoner Tyrrell sat very quiet, he made no resistance at all: I searched Tyrrell and found nothing upon him but this spur: in Lightfoot's lodging, of which he gave the key to Mr. Armstrong, I found this light-coloured coat, and there was a light coloured great coat, which I gave to the prisoner at the lodging, and in the side of this coat was gunpowder; Mr. Armstrong found a pair of spurs in the room, I saw him take them down.

(The chain and seals deposed to.)

ARMSTRONG sworn.

On Thursday morning I went to this house with the other officers, we spoke to Lightfoot, and told him we had an information against him, me and Bamford were left in possession of Tyrrell; a sc uffle ensued with Lightfoot, I perceived some seals in his hand, we took him in a coach to the office; in searching Lightfoot's lodging I found this spur; I took him up stairs into the room, and stripped him and searched him, and in his right hand breeches pocket I found this watch; I asked him what he thought upon it, when I found the watch; he said nothing till he went before the magistrate; we advertized the watch, and Mr. Starr came and owned it.

(The watch deposed to.)

HENRY BAMFORD sworn.

I am an officer, I was in company with three other officers on the 5th of October, and I went with them to the house in Petticoat-lane; I apprehended the prisoners, and when they came to Mr. Wilmot's office, Lightfoot denied having any watch, or any thing; I was present when he was searched, and a watch was found in his right hand breeches pocket.

ANN GOODALL sworn.

These two men were at our house three Sunday evenings running; our house is the

Three Tons, Kingsland; the first Sunday they were on horseback, on two black horses, the second Sunday a grey and a bay, the third Sunday a grey and a bay.

When were these three Sundays? - I cannot say the days of the month, but one of them was the Sunday evening that the robbery was committed, they left our house a little before eight, they were there the space of ten minutes.

Do you happen to know which way they came? - No, I do not.

Court to Armstrong. Have you taken any pains to enquire where they had their horses? - Yes, my Lord, we have, but we could not find it out.

Court. There was a plan, I remember, once in agitation of obliging all persons that let out horses to register them.

PRISONER LIGHTFOOT'S DEFENCE.

I hope the prosecutor will look well at the bar at which the men is standing, as innocent as a child unborn, and be forced beyond his conscience by men who get their living by selling other people's blood; this man came into the house and took us, I put my hand down to my pocket, he caught fast hold of the chain.

Court. But how came you by it? - I bought it in Bishopsgate-street of the Tuesday.

Then how came you to deny so constantly to these people that you had any watch? - Because I expected that every thing they took from me they would keep, they took my knife and every thing from me.

What business have you been in? - I am a silk-twister the most of my time since I have been in London.

Can you explain to the satisfaction of the Jury the cause of your being out on horseback that night? - I never was twenty yards from my own house that day till nine at night.

JOSEPH JOHNSON sworn.

I live near St. Martin's church in the Strand; I have known him a dozen of years; I am a painter and deal in pictures; the prisoner Lightfoot was born within twenty or thirty yards of me, I have known him all my life, and I understood since he has been in London, he went to drive a hackney coach; he had a universal good character for what I know, I never heard any thing against him, his general character is an industrious man.

GEORGE BARBER sworn.

I live in the upper end of Golden lane, I am a silk-twister; I have known Lightfoot five years, he was in that branch, he worked journey work along with me; he always bore an upright and fair character as ever I heard, he worked with me fourteen months.

JOHN BROWN sworn.

I live in Long-acre, I am a silk-twister; I worked journey-work at the same time, I have known him about three years, he had an upright fair character as far as ever I heard.

RICHARD HUGHES sworn.

I live in Lower-street, Islington, I am a shoe-maker; I have known him these seven years, he lodged with me about three or four years ago, he drove for Mr. Jenks; his character was very good when he was in my house.

RICHARD HOTHAM sworn.

I live in Old-street, I am a silk-twister; I have known him above three years, he always bore an upright character as far as ever I heard.

PRISONER TYRRELL'S DEFENCE.

On Thursday morning Mr. Lightfoot came to me, and asked me to take a walk to Whitechapel, and I said I would; and we went into a house, and had some oysters for breakfast, and while we were there these gentlemen came in and took us.

Court. What do you say to being on horseback with him? - My Lord I never was on horseback with him in my life.

JAMES SMITH sworn.

I live in Black-friars, a hackney-coachman.

Court. Let the other witnesses go out. How long have you known Tyrrell? - About twelve months.

Where does he live? - He did live in Moorfields when I knew him, he used to use the same house that I frequented much at times, I only knew him as using the house, I have drank many a pint of beer with him, I have been in his company very often.

What is his business? - He is in the horse-dealing line , I used to see him exercising horses about Moorfields; I do not know where he lived when he was taken up. On the 1st of October my coach was in the rank at Moorfields, and somebody called coach about half after six; I was in a house and this Tyrrell was there, we had a pint of beer together at the Swan and Hoop at Moorgate, as soon as I drank my pint of beer I got off with a gentleman to the horns in Gutter-lane, Cheapside, and the prisoner Tyrrell went on the box with me, and the gentleman at the Horns in Gutter-lane paid me, and we had a glass of brandy a-piece; I believe the man who keeps the Horns in Gutter-lane is here, we had half a pint of brandy between some of us, the man at the Horns paid me, and I went away, and we parted; this was Sunday night the 1st of October.

How came this man to ride on the box with you? - I asked him to have a ride with me.

Why, by your account he was only a common acquaintance? - Only his being in the rank and using this public house.

You say he was in the horse way? - Yes, I have seen him in the horse line, I have seen him exercising his horses.

Is it a common thing for you to take people up on your box when you carry a fare? - Why it is common and it is not common; it was a little before six.

Do you know who it was you carried to the Horns? - The gentleman that keeps the Horns knows because he paid me; it was half past six in the evening when I went off with the coach.

Did you drink the pint of beer in the house or at the door? - In the house, in the tap-room.

Where was your coach during this time? - My coach was watering the horses at the door at the time.

You carried one man only? - Yes.

Did you get off your box at the Horns? - Oh, yes, we had some brandy there.

What room did you go to there? - The public room, the tap-room?

How long did you stay there? - Seven or eight minutes.

What became of the prisoner? - When we had drank our brandy I bade him good night there, I left him at the door, he went about his business, and I went about mine.

When you asked him to have a ride, did you tell him where you were going to? - He heard the man that was in the coach tell me where I was going to.

Had he any business that way? - I cannot say, I did not ask him.

Did you promise him any liquor when you came to the Horns? - No, the gentleman treated us that I carried there; the gentleman is either a cook or a waiter or something at the London Tavern in Cheapside, he is a servant I know, but the gentleman that keeps the Horns can tell you; I was not at the Justice's the first hearing, but the second I was sent for, but they did not let me in; it was Sunday the 1st of October.

MOSES WEST sworn.

I keep the Horns in Gutter-lane.

Do you know any thing of the prisoner Tyrrell? - No, I do not.

Do you remember the circumstance of a coach coming to your house? - Exceedingly well.

When was it? - The first of this month.

What day of the week? - On a Sunday evening between seven and eight, the clerk, I believe he is, to the New London Tavern was set down at my house at that time, he was intoxicated, he desired me to pay them, he desired me to give them half a guinea, there were four of them with the coachman; I thought half-a guinea too much, as the young man was

intoxicated; I gave the young men three shillings, and a glass of brandy a piece, and I paid the coachman his fare, which was eighteen-pence.

What was the three shillings for? - For seeing home the young man that was intoxicated; there were five in all.

What was the three shillings given for? - - For their care I understood, my Lord; he desired me to give them half a guinea; he did not know what he said, and I thought it was too much; they seemed satisfied with three shillings; I called the coachman, and he said his fare was eighteen-pence.

Do you know the coachman? - Yes.

Is that the coachman? - Yes.

Do you know any of the other people? - No, I know none, but the gentleman that was brought home in the coach.

Did you go out when the coach arrived? - Yes.

Were they all in the coach, or upon the box, or behind, or where? - I cannot speak to that indeed.

Who took the three shillings; did they divide it amongst them.

I do not know, I gave one man the three shillings, and the coachman eighteen-pence, and a glass of brandy a piece.

Court to Smith. How is this, you told me it was a single man? - I did not think it signified saying any thing of it; it was a quarrel, and I took my fare; this gentleman gave the men a shilling a piece.

THOMAS THOMPSON sworn.

I am a publican, I keep the old White Horse in Chiswell-street, Moor-fields; I have known Tyrrell four years; he is in the stable way as groom.

Has he been in any regular employ? - I have known him in two or three places; he was out of place when he was taken up.

How long had he been out of place? - I cannot say rightly, I suppose a month or two.

Or three? - I will not say rightly.

Or four? - I will not say rightly.

Six months? - I should suppose not so much as that.

It seems as if by a month or two, you meant more than a month or two? - It may be more than a couple of months, I cannot say it is six months, nor I cannot say rightly how long, but I believe it may be a month or two, to the best of my knowledge; when out of place he lodged with me, and I always found him honest; he lodged with me constantly.

Then you can tell pretty well how long he has been out of place? - No, I cannot upon my oath say within a month or so; when out of place, he used to be employed by the people; I knew a Mr. Hull, in Chiswell-street, used to employ him to take horses to the country; I believe Tyrrell is a very honest lad, I never found any thing to the contrary.

What age is he? - I do not know.

Court to Mrs. Goodall. Did you know these people that you speak of, only from the circumstance of their having been three times at you house? - No, Sir.

You had never seen them but these three times? - No, never.

Now as to Tyrrell, look at him, are you quite sure he is the man? - I believe them to be the men that were at our house.

Have you any doubt about them? - I cannot say I can swear to them, because they did not come in doors.

Did they speak to you? - No, I received their money once.

Then perhaps you spoke to them? - I cannot say I did; they only drank at the door two pints of beer, and had a slice of bread and butter.

Then you are not quite positive? - No, but I believe them to be the men.

JOSEPH LIGHTFOOT , GUILTY , Death .

JOHN TYRRELL , NOT GUILTY .

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

Reference Number: t17861025-17

777. THOMAS VALLENCE and DANIEL COLLINS were indicted for feloniously assaulting Thomas Schooley on the King's highway, on the 8th day of September last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, fourteen shillings in monies numbered, his property .

THOMAS SCHOOLEY sworn.

I am a labouring man ; I work at ballast work, and coal work ; I live with my master, Mr. Pantin, near St. George's church in the borough; he is in court; on the 8th of last September, between two and three in the morning, I was robbed in Lower Shadwell , underneath Mr. Dunn's house, a painter; I was going to work at ballasting; I got dry, and I went into the Three Cups to have a pint of beer; I rapped at the door, and went in and sat alone; there were three fellows together, the prisoners were two them, and I had very heavy words with them; I had about twenty shillings in my pocket; I pulled out the silver to look for sixpence; I gave the landlady a shilling to change and went away; and when I had gone about three yards from the house, the prisoners, and another came after me, and knocked me down; they did not speak to me first; they laid hold of me by the mouth, and by the hair of the head, and knocked my head against the curb-stone, till the blood flew out of my ears and nose; a gentleman cried out thieves several times, but nobody came to my assistance; they robbed me of fourteen shillings only; the change I had in my waistcoat pocket they did not take that, they had not time; after they had robbed me, they ran away directly, and I cried out watch; I got up as quick as I could, though I was very weakly with the loss of so much blood; I overtook the young fellow in the striped jacket; then one of the ballast heavers came to my assistance, and the watchman laid hold of them; the watchman let one of them go, for he told me, that the thief told him he would be upon honor with him, for he would walk before him, but I never saw that thief since.

How far was that man you took from you? - About two or three hundred yards.

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

Are you sure that the man you took, was one of the men that robbed you? - Yes, I took particular notice of him; I was attacked within one hundred yards of the Three Cups.

What sort of a morning was it? - It was pretty lightish, a very fine morning; the man came behind me.

As you was knocked down before you was robbed, had any opportunity of looking at them? - Yes, when I was knocked down, I took particular notice of them by their jackets, and by the hairy caps they wore, and by their complection.

What countrymen are they? - I cannot say.

Had you ever seen them before? - Not to my knowledge.

Which is the man you took? - The prisoner Vallence.

You say you are sure that Vallence was one of the three that robbed you? - Yes; the other prisoner came to the watch house afterwards, but nobody would stop him, and he was taken the next day; the watchman came to me again, after they were fully committed, and said a gentlewoman wanted to speak to me, and he took me to a strange house, and they wanted me to smother the robbery; one of the women asked me if I was going to hang her nephew; I said I never hung any body, nor never should, for if the law of the nation hung them, it was not me; then I was applied to by a girl, who said a gentlewoman wanted me; she gave me some rum, and told me not to hang her son, but she should not mind if he was transported.

Mr. Keys, Prisoner's Counsel. You are a labouring man? - Yes.

This was between two and three in the morning? - Yes.

Where had you been all that night? - At Paul's-wharf at work, and from thence to Newgate-market.

When did you leave off work? - About half past one, I carry the loads all night.

Was not it very dark that night? - No, it was not.

You are sure it was not dark? - Yes.

Did not the watchman tell you, you was drunk that night? - No, Sir, not that I know; he abused me very much; the watchman shewed me the Three Cups; I knew the watchman; the watchman has been turned out of the parish on that very account, and his other misdemeanors, the day following, and two days after he was turned out of the parish in the vestry.

You are sure Vallence was one of them? - Yes, Sir, very sure.

Where did you get this money? - Worked for it, Sir.

Court. I understand you, that you was going to ballast heaving? - Yes, I was.

MARGARET KILBY sworn.

I keep the Three Cups; I remember the prosecutor being at my house that night; the watchman came and knocked at my door at twelve at night, and the maid opened the door, and he said, let this man have a pint of beer, or something to that purpose; the girl gave him a pint of beer.

Did the prosecutor go in? - Yes.

Who was in the house at that time? - I set up to wait on the labourers; there was nobody in the room besides the prosecutor when he first came in.

Did any body come in while he was there? - There came three or four young men.

How were they dressed? - I really did not take notice, I was not in the room when they came in; they were dressed in jackets.

How long did the prosecutor stay? - He stopped and had two pints of beer.

Was he sober, or in liquor? - He was a little in liquor.

Did he go away first? - He went away before them.

How long did they remain in the house after he went? - About three or four minutes.

Did they go out all together; - Three went out, and one staid in the house.

Did you hear any alarm after this? - No, I heard the watchman rattling his rattle, but I did not open the door to see what it was.

Do you know any of the people that was at your house? - Yes, I recollect the two prisoners faces to be in my house that night; but I do not say that these two young men robbed the man.

Who was the third man? - I do not know, I never saw any of them before; but I know these two young lads to be two of the men; I never saw them before, but when they came before the justice in the morning I knew them.

Mr. Keys. This was at twelve at night you say? - Yes.

The prosecutor was in liquor? - Ye s, he was a little in liquor.

Are you quite sure as to these two young men? - Yes, I am sure they were in my house that night.

GEORGE FORRESTER sworn.

I belong to the public office, Shadwell; I know no further, than that one Hanks, who is not in custody, I had information of; I went to look for him, but not finding him, I took the prisoner Collins, in Shadwell, about eleven the next day; I asked him where he slept last night, and he said in Blue-coat-fields; I know no more; I brought him down to Shadwell, and he was detained on suspicion.

Court to Schooley. I understood you, that you had taken Vallence, and that the other prisoner had been taken by the watchman the same night? - No, the watchman took none of them; I took him to the dock; he was within five or six yards.

Look at Collins, do you know any thing of him? - Yes, my Lord, exceedingly well; he was taken while I was ill; I can swear positively to him.

When did you see Schooley? - Not till this prisoner was committed for further examination.

JOHN ORANGE sworn.

Mr. Forrester brought one of the prisoners up to me, and I searched him, and in two papers in Collin's jacket pocket, I found six shillings wrapped up in two pieces of whitish-brown paper; there were four shillings in one paper, and two shillings in the other; I saw the prosecutor all over blood, locked up in the watch-house.

PRISONER VALLENCE'S DEFENCE.

I leave it to my counsel.

WILLIAM SUTTON sworn.

I was a watchman in Shadwell-dock that night, the 8th of September, I have known the prosecutor these two years; I believe I came round about ten, and it began to rain; after the half hour I came and saw the prosecutor in my box; says I, what is this here, my officers will not allow me to keep any body in my box, you must move out of this; he was drunk, I could hardly keep him up; at eleven I found him drunk a second time, laying in the street, I then told him he should not be there; says he, I am waiting for the captain; says I, where do you lodge? says he, in the city; I went round about, as soon as I came round the half hour, there he was laying in the same place again; I thought as it was raining he would catch his death of cold; he asked me if I knew of any lodging; I told him no, except one public house, as I came round where I heard people up, I went there, and told them there was a man very much in liquor, and would catch his death of cold; I did not stay there three minutes, there I left him in an empty box by himself.

What time was this? - I suppose pretty near twelve when I put him in there, then he was very much intoxicated with liquor, he could hardly stand upon his legs, I saw him afterwards, I cannot tell what time it was, may be it might be an hour and a half afterwards, when he came out of this public house there was a good many people backwards and forwards, I did not stop to hear what they were, there was a racket, as there most commonly are watermen and captains of ships and that, and so I went down, and the prosecutor was there, and two men had

hold of him, whether they were lifting him up or what I cannot say; the prisoners at at the bar were coming one way; says, I do you know who robbed you? yes, says he; says I, did this man rob you? yes, says he; and I suppose if I had pointed out any other he would have said the same.

Where was Vallence when you came up? - He and another man was walking towards us.

Court. How came you to ask him whether that man had robbed him? - I asked him whether he know the persons that robbed him, Vallence was one of the men that he said robbed him; I do not know who the other man was.

Mr. Keys. Who took Vallence into custody that night? - I did.

You took him to the watch-house I think? - I did.

When you first came up was Vallence standing there? - No, he was coming towards the crowd; I have known the prosecutor for about two years.

What is his character in that neighbourhood? - His character is like a great many labouring men, he makes ill use of his money, and gets drunk like a great many more foolish people.

Is he supposed to carry much money in his pocket? - I believe he seldom has much money, I believe he is like me.

Court. Are you any relation to Vallence? - No.

Do you know his aunt? - No, I know his mother.

Did not you carry this Schooley to his mother or aunt? - No, I carried her to the public house; I never took him to her house.

What house did you take him to? - To Mr. Swinney's, the Bull's Head, in New Gravel-lane.

Who desired you to take him to that house? - I met him and took him up there with his mother to make it up.

How came you to know that? - He told me he was willing to make it up; I told Schooley I believe the mother and you will make it up; so I carried him to the Dock public house, and the mother was not at home, I fancy there was some relation there, they had some discourse but what it was I do not know; I was not with him the next time; I have known his mother going on twenty years.

How has the lad got his living? - I have known him to be a good scholar, and he is lately come home from Greenland.

How comes it you are not a watchman for the parish? - I do not know, I am a watchman in another parish, now in St. George's, I was turned out about this affair.

I suspect because you wanted to get this man to make up this business. - No, it was because I did not come down time enough when this man was robbed, I could not be at both ends of the street at once.

FRANCIS BECH sworn.

I have known Vallence in the course of fourteen years since he was a baby; he was brought up to sea, and that vessel was car away, and the captain is not here at present; he has gone to Greenland backwards and forwards, his mother keeps him; Captain Scott is not in town or he would give him an undeniable character, he made his last voyage with him.

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

PRISONER COLLINS'S DEFENCE.

I hope I shall have my money returned to me.

Court. Can you satisfy the Jury where you was that night? - I know no more about it than I met this young fellow, we went into the Three Cups and had a pot of beer, the prosecutor was laying asleep in the box, we sat in another box, the watchman came in, who was an acquaintance of this young fellow's; this young fellow called for half a pint of rasberry, and drank about half a glass of it, and went away for fear of being locked out; then I heard he was taken up, I went to the watch-house to see what was the matter, and the prosecutor was there, and he said I believe he is one of the robbers, take hold of him;

but nobody would; then I went away, I was going to work; and after I came from work, about ten, Mr. Forrester came and took me away: I have no friends in England.

Court. Is there any person belonging to the watch-house? - No.

Court to Sutton. Was you there when Collins came to see Vallence? - No, I was not.

Court to Schooley. Where had you been the night before you had got down to Shadwell? - At Paul's Wharf carrying apples, pears, and all kind of garden stuff, as I always do when I am not in place; I suppose I went away from Paul's Wharf about half past twelve, and got down to Shadwell about half past one; I never was laid down at the Dock, nor he never bid me go away; he said you are a little in liquor; says I, I am fatigued and a little in liquor too, says I.

BOTH GUILTY , Death .

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

Reference Number: t17861025-18

778. HENRY FOSSET and RICHARD STEPHENS were indicted for burglariously and feloniously breaking and entering the dwelling-house of John Collier , about the hour of two in the night, on the 30th of August last, and burglariously stealing therein three hundred and seventy yards of Irish linen cloth, value 48 l. one hundred and forty-eight yards of muslin dimity, value 14 l. seventy-six yards of printed cotton, value 6 l. two hundred linen handkerchiefs, value 15 l. ten cotton handkerchiefs, value 15 s. eight yards of Scotch cambric, value 3 l. ten yards of printed callico, value 25 s. sixteen yards of long lawn, value 35 s. twenty five yards of muslin, value 5 l. ten yards of muslin, value 30 s. and one hundred yards of silk ribbon, value 30 s. his property . And ANN, the wife of THOMAS BELL , was indicted, for that she, on the 1st day of September last, the said Henry Fosset and Richard Stephens feloniously did receive, harbour, and maintain, well knowing them to have done and committed the said felony and burglary .

Another count against her, for that she, on the 1st day of September, five yards of Irish linen cloth, part of the said goods, feloniously did receive and have, knowing the same to be stolen, against the statute .

(The case opened by Mr. Silvester.)

JOHN COLLIER sworn.

Mr. Garrow. You live at Islington ? - Yes, I keep a linen-draper's shop there.

Tell us what time you went to bed on the 30th of August? - At twelve o'clock. I every evening see that every thing is fast, it is my general custom; at six in the morning I was alarmed, several of the neighbours came to me; Mr. Hole came to me, and the first things that I missed were seven or eight pieces of fine Irish; Mr. Hole asked me if I had lost twenty pounds worth, I said I had lost one hundred and fifty pounds worth; the shutters were broke, and they broke a pane of glass, and broke down that shutter, and undid both the bolts; when they had carried away the property they had put the shutters up again in a loose manner, and drawn to the door again; I lost one hundred and forty or one hundred and fifty yards of muslin dimity, worth about 14 or 15 l. and sixty or seventy yards of about 5 l. value; I lost a whole piece of handkerchiefs worth 20 l. long lawns and cambricks, and muslins, the value of all that I lost was 126 l. as near as I could tell; cut goods we cannot tell.

Mr. Knowlys, Prisoner's Counsel. I think, if I heard you correctly, you first said it was your constant practice to be up last and see every thing safe? - Every night, I never go to bed but the last thing I do is to go into the shop, to see if every thing is fast for fear of an accident.

JOSEPH WEEDON sworn.

I am a milkman; on the 31st of August, I was going a milking, about thirty-five minutes after three, and I met four men with four bundles leading from this house.

Do you know either of these men. - I do not know any of them it was so dark.

JOHN LUCY sworn.

I am an officer; in consequence of an information about a week after the robbery, Mr. Collier obtained a warrant and took up the two prisoners; and there was no proof against them then, and they were discharged; on the 11th of September, I went with Shakeshaft, Armstrong, and Bamford, to an apartment, where we found four pieces of Irish cotton, muslin, a quantity of printed cottons, and a quantity of handkerchiefs, which Mr. Collier, who went with us, claimed as his property; on the 19th of the same month, I went on an information to the lodgings, where we apprehended the prisoner Bell and Thomas Taylor , who is not in custody, we saw there Mrs. Bell, there was a little quantity of fine Irish found there, we thought it necessary to bring that away, I believe there was not above three or four yards; a person came in while I was there, and as soon as she saw us she ran away, I followed her and asked her business, her answer was not satisfactory, I told her I would search her house, and in the window I found this pistol, it was the house of a Mr. Goldsmith. Aldred, the evidence, had given a description of the two pistols, as long horse pistols, with a head at the but end, and this pistol answers to it; Armstrong in company with me at the same house found the other pistol in the same house; we found in one gunpowder and a screw and two balls; it is an alley at the top of Brick-lane, Old-street; she said, she had that linen of Thomas Taylor , Mr. Collier said it corresponded with some that he had lost.

JAMES SHAKESHAFT sworn.

I am an officer, on Monday the 11th of September I went to the house of Aldred in Brick-lane, there we found some pieces of Irish, muslins, and prints.

(Produced.)

Prosecutor. These are my property, there is my shop mark on them now; these are part of the goods I lost that night.

Shakeshaft. We went afterwards to Mr. Athill's, and took them in custody, but nothing was found there at all; then we went to the lodgings of Mrs. Bell, in Ratcliffe-lane, at the bottom of Brick-lane, Old-street; and down in some gardens, adjoining to the fields, at the back of this place, there is a ditch, and over that ditch was laid a bit of plank, for any body to come over occasionally; after you get from Mr. Collier's house, and through the church-yard, you may go all over the fields to the City-road turnpike, and there you may go to this house; I found Mrs. Bell in a room up one pair of stairs, which looks to the fields; they are all close to the fields; there I found this apron, and some pieces of new Irish; I asked her where she got them, she said from a person close by, a public-house, that they had it to make; I asked her what the name was; she did not chuse to tell me; then I went there, and there I found some more to make a shirt, and she acknowledged before the Magistrate that she received that cloth from Thomas Taylor ; Athill had given me description of a brace of horse pistols that Fossett had in the coach; and when we were searching Mrs. Bell's lodgings, somebody came in to give any assistance that might be wanted; and I told Lucy to follow that woman; we went there and searched the house, and there we found a brace of horse pistols, and also found a bag in Fossett's lodgings in Grub-street, which Armstrong and I had information against; and that Athill declares was one of the bags that the things were found in.

Mr. Knowlys. What day of the month was this that you was at Bell's? - On the 19th.

JOHN ARMSTRONG sworn.

I went with this other officer; I produce a brass barrelled pistol, and this brown bag; I found the pistols next door but one where Mrs. Bell lives, at Goldsmith's, loaded with two balls; and this bag I found

in the prisoner Fossett's lodging; this other pistol was also found at Goldsmith's; I saw both charges drawn; after the prisoner Fosset was committed, some man that knew him, said to him, Harry you are fully committed; yes, says he, this is their d - d staunch fence.

What is the meaning of fence? - A receiver of stolen goods.

SAMUEL ALDRED sworn.

I live in Brick-lane, in Bethnal green parish; there were some linen goods found at my house; my wife bought them of Mrs. Athill; I was not at home when Mrs. Athill came to our house; I remember my wife buying some things of Mrs. Athill, and paying her some money; I cannot say when it was; I think it was the Friday night the 10th of September, I saw her paying some money.

Was all that linen drapery goods that were found at your house received from Athill? - To the best of my knowledge, they took a great deal more from us that Mr. Collier did not own; I was at home when the piece of cloth (the Irish) was brought; and I saw her pay Athill, in Mr. Athill's chamber; I went there on Friday night the 1st of September.

Mr. Knowlys. How long have you known Athill? - I cannot justly say, seven or eight, or nine years.

Then perhaps you knew him before the year 1780, do you think you did? - I do not know, I think I have heard his name.

How long have you known the man? - Not a year.

I think you talked of Mrs. Athill, who is she? - She does not go by the name of Athill; she says her name is Cockvine.

Are they man and wife, or are they not? - She says her name is Cockvine.

Now, in point of fact, and within your knowledge, do not they live together as man and wife? - I suppose they do, and have had children.

What is the character of Athill? - I know nothing of the man's character; he is a master weaver, and makes his own work.

Does not he bear the character of a most notorious receiver of stolen goods? - I cannot say so; I never knew it; I do not know that he does.

Recollect yourself again, did you never hear him called so? - I do not know that; I have never heard him have any words with any one.

Do you know that this man has been tried? - Never to my knowledge.

Do you know of Mr. Athill's being tried? - I do not.

Do you know of his living in London in the year 1780, at the time of the riots? - I do not.

Do you know of his absconding on a charge of his being guilty of a riot in the year 1780? - No, I never heard that.

SARAH ALDRED sworn.

I am wife of Samuel Aldred ; I live in Brick-lane.

Where did you get the linen drapery goods that were found at your house? - I bought them of Mrs. Athill, seven weeks ago, on a Friday night; I do not know the day of the month; I went to buy them at Mr. Athill's house; she came to fetch me; I bought some Irish cloth, which was that which was taken away by Mr. Collier; I bought six pieces, they came together to seven pounds four shillings, because one piece fell short; the next day I bought some other of Athill; there were some pocket handkerchiefs; I gave fifteen pence a piece for them; I believe that came to three pounds three shillings and sixpence; I bought some muslin dimity; I gave fifteen pence a yard for that; and gave four guineas in part; but the rest I did not pay; Mrs. Athill carried them home, and I took the Irish myself.

Mr. Knowlys. How long have you been acquainted with Mr. and Mrs. Athill? - I never was acquainted with her in my life before.

Was this the first time you purchased

goods of Mr. and Mrs. Athill? - Yes, indeed.

How long have you lived there? - I do not know indeed; she used to come backwards and forwards to me for chandlery wares.

Did she keep a shop for the sale of linen? - Not to my knowledge; she told me she took it.

What character did Mr and Mrs Athill bear? - I do not know.

WILLIAM ATHILL sworn.

I live at No. 6, Black-Eagle-street, Spital-fields.

Do you know these two men? - Yes, very well.

What do you know of them? - The 1st of September, Richard Stephens came to my house, in the morning; I was up stairs; they asked me I would buy any property; I asked them what it was; he mentioned linens, Irish, cambricks, handkerchiefs, and muslins; I told him yes, I would; I asked him, where they were; he said, it made no odds where they were; but if I would meet him in the evening, he would take me to where they were; he told me to meet him at Mr. Langley's, at the Cart and Horse, in Goswell-street, in the evening, between six and seven; I went there; there was Stephens and Fossett, and Tucker, and Taylor; we drank some beer, and all went away but Tucker; they left him with me; he did not stay many minutes before he went, and told me to wait till he returned again; he was gone about ten minutes, and he told me to come along with him, and he would take me to where the property was; I went with him, and he took me to the place, the back of Brick-lane, Old-street; I cannot recollect the name of the place; and when I came there there was Stephens, and Fossett, and Taylor, and they had a bag with them, with four pieces of muslins in the bag; I measured them, and I agreed to buy them; then they asked me if I would buy some Irish, and some linen; then Fossett and Stephens and Taylor went away, and brought another bag with some other things; then we agreed for the price of them; there was seven pieces of Irish, and a quantity of handkerchiefs; I agreed to pay them for it; they asked me how I would get them home; I said, I intended to have a coach, but I said, I would go home first, and get the money; they said, they were not afraid to trust me with the money, there was no doubt but I would pay them; then Stephens went and fetched a coach, and when he came back he told me a coach was waiting at the corner of the Ivey-house, in Goswell-street; then I took the two bags; then there was a kind of dispute who should go in the coach with the property; then Fosset said, he would, and he told the coachman to drive into Brown's-lane; when we came there, I got out of the coach, and went home to my own house with one of the bags; Fosset had a pair of pistols with him, large pistols with brass barrels.

Look at these pistols? - These are the very same pistols, for I made a remark of this head being at the butt end of it; then Fosset took the other bag, and brought it to my house with me; then I paid him the money that I agreed for, that was twenty-five pounds, one shilling and sixpence, I think to the best of my knowledge, all but three shillings and sixpence I paid for the coach hire; when he was going away, he asked me if I would have them pistols, to guard the property, I imagine; I told him, no, I did not want them; and when he went away, he desired me to let him have the bags again in a day or two, or rather before that; when I was in Brick-lane, I asked them where the property was from; and they told me, from Islington; he told me to leave the bags for him at the White Horse, in Petticoat-lane; accordingly I went there in a day or two, and there I saw Taylor and Stephens together; I did not take the bags with me; they asked me, if I had brought the bags with me, and I said, no, I would bring them the next day; the next day I carried them, and left them at the bar.

Look at that bag? - This is one of

the bags that I left, the other was a kind of a light blue bag; when we met at the house where Mrs. Bell was, she said it was her place; it had a field behind it, and I shewed it to Shakeshaft.

Who went with the coach beside you and Fosset? - Another man rode behind, only Fosset went with me in the coach.

Are you sure these two are two of the men? - Yes, I am very sure of it.

Are these part of the same goods that were sold to Aldred? - Yes, I am sure of that.

Court. Were they all sold to Aldred? - No.

Were all that you sold to Aldred part of the things that you purchased of these men? - I am sure they were the same things.

Mr. Knowlys. You say they were the same things that were sold to Aldred? - Yes.

Did you happen to be present when Mrs. Aldred came to buy them? - Yes.

You are positive of that? - Yes.

Was there ever any suspicion lighted on you of this burglary? - I cannot say whether there was or not.

Was not you taken up for this burglary? - I was taken up, but I cannot say what it was for.

Do you know what you was committed for? - I was committed; I was sent to gaol, but I did not know what it was for.

Were you committed to gaol or not? - - I did not take the copy of my commitment out to see whether I was committed or not; I should think a magistrate would not send a man to gaol without committing him.

Answer my question? - I thought you asked me whether I was fully committed.

Who was committed at the same time with you? - Ann Cockvine was.

Was she committed by that name? - Yes, to the best of my knowledge.

Is not she known by your name? - I cannot say; Cockvine is her name; she never received or paid any money in my name.

Did you never see your commitment? - No, never.

Then I will read it to you;

"Committed

"on suspicion of entering the dwelling-house

"of Mr. Collier?" - That is more than ever I knew.

Do you come here as a free man, or in custody? - I think I am a prisoner now, here is a man that has been taking care of me.

Did you not come from gaol here? - From gaol! no: from gaol!. no.

Where did you come from here? - From a public house over the way.

Did not you come from Clerkenwell bridewell? - Yes, but not straight from prison.

Are all the goods here that you disposed of? - No, I do not think they are.

What might you give for them? - I gave twenty-three guineas and a half, and four shillings and sixpence; and three shillings and sixpence I stopped for coach hire.

That is pretty near the value I take it? - I do not know; I cannot say.

Do you purchase goods without knowing the value? - I have often done that.

Whereabouts might be the value of all these goods that you gave twenty-three pounds for? - Why, they might be worth thirty pounds.

Were they not worth ninety pounds? - No, I do not think they are worth any thing like the money.

What were they all of them worth think you? - They might be worth thirty pounds.

Do not you think they might be worth forty pounds? - I cannot tell the real value of them; no, I do not think they were indeed.

How long have you dealt in this way; you are a considerable linen draper, are not you? - No, I am no linen draper; I am a weaver by trade, and manufacture my own goods, and have sold other goods.

How many goods have you manufactured within the last month? - None at all.

How many looms may you have had at work the last year? - One.

How long did you employ that loom? - One or more, for four or five years; I have kept persons constantly working at that loom; I have been known as a person working as a weaver, only in handkerchiefs and persians.

How long have you lived in London? - I was born and bred in the place.

Has your constant residence been in London? - Yes.

Was you ever at Sudbury? - Yes.

Did you stay any time there? - About nine months.

Did you walk much about at your ease? - I went where I pleased.

Was not you confined within four walls? - No, I was in custody, but not within four walls; it was at a public house.

Were you tried upon that charge? - I do not know whether it is proper that I should give you so many answers as I do; my Lord, if you think it is proper to answer him, I will.

Court. Answer it? - I was not.

Was you in prison upon that charge? - No more than in the public house; the Mayor of the town came to the public house, and I was acquitted.

Who else was taken up at that time? - Ann Cockvine was.

What was that charge for? - I cannot recollect now; I have never any since that to my knowledge.

Then you have forgot it? - It was a false charge made me forget it..

How do you know whether it was false or not if you forgot it? - It was false or else I should not have been acquitted.

When did you forget it? - I forgot it just when you asked me the question.

Do you remember it now? - Some circumstances of it.

Let us know them? - It was something about some silver spoons, and several other things I believe.

Then now you happen to recollect that it was a charge about some silver spoons? - Yes, I think it was.

Whether you was not imprisoned upon that charge, and tried upon that charge? - No, I was not, I was only in custody for it, and that but a short time.

Ann Cockvine was the only person that was in custody with you? - Yes.

Are you a married man? - Yes.

How long is it that you and this Ann Cockvine have lived together in the same house? - About five years and a half.

How long is it altogether that you have lived in one house? - I believe it is about fourteen years.

Has your wife lived with you at the same time? - No.

You say you have never been in custody since you was at Sudbury about the charge of those silver spoons? - No.

Were you ever in custody or tried before that time? - Yes, I have.

How long before you were at Sudbury might that happen to be, how often was you in custody before? - Not five times.

Perhaps four? - I am not sure to any, it is a many years ago; I have been guilty of folly when I was young, but it is some years ago.

How long is it since you was tried at the Old Bailey? - I cannot tell, I am sure.

Will you guess within a few months or a year? - I cannot, I am sure.

What year was it you was in custody before? - I believe it was in the year 1780, or 1781.

You left town in the year 1780, I believe in June or July? - I believe it was.

That was the time the riots were? - I believe it was about that time.

Was there any charge made against you in the year 1780, relative to the riots? - No, I cannot say; such a thing might be; I do not recollect it.

Was not the charge about Justice Wilmott's office, in the year 1780? - I cannot say, it might be that, for what I know; I went into the country for work.

Has Mrs. Cockvine been with you at the several times you have been in custody?

- I cannot recollect any other time.

At no other time when you have been in custody has Mrs. Cockvine been with you? - Not as I can recollect.

You will not swear she was in custody with you at these times? - I would not wish to swear she was or she was not.

Surely you must know one way or the other, whether she was or she was not? - I cannot positively say.

What is your belief? - I cannot recollect any more than twice.

You know you have admitted yourself that there were more? - No, Sir, not to my knowledge, only at Sudbury and here.

Now, Sir, upon your oath, and I will call the very officers that brought you here to prove it, upon your oath have not you been in custody and tried at the Old Bailey? - Yes, I have been, but it is some years back.

Was Mrs. Cockvine tried with you at that time? and remember that every officer that brought you here can prove the truth of it. - No, I think she was not.

Do you only think she was not? - She never was tried with me here.

Are you positive of that? - Yes, she never was tried with me here.

Has she been in Newgate with you under confinement? - I believe she might.

Cannot you go a great way farther and say you are sure she was? - I really believe she was.

Are not you sure she was? - No, I am not sure about it, whether she was or was or was not.

Why, she has been confined with you elsewhere? - No, I do not think she was.

ANN COCKVINE sworn.

You live with Mr. Athill? - Yes.

And sometimes use his name? - Yes.

Do you know either of the prisoners? - I know them both; I know nothing of Mrs. Bell, it is the two men I know; on Friday morning, the 1st of September, Richard Stephens came to my house, I mean to Athill's, and asked if Mr. Athill was at home, I told him he was not up, he was in bed; I asked him his business, he told me he wanted to speak to him about something particular; I went up stairs into the chamber where he lay, and went to the side of the bed, and Richard Stephens followed me up to the bed, he was asleep and I waked him; he said, Richard how do you do; Stephens said to him, will you buy any swagg; he asked him what it was; he said it was some printed cotton, corded dimity, pieces of Irish, and some pocket handkerchiefs; Athill asked Stephens where it was, he told him it did not matter where it was, but to meet him at night at Mr. Langdale's at the Horse and Cart; accordingly Mr. Athill went out in the afternoon, and he told me not to go out, for he was going to meet Stephens to look at the things before-mentioned; the same evening he came about nine or ten, and he brought home a large black bag, it was similar to this, but whether this is it I cannot say, he told me Harry Fossett was in the coach at the corner of the lane, when Fossett came out he took another bag and brought it out of the coach with him, he carried it to Mr. Athill's house, then he stopped a bit in the kitchen; Mr. Athill went up in the chamber and I followed him up; Mr. Athill paid the coachman three shillings, and he made rather a dispute, and he gave him another sixpence, then he did not seem satisfied, and I gave him twopence; there were two coachmen at the coach; when I went home I found Harry Fossett sitting in the kitchen with the bag close by him; Athill went up in the chamber, I followed him up and Harry Fossett , and he paid him twenty-three guineas and a half and some silver for these goods, then Harry Fossett reckoned the money up, and there was something of a deficiency; Athill said there is the money I have stopped for the coach, but if you make any dispute I will satisfy you when I meet you again; Fossett seemed very well contented and was going away, and as he got to the stairs he pulled out one pistol, and said, shall I leave

these things with you; no, says he, there is no need for it, I do not want them; it seemed to be a pretty large pistol, it was similar to this, but I cannot say it is the same, he took the pistol away; after Fossett went away I went to Mrs. Aldred's, and told her what things I had to dispose of, I asked her to come and look at them, accordingly she did; she bought some pieces of Irish that night, she said it did not suit her to take any prints that night, she took the Irish away that night, and took some away with her the next day, or on Monday, I cannot be sure which; she bought the pocket handkerchiefs, I do not recollect how much she paid for all she bought; she did not buy the whole at that time, she bought the whole within a trifle, I have a part of the cotton here, which is the same as Mrs. Aldred bought.

Prosecutor. There is a piece of cotton in the bag of the same sort, and this piece of cloth I kept myself.

How long have you lived with Mr. Athill? - Between fourteen and fifteen years.

Sometimes in trouble and sometimes out of trouble? - I do not know as to that.

But have you or have you not? - Yes.

Mr. Knowlys. Mrs. Athill, you and Mr. Athill have had some dealings about these goods; was not Mr. Athill at Sudbury? - Yes.

Was not there an aukward accident happened there? - Not to my knowledge, I was with him part of the time.

Was he taken up? - I really do not know, I cannot remember, it is a long while back.

If you had been with him at the time you must have remembered it. - It is very possible, I do not know whether I ought to answer it.

Was you taken up with Mr. Athill or not? - I was taken up with him.

Why did you tell me just now that you did not recollect it? - Because I did not know whether I should answer it or not.

Have you ever been in custody with Athill in Newgate or not? - Yes, I have.

When was that? - A great while ago, not lately.

Where was it you was tried for stealing silk yourself? - I was tried here for it.

Were you tried with Athill or alone? - By myself.

Was you discharged directly after the trial? - Yes, Sir, they could not bring it against me, though it was alledged to me, and I was discharged of it.

What was the charge you was taken up for at Sudbury? - I cannot tell particularly, it was for some little trifling articles, I am sure I cannot tell what now.

Was you tried for that? - Yes, Sir, I was.

Athill was tried with you? - No, he was not, I was tried alone, I was set at liberty.

How soon after being tried at Sudbury. - Immediately.

Were you tried at Sudbury or at Bury? - At Bury.

You and Mr. Athill were taken up for the burglary at Mr. Collier's house? - No, Sir, I do not know what I was committed for, I know they took me out of my own house and committed me to prison.

Were you fully committed? - No, never to my knowledge.

How many times were you under examination at Mr. Wilmot's office? - Twice I believe.

Were you not fully committed the second time? - No, not to my knowledge.

WILLIAM RUSSEL sworn.

I am a coachman; I know Burges very well, he drove for a man in Kent-street; I cannot particularly recollect the time, I was looking after a coach in Aldersgate-street, and I was fetched by two men to take up in the corner by the Ivyhouse in Goswell-street, he ordered me to turn about, then came two men with two bags, and put them into the coach, one got into the coach, and ordered me to drive to Brown's-lane, Spitalfields, when I got there I told them I hoped they would give me something more than my fare, because I thought it was smuggled goods; they gave

me three shillings and sixpence, and two-pence for a pint of beer; one man took one bag out, and the other the other; I do not know where they went to.

Do you recollect after the first had carried away the bag, seeing any body else? - Only his wife came and paid me three shillings and sixpence, and two-pence for a pint of beer.

Should you know any of the people that you saw at that time? - No, I should not indeed; it was Burgess's coach, he rode behind.

JOHN BURGESS sworn.

I am a hackney coachman; I drive No. 292; I remember on the 1st of September, at nine at night, being employed to carry some goods, it was the first coach in Aldersgate-street, near Long-lane, I took up near the Ivy house in Goswell-street, a man came for me, and two men came out with two large bags; they presented the goods to the coach, I refused taking them in, because I thought they were smuggled goods; they told me to make myself very easy and happy, they were not smuggled goods; they gave the bags to me, and I put them into the coach; the two men got into the coach, and ordered me to drive to Brown's-lane, Spital-fields; the young man Russel drove, I rode behind; then I got from behind, and let the gentlemen out, and then took the bags; I saw a woman standing by the coach side.

Did any thing pass between you and the woman, or between Russel and the woman? - Nothing that I know of; the woman paid me, she paid me three shillings, or three shillings and sixpence, I canno t say which, and she gave me two-pence for a pint of beer.

Should you know either of these people again? - No, I cannot say I should; I cannot say what bags they were.

Prisoner Fossett. I leave it all to my counsel; I know nothing of the matter.

Prisoner Stephens. I leave it all to my counsel; I know nothing of it.

PRISONER BELL'S DEFENCE.

I never had any such thing in my place; I bought it of a shop, and gave it to the maid; I never wronged man, woman, or child since I was born, nor never did amiss thing in my life.

(The linen that was found in the prisoner Bell's lodgings shown to Mr. Collier.)

Prosecutor. I firmly believe it to be mine; I lost a great quantity of such.

Court to Athill. Describe me the place which the man carried you to at the back of Brick-lane. - It was by a public house, up a very narrow passage; I think it is the sign of the Three Jolly Weavers; there is a little narrow passage turns down; it was a one pair of stairs, the stairs was facing the door almost as you go in.

Do you know whose room that was? - I know no further than what I heard Mrs. Bell say when she was in Clerkenwell, she said it was her things, but she knew nothing of the things being there.

Court to Shakeshaft. What room was it where you found Bell? - It is the sign of the Three Jolly Weavers, and the place is called Ratcliffe-lair; we went there to search for Thomas Taylor , who is supposed to live in the same apartment with Bell; as soon as Athill came to this place, says he, this is the place where I went to buy the goods, and he took us down then to Mrs. Bell.

Where was Fossett's lodgings? - In Grub-street, we took him out of bed in the morning.

HENRY FOSSETT , RICHARD STEPHENS ,

GUILTY , Death .

ANN BELL , NOT GUILTY .

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

Reference Number: t17861025-19

779. GARRET WOOLLEY was indicted for feloniously stealing, on the 6th day of October last, fifty pounds

weight of lead, value 10 s. belonging to William Thomas Leslie , then and there fixed to a certain house of his, against the statute .

A second count, Charging him with stealing the said lead, affixed to a building of the said Thomas.

WILLIAM THOMAS LESLIE sworn.

I have a house in St. James's, Clerkenwell , not yet finished, or inhabited; on the 7th of October, I had information that some lead was missing; I went to the house, and the top of the house appeared to have been newly cut; the house had been intirely covered with lead a day or two before, and I had been in the house, and all was safe; then we went to the office, and saw the prisoner and the witnesses.

SAMUEL COX sworn.

I am one of the horse patrol on the New Road; I was on horseback that evening between eight and nine; I saw the prisoner near the Reservoir about six o'clock with some lead on his shoulders; I met him between the Angel at Islington, and Penton-street; I asked him what he had got; he said he had wood, and that he had found it; I carried the man to the Angel at Islington, and I have kept the lead ever since; in the Saturday morning, when we came to the Rotation, I told the workman if he cut off a piece, where this came from, if it was the same it must match; as such he brought a piece which matches with this piece; it is like indenture; they do not cut it strait.

Did it appear newly cut? - I did not examine it more than I do now, but at the Rotation office I examined it, and it appeared to be lead that had been newly cut; we only opened it at one end to match it to the piece that we had got.

Did you go to the building to match it? - No, the man's name is White; he is here; the piece that White brought to me matched with the lead. When I first saw the man with lead, he might be about two hundred yards from the building; I searched him, and found a knife upon him.

(The knife produced.)

JOSEPH WHITE sworn.

I am a journeyman carpenter; I work for Mr. Leslie, at Winchester-place; the house is not finished. On the 7th of October I went to work; our tools lay up at the top of the house; and when we came up, we found the rain had beat in, and the roof had been stripped of the lead; there were about eight or nine feet in length missing; one piece lays over the other, not joined; I was out on the roof, on the Friday, and saw it all safe; on the Saturday morning, Cox the patrol came to enquire if any lead had been lost; then we examined the house, and found some missing, and we went down to the Angel, and there was the lead; the patrol shewed me the lead, and to prove it, I cut off a piece from the roof, and found it matched with this lead.

PRISONER's DEFENCE.

I was coming along the road, it rained very hard; I saw something standing against the pails, and I took it up; the watchman saw me come by, but I had nothing in my hands then.

Court. How came you to say it was wood? - I did not know what there was in it.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-20

780. THOMAS OATES , RICHARD THYNN , and ROBERT WALMSLEY were severally charged on the coroner's inquisition, for that they, in and upon Mary Oliver , being in the peace of God, and our lord the King, and being afflicted with extreme sickness, and weakness of body, did make an assault, and then well knowing her to be afflicted with extreme sickness, and weakness of

body, in a certain stable belonging to Richard Shepcot , with their hands, a large quantity of cold water, being in four wooden buckets, to, at and upon the said Mary, did cast and throw, and into the stable-yard, and into the open street, there did then remove, force, and drive; and with their hands, certain large quantities of filth and dirt, then and there being, to, at and upon the said Mary Oliver , did cast and throw, well knowing her to be afflicted as aforesaid; and that by means of the said water, filth and dirt being so cast and thrown to, at and upon her the said Mary Oliver , and by being so forced, and driven out as aforesaid, she the said Mary Oliver , then and there became, and was mortally sick and diseased, of which mortal sickness and disease, from the 27th to the 28th of September, she the said Mary Oliver did languish, and languishing did live, on which said 28th of September, of the mortal sickness and disease aforesaid she did die; and that they, her they said Mary Oliver , in manner and by the means aforesaid, did kill and slay .

(The witnesses examined apart.)

(The case opened by Mr. Garrow.)

MARY BURROWS sworn.

You are an unfortunate girl I understand? - Yes, I came from Gloucestershire; I knew this poor girl that died at Hounslow ; I knew her a great while, but I never was in her company before the Monday before her death; I met with her at the cook's shop at Hounslow; we lay there on the Tuesday in an out-shed, adjoining to the Red Lyon at Hounslow.

Where was you on the Monday night? - We lay there on Monday night, and all day on Tuesday till Tuesday night.

Had you any victuals? - We had no victuals at all, except three halfpenny rolls, that we had on the Tuesday evening; we went to Mr. Shepcott's hay-loft, that is at the George at Hounslow, about nine at night; this poor woman was very ill, she had a violent cough, and was very ill otherwise; we lay there all that night; we had nobody to interrupt us that night; nothing happened in the morning; we continued there till between three and four in the afternoon; we had no victuals at all during that day; then the soldier Thomas Oates came up, and lay down in the hay; he came and asked us how we were; she begged of him not to meddle or make with her, for she was so ill, she could not hear to be talked to; he did nothing to us then, we lay in the hay, not till afterwards; then he went and got the water; he was not there the space of three minutes; then he went down and said to his comrades, there are two whores up in the hay lost, let us go and wash them down; then Walmsley and Thynn fetched four buckets of water, and handed it up to Oates; he first began sprinkling us with his hand over us both; I begged of him not to sling the water upon us, but let us go away dry and comfortable; and Richard Thynn called to him not to stand sprinkling with his hand, but to throw it over; he threw it, till he threw all the four buckets over us; then we got down out of the loft.

Who had the most of this water? - I had the most of it; I begged for the most; I desired him to sling the most upon me, as she was so ill.

How much water might she get? - What things she had were very thin indeed; she had but a trifle of the water; when we got down out of the lost, the same men began throwing dung at us; we were going to make our escape to get somewhere to dry ourselves.

What did they throw at you? - The stuff out of the streets, out of the gutters, out of the yard; I made my escape, I was but just touched, except the clear water; Oliver had it very much indeed, she could not make her escape, she was so ill; then we went and made a fire, and dried our things a little, in one of the little narrow lanes; her nose bled as much as a pint; after we came to sit down by the fire, and she came to sit still, she complained of her

breath very much after the water was thrown upon her; when we had dried ourselves a little, we went and sleeped upon the ricks; she got in at the bottom, where no wet could come; I lay till between one and two the next morning, then I moved; she spoke very frank to me indeed, and said her breath was something better, and in the morning she was found dead; the under hostler came and awaked me, and I found her dead; I know nothing more than this of my own knowledge.

What time in the morning was it you was awaked? - Between five and six I had shifted away on the other side of the ricks, but we were both in the same ricks.

Mr. Graham, Prisoner's Counsel. I think it was on the Tuesday that you slept in this hay-loft? - Yes, nobody slept but we; but there was a travelling man slept in the loft.

Was there only one man? - There were two men, one was a stranger, and the other belonged to Hounslow.

Did not he sleep with you? - No, Sir, he did not.

Nor the night before? - No, the prisoners came to give drink and feed their horses; they were the yoke buckets; they belong to the regiment.

After this little water that you say was thrown on this poor woman, you went to make a fire to dry yourselves? - Yes.

How long did you stay by the fire? - Till between eight and nine.

What day of the month was it? - I cannot say.

What month was it in? - I cannot recollect; I am no scholar.

You made a pretty good fire? - Yes.

You dried yourselves well? - Yes, dried her; she was perfectly dry by nine o'clock; the hay-rick was very nigh the stables; we crept in between the ricks, there we slept; it had been a very wet night; the rain did not come between the two hay-ricks; but when she found she grew worse, she got out, and lay at a distance from the ricks.

What time of night was that? - I do not know; I left her between one and two on the next morning; I was very wet and lay at the same end as she did; but there was not room enough for us both; the wet did not come in upon her, but it came in upon me, and I went to look for a better place; she kept in that place till she found herself worse; I do not know what time she got out; I found her laying under the rick, under the place where I left her; the water must come upon her.

How long had you been in that situation before the morning? - I cannot tell, we found her in the wet after she was dead, and the place she was dead in, was quite exposed to the weather.

I understood you to say, you had nothing for two or three days except those three rolls? - No, Sir.

Had you no drink? - We had none but what was brought up to us; Adams brought us some water, and this man brought us some water.

Was not Adams there the whole time of this story that you tell us? - No, Sir, he was not; we desired Oates in the morning to bring us some water, and he did; we told him we were dry.

Did not the prisoner Oates when he came up complain that you had littered the hay about? - He said nothing to me about it.

Did not he tell you by laying there you spoiled the hay for the horses? - No, he did not; we had no ill words not difference; when they pelted us going out, we said nothing at all to them; then we went quietly away.

Court. How long had you been laying about there? - I came from Windsor.

Do you know how long the other woman had been laying about there? - She had been a long time in Windsor.

Had she the bad distemper? - No, she had not.

Had you? - No, Sir; nor they did not offer to meddle or make with us at all.

Had you been with these soldiers? - No, Sir, nor I had not been in their company to be misused before.

JOHN FORD sworn.

I am saddle-horse keeper to Mr. Shipcot; I never saw the woman with the soldiers in my life; I saw nothing about water or any thing of the kind; I was in the stable; I heard a noise of laughing and hallooing among the soldiers; I thought they had been at play; they did so sometimes; when I came down, I saw the deceased and another girl walking in the yard and I saw Thynn take up a bone, or something of that kind, and ran round the stable towards the deceased; but whether he hit her or not I cannot say; but he came back without the bone; when he came back, he said to Oates, d - n her, I have jobbed her well; they seemed to be in a very dirty condition, as if they had had water and flush thrown over them; I said to Oates and Thynn, if I had been there, they should not have had the water thrown over them; they said, how could you help yourself; I said, you should have thrown it over me; but because I took the part of the woman, he said, he would be d - d if he would not bring her back, and put her in the slush hole, and he would if ever he found her in the hay-lost any more; the women were in the yard at the time; they went away; I saw no more; the yard is a thoroughfare.

Mr. Graham. Had you any quarrel with any of these men before? - No.

WILLIAM CURTIS sworn.

I live at Mr. Shipcot's; I am a chaise washer; on Wednesday morning, I was going in our yard, and I heard somebody talk up in the lost; I went up and I saw two women and two soldiers; I came down again, between three and four in the afternoon; the soldiers went to the stables, and I saw the prisoners carry water between three and four, up into the stable, and they threw it over the women, for what I saw; for I saw the women come out in less than a quarter of an hour, very wet.

Court. Both of them very wet? - Both of them very wet; they came through our hog yard, and the prisoners threw a parcel of dung and muck at the girls; the prisoners horses were quartered at our house; the women went out of the yard; they were very wet and dirty.

Did you observe any thing else? - Yes; just as I had got out of the yard, Oates took a handful of dung and muck out of a gulley, and threw it against Oliver, the side of her face, and one of the prisoners followed her, and said, he had well jobbed her; I saw no more; the next morning I was called as I was going in our yard, between seven and eight; says they here is somebody wants you up here; so I went up into our rick yard, and this poor girl lay dead; the other girl, Barrows, was on the other side of the rick; I did not see her then, the other people saw her; I suppose she might lay with her head, three or four feet from the rick, with her feet towards the rick, and her head out from it; she was laying dead on her left side.

Mr. Graham. She was quite exposed to the weather? - Quite; not at all covered with the rick.

What sort of a night had it been? - A very misling night; it rained in the morning when I waked; I know nothing about the wind; I did not hear at all what they said together, or what the women said; I heard no words; the deceased girl went out very quietly, because she could hardly walk; I saw three or four pails; they were carried; they were put into the lost; the horses were quartered at our house; this was about the time of feeding them; the men used to feed them; they got the hay out of the lost; the two men were standing up; the women were laying down; the hay was laid all spread about, and they were laying higgledy piggledy on this hay.

Court. Do they water in the stable or fetch their horses out to water? - They water in the stable; it was watering time.

Then this water was got for the purpose of watering the horses, though they put it to another purpose? - I do not know what they got it for.

Were the other soldiers watering their horses? - They were all watering together,

some in one stable, and some in another.

- DEGGE sworn.

I am a surgeon at Isleworth; I examined the body of this unfortunate woman after her death; my observations were, that this woman was loaded with diseases, venereal, billious, flux, and an ill state of her lungs.

Was the venereal disease in a considerable degree? - Her lungs were ulcerated and decayed.

Was there any external marks of violence in any part of her body? - No.

Mr. Graham. No bruises of any kind? - None to be seen; I examined her the next day.

Did you examine the state of her bowels? - Yes, I examined them particularly; I found it was the chief disease of which she died.

Court. Can you determine the time in which this woman would have died, if the water that had been thrown over her had aggravated her disorder; can you take upon you to say, in what time the death would have happened? - Yes, I think I can; for if this woman had died soon after this water was thrown over her, the death would have been by throwing water upon her; but she laid six or seven hours after.

Do you think that that hastened her death? - Not in the least, it could not hasten her death.

Have you always been of this opinion? - Exactly, always of the same opinion.

You was examined before the Coroner? - I was so.

Was you of opinion that this venereal taint was an old one or a very recent one? - An old one.

Then it did not occasion her death? - It did not.

Could you tell whether the billious complaint was of long standing? - I could see very plainly that the billious complaint was of long standing, and that there was very plain appearances of a mortification.

Might not these symptoms have been matured, and increased by this treatment? - They would if she had died soon after, but as she lived they could not; there is a great difference between one and two hours, and six or seven hours.

If she had died two hours earlier, should you have thought that was the cause of her death? - I expected her to die in a quarter of an hour, or half an hour.

Do you mean to state at a professional man, that that would have been the case; would it not depend on the degree of sickness or weakness? - It would not; if a person receives an injury by water, certainly he should die soon after.

Mr. Garrow. Did it ever happen to you to be exposed to a hard shower of rain? - Yes, Sir.

Wet through? - Yes.

You did not die in an hour after? - No.

Did all your patients under venereal complaints die in half an hour when they were wet through? - I certainly will make some allowance, if a sick person of that kind should be taken care of, and receive proper nourishment, and should die, then I would alledge it to be entirely owing to the wet.

Suppose she should get her clothes thoroughly dry again, what should you think of it then, might not that delay the death a little? - My observation is this, that if a sick person gets wet, and this wet hastens his death, he probably will feel the effects of this wet in half an hour or an hour.

JOHN CROUCH sworn.

I am a surgeon at Isleworth, I inspected this body, there was no appearance of injury internal or external on the head, or any part of the body.

You opened the head? - Yes.

Did you find the brain inflamed or otherwise? - Not at all, it was in a perfect state, opened the body, the liver was in a sound state, the gall bladder rather more extended than common, the lungs in a very disased state and knotty, the stomach and the whole of the intestines perfectly empty, the extremity of the rectum a good

deal inflamed for two or three or perhaps four inches.

What did you take that to have proceeded from? - From a billious flux.

Could you judge whether that flux had been of a long continuance? - I should judge so, I cannot say whether days or hours; she had the appearance of an old venereal complaint.

If a woman in that situation should have a quantity of cold water poured upon her, and then be exposed to the weather in inclement weather, do you think that would have increased the symptoms and have hastened her death? - It might.

Did you see any thing that would have induced you to expect the death so soon. - She might not have survived so long.

Might she have survived two or three days? - It is hard to say.

Mr. Graham. Suppose such a person was to lay out all night exposed to the weather, would that occasion her death? - It might.

Court. Did it? - I should rather ascribe it to being exposed to the inclemency of the weather; there were all the symptoms of an old grievance and gradual decay, that could not be the effect of having water an hour or two before.

Court. You mean to say that there were appearances that might have accelerated her death? - Yes.

Mr. Graham. I see all the officers of the regiment here, I will only call one, Colonel Dundass .

COLONEL DUNDASS sworn.

I am Colonel to the regiment to which the prisoners belong; I have known the prisoner Thyn for about four years, two years and a half or nearly the other two; they have been all the while in my regiment; two of them are married, I believe it is Oates and Wamsley.

In general terms during the time you have known them what has been their character? - Three of the best men in the regiment since I have known them; since they have been in my command I never knew them in a fault, nor in any scrape; I came here to day attended by every officer of the regiment that are off duty, on purpose to give every testimony in their favour; they are men in whom I have placed great confidence, and I believe them perfectly incapable of doing any such thing.

Court. The Jury will be as well satisfied with the declaration of Colonel Dundass , as they will by all the officers.

ALL THREE NOT GUILTY .

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

Reference Number: t17861025-21

781. WILLIAM SHERBERD , LUCY SHERBERD , THOMAS RANSOM , and ELIZABETH RANSOM were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Kidd , about the hour of twelve in the night, on the 5th day of June , and burglariously stealing therein, a feather-bed, value 20 s. two bolsters, value 6 s. two pillows, value 2 s. three pair of sheets, value 21 s. two blankets, value 2 s. a rug, value 3 s. a counterpane, value 12 s. thirty linen clouts, value 3 s. two linen petticoats, value 2 s. one marseilles petticoat, value 5 s. one silk gown, value 20 s. three cotton gowns, value 36 s. two bed gowns, value 2 s. a four aprons, value 4 s. two shifts, value 4 s. two pair of stuff slippers, value 2 s. a pair of leather shoes, value 3 s. a pair of silver shoe buckles, value 6 s. three pair of cotton stockings, value 3 s. two pair of worsted stockings, value 4 s. two pair of silk and worsted ditto, value 4 s. seven linen shirts, value 7 s. a pair of nankeen breeches, value 2 s. a looking glass, value 16 s. a pair of fustian breeches, value 2 s. a silk waistcoat, value 2 s. a cloth coat, value 10 s. two handkerchiefs, value 2 s. fourteen pounds weight of soap, value 5 s. two napkins, value 2 s. a table cloth, value 1 s. two felt hats, value 12 s. and a leather pocket book, value 1 s. his property, in the said dwelling house .

A second count, For breaking the said house, on the said 5th of June, about ten in the forenoon, no person being therein, and stealing the goods before mentioned.

(The witnesses examined apart.)

MARY KIDD sworn.

I am wife of Thomas Kidd ; I live at No. 82, Brook-street, Ratcliff ; I left my house on the 4th of June, on Sunday night, about seven o'clock; I left nobody in it; I secured the doors and windows, and every place myself; I went on board ship with my husband; I returned on Tuesday following; the outside door was fast, and I could not get the key in; I lifted up the latch, and found the door was on the latch; there was a half hatch on the door; I bolted it when I went out on the inside, about half way on the hatch; the bolt was bursted off and lay on the middle of the floor; there was no other fastening to the hatch; the first thing I missed was a looking glass; I

found my house had been rifled of a great many things; all the chairs were placed round the fire place, and the kettle on the fire; there was the appearance of people having been there; I do not know any thing against the prisoners; I once saw the prisoner Sherberd calling a coach to carry some prisoners to gaol.

Mr. Peat, Prisoner's Counsel. Had any person a key to the house besides yourself? - No.

HANNAH WELCH sworn.

Mr. and Mrs. Kidd were on shore on Sunday afternoon, about seven o'clock in the evening; they went on board again; I live in Glasshouse-fields, I do not live in this house; on Tuesday morning she came on shore for some clean things, and she came to our house, and said her house was broke open, and I went home with her directly, and the first thing we saw was a tinder box on the dresser, and the candle almost burnt out, and round the fire place all the chairs were set; we turned round and missed the looking glass; as we were going up stairs she picked up a handkerchief and petticoat; I went up into the room, and there were two drawers laying, and one of them the bottom was knocked out; and we turned round and the bed and bed clothes were gone; the house was rifled; on the Saturday afternoon afterwards we went to Bow fair, me and Mr. Kidd, and Mrs. Kidd, and there we saw the prisoner Mrs. Sherberd with a gown and petticoat on, which Mrs. Kidd claimed; we went round the fair; we did not speak to her; the next day Mrs. Kidd and me went to place called Spice island, and there we found one of her husband's shirts, all tore up in a tub of water, and part of an apron; that was at Mr. Ransom's house; and the next morning they were brought before the Justice; I saw a few keys in Mr. Fletcher's hands; I know nothing about them.

Were these keys tried? - No.

Mr. Peatt. Did Mrs. Kidd go near to Mrs. Sherberd? - No, Sir; we were at some distance from her.

Court. How near? - We were not very close.

Was you within one, two, or ten yards? - Oh, yes, we passed close to them, and looked at them a good bit.

THOMAS DOBSON sworn.

I am a pawnbroker, in Butcher Row, Whitechapel; on the 11th of June, one John Orange came to my house with Mary Kidd and her husband; I was not at home, and asked for several things, which I shall now produce. (Produced) I had two cotton gowns, a Marseilles petticoat, one man's coat, one dozen and a half of clouts, one pair of stockings; that is all.

How came you by these things? - On the 6th of June, Elizabeth Ransom brought one cotton gown, which she pledged with me for two shillings and nine-pence; this is it; on the 8th of June, she brought the dozen and a half of clouts; on the 9th she brought one pair of stockings; on the 10th of June, she brought me the man's coat, the Marseilles petticoat, and on the same day, Elizabeth Sherberd 's sister brought me a gown, which when she used to use my shop, by sending of her parents, she always used my shop in the name of Bennett, but when she brought this gown, she asked me twelve shillings upon it; I said, I could not afford to lend no more than eight shillings; she returned in twenty minutes to take eight shillings, and desired a duplicate, in the name of Elizabeth Smith .

(Deposed to by Mrs. Kidd.)

Mrs. Kidd. The flounced coat belonging to one of the gowns was left; the gowns are both mine; the prisoner Sherberd had the cotton gown on a Bow fair; the coat is my husband's, the clouts are my own work, made out of old things; I can swear to the piece of canvas that they are pinned up in; I know nothing of the prisoner; the gown that I saw at Bow fair was flou..d down with a gore, and it has been altered;; at Spice island I enquired

after them, and I found where they lived; I remember it was the prisoner I saw calling a coach; I went to search their house, at young Brocks's in Spice island; Mrs. Fletcher had the keys; they would not let me have them to try them; there I found some strips of shirts; young Brocks informed us where the prisoner Ransom lodged; Sherberd lodged in his house; in Brocks's house, I found this piece of my gown, which had been cut off; they were found in the lower fore room; this piece would match; here are one of the sleeves of a shirt which is stained by the sugars; here are two more sleeves, and the hind and fore part of a shirt, and the collar and waistbands tore away; they were admitted to bail before the Magistrate.

Is not it a very common pattern? - Yes; I never saw the woman prisoner before, but walking up and down; I was positive to the women when I saw them.

Do you know that piece of canvas from any thing but its general appearance? - No, but I am sure it is mine.

Court. When you went out, where did you leave your tinder box? - On the middle of the dresser, the flint and steel were laying on the dresser and the matches on the ground, and the andle very near burnt out.

Then there was the appearance of its being used in your absence? - Yes.

JOHN ORANGE sworn.

On Sunday the 11th of June, Mr. Kidd and Thomas Cole , John Fletcher and me in company together, went to the apartments of Sherberd, in Ratcliffe parish, at one Brocks's house; we knocked at the door, and finding nobody answer we broke it open; we found nobody there; in the afternoon Thomas Cole , I, and Brocks, went to Ransom's apartments, and found nobody at home; there we got into the back window; in searching his apartment, we found a chissel, a center-bit, and file in the back room; it is a little hut with two low rooms; we retired from there to a public house opposite, the Green Man; there I was informed where these things were in pawn, accordingly I went to Mr. Dobson's in Bakers-row, and he was out; I went again on the Monday morning with Mr. Kidd.

WILLIAM SPRAGG sworn.

I live at Ratcliffe cross: on the 6th of June, Mr. Sherberd brought me a pair of nankeen breeches to alter them, to take them in; he took them away from me altered; then the other man prisoner came in, and told me he had a job to do; he took a handkerchief and untied it, and produced this coat which is here; he said a woman had it to alter before; and I altered it, and on the 8th of June he fetched it away from me; I never saw the nankeen breeches before.

Mrs. Kidd. Here is the half handkerchief which was taken off Mrs. Ransom's neck; I know this by the border.

Do you know it only by the border? - No, but it is cut in half, and it was put round her neck, and never hemmed; as soon as I said this is my handkerchief, she gave it to me, and gave me a shove, and said take it, I had it with the rest of the things; then I looked at her, and she had one of my shifts on, and a pair of cotton stockings on; I said I ought to have them, and Mr. Fletcher made answer, would you strip her here; I knew the shift, it had a very little bosom, and when I lay in, I had it cut bigger, and afterwards I sewed it with coarse groat thread; I have the fellow to the stockings on at that time.

But you know there are a thousand dozens made that are all fellows; was there any work upon them? - I did not examine them.

THOMAS COLE sworn.

The Sunday after Whitsunday, we had information to go into a house; and we went to the house of Sherberd, where we were told he lived, nobody was at home; we searched his apartments and found nothing; in the afternoon I heard where Ransom lived; me and Mr. Orange went

there; we got in at the window, and looked over the house, and found a parcel of things laying about; I found some things in a washing-tub; I sent for the prosecutor and his wife, and they came; she looked out what she thought she knew; she said there were some things there she could swear to; she wrung them out of the dirty water, and took them; on the evening of the same day, we took Mrs. Ransom into custody, we brought her to the watch-house; Mrs. Kidd then came, and swore to those things that she took of the tub; a considerable time after we had information of the two men, we took them at Haggerston gardens, in Sherberd's house, as he said, little huts.

JOHN FLETCHER sworn.

I heard of this robbery, and at Bow-fair I saw Mrs. Kidd; she told me she had seen the people that had robbed her, with the clothes on their back; I believe they had got a hint, and was gone away; I found out on the Sunday morning where one of the parties lived; I knew him very well before; I broke open the door, and went in and searched the place, and found a piece of a gown, which Mrs. Kidd said was cut off her gown; it had been cut shorter; Mr. Brook the landlord told me Sherbred lodged there; in the evening I went to Spice Island, where I found Mrs. Ransom; two of our people had been there before me; on Saturday week receiving information where Ransom and Sherberd were, we went to a little house in Haggerston's gardens; there were Ransom and Sherberd together; Sherberd said it was his apartment; we searched it every where, and in the window I found this centre bit; they had been at breakfast; they were going to remove, they were packing up their things; I afterwards went to the apartment where Ransom said he lived, and I found nothing there; I verily and sincerely believe Sherberd lived at Brook's; Brooks came before the Magistrate, and said Sherberd lodged there, but Sherberd was not present; I found no keys particular; I saw two or three small keys, they were not picklock keys, and I left them behind; I found them at Sherberd's.

They say they were a large bunch of keys? - No, they were not.

Were not they before the Justice? - Never.

Are you sure of that? - Positively, I should have apprehended they were very material, if I found any such thing in their apartment.

JOHN TANN sworn.

I apprehended the woman, as a woman of loose character.

Did you know where Sherberd lodged? - Yes, in Whitechapel, at his father's house, a good while.

Do you know Brook? - No, I never saw him before yesterday and to day.

Mr. Peatt to Mrs. Kidd. You suppose most of the things that lay there to be your's, and your husband's? - Yes.

You expect to have them home with you, do you not? - I should with it.

You would be very loth to go home without them, would you not? - Yes.

Court. Among the things that you lost, was there a pair of nankeen breeches? - Yes.

Is your husband a larger sized, or a smaller sized man than Sherberd? - He is much about the same lustiness; but the breeches were a great deal too big for my husband.

PRISONER SHERBERD'S DEFENCE.

I know nothing of it.

What is your way of life? - A shoemaker.

PRISONER LUCY SHERBERD 'S DEFENCE.

I leave it to my counsel.

(The prisoner Lucy Sherberd called two witnesses, who gave her a good character.)

PRISONER RANSOM'S DEFENCE.

Since trade has been so dead, I have dealt in Rosemary-lane, in buying and

selling old clothes; and I have sufficient witnesses that I do deal there.

PRISONER ELIZABETH RANSOM 'S DEFENCE.

I leave it to my counsel.

Court to Ransom and Sherberd. How come you to leave your lodgings? - Because trade was so dead.

(The prisoner Ransom and his wife called three witnesses, who gave them a good character.)

Prisoner Ransom. Mr. Fletcher has seen my wife buying and selling clothes in the fair.

Mr. Fletcher. I would rather not be called on for character; I cannot say I have, and if I was to be called on for character, I should say something that might not be proper.

WILLIAM SHERBERD , GUILTY , Death .

LUCY SHERBERD , NOT GUILTY .

THOMAS RANSOM , GUILTY , Death .

ELIZABETH RANSOM , NOT GUILTY .

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

Reference Number: t17861025-22

782. The said LUCY SHERBERD and ELIZABETH RANSOM were charged on another indictment for the same offence .

There being no evidence, they were BOTH ACQUITTED .

Reference Number: t17861025-23

783. JOSEPH JAMES was indicted for stealing, on the 4th day of October , three quarters of a pound weight of Spanish wool, value 2 s. the property of persons unknown.

- AFFLECK sworn.

I am a labourer, and watchman to the East-India Company; I saw the prisoner pull out some Spanish wool out of a bale on the quay, and I delivered him to Fowler, a watchman; Butler took the wool from the prisoner in my presence; I never lost sight of him.

LUKE FOWLER sworn.

I am a watchman to the Custom-house; the last witness brought the prisoner to me; I delivered him to Mr. Butler, the constable, and I saw him take the property from him.

JOHN AYLESBURY sworn.

I am a porter; I landed a parcel of Spanish bags; they were not entered; their property is unknown; I saw Butler take this wool from under the prisoner's shirt.

JOHN BUTLER sworn.

I took charge of the prisoner, and this Spanish wool, which I found inside of the prisoner's bosom under his shirt; I have had it ever since.

PRISONER's DEFENCE.

I saw this wool lay, and I picked it up.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17861025-24

784. MICHAEL QUIN was indicted for feloniously stealing, on the 5th day of October , two men's hats, value 12 s. the property of Joseph Norville .

Mrs. NORVILLE sworn.

I live at No. 40, Cornhill ; I believe on the 5th of October, on a Wednesday, I lost two men's hats; I was in a back shop; the door was open, and I saw the back of the prisoner going out; Lawley came in, and I asked him after him; he brought him back, and the hats; they were brought in without any paper, which distinguished them from the others; I gave them to Mr. Norville.

SAMUEL ROWLEY sworn.

I saw the prisoner in the shop with the hats in his hand; he walked past me; I

thought he had bought them till Mrs. Norville called to me to stop the boy, which I did, I took the hats from him and left them on the counter; there were several parcels of hats on the counter.

JOHN JACKSON sworn.

I live opposite Mr. Norville's; I saw the prisoner come out of the shop with the hats; I saw Mr. Norville's man take him; I only saw a parcel of hats.

JOHN CROUCH sworn.

I am a constable; I took charge of the prisoner and these two hats, they were on the counter, the prosecutor declared them to be his property, I have had them ever since. (Deposed to by the Prosecutor, marked 6 M. O. A.)

Court. Had you at that time any borrowed hats that were not your own? - No.

PRISONER's DEFENCE.

I was coming up Cornhill, and a boy was with me, and I saw the two hats laying on the fill of the door, and I went to shew them to the other boy, and they came and called me: I have no friends.

GUILTY .

To be transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17861025-25

785. MARY LONG was indicted for feloniously assaulting Ann, the wife of Henry Trunkett , on the King's highway, on the 30th of September last, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, a gold locket, value 20 s. his property .

ANN TRUNKETT sworn.

I am wife of Henry Trunkett ; on the 30th of September, I had been out to Covent-Garden market, and was returning into Bloomsbury, between eight and nine, where I live, two girls passed me and returned into the middle of the street, and the tallest of the girls struck at me, I was on the foot-path, the tallest of the two attempted to strike me, I shrunk back, I received a blow on my nose and the side of my face; she struck me again, and I received a blow on my neck near my throat, with her hand, with her fist; at the same time, the same person that struck me tore my locket from my handkerchief, and my handkerchief all down, she ran by me and went towards Covent-Garden; I was stupified with the blow for a moment, I did not call out for any assistance, but on recovering myself I turned round and saw she had turned into the Pizzas, I saw my locket in her hand with a piece of my handkerchief, she turned round and d - d me for a b - h, and held up her fist.

What time was this? - It might be half an hour or thirty-five minutes after eight.

You spoke of two of them? - Yes, the other stood by the side of me all the time, but did not meddle with me at all; she did not offer to assist me nor make her escape.

Did she go away when the tall one went off? - No, she stood still.

Have you any thing to say against the woman at the bar? - I will not swear to her, but I believe she is the woman.

How soon after did you see her? - That was on the Saturday evening, and I saw her on the Monday night at the watch-house in company with two more; I saw the locket before the magistrate.

Did she say any thing to you before she struck you? - Nothing to the best of my remembrance.

Had you pushed against her, or any thing of that kind? - No, I saw them there and gave way; they came from behind me, they went on before to the dark part of the street, and turned back and met me, by that time I was got to the dark part of Hart-street, which leads into James's-street .

Court. Could you observe whether she snatched at your locket? - It has a buckle in the back of it that goes through and through the handkerchief; it was tight in the handkerchief, it was pulled out.

What was the handkerchief? - It was muslin, it is here I believe some part of it.

ELIZABETH GARDNER sworn.

As I was coming through the Piazzas on Saturday night, me and another girl, to the best of my remembrance a little after eight, the gentlewoman the prisoner called over to the other girl that was along side of me, I asked her if she would have any thing to drink, with that Mary Long and me and the other girl immediately crossed over the way.

What is the other girl's name? - Margaret Holmes ; then we crossed all three of us into James's-street, and went to the wine vaults; I asked the other girl if she would go home, and she said yes; so, says the girl at the bar, I will go see you to the top of James-street, and before ever we got to the top of James-street, the lady laid hold of me; I asked her what was the matter; she said she was robbed of her handkerchief; then I went through the Piazzas and I met the prisoner, and she shewed me the handkerchief pin, and she wanted me to lay hold of it in my hand, but I would not: immediately then I went through the Piazzas and went home.

How came she by that handkerchief-pin? - I do not know indeed.

Where was the prisoner before the lady laid hold of you? - She was in James-street, she was about a yard and a half off, I saw her do nothing to the lady; the lady told me that the prisoner snatched the pin out of her bosom; she ran away in the space of two minutes before the lady laid hold of me, the lady was close to me at the time the prisoner ran away; I did not see any thing done to her.

What became of that handkerchief pin? - I do not know.

What sort of a thing was it? - I only just saw it in her hand, it was all round trimmed with white stones, it glistened very much, I thought it had been diamonds.

JOHN DAVIS sworn.

On Saturday evening, the 30th of September, I was crossing the way, and I saw the prisoner come running down James-street, and as she passed me I heard the lady cry out stop that woman, she has robbed me; I immediately run after her, she turned the corner of the Piazza, and I lost sight of her, I returned back to the lady, and she was all of a fright, I saw no more of it.

Are you sure it was the prisoner you saw running? - Yes, I had seen her before, I knew her by sight.

Where do you live? - In Covent-Garden.

JACOB FREEMAN sworn.

The night after the robbery was committed, I heard there had been an information laid at Bow-street concerning this robbery, and I heard the prisoner's name mentioned, I went on Sunday morning and apprehended all the three girls according to information, the prisoner for one, and this little girl that has just been examined, and another, were in three separate apartments and three separate houses; and knowing the prisoner I went first for her, I took her out of bed, and put her in custody of one of the officers that were with me, then I went in search of the others; the next I took was this little girl, says she, you do not want me, you want Mary Long ; says I, how do you know that, says she, because Mary Long has the pin, I have not got it; and the prisoner said afterwards, if you will go back with me I will shew you where it is; she took me back to her house, and in the two pair of stairs, in the window that had been blinded, no light in it, she had hid the pin, she felt about a good while and pretended she could not find it, the window being very high I could not get up, she called a little boy and he clambered up and found it.

(The pin produced and deposed to.)

Here is the handkerchief I had from the lady.

You found no part of the handkerchief? - No, I did not.

PRISONER's DEFENCE.

The man took me out of bed on Sunday

morning, between eight and nine, to go with him, I asked him for what; he said, there was a robbery done about a lady's pin; coming down stairs, it is a light window on the stairs, and he swept his hand along the window, and said this is what I wanted; I did not give him the pin.

GUILTY , Death .

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

Reference Number: t17861025-26

786. PETER BINKS was indicted for feloniously stealing, on the 4th day of October , seven pounds weight of black lead, value 18 d. the property of Robert Kirkby .

ROBERT KIRKBY sworn.

I only prove the property; I am a merchant .

WILLIAM WOOLDRIDGE sworn.

I am a weigher; I saw the prisoner on Cox's Quay take a large piece of black lead out of one of the tubs and put it under his coat; I am sure it was black lead because I was at the landing of it; he went with it up the counting-house stairs, I told the porter, who is here, I saw the porter go after him; I saw no more; I saw the prisoner's face, that is the man.

JOHN ASBURY sworn.

On the 4th of October I had been landing a parcel of black lead belonging to Mr. Kirkby, and part of it remained on the quay; it was on a Wednesday; it was on Cox's quay; the heads of several of the casks were out, so that the lead was all in sight; Wooldridge told me, and I called to the prisoner, he hesitated, and I jumped upon the hurdles and took up an empty anchovy barrel with three pieces of black lead.

Did you see any cask in the prisoner's hand? - His hand was on the cask when I called to him; I gave the lead to one George Duke , who is not here, and I took the prisoner into custody.

Did you mark the lead? - No, I know the lead, it was locked up in a cellar of which I have the key, I took it out of the cellar, it is the same lead, I gave it to the constable. It was Mr. Kirby's lead I am positive, there was no other lead on the quay but his.

JOHN BUTLER sworn.

I produce three pieces of black lead, which I received from John Asbury with the prisoner, I have kept it ever since.

ROBERT KIRKBY sworn.

I know there was no other lead on the quay but mine; I can identify it no otherwise, I was on the quay almost all day, but there is nothing particular about it.

PRISONER's DEFENCE.

It was after one o'clock, these pieces lay on the ground, and I took them and put them on the hurdles, and I put them into a little cask for safe custody, and my master asked me to hand them to him and I did; I intended to keep them till three till the weigher came.

GUILTY .

To be whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17861025-27

787. WILLIAM KENDRICK was indicted for feloniously stealing on the 5th day of September last, one linen handkerchief, value 6 d. the property of a person unknown.

RICHARD WILLETT sworn.

I am a housekeeper and patrol belonging to St. Sepulchre's, on Tuesday the 5th of September last, at Bartholomew fair , between seven and eight, I saw the prisoner put his hand in a man's right hand coat pocket, and take this white linen handkerchief, I immediately laid hold of his hand with this handkerchief in his hand; I found nothing at all about him but another handkerchief which he said was his; I am certain he is the man; I took him directly into custody, he was very restive; he had got or nine ten with him, he made several blows at me.

Prisoner. How far was you distant from me? - Not a yard; the gentleman was shuffled away. I heard an offer was made to Osborne.

Prisoner. Why did not you call to him? - I did not.

Was it not dark? - It certainly was dark, but at the same time all the links were round, and a shew just by; I took him at the back of the shew.

PRISONER's DEFENCE.

The handkerchief he says I took I exchanged with a young man for a silk handkerchief, and I had it in my pocket, and I pulled it out to wipe my face, and he came and took me.

- OSBORNE sworn.

I am a gun-maker; I saw the other witness shoot forward and seize the prisoner's hand with this handkerchief in it, I assisted to take him, I caught hold of his right hand, the prisoner threw his arms about, and said you shall not take me, the others jostled us; the prisoner said at the watch-house, that he had had one handkerchief six weeks, and the other three months; and he said they were neither of them marked; and they are both marked; the next day he offered me some atonement if I would not say too much; and when he was fully committed, he promised to drop me a guinea or two, not to appear before the Grand Jury.

Prisoner. Did I shew you any money? - No.

Court to Willett. Did you hear any offer made to Osborn by the prisoner? - I did at Wood-street Compter.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17861025-28

788. THOMAS SORRELL was indicted for stealing on the 2d of October , eight pounds of brown sugar, value 3 s. the property of a person unknown.

- HUNTER sworn.

On Thursday, the 26th of September, I saw the prisoner in a lighter, they were landing sugar, I called him out of the lighter because he was not employed, I searched him, and found eight pounds of sugar about him, four or five pounds, of it was good sugar, the other was scrapings; this was a tool he had with him, it is not allowed, but sometimes they have them to scrape their casks.

Did you employ this man at all? - No.

Prisoner. Was any hogsheads shattered? - Yes, very much so, but not quite out, the prisoner had no business there.

- WELLS sworn.

I know no more than what Hunter has said.

PRISONER's DEFENCE.

I have nothing to say.

GUILTY .

To be whipped and six months imprisonment .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17861025-29

789. FRANCES HALL was indicted for feloniously stealing, on the 22d day of October , two pint pewter pots, value 2 s. the property of John Hobcroft .

A WITNESS sworn.

On the 22d of last month, there was an outcry of a person stealing pots, I followed her and took her to my house, she was searched by the constable, and the property of Mr. Hobcroft I saw taken out of her pocket, which were two pint pots; they were given to Morris.

- MORRIS sworn.

I apprehended the prisoner, and she took the pots out of her pocket; they have been in my possession ever since; she told me she picked them up in a court.

(The pots deposed to by the prosecutor.)

I missed some pots every day.

Prisoner. I have nothing to say.

GUILTY .

To be privately whipped , and confined twelve months .

Tried by the London Jury before Mr. Justice HEATH.

Court to Prisoner. Is there nobody that knows you? - Nobody that I can send to.

Reference Number: t17861025-30

790. THOMAS WELLS was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Mayhew , about the hour of two in the night of the 7th of September , and burglariously stealing therein a silver gravy spoon, value 10 s. a marrow spoon, value 10 s. eleven table spoons, value 5 l. 10 s. a silver soup ladle, value 15 s. a silver soup ladle, value 40 s. eleven silver desert spoons, value 3 l. 10 s. a silver punch strainer, value 40 s. three silver cruet tops, value 15 s. one ebony cruet stand with a silver handle, value 10 s. one silver nossel of a candlestick, value 20 s. a tea chest, value 20 s. a knife tray, value 2 s. 6 d. two pound weight of tea, value 20 s. a tea cannister, value 12 d. a quart of brandy, value 3 s. and a glass bottle, value 3 d. his property .

The witnesses examined separate, the case opened by Mr. Silvester.

SARAH WALL sworn.

I am servant to Mr. John Mayhew at Hornsey ; on the 7th of September, I was the last up, I made the house fast, in the morning I found our parlour window broke open, between six and seven, when I came down, the bottom shutter, which was of the inside, was broke; they had bursted the window open and burst the latch off the top; it is a latch that slips, it is a sash window that lifts up from the bottom, and the bolt that divides the sash was burst to lift the window up

Was the sash up or down? It was a little way up, the shutter was burst, so as to enable them to take off both the bars, and the bell was taken off; I found one bell and one bar outside of the parlour window, and one bar on the carpet; I found one piece of candle by the window side-board, and another piece of candle by the side board; the side-board door was broke open, and there was some plate taken away, there was a punch ladle and a silver strainer, and eleven desert spoons, and one tea spoon, and an ebony caster with silver tops, and three pieces of silver belonging to the oil and vinegar, were all missing; some of the things were on the side-board, and some in the cupboard which they broke, and some of the spoons were in the knife-case; I went to bed at night between ten and eleven.

Mr. Knowlys, Prisoner's Counsel. At the time you got up in the morning it was perfectly light I take it? - Yes.

JOHN LUCY sworn.

I was with Mr. Shakeshaft when the property he has to produce was delivered up by Athill.

JAMES SHAKESHAFT sworn.

Mr. Athill was taken into custody on Tuesday the 12th of September, about some linens, he was before the magistrate on the 13th, we knew nothing concerning this plate, he voluntarily delivered it up, here are eleven desert spoons, and eleven table spoons, the bowl of a soup ladle, a marrow spoon, a gravy spoon, a punch ladle, a punch strainer, one tea spoon, four salt spoons, three tops of cruets, the nossel of a candlestick, and the handle of a cruet-stand; he gave them up on the next day.

Court. Where did he produce them from? - I went with him in a coach to Hope-street, Spitalfields, not to his own house, but about five or six hundred yards from his own house; I heard the magistrate tell him when he delivered it up, says he, Mr. Athill I promise you nothing, nor do I know I shall do any thing for you.

WILLIAM MAYHEW sworn.

(Deposed to the plate.)

Here are some of the spoons which are marked with a mermaid, that I bought at a

sale, and some spoons with my initial, an M. I know all of them to be mine.

Mr. Knowlys. Are all the pieces of plate marked? - There is no mark on the tops of the cruets, but they were missing.

Sarah Wall. I know them all, they were in the house the night before.

WILLIAM ATHILL sworn.

Where did you get all this plate, and when? - I bought this of the prisoner at the bar, on the 8th of September, on the Friday morning.

Was any body present? - Yes, one Ann Cockvine .

Was any body else present? - No.

Who is Mary Taylor ? - A little girl who is not here, she was not present in the room.

What is she? - She is a kinswoman of mine that I have kept ever since her mother died; I bought it between eight and nine in the morning on the 8th of September, at my chamber in Black Eagle-Spitalfields.

Are you sure that is the man you purchased it of? - Yes, very sure.

Did you know him before? - Yes, I have known him I dare say about six or eight months.

Mr. Knowlys. Mr. Athill, if that Jury had heard your evidence on a former occasion I would not ask you a single question.

Jury. We were here, and are well satisfied of his character.

Mr. Knowlys. Then I will ask you only this question; how much did you give for all that plate? - Nine guineas, I was to have three shillings and sixpence out of it, which the prisoner said one Thomas King would bring to my house.

ANN COCKVINE sworn.

I live with Mr. Athill, this is the plate that Mr. Athill bought of Mr. Wells on Friday morning the 8th of September.

Where did he purchase it? - In his own house, where we live; I was getting up in the morning when Mr. Wells came in, I was dressing myself, he pulled out a handkerchief out of his pocket, which was under a smock frock that he had on, he desired me to take it, I laid it on a table, and I desired Mr. Athill to get up and weigh it, it came to nine guineas all but three shillings and sixpence, and he said he had no silver, but he would tell Thomas King , who was with him, and he should bring it; he said, that where that came from there was a great deal to be had, but they had only time to go into two rooms; and he said that they were obliged to poison a very large dog before they could get that; he said it came from Hornsey.

Mr. Knowlys. You are the same lady that was here on a former trial? - I was.

Court to Prosecutor. Was your dog poisoned? - Yes; he was very well the evening before, and in the morning I found him dead in the yard; I had him opened, and they took a parcel of arsenick out of his stomach, which was sewed up in bits of liver, with white thread; the pieces of liver were cut in chequers; the surgeon said, he did not suppose he lived half an hour after he took it.

Shakeshaft. When we apprehended the prisoner he was in a smock frock.

Mr. Knowlys. It was on the 12th when you apprehended him? - I cannot rightly say; it was a week after.

PRISONER's DEFENCE.

I never sold him any; I am a labourer .

Was you at work with any body at the time this happened? - No, my Lord, I was out of work.

What part of the town do you live in? - I lived in Shoreditch.

Have you any friends to speak for you? - My friends are all gone; they have been waiting these two or three days.

GUILTY , Death .

Prisoner. I hope you will have some mercy.

Court. The offence you have committed entitles you to no mercy, unless you can redeem yourself by making some discoveries by which you may be useful; otherwise your crime is of such a nature, that the welfare of society at large demands you

should suffer; I wish I could shew you any mercy with all my heart.

Prisoner. My Lord, I never was here before.

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

Reference Number: t17861025-31

788. JOSEPH THOMPSON was indicted for burglariously and feloniously breaking and entering the dwelling house of Theodore Horsley , about the hour of four in the night, on the 17th of September last, and burglariously stealing therein, two cloth coats, value 3 l. two waistcoats, value 12 s. and a linen chair cover, value 5 s. his property .

A second count, Charging the prisoner with stealing those goods, on the same day, in the same dwelling house.

(The witnesses examined apart.)

ROBERT HORSLEY sworn.

I am son of Theodore Horsley ; my father lives in Rathbone-place ; he is a surgeon ; on the 17th of September, his house was broke open, between the hours of four and six in the morning; I heard the bell which was fastened to the window which was broke open tingle two or three times; I thought the coaches going by might make the bell tingle.

Does that happen sometimes? - Yes, sometimes, according how the bells are fixed; about half an hour after the last tingle, I heard a crash in the kitchen window where I lay; I heard the shutter fall in, and some plates fall; I sleep in the kitchen below; and I got up, I put on my stockings and breeches, and went up stairs and rang the parlour bell; nobody came down; I went up and told my father that somebody had broke into the house, and I looked out at the garret window and I saw the shutters of the kitchen pulled off; about half an hour after, I went down in the two pair of stairs room; and then I heard the plates crack again, which I thought was somebody coming in; when I was opening the two pair of stairs door, I heard like the handle of a drawer go; I said, there is somebody in the house, for they are at the drawers.

Where did that noise seem to proceed from? - From a room that adjoins to the parlour; my father and me went down stairs, and looked about the parlour; we went into the surgery, and found the door open, and a green slider taken from off the drawer; says I, there certainly must be somebody in the house, for they have pulled this drawer out; there was a shutter that gives light to this room; I saw some clothes packed up, and a chair cover; they were laying on a chair in the study; I was going into the study, and the door would not go back; says I, there is something behind the door; I looked behind the door, and I saw the prisoner behind the door; with that he came out, and he said, let me go out, let me go out; my father and me would not let him go out; he had a scuffle in the passage; and there is a hatch door with spikes, and he tried to pitch my father's head on these spikes; I had a piece of marble hearth in my hand, and I hit him over the head with that, and staggered him; he recovered that, and ran to the street door, and tried to get out; my father ran to the door, and snatched the key out; then I ran to the parlour window, and opened it and let in a person; then he was quiet; he was taken into the parlour; in two minutes, he said, let me go, you have not got a constable; I got a constable and took him to the watch-house; I examined the kitchen window, and the bar of the window was broke near the middle; the sash was not fastened, so that he lifted that up.

Is there an area to your kitchen? - Yes, he got down into the area; the bar is here; the things that were packed up were two coats, and two waistcoats belonging to my father.

Was it day-light? - It was day-light when he was taken in the house.

Was it day-light when he broke in? - It was twilight.

Prisoner. Did not the gentleman take his oath at the office that it was half past

six? - I took my oath it was between the hours of four and six.

Prisoner. I desire you will enquire into this young man's character; here are people now in Court to prove, that he has been committed for robbing a man of his watch.

Court. Have you the impudence to talk about a man's character, when you was caught in the house, how came you into the house? you ought to have some sense of your own condition!

THEODORE HORSELY sworn.

What o'clock was it when you was first called? - It was past four, but I cannot say how much; he was taken and delivered into custody in my passage, after fighting with me half an hour; I first saw him in my study; I certainly saw the clothes packed up, two coats and a waistcoat, in the third room; they were hanging upon the chair backs in the study when I went to bed; I want to mention that the dreadful horror when he came behind the door certainly had a great effect on my mind.

WILLIAM WILKINSON sworn.

On the 17th of last month, I got up to go to work; as I was coming down Rathbone-place, I heard a cry; I jumped into the parlour; I went through the parlour and assisted to take the prisoner in the house.

Did you see the clothes packed up? - I did not; it was between the hours of five and six.

How much after five? - I cannot rightly tell to a minute.

- STINTON sworn.

As I was coming up Rathbone-place on the 17th of September; the ladies at the window, at No. 4, were calling out for assistance; they desired me to assist, and the son of the house opened the door and let me in; I met the prisoner coming out, either of the fore parlour or the study; I took the prisoner by the collar of his coat, and held him; after he was put into the watch-house I went back to the gentleman's house, and he took me into the back place and shewed me the clothes; I believe they were loose when I saw them.

GEORGE BOYDEN sworn.

At about half after five I received the prisoner into custody; I locked him up safe; I attended the best part of the day, and in the evening I saw many different people there; in the evening I applied to our clerk to have assistance; I thought I should not be safe; accordingly he ordered me to get three or four men; when I came back I got one Johnson, one of our patrols, and several of our neighbours came along with me; when I opened the watch-house door, the iron wicket door was broke down on the ground; one of the staples of the lock-up door was drawn; the cross bar that goes across, that was likewise knocked down; I looked at him, says I, my friend, you have been at work here, you must have some working tools; I must see what sort of working tools you have; he looks through the wicket door at me, says he, d - n your eyes, the first man that enters in here to me shall be a dead man; and I says to our patrol, draw your cutlass, and we will see who is to be the dead man; he drew his cutlass, and I said, if you see him lift up his hand, cut him; three or four of us went in and searched him, and I looked down and found this large iron crow; I imagine it had been handed through the door; the watch-house is contiguous to the street, and has iron bars about an inch asunder.

Prisoner to Boyden. Did not you say, that if I would give you three guineas, you would let me go? - Never was any such proposal; I have been thirteen years watch-house keeper.

Court to Prisoner. What are you? - I am a shoemaker; my friends are in the country.

Court to Prosecutor. Are the clothes here? - No.

Court to Jury. If you wish to know the value, we will send for the clothes.

Prosecutor. One is a black cloth hardly

wore, and the other suit is new brown, that I have not had three times on.

What value do you set upon them? - It is a tender point, as it touches life; I would be as humane as I could be.

Answer the question, what are they worth to be disposed of? - They may be referred to any gentleman; I am upon the point of taking a man's life though he had no mercy upon me.

What did you pay for them? - Four pounds ten shillings, when I have the breeches to them they generally put six pounds to me.

Court to Jury. In estimating the value, you will not go beyond the value.

Jury. We are satisfied in this business, my Lord.

GUILTY, Of stealing to the value of 40 s. but not of the burglary , Death .

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

Reference Number: t17861025-32

789. RICHARD FERRIS was indicted for burglariously and feloniously breaking and entering the dwelling house of John Davis , about the hour of one in the night, on the 3d of October , and burglariously stealing therein, four linen shirts, value 6 s. one cloth coat, value 4 s. a pair of nankeen breeches, value 12 d. a pair of cotton stockings, value 12 d. four table cloths, value 4 s. a flannel petticoat, value 12 d. and two linen shifts, value 12 d. his property .

MARTHA DAVIS sworn.

I am wife of John Davis in Little St. Andrew's-street, Seven Dials ; on the 3d of this month, my house was broke open; my kitchen was locked with a padlock; in the course of the evening the padlock was stolen, and at night when we went to bed, my husband went down stairs, and drove in this great staple; I saw him do it; I said to him, are you sure it is secure? he said, yes; before that I carried down a large bundle of linen to be washed; I went down myself, and saw it was secure; I could not get it open at all; I fastened the back door, and the maid and me went to bed; this is a kitchen door at the bottom of a back pair of stairs; there was a street door which was on the latch; I have lodgers, and one of them is a Marshal's Court officer, and he is out late sometimes; the woman came in the morning as usual; I went down in my shift and took a large hammer and a poker, thinking to undo the door, and I found the door open, and my linen gone; this was as I believe a quarter after five; my husband told the washerwoman to go home, and he followed her, and said, let me look about your place before I go; he returned and found nothing; and a woman came in, and said, mistress, have you been robbed? says I, how came you to ask that question, I insist upon knowing how you came to know; I threatened to send for an officer; then she said, it was one Richard Ferris , a barber , that he had a large bundle of linen on his back in the morning, and that he had positively declared he had done Mrs. Davis; I told my husband that I had seen the prisoner several times at our shop; I said, I will have him if he was above ground; I went many miles after him the next day, and coming down St. Martin's-lane I met him very drunk indeed; I laid hold of him by the collar; I said, you are the man I have been looking for all day; he said, what is the matter? says I, you know very well; I made him come along with me; when he came to the top of St. Martin's-lane, he wanted to get away; then I sent for a constable and charged him with him; when I came up to the office he acknowledged to me he was the man that committed the robbery; it was at Litchfield-street office; they told me it was death; I said, I would wish to save his life; this is the tool that was found upon the stairs when I went down in the morning.

Court. When you promised him to try to save his life, was it before he told you or after? - I did tell him I would endeavour to save his life, if he would tell me

where my property was, and he told me where five shirts was; somebody found this tool on the stairs, I took it to be a screw driver.

ROBERT JONES sworn.

I am a pawnbroker in New-street, St. Martin's; a man of the name of Ferris, came and pledged these three shirts with me on the 4th of this month for eighteen pence; it was about nine in the morning; I never saw him before.

Is that the man that pawned them? - I cannot tell; I did not know him; that is the man that I saw in the office; he was a stranger to me; I took the things in myself.

JOSEPH SMITH sworn.

I am a pawnbroker, No. 135, Drury-lane; I have a coat, and a pair of breeches and stockings; I received them of the prisoner on the 4th of this month in the morning; upon which I lent him six shillings.

DAVID GORDON sworn.

I am a pawnbroker in St. Martin's-lane; I produce two shirts which the prisoner pawned on the 4th of October in the morning before nine; I have known him for three or four years back.

PATRICK DIVINE sworn.

I am door keeper at the Rotation-office, at Litchfield street; I live next door to Mrs. Davis, in Little St. Andrew-street, on the 4th of October I met Mr. and Mrs. Davis at the office, I directed them to get some printed bills; I heard no more of it till I was coming home, after the office was over; then I went into Mrs. Davis's, and she gave me charge of the prisoner; I took him to the Rotation-office and searched him and found nothing upon him; he told me where some of the things were in pawn; he refuse to give any farther account of any thing else, but on examining the other pawnbrokers we found the things.

Mrs. Davis. I can swear to all the things that are here.

PRISONER's DEFENCE.

On that morning I was going to dress a gentleman in Oxford-road, and going past this door I saw the bundle lay, and I took it up, and being a little short of money I parted with the things; I intended to return them to the proper owners.

What way of life have you been in? - A hair dresser.

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

GUILTY, Of stealing, but not of the burglary .

Transported for seven years .

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

Reference Number: t17861025-33

790. STEPHEN NEWMAN was indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Banfield , about the hour of seven in the night, on the 4th day of October , and burglariously stealing therein, one iron japan tea tray, value 8 s. his property .

ELIZABETH BANFIELD sworn.

Joseph Banfield is my father; he lives at No. 6, London street, Ratcliffe ; I lost this tea tray, on Wednesday, the 4th of October, about seven in the evening, I was going to shut the parlour window; I always make it a rule to shut them myself; I unbuttoned the parlour door, and the window is almost before the door; I had a candle and candlestick in my hand, and then I saw the window was about one pane up, and a man's hand in a blue jacket, and the tea tray half in and half out; I immediately cried out stop; the man turned the board, and drew it out directly; I put my two hands on the feat of the chair that lay next to the back of the window, and I gave a jump out of the window into the street, which is upwards of two yards from the ground; I have had it measured since; I came beyond the paving, I saw the prisoner running across

the street, swinging his hand; I cried stop thief, he cried stop thief, too; it was a very rainy night; I thought that I run down the middle of the street, as he ran down the pavement, I should catch him, but before I met him, he was stopped by a young man.

Did you recover the tray? - He let the tray fall; I did not see him put it down; and when the man was taken, I began to look for the tray, surely, says I, I am not mistaken in the man, where could he put the tray? so the young man that caught him, saw him throw something white over a wall; oh, says I, there nothing in the parlour but my cloak; they went and looked, and there was an old-sheet: here is a gentleman here that found the tray, as he was coming out of his door, almost opposite our house.

Prisoner. Please to ask the prosecutrix, did not you say you believed I was not the person when I was first stopped? - No, Sir, I caught hold of his arm, and said this is the man, do not let him go; and I said assistance, assistance, as loud as I could.

- BLUNDEL sworn.

I was coming along, I saw the prisoner running; Miss Banfield was behind him; she was crying out stop thief, and I just laid hold of him, and I saw him throw a bundle over the wall; then Miss Banfield came up, and desired me to take him into custody; she said they did not know what they had lost.

WILLIAM MATTHEWS sworn.

On Wednesday, the 4th of October, about seven in the evening, I was coming out of my father's house, and close by the steps of my father's door, I perceived something standing on its edge; my father's house is nearly opposite to Captain Banfield , near twenty yards across the street; I generally make it a custom to put my foot against the cellar window, to see if it is bolted, and there the tea tray stood; it is a japanned tea tray.

(Produced.)

Miss Banfield. I could not swear to the face, but I can to the back, where my father put baize, because it should not scratch the tae; I have no doubt of its being my father's property; he said at Justice Staple's, he saw me jump out of the window.

JOHN TRINDER sworn.

I was coming by, and I heard the cry of stop thief; I heard the voice of a young woman crying stop thief, and a man like a seaman after him; he was stopped by a young man, and threw something over the pales, and the gentlewoman came up immediately, then I crossed over the street to him.

JOHN ORANGE sworn.

I was sent for to take charge of the prisoner; when I came, he was in a box, with the tea tray before him, and an old sheet; I secured him, and brought him to the publick office, Shadwell.

PRISONER's DEFENCE.

I went down to Blackwall to go out in the King George Indiaman ; I am a gunsmith by trade, and have a wife and three children; I was going to India; I have not been able to work since I was cast away in the Halsewell East Indiaman; I heard the gentlewoman crying stop thief; I said what is the matter; I run after him, and spoke to that good man; she came up and gave charge of me; when she came up, says she, I cannot be positive whether that is the man or no; I spoke to her first, and asked her what was the matter.

Miss Banfield. He never spoke a word to me.

Prisoner. My friends are all at Plymouth; I have a wife and three children in the yard.

Court. There is no direct evidence that the prisoner did lift up the sash.

GUILTY, but not of the burglary .

Whipped , and confined twelve months in the House of Correction .

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

Reference Number: t17861025-34

791. MARY WARD was indicted for feloniously stealing, on the 12th day of September last, one iron smoothing plane, value 1 s. one goodge, value 6 d. and two gages, value 6 d. the property of Henry Hewit .

The prisoner came to beg some chips, and stole the tools, which were taken on her, under the chips.

GUILTY, 10 d .

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

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

Reference Number: t17861025-35

792. WILLIAM ELLIS was indicted for feloniously stealing, on the 16th day of September last, one bushel of apples, value 2 s. 6 d. one bushel and an half of green peas, value 3 s. one linen handkerchief, value 6 d. and a clasp knife, value 6 d. the property of Samuel Thornton .

The prosecutor was called on his recognizance, and not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17861025-36

793. JAMES THOMAS was indicted for feloniously stealing, on the 28th day of September last, one pair of cotton stockings, value 2 s. one pair of worsted stockings, value 20 d. and one pair of silk and worsted stockings, value 2 s. the property of Robert Pinches .

Thomas Ward saw the prisoner take the stockings, and took him directly with the property upon him.

GUILTY .

Whipped and imprisoned six months in the House of Correction .

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

Reference Number: t17861025-37

794. THOMAS PLATA otherwise PLATO , and FRANCIS PARKER , were indicted, for that they not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the 11th day of September , in the parish of St. Sepulchre, in the city of London, in a certain open and public market there, called Smithfield-market , where in the open and public streets, there were divers liege subjects of our Lord the King passing and repassing, a certain bullock, price 10 l. of and belonging to one Thomas Jackson , which was wild and mischievous, and then and there secured, unlawfully, wilfully, and of their malice aforethought, did see at large, well knowing the said bullock was wild and mischievous, and that they did then and their feloniously and wilfully, and of their malice aforethought, drive him with great force and violence along and through the said public market, and along through a certain public street in the King's highway, called St. John's-street, by means of which setting at large the said bullock, and driving him with force and violence as aforesaid, the said bullock with a certain horn on the right side of the head of the said bullock did strike, penetrate, gore, and wound one James Messenger in and upon the lower part of the belly, he being in the peace of God and our Lord the King, and being on the King's highway, giving him with such striking, penetrating, goring, and wounding as aforesaid, one mortal wound in and upon the said lower part of the right side of the belly of him the said James, of the depth of five inches, and of the width of one inch, of which he languished from the said 11th of September till the 12th of the said month, and languishing did live, on which 12th of September, he, the said James Messenger , did die; and so the Jurors say, that they the said Thomas Plata , otherwise Plato and Francis Parker , the said James Messenger , feloniously, wilfully, and of their malice aforethought, did kill and murder . They also stood charged on to Coroner's inquisition with killing and slaying the said James Messenger *.

* William Nicholas served this day in the room of John Smith .

THOMAS JACKSON sworn.

I live at Stoke Newington; I bought a bullock, on the 11th of September, in Smithfield market, of Mr. Ireland; I went to breakfast between seven and eight, and when I came from breakfast about half after eight or nine, I met a butcher, and he said, is this your Scot? it is a little wildish, I would have you take care of him; I said I did not know of it; accordingly I went to the bullock, and the two prisoners stood at the hind part of the bullock, I looked at it, and either one or both of the prisoners persuaded me to have it locked up at one of the inns, and I gave then a pint of beer to lock it up.

Can you tell which or them it was that persuaded you? - I cannot say indeed; I gave the pint of beer to one of them, I cannot tell which, they said they would put it into the Bell, I went to pay for it at the Bull's Head, and in about ten minutes I came to see about it, and I was told it was run away, when I had stood a minute or two, there was a mob of people coming back, with a poor man brought on a window shutter through Smithfield, which very greatly surprized me, I made all the baste I could home, directly I rode after the bullock to Holloway turnpike, I enquired about him, and found it was gone to Holloway; I found it laid down by a little public house on this side Holloway, on the right hand side of the way, I understood it had run at some people, and there it sell; I ordered my man to cut the tail a little bit, and it bled a little, but we could not get it up till we killed it, and we brought it to Islington; I meant to order it to the Bell till my own drover, who was a careful man, came from Stoke Newington, who would drive it carefully.

These men had your authority and consent to carry it to the Bell-Inn? - Yes.

What is the name of the butcher that gave you advice to take care of it? - Mr. Peach of Shoreditch; the person of whom I bought it said he was not subpoened, and would not come; the salesman said he knew nothing of it, he told me repeatedly that he had not the least knowledge of it's being vicious, but the prisoners did.

CHRISTOPH. BLACKWELL sworn.

On Monday morning the 11th of September, I went to cheapen a bullock just by where this wild bullock stood, and this Plata, the prisoner, and another says, do not go nigh that bullock it is mad, it is wild, for I am obliged to tie it up with a double rope, or it would run at any thing when it came into Smithfield; I said to him if that is the case you should secure it before you take it off from the rails, that it may not do any mischief; he made no answer; I drew off for about half an hour, after that the two prisoners at the bar had got this bullock untied and loose, one was at the head and the other at the tail of it after it was loose from the rail, the prisoner Parker with a stick took and pricked it, and forced it almost upon me, indeed I was but a little way from it; after that he kept following close to the tail of it, and spurring it with his stick, forcing it away, forcing it on, with that I followed him, I saw what he was after, and he kept pricking it the same till he forced it away from the other beasts, with that it took to it's heels and ran up St. John's-street, and the two prisoners after it; I said to the person that stood by, that bullock will do some mischief which these rascals are after; I had not spoke a quarter of an hour before the poor man, Messenger, was brought back with his bowels out, carrying to the hospital; I understood the bullock was followed to Holloway and brought back to Islington; I went up to Islington in the afternoon to see whether the bullock was the same, and I found it was the same; coming to the hospital to see how the poor man did, I saw Parker in Long-lane, Smithfield, and I said to him you must be a very bad man to take this bullock out knowing it to be wild, whereby this poor man will lose his life; he gave me a good deal of abuse and ill language, and told me that he should have one of mine hunted off before a month's time; I said no more to him but I came away.

Court. Did Parker hear what Plato said to you about going near the beast? - I do not know, he was not near at the time.

Is the pricking and goading of bullocks at all necessary to force them from the rest of the beasts? - In order to separate them from the others, they do sometimes.

Suppose for instance, they were going to put that bullock up at the Bell, would it have been necessary to prick it, and force it, to get into the yard? - No, my Lord, because I should take some others with it, and there were two other beasts with it.

Jackson. My Lord, they said they would take two other beasts with it, in order to secure it.

To Blackwell. Then there were three beasts loose in all? - Yes, I look upon it, that this bullock would not have gone away from the rest, if it had not been forced by the ill usage from this drover.

Then supposing their business was to have driven the three beasts to the Bell Inn, in your judgement was they conducting them properly, in forcing them with their sticks? - Undoubtedly they were doing wrong, for they forced it in such a manner, that they forced it away from the others.

Where was Plato at the time that Parker was urging the beast on? - He was on one side of him; Plato was keeping them together.

Then according to you account, Plato was doing what he ought to do? - He was not doing any thing wrong in forcing it away, only knowing the bullock to be mad, he was forcing it from the rails.

These drovers are dextrous fellows in the management of their beasts? - They do a great deal of mischief; they very often trust too much to their dexterity; this man Mr. Jackson lost three or four pounds by the bullock; it was not fit for any use at all.

Court. How far did he follow the bullock in your sight? - He followed it quite out of Smithfield.

JOHN GOODWIN sworn.

I am servant to Mr. Dickenson, the brewer; as I was going to breakfast on Monday, the 11th of September, coming up my master's yard, I saw a bullock come running up St. John's-street, and I stopped a little, and the bullock ran by me; facing Aylesbury-street he stopped, and headed that way; there were three bakers coming by with pails of yeast upon their heads, and another man standing against the post at the corner of the street, daring the bullock.

What do you mean by daring? - Wavering his hat backwards and forwards, whether to keep the bullock from himself or no, I do not know: after it was dared a little time, the bullock ran between the post and the house, and this man that was behind the post, slipped on one side into the street, that goes into the high way, and the deceased was coming just to the corner, and the bullock caught him, and smacked him against the wall, and he tumbled down; and as soon as ever the bullock had done that, he set up the street as hard as he could run; and the man got on his hands and knees, and leaned against the wall, till assistance came to him; the man was taken to the hospital afterwards; I know the man's son very well, but I did not know it was the father till it was done; his name is Messenger; I saw him in the hospital after he was dead, the night the Coroner sat upon him.

Look at the two prisoners, did you see any thing of them there? - I cannot say I did.

THOMAS RAMSDEN sworn.

On Monday the 11th of September last, a little after nine in the morning, I was desired to attend an accident in St. Bartholomew's hospital; I immediately went, and found the deceased in bed, with a large wound on the lower part of the right side of his belly, through which about two-thirds of his intestines protruded; they were soon after returned, and the wound was sewed up; he lay in great

agonies, till between four and five the following day, and then expired.

Could you discover at the time, or have you discovered since, whether the intestines were wounded? - The intestines were not wounded.

That wound, I presume, was in your judgement, the cause of the man's death? - It was.

Court to prisoner Plato. You are charged with having maliciously loosened a bullock, and assisted in driving it with violence through Smithfield, for the purpose of its injuring some of the king's subjects; in consequence of which, this bullock wounded James Messenger , and of this wound he died; and this the indictment charges to be murder in you.

PRISONER PLATO'S DEFENCE.

I have been a drover these sixteen years; we had ninety beasts for Mr. Ireland the Salesman; Jackson came round, and he bought the bullock; I took off the tail; I told him he was wild; I borrowed two bullocks, and I took the bullock off; I did not think it necessary to hamper him; I loosened him to go with the two beasts I had got; I drove them out very quiet; the rest of the drovers might force it, and prick it; I got him to the place where the pigs is, and one of the pigs run betwixt his two fore legs, and he set off directly; then he ran clean out of the market; the bullock, had he not been pricked by the rest of the drovers, would have gone quiet enough; he ran that way, and missed me, and flew into the pig-pen; I followed him up St. John-street, to the corner of Aylesbury-street, there he stopped; I saw three bakers with their pails, making game of him; they rattled their pails at him; I desired them to get out of the way; he run into the path; he missed the two bakers, and catched the deceased; I followed the bullock all the way to Holloway, and there I roped him.

Court. How came you, after the caution you had, when you knew that the bullock was wild, how came you to loosen it, without it's being properly secured? - Mr. Jackson knows that he told me, if I would take it off for him, he would be obliged to me.

The question I ask you is, why you loosed him wholly, why you did not hamper him immediately? - That bullock, if he had been left to myself, I could have drove him twenty miles with any two or three beasts, had he not been pricked about the market; the bullock was not half so wild as they say he was, when he was against the rails; here is a man at the door who tied him up; Mr. Jackson gave me a penny three farthings, and promised to give me more.

Did not Parker lend you a hand to drive him? - He lent me a hand to put it up in the yard, but it was more than we both could do.

PRISONER PARKER'S DEFENCE.

I was standing by the beasts, and this beast was coming by, and I held up my stick, which had no pricker in it; I run with the two beasts to get them to go after the bullock, but they were too heavy; as to touching the bullock with a stick, or meddle with him, I never did.

To Mr. Blackwell. Do you frequent the market much? - Yes, I am in the market every day.

WILLIAM LEE sworn.

I know Plato; he drives for the same man I do; he is a drover to Mr. Ireland.

How many men does he employ? - According to the quantity of beasts he has; all I know about it is, that the bullock was a little wild in the evening we marked him; he did not seem to be any way outrageous; I had not discovered him to be more outrageous than any of the rest; there were twelve of that sort; when we came down we tied him up; we had some suspicion; he made some resistance when he was first tied, and we put on another tie; being wild sometimes we do so for fear the tie may break; they often resist when they are not wild; he stood very quiet; Mr.

Jackson came round and bought him; when he came down in the market again, Plato told him it was skittish and wild, and he had better lock him up, for it would be cooler for his feet; Mr. Jackson asked him if he could get him locked up for him, and he told him he would if he could, he would borrow some beasts and get him locked up; accordingly he borrowed two beasts of William Smith , a drover, that were going home to a butcher's shop, to keep company with the bullock; then they went and untied the beasts; Smith helped to drive them; and he went away with the other two beasts, and I saw no more of him.

Where was Parker when the beast was loosened? - I did not see Parker near the beast all the morning.

Where is Parker's proper stand? - Just below mine.

Did not Parker help Plato to drive this beast? - Not that I saw; William Smith went with him to lock the beast up; he is at the door.

How far was you from this beast before it was loosed? - Not above a yard or two, close behind him.

Then you was close when he was untied? - Yes.

And when the three beasts ran off? - Yes.

Did not you see Parker there then? - I did not see Parker nigh; I did not see Mr. Blackwell.

Where they went to you d id not take notice? - No, I did not; they went towards the Ram Inn; I did not see them afterwards till I heard of the accident; I never saw Parker at all.

Did you watch the beasts off to see which way they went? - I did; I watched them about ten yards or more; I never saw Parker at all; I watched them I can safely say ten yards.

Consider what you say, my friend? - I do Sir, I do.

Did they separate? - They continued to go on together.

And all that time you did not see Parker? - I did not see Parker.

WILLIAM SMITH sworn.

I am a drover; I was driving two out of Smithfield, the day that this accident happened; for Tom Plato 's master, Mr. Ireland, he came to me and asked me for two beasts, says Plato, I have got a beast here that is wildish, I wish you would help me, for the butcher has given me a pint of beer to lock him up; he did not say what butcher; nor I did not go; I lent him two beasts, and in going along the carts and coaches made such a noise, that it drove one of mine along with it, and it took up St. John's-street, and mine with it, and I went and fetched mine back; presently the man was brought back killed; I verily believe Plato is innocent of it; he begged and prayed of the people not to make a noise, but to let it alone; I never saw any thing of Parker; nor to my knowledge I never saw him at all with the bullock.

Did you see Mr. Blackwell? - No, Sir, I did not.

Court to Blackwell. Did you see that man there? - No, Sir, I did not see him at all.

Was there nobody to take care of these other two beasts? - I do not know that there were; I saw nobody but the two prisoners after the three beasts; I have seen Lee in Smithfield; I do not know his station; nor I do not remember seeing Smith in Smithfield at all.

Court to Smith. Who was you employed for? - For Messrs. Boys and Ure, in Rose-street, Newgate-market.

Prisoner Plato. It being Saturday, there is no other butcher here; Mr. Blackwell knows me very well; I have been in the market sixteen years; I have a wife and three children.

Blackwell. As to his general behaviour I do not know any thing at all; they are all very bad fellows, and sometimes they act with a great deal of cruelty to the cattle, and if we say any thing to them, we only get ill will, and abosive language.

Court. Is it a very common thing to

tie beasts, or do they depend on their skill in general? - If they take them out they generally cut them down or disable them, or hamstring them, or tie them by the horn of the head; but the proper method when a bullock is mad as this was, is to have him confined; Plato told me it was wild, and says he, I am obliged to tie it up with two ties.

Prisoner Plato. I declare to God, I never saw Mr. Blackwell, so help me God Almighty.

Lee. The bullock was wild at Boston, in Lincolnshire; he ran at a country drover, so he told me over night; but the bullock was pretty well then; it came very well along with the rest of the beasts; we had a bullock yesterday, and after his fellow bullocks ran away from him, he was as mad as a March hare almost; he was killed directly; we always tell a butcher when he is wild.

Court. Gentlemen of the Jury, this is perfectly a new case in practice; though the principle of law is by no means new; the principle of law undoubtedly is, that if any man wilfully and maliciously drives a beast which he knows to be wild and mischievous into a crowd of people, meaning to do mischief, that such a man will be answerable for all the consequences that that act produced, and that if a passenger is go- red passing by, by a bullock under those circumstances, and dies of a wound, it will be murder in the person who is the cause of it, by that wilful and malicious act, which had a necessary tendency to do wilful and bodily harm to whoever should meet that beast: This is certainly a principle of the law of England; at the same time, that I do not know that there has been any instance that has fallen within that principle in my experience; it is therefore extremely necessary to be careful what to do; to understand very well the correct state of the matter of fact; and also to attend closely and minutely to the principle of law; now this indictment seems to me to have very properly stated the charge, by way of application to that general principle, and it therefore states, that these two men did wilfully and maliciously, knowing this to be a wild and mischievous beast, loosen him, and drive him, and goad him through the market, by which this mischief was consequently produced; that the beast by being so drove, ran against this unhappy man, and gored him in the belly, of which he died: the constituent parts of the charge are first, that they knew this beast was mischievous; in the next place, that they loosened him for a mischievous purpose, intending to do mischief; and in the next place, that having loosened him, they drove him in a malicious and mischievous manner through the market, which irritated him so as to induce him to commit the mischief as followed. As to the matter of fact, the representation of the fact is unfortunately very different, by different witnesses; therefore you are to ascertain the fact in the best manner you can, as you must, where it does happen that the representation differs, as I am afraid you will find it does in this case: You must therefore judge for yourselves, and determine what is the precise state of the fact before you can go a step farther. According to the account given by the prisoners two witnesses, the prisoner Parker, who is charged by the witnesses on the part of the prosecution, as most active and mischievous, appears not to be there at all, which flatly contradicts Mr. Blackwell, who represents Parker, as taking pains to get him to do mischief; you have therefore the disagreeable circumstance to collect the fact, and to apply it to the rules of law, upon which the quality of the offence must be tried and determined; there is no remedy but patient and cool consideration of the evidence, to see where the truth is most likely to lay; you must do that in this case; you must first of all determine whether you believe Blackwell, or these two drovers; if you believe these two drovers, I hardly think there is any room to impute any offence whatever to the prisoners; because though the

beast was a wildish beast, yet the manner of taking two other beasts to go along with him, seems a reasonable care, if not quite sufficient: It is not very unreasonable, if their representation be true, to believe that the drovers did really think they should be able to manage the beast very well, and that no harm would ensue: on the other hand if you should be of opinion that the representation made by Blackwell is the truth, and that the drovers have sworn falsely; to be sure that alters the case; and if you should be persuaded that the prisoner Parker (for Blackwell does not charge Plato with any thing more than a knowledge that the bullock was wild) had so infernal a mischief in his head, as to wish to provoke this beast, in order to drive him mad, in order to make him do mischief to some person, for the abominable entertainment it would afford him and the mob; I do not see how the crime can fall short with respect to him of that of murder; but with respect to Plato, the most that can be urged against him is, that he knew the state of this beast, and to be sure where the neglect is very gross, it will sometimes amount to the crime of manslaughter, as where a man drives furiously along the street and drives over any person; but you must suppose him to drive at people to make it amount to murder; on the other hand, if the true complection of the case is, that Mr. Blackwell has seen it in a little too strong a light with regard to Parker, and that he is not warranted in his conclusion, to use that expression which he used,

"of seeing what he meant to be at;" and that Parker, though not so careful as he ought to have been, only tried to get the beast to the place of his destination; then there would be a ground to take the middle course, and to say, that as to Parker, he would be guilty of the other crime of manslaughter, and as to Plato, if you should be of opinion, that he cannot be excused for trusting to his dexterity, he may be guilty of manslaughter also; it ought to be a very strong plain case of wilful and intentional mischief, that should lead you to carry this to the utmost strictness against these prisoners: To the nature of their business some indulgence should be given; men like them fall into habits of unnecessary severity, very often without much malignity of heart; men in such situations acquire dangerous and bad habits; they are not to be tolerated to be sure, but at the same time, when the question turns upon the malignity of the heart, there are some allowances to be made; you would not understand their language nor perhaps their actions exactly in the same manner as those of persons in a different situation; and if the case admits of any shadow of doubt and of difficulty, it will be a reason for you to moderate it into that, which is most likely to be the case nine times out of ten; that is the case in which they drive their cattle, incautiously trusting to their own superior skill in managing them, and behaving criminally negligent. It seems as if it would ultimately resolve itself into a question for your consideration; whether these prisoners can be said to be free from all blame, so as to lead you to acquit them all together; or whether they are guilty of manslaughter. Not guilty generally would be the opinion that my mind would go to principally: You however are the judges; if you find clear wilful deliberate malice against every body, in their conduct; and that they, with a view to do mischief, let this beast loose, on purpose to enjoy the fun of doing mischief, and this man lost his life in consequence of it; undoubtedly they may be reached to the full extent of the crime of murder: If you think it approaches more to the other crime in which there is neglect and incaution and rashness, but not deliberate malice; then they will be responsible for the crime of manslaughter: If you are of opinion that they have acted with a reasonable degree of caution, though not with all the caution that every prudent man would take, and that the beasts ran wild by others exciting them, and not by the prisoners themselves, then I think

the prisoners will be entitled to your acquittal.

THOMAS PLATA otherwise PLATO,

NOT GUILTY .

FRANCIS PARKER , GUILTY Of manslaughter , and guilty on the Coroner's inquisition.

He was burnt in the hand in open Court , and ordered to be imprisoned twelve months in Newgate .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17861025-38

795. ISAAC KENNEDY , JACOB UDNEY , and SAMUEL GRENON were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Leachman , about the hour of one in the night, on the 30th day of March last, and burglariously stealing therein, one eight day clock, value 5 l. a quart silver tankard, value 3 l. and a table spoon, value 10 s. his property .

(The witnesses examined apart.)

THOMAS LEACHMAN sworn.

I live in Brick-lane, in the parish of St. Matthews, Bethnal-green ; I am in the turnery way , and making utensils for weavers ; in the night, between the 30th and 31st of March, my house was broke open; I do not remember the day of the week; it was some time in the night, one, two, or three; I lost a table clock, a silver tankard, and several other things, by whom I know not; I never advertised it; I was called up that morning at five, before the shop was open; I observed the back window shutter was wrenched, the bar wrenched off; it was put on with large nails; then they got the shutters out of the place, and the bolt, and broke a pane of glass, got the sash up, and got in at the window.

Do you know whether that window shutter was shut up that night? - I do not know it of my own knowledge, but here is a man that does.

Have you any thing to say against these three men? - None at all; my clock is here, but the other things are made away with.

MORGAN LLOYD sworn.

I lived with Mr. Leachman in March.

Do you know that that window, that was found broke open in the morning, was fast over night? - Yes, it was fast over night; the outside door lock next the cellar was burst open, and we never saw him since the cobwebs were brushed away.

JOHN ARMSTONG sworn.

I produce this clock; I had an order, when Mr. Athill was under examination, to go to Mr. Athill's house, where I should find a clock; I went there, and found it, and I was bound over to produce it.

Prosecutor. I am pretty positive this is my clock; to the best of my knowledge it is.

How long have you had it? - Fourteen or fifteen years.

Have you any doubt about it? - None at all.

Mr. Garrow, Prisoner's Counsel. What is the maker's name of your clock? - Smith, that is upon the plate at bottom.

Is there such a name on this? - I do not know. (Looks at it.) The name here is Ward.

Was there any number or direction? - I do not know.

Was there Smith, London, or Smith, Aldersgate-street? - I cannot say that.

JAMES RANGER sworn.

I know this clock; it is the property of Mr. Leachman; I repaired it for him; the name was Smith, but it has been broke open, and another name has been put on; the name has been taken out, I can discover that very plain; it has been filed out.

Jury. Is it a name piece? - Yes, it is.

Then it may be another name piece? - No, it is the same.

(Shown to the Jury.)

Jury. It has been fresh filed no doubt.

Mr. Garrow. That is what you call a name piece? - Yes.

It is easy to put on a new name piece? - Yes; but this is on the same name piece.

Would it not have been very easy to put a new name piece, with a new name, and in which there would have been no scratching, if any body had wished to have done it? - Yes.

Mr. Garrow to Prosecutor. It was a great while after you was robbed, before you had any intelligence at all of this clock? - Oh, several months.

How long have you known Athill? - I have known him by sight some time, but did not know what he was, any further than he told me he was a weaver.

Had Athill occasion to come to your house? - He had.

Had he been there frequently? - Yes.

How frequently before your house was was broke open had he been there? - Several times for one thing or another, but whether he had been there two or three days before, I cannot say.

Was he there frequently after the robbery? - Mrs. Athill has been there since, but I do not remember seeing him since: Mrs. Cockvine used to come there before.

You never suspected Mr. Athill of stealing your clock? - No, Sir, never.

You did not know so much of him then, as you do now? - No, Sir.

Did you ever mention the loss of your clock to him? - Never till I went to New Prison; I said I valued the clock more than any thing else; I have said so to Athill no doubt.

How near did he live to you? - Within a hundred yards, or thereabouts.

It was impossible for any body within one hundred yards not to know it? - They advised me to advertise it, but I would not.

Did Athill so advise you? - I do not know.

WILLIAM ATHILL sworn.

I delivered this clock to Mr. Armstrong.

How came you by it? - I bought it of the prisoners at the bar; they were all three present when they brought it to my house the latter end of March, or the beginning of April, I cannot be certain, it was in the night time; it was dark I think.

What part of your house did they come to you? - I have a bell at the chamber window, and I heard it ring, and I went down and opened the street door, and the three prisoners were at the door, and they had this clock with them, and some other things; and they came up to the chamber to me; there was a silver tankard, and some spoons, and a pair of salts, and several other things that I cannot recollect now; they asked me to weigh the silver, and I did, and paid them for it; then they asked me if I would buy the clock; I told them I could not pay them any money for it, because I did not know the value of it; they said they would leave it with me till I did; when they were going away, they desired me to get the things out of the house as soon as I could, for they came from a near neighbour of mine; I asked them who it was, and they said Mr. Leachman; they said they broke into the window-shutter; and Udney said he was obliged to creep over a great deal of lumber in the cellar, and his coat was all over cobwebs; I met Udney three or four days after, and I paid him fifty shillings for the clock, at the White-hart, in Webb-square, Shoreditch.

How long have you known these men? - A good many years.

All of them? - Yes.

Where was Mrs. Cockvine during this time? - She was in the room with me, but not when I paid for the clock.

Did she sleep in the same room? - Yes.

Was she up, or in bed? - She was sitting up in the bed.

She did not get up then? - No, not at that time.

You went down and let them in? - Yes.

Mr. Garrow to Jury. Do you know this gentleman? have you seen him before? - No.

Mr. Garrow. Then it was the other Jury; I must ask him a few questions for your information.

Mr. Garrow to Athill. How many trials have you been a witness on this session? - This is the third trial I believe.

On each of those trials, you told us you was a notorious receiver of stolen goods? - I own I have been very bad, and my Lord knows it.

Who is Mrs. Cockvine, is that my old client, the wife of William Athill ? - I fancy it is.

Fancy! why do not you know whether it is or no; I could tell him myself, but I am afraid, I am bound to secrecy: you told my friend the other day I believe you had been in trouble? - I did.

You have been in custody very often? - I have.

In your youth, you told him you had been very bad indeed; then you got a little better, then became very bad again for the last twelve months? - I own to the Court that I am not a person that has done right.

Do not you own to the Court that you are a person to whom no sort of credit is due? - I cannot say any thing about that.

In the course of the last twelve months, how many burglaries have you planned, and recommended.

Court. That is not a fair question.

Mr. Garrow. You gave fifty shillings for this clock? - Yes.

The full value? - I do not know.

Is it worth less than ten pounds? - I really cannot tell; I do not know the value.

This little bell at your window, it is to give an alarm in case of fire? - No, it was in case I was wanted.

Why are you a public officer? - No.

Do you mean it as the bell for thieves to ring at, when they have brought stolen goods? - They did ring at it.

How long had the bell been up? - At that time, about three or four months.

How far did the prosecutor live from your house? - How far!

Ay; is it as far as from here to Newgate? that is a distance you know? - A couple of hundred yards.

How long have you known the prosecutor? - Five or six and twenty years; I have been at his house scores of times; I never heard from him that his house was broke open; I heard it talked in the neighbourhood.

Did you give him his clock again? - No, I did not.

When for the first time did you tell it? - I told it when I was apprehended; I voluntarily delivered it.

Upon your oath, did not you discover that cock to save the life of yourself and Mrs. Cockvine? did not you know if it was found in your possession, you were liable to be indicted for the burglary? - I made a discovery as soon as I was apprehended.

Upon your oath, did not you make the discovery for fear of being hanged? - I did not do it to save my own life, nor Mrs. Cockvine's; I did not think of being hanged.

Had you ever told any body that Leachman's was a good house to do? - No, Sir, upon my oath I never did.

How lately had you been there before it had been robbed? - I cannot recollect.

Was not you there the evening of the day preceding the robbery? - No, Sir, that I was not in the evening.

Was you not there in the course of the day? - I cannot say.

Tuesday before? - I cannot say.

Had you any talk about Mr. Leachman's house with Mrs. Cockvine in your life? - Never in my life.

Did you ever say he does not keep his doors fast; it is very likely his house may be robbed? - No.

What made you go to Leachman's? - To buy bobbins.

As you are very much interested in what his Lordship has said to you, did you attend to him? - Yes.

Did you hear his Lordship observe to you, that no questions that we could put to you, could make you more infamous than your own account of yourself? - (No answer.)

I hope this is the last trial you are to come upon? - I hope so, Sir.

Court to Athill. I will say to you, in consequence of the last question that was put to you, that I hope it will be the last time, because you never can come as a witness any more, and therefore you must come as a criminal, and if you do, the world cannot save you; therefore remember, let nothing tempt you to do wrong again? - No, my Lord, never.

ANN COCKVINE sworn.

I lived with Mr. Athill; I know this clock.

How came it to Athill's house? - The three prisoners brought it six or seven months ago, as near as I can say.

By day or by night? - By night.

How got they in? - They rung a bell at the door, that leads up to the chamber window.

Whose chamber window? - In the chamber where we lay.

Who do you mean by we? - Mr. Athill and myself; when they rung the bell, we got up; Mr. Athill went down stairs, and let them in.

What part of the house did they come in? - They came in at the street door, and came up one pair of stairs where we lay.

Did you get up? - I did not, I lay still in bed; the prisoners, I cannot say which of them it was, pulled out of his pocket, a silver tankard, and two table spoons, a tea-spoon or two, a pair of salt-cellars, and this clock besides; the plate was bought and paid for, and the clock was not.

Why was not the clock paid for? - He said he was not a judge of such things, till he shewed it to somebody that was a better judge than himself.

As it was not paid for, did they leave or take it away with them, till it should be paid for? - No, they left it.

Was it paid for? - I cannot say, I did not see the clock paid for afterwards.

Had you any knowledge of these men before? - Yes.

Which of them? - A ll three of them.

Mr. Garrow. I have only one or two questions to ask you; how long have you lived with Athill? - Fourteen or fifteen years.

You have known all his dealings exactly? - Yes, I was not present when the money was paid; I heard mention where the clock came from.

How many clocks had you when he was apprehended? - Only this and a little one in the kitchen.

What reason did he give you for his keeping this? - No reason.

Did he not tell you it would be convenient to have a piece of evidence against these men to save his life? - No.

Who christened it? - I do not know.

Was it done at home or abroad? - I believe it was taken out.

Who performed that operation? - I really do not know.

Was this clock at home when he was taken into custody? - It was not.

Where was it? - At an acquaintance's.

Who is that acquaintance? - Why, Sir, he is a good way off from here.

I do not care where he is, I want to know who he is? - It was at my sister's husband's.

Where does she live? - Down at Shadwell; his name is John Tindall , he never was in trouble an hour.

It was at her house when you was taken in custody? - It was, I sent for it; I took it home myself from their house, nobody desired me to take it, I took a coach and took it home from my sister's.

Was it christened before you took it to

your sisters? - Yes, it was; it had been there three or four months; I had not made a present of it, I gave it her to see if she could find a customer; my sister is dead and buried, she kept a chandler's shop; he is a waterman and lighterman.

So you thought that a good situation to get a customer for this clock? - I do not know.

How long was it at home? - Not a week in all.

Who told you it would be better it should be found at your house than at any other place? - Nobody.

Upon your oath did not Athill tell you so? - He did not ever upon my oath.

Did not he mention it till he was in custody? - I do not think he did; I was bailed out because I had two children dying.

Did you find any of the plate? - No, Sir, it was sold; I have been at the prosecutor's house many times for some bobbins when I wanted them.

How long is it since this house was done, that you and Athill had the conversation about the fastenings? - I never had any conversation about the fastenings, I did not know any thing at all about it's being done, not before the prisoners told me, when they brought the things, that they had done it just before they came; I heard the conversation pass, I recollect it perfectly.

PRISONER KENNEDY'S DEFENCE.

I am innocent of it; I know nothing of the people, I never saw them in my life.

What have you been? - A weaver; they might know me by my father's working in the parish.

Court. Can you satisfy the Jury by irreproachable witnesses that you have borne a good character; you cannot be expected to shew where you was at that time, it is too long ago? - I have three people attending here.

(Called but nobody answered.)

PRISONER UDNEY'S DEFENCE.

I think this man is more likely to do a robbery than me; my friends are in the country; I have been a weaver but have since been a waiter.

The prisoner Udney called one witness to his character.

PRISONER GRENON'S DEFENCE.

I am as innocent as a child unborn.

ISAAC KENNEDY , JACOB UDNEY , SAMUEL GRENON ,

GUILTY , Death .

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

Reference Number: t17861025-39

796. ELEANOR YOUNG was indicted for feloniously stealing on the 4th day of October , four pair of pattens, value 3 s. the property of Joseph Serjeant .

Joseph Till took the prisoner with the pattens.

GUILTY , To be privately whipped , and imprisoned six months .

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

Reference Number: t17861025-40

797. GEORGE CLEMENTS was indicted for feloniously stealing, on the 25th day of October , one smock frock, value 2 s. one shirt, value 2 s. one pair of trowsers, value 12 d. one waistcoat, value 12 d. one pair of worsted stockings, value 12 d. and an hempen bag, value 1 d. the property of Elizabeth Warner .

The prosecutor not appearing the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-41

798. WILLIAM THOMPSON and JOSEPH THOMPSON were indicted for burglariously and feloniously breaking and entering the dwelling-house of Jane Layton , spinster , about the hour of one in the night, on the 31st day of August last, and burglariously stealing therein six silver

table spoons, value 30 s. five silver teaspoons, value 8 s. a silver candlestick, value 21 s. a silver cruet-stand, value 20 s. two silver salt-holders, value 30 s. two silver salt-spoons, value 2 s. a silver ladle, value 2 s. a punch ladle, value 5 s. a linen gown, value 12 s. and a gauze toilet, value 6 l. her property .

MARY KING sworn.

I live in St. George's-row, through Oxford-street Turnpike , with Mrs. Jane Laton , as her servant; she keeps the house.

How many have you in family? - Five.

Who are they? - My mistress, three young ladies, and myself; our house was broke open; I do not know the day of the month; it is two months ago next Friday; I came down in the morning about half past five, it was quite day-light, I found the house broke open, the garden door that goes into the parlour was broke open, I found the bar on the floor and the staples broke out, the door had been drove open, the staples drove out, and the bar thrown down.

Was you in that room that night? - Yes, I shut up all the house before I went to bed, and that door in particular, it was safe when I went to bed; I cannot rightly tell what my mistress lost.

Did you miss any thing? - I missed the plate off the side-board, and a tablecloth.

Was the side-board in that parlour? - It was next to that door which was broke open.

Can you mention any pieces of plate that was lost? - I missed the spoons and the salts, the breakfast cloth and the tablecloth; I missed four tea-spoons and the cream pail, and a ladle, off the tea board.

Where did the tea board stand? - On the dresser in the back kitchen.

How did they get into the back kitchen? - They came out of the parlour into the back kitchen.

You did not hear them in the night? - No.

You do not know who did this? - No.

Do you know any thing of either of these two men? - No.

JOSEPH BURGESS sworn.

I was in company with the prisoners at the bar the latter end of August, I think the 31st, they said they were going towards Paddington that night.

Where was you in company with them? - At the lodging of William Thompson at No. 7, Lambeth hill; I saw them again two days afterwards, and they said they had got into a house in St. George's-row, and were in the house some time; they said they eat some mutton or lamb there; they said they had taken out some things that fetched them eight or ten pounds, what things I know not, any more than some India painting that I saw afterwards, which they shewed me, gauze or something of that kind; they asked me if I knew what it was, I told them I did not; they said they would take it down to Mr. Ephraim in Off-alley, in the Strand; and one of them asked me if I would take it in my pocket; I took one of the pieces in company of William Thompson , and there I left it; I saw no more of it till I saw it at Sir Sampson Wright's on Wednesday last.

What are you? - Why, Sir, I am not in any business now, I sometimes go out to wait at different places.

What have you been? - I kept a public house in the city, the Blue Last in Distaff-lane.

How long have you been out of business? - Four years out of that business, but I have been since in the fish business.

How came you acquainted with these men? - I have known one of them for three years and upwards.

I observe you do not charge yourself with having been out with them? - Never.

If you did not sometimes run the same risque with them, I should be glad to know how they became so communicative to trust you with a story that would hang them? - I was in company with William

Thompson promiscuously; I was asked by a person to take part of a supper; which I did, and whilst I was taking part of that supper some of Sir Sampson Wright's people came in, and took a person prisoner of the name of Hamilton, and Mr. Thompson got away, and I walked away, I did know what was the matter; after that I had not seen him for two years till I saw him in the Temple, about two months ago; he has told me of his practices before.

Now, how have you got your living since? - As a waiter at different halls.

What halls? - Why, Mr. Angel, the cook, often employs me, he knows me very well; I lived at Cordwainer's hall with Mr. Athawes' eleven years.

Mr. Angel does not know you kept company with Thompson? - If he was here, he would give me a very good character; I suppose if I had had them taken I should have bore as bad a character or worse.

JOSEPH EPHRAIM sworn.

I live in Off-alley, Strand, No. 1.

What business are you? - I am a jeweller.

Was there a piece of gauze found at your house? - On the 1st of September, William Thompson and Joe Thompson came to my house with some plate and offered it for sale, I bought it of them; about two days after they brought some painted gauze India painting.

Who brought it? - Mr. Burgess brought one piece, and Bill Thompson came with him; here it is.

How came it here? - I brought it here.

Has it been in your custody ever since? - Yes.

What became of the plate? - Why, I made away with that.

In what manner did you make away with it? - Why some I worked up and some I turned into money.

What do you call working up? - Why for use; we have jobs at times, and I have occasion for a little plate.

Did you melt it, do you mean that? - Yes, Sir, I melted it.

How much of it might you sell? - About thirty ounces.

Who did you sell it to? - I do not know in particular; I had people come sometimes which I oblige with two or three ounces and so on.

Can you specify what particular pieces of plate they were? - Yes, there was a cruet-stand, a pair of salts, four or five table spoons, four or five tea spoons, a punch ladle, and two odd bottle-stands, I have one of the salt spoons now, there were three salt spoons to the best of my knowledge.

Have you any thing more to say? - Nothing more.

So of the plate you have only that one spoon left, and this gauze? - Nothing more.

How did it come out that you had got this gauze? - My Lord, Mr. Jealous and Carpmeal came to my house, and desired I would go up to Sir Sampson; and when I came there upon reflection I thought it necessary to bring this robbery to light?

How long have you known Burgess? - About two months; between two or three months, pretty nigh as long as I have known Thompson, within a week or a fortnight.

Did they generally come together? - Generally.

Have you dealt with them both? - Yes.

Why, Mr. Burgess tells me he is a very honest gentleman? - I do not know how honest he may be, but they never went to do any robberies that ever I could hear of, but what Burgess used to carry the tools for them, both out and in; William Thompson came with Burgess with the gauze.

Prisoner Thompson. Ask him what he has been for these two years; he is a person that was concerned at the Moorfields riot; he was confined five years for that; since that he has been sent down to the ballast lighter.

Court. Have you been at the ballast,

Mr. Ephraim? - A twelvemonth, my Lord.

I am afraid it will not end there; your fate will be to come to the gallows I doubt? - I am not afraid at all my Lord; I have done nothing since.

THOMAS TING sworn.

There was an information came that William Thompson , whom we call carrotty Thompson, was at Ephraim's house; we went down there and took him, and we brought him up to Sir Sampson's; I found nothing upon him; I know nothing more.

Jury. Would your Lordship please to ask the maid what she found in the garden.

Court to King. What did you find in the garden? - Tinder and matches, and a bit of flint, or stone, or something.

Did you observe whether any thing had been eat? - Yes, my Lord, a roast loin of lamb had been cut.

Do you know any thing of that gauze? - No, I never saw it in the house; I found the drawer open where it was taken from, as I heard my mistress say; that was a drawer in the bureau, in the dining parlour.

JANE LAYTON sworn.

She being deaf, ELIZABETH HADDOCK spoke in her ear, but she answered herself.

Do you know that piece of gauze? - Yes.

Whose property is it? - Mine.

How long have you had it? - Ten years.

Where did it use to be kept? - In the bureau drawer in the parlour.

When did you lose it? - I lost it when the house was broke open.

How long before that had you seen it? - I cannot recollect; not long.

Had you seen it within a week or a fortnight before? - About six weeks before.

Had you any occasion to open that drawer? - Yes.

Did you see a parcel lay in the drawer like that wrapped up? - Yes.

How long before the house was broke open had you opened that drawer? - I cannot say, it might be six weeks or a month.

How long had the piece of gauze lain in the drawer? - Three months.

Are you quite sure it is your gauze? - There may be duplicates of the same; it looks like mine; I believe it to be mine.

There is no particular mark upon it? - No.

Is there any mark upon it which you know it by? - It was papered with lawn paper, but that was taken off; it never had been made up.

Look at that salt spoon? - I know this.

Is there any mark upon it? - Yes.

What is the mark? - I. L.

Was that spoon lost the night that your house was broke open? - Yes.

Where did that salt spoon use to be? - On the sideboard with the other salts.

How many salt spoons did you lose that night? - Two.

How many table spoons? - Six.

How many tea spoons? - Five I believe.

How many candlesticks? - One small candlestick.

Any cruet stands? - One solid silver cruet stand.

Any cruet top? - The top of another cruet stand.

Court to Ephraim. Can you describe any of the marks on any of the plate? - I. L.

On all of it? - All in general.

To Prosecutrix. How was your plate in general marked? - I. L.

Was there a mark of I. L. on all this plate that was lost? - Upon the silver casters; at the bottom of the casters.

On any more? - The spoons were marked I. L.

Prisoner Joseph Thompson . Mr. Ephraim said he had three salt spoons; the gentlewoman says, she only lost two.

Ephraim. To the best of my knowledge, I said, the plate was so broke that I could not tell whether there was two or three salt spoons.

Prisoner Thompson. I am not guilty; this Mr. Burgess is a very bad man, and bears a very bad character indeed.

Court. Can you shew that you bear a good one, that will be the best contradiction; and if he is so bad a man, how came you to be found at Ephraim's house in company with him? - I called there and he asked me to drink a glass of brandy, and then he sent for people to take me; Mr. Burgess came to me seven months ago, and he asked me if I would go and rob Cordwainers hall; I told him no, I was going to work; and I met him about six weeks after in the Temple, and he asked me then if I was at work, and I told him, yes; and he said he had got a good job for me to do; and he asked me, if I would go and rob (God bless my heart, I have forgot the name) it is an office in Bell-yard, the Bankrupts office; I told him, no, I would not, I was going to work; he said, he had several jobs for me to do in the city, if I would do it; I told him I would not.

What is your way of living? because all this is of no use to you; if you had been a man of any character, he would not have proposed to you to go robbing? - My Lord, I am a carpenter by trade.

Can you satisfy the Jury that the story that Burgess has told is false? - My Lord, I have not a friend in the world.

Why if you was an honest industrious man, and was going to work at these times, there would be people enough to give you a character? - I worked last with a Mr. Waters, in Ivy-lane, Smithfield.

JOSEPH THOMPSON 'S DEFENCE:

I have nothing to say; I do not know any thing at all about this robbery.

WILLIAM THOMPSON , JOSEPH THOMPSON ,

GUILTY , Death .

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

N. B. Joseph Thompson was tried this session for another burglary, and capitally convicted.

Reference Number: t17861025-42

779. JOHN WHITE was indicted for burglariously and feloniously breaking and entering the dwelling house of David Brownley , about the hour of one in the night, on the 5th day of October , and burglariously stealing therein, a mahogany knife tray, value 1 s. a table, value 10 s. nine knives, value 2 s. and twenty-one forks, value 4 s. his property .

DAVID BROWNLEY sworn.

I live at No. 4, South-street, Mary-le-bone ; I keep a public house ; on the night of the 4th of October, when I went to bed, I made the house fast and secure, about half after ten; and I was called up at five in the morning.

Was it dark? - It was beginning to be light; then I was informed my house was broke open; I came down stairs and found my house was broke open, and the shutters beat to pieces, of the room at the bottom of the house; on the first floor, in the front room, we found the sash had been wrenched up with a pick seemingly; the shutters were on the inside; I had the sash well secured down with two brass screws, which are here; after the sash was wrenched up, the pick was put in just under the bar, and there was a very deep impression upon the shutter with the pick; it had been wrenched very strong; it could not be broke easily; after the pannel was in two, the prisoner had put in his arm and pulled out a strong iron spike, and then the shutter was at liberty; I lost a table, nine knives and twenty-one forks, and a knife tray; and the cuttal of the window was found in the prisoner's pocket by the constable of the night; the prisoner was taken up by the watch; he told me there was a man taken up with such things as I had lost; I went to the watch-house and directly saw they were my things; the prisoner was in custody, and all the things.

JOHN WILSON sworn.

I am serjeant of the night of Mary-le-bone parish; when the men went off at five in the morning of the 5th, I was going up Portland-road, and I saw the prisoner come down Portland-road with that table on his shoulders, and a knife tray in his hands, and I observed something in his pocket; I asked him where he had fetched that table from, he told me from Mr. Gibbons's; I asked him where he was going with it; he said, to Carnaby-market; I told him he was not such a stranger in the parish, but he knew we had particular orders not to let any thing be carried in watch hours, but what should be examined into; he said, he had a right to get a shilling; I took him from Portland-road, as far as Cavendish-square, till I came to the end of old Portland-stree t, when he threw the table at me and tried to make his escape; I sprung my rattle, and Thompson, a watchman, came out of Oxford-road, round the corner, and he made his escape into Red-lion-mews, in Portland-street; there we followed him and took him again; in the time of running down the Mews, he tore off his pocket, and as we were just taking him at the bottom of the Mews, and he threw down those knives and forks, which were in the bottom of his coat, and the cuttal of the window was in his pocket with the knives and forks; when Mr. Brownley saw it, he said, it was what he had fastened the window with. (The knives and forks produced and deposed to.) This is the pocket of his coat which I saw him tear off. (Deposed to.) Nobody else was in the Mews.

Prisoner. Why did not you produce that cuttal at the Justice's? - It was produced, the book at the Justice's will satisfy that it was.

Prosecutor. The Justice had it in his hands.

PRISONER's DEFENCE.

My Lord, that morning one George Gibson came to me at five, and said, he owed some rent, and I went to help him to move, and he gave me some things, and told me to take them to the Butcher's Arms, in Carnaby-market; he said, he should follow; I told the prosecutor the same when he took hold of me; I know no more of the house being broke open than the child unborn; I have not a friend in the world; I get my living by jobbing; I live close by the prosecutor; he knows me very well.

Will he speak for you? - I dare say he will.

Court to Prosecutor. Do you know any thing of him? - He lives with a parcel of people of very bad character; and he has a very bad character himself.

GUILTY , Death .

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

Reference Number: t17861025-43

800. ROBERT BEALE was indicted for feloniously stealing, on the 10th day of September last, one bay gelding, price 20 l. the property of Hemmings Laver .

HEMMINGS LAVER sworn.

I am a farmer ; I live at Stamford Leehope, in Essex ; I lost a sorrel gelding, black tail, and mane, out of my pasture ground, close by my own house; I missed it on the 11th of September in the morning; I saw it over night; I found him in Clerkenwell, in a stable; I am sure it was the same I lost; I know the prisoner; he did some harvest work for me; he was a stranger to me before; he was in my neighbourhood on Sunday morning; but I did not see him.

JOHN MINSHALL sworn.

I led the horse to the Justice's, and he was advertised the next day with five pounds reward; and I went to inform the prosecutor of it.

How came you by the horse? - Mr. King had charged the constable with the prisoner on suspicion of stealing it; I was at Beggars-bush fair; I led it to the Justice;

we went to Mr. Blackborrow's; he was put up at livery, at Mr. Smith's, in Ray-street, Clerkenwell.

JOHN KING sworn.

The prisoner had this horse to sell at Beggar's fair; he offered him to sell to me; he asked fifteen guineas for him; he rode him up and down, and we made an agreement for ten pounds; after that I had a suspicion that he had stole it; I did not pay for it; and I says, look you here, if you know any body hereabouts that will give you a character that you come honestly by him, you shall have your money; he said, he lived so far off he could not come at any body; a man offered to sell me a horse, and the prisoner looked out of the window, and he said, no, he is too big, he is snotty nosed; then I offered to sell him a little horse for three guineas, and a gentleman came in, and he said, King, be careful, and not let that man go; and somebody said, I could not stop him without a warrant; then the prisoner said, I will be d - nd if I stopped him; I sent for a constable; this is the same horse that Minshall took away.

Prisoner. I bought the horse at Harley-bush fair, on the 11th of August.

Have you any witness of that? - No.

Have you any body to speak for you, to give you a character? - No.

What account do you give of yourself, what have you been? - I am a weaver by trade.

GUILTY , Death .

Mr. Akerman. My Lord, here is a letter and a receipt on a stamp, for the horse; the prisoner begged I would give it into Court.

(Handed up to the Court.)

Court to Prosecutor. Is this your letter? - I have not seen it since I came here.

Did not you write this letter to this man, telling him, if he could raise the money to save your recognizance, you would not appear against him? - No, my Lord.

You wrote something very much like it.

(Reads the letter.)

"I received a line from your hands,

"signifying your wish that I should not

"appear against you, but as I am bound

"in a bond of forty pounds, I must, without

"you have friends that will discharge

"my recognizance, and make up my loss;

"I have not the least objection to hold

"the hand of mercy out to save the life

"of any man; though I cannot think

"you innocent; and it is very hard that

"men should be rifled of their property."

Court. It was not a very wise thing in you to write such a letter, nor an honest thing, it was selling mercy for forty or fifty pounds, not recommending it; does it become a man do you think that means to protect his property, and that of other people's by prosecuting, to behave in such a manner? you have acted very ill, and very foolish indeed; let this letter be put into the Recorder's hands.

(The letter and receipt given to the clerk of the Arraigns, to be shewn to the Recorder.)

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

Reference Number: t17861025-44

801. JOHN TAVERNOR was indicted for feloniously stealing, on the 9th day of October , two glass lamps, value 3 s. ten pounds weight of glass, value 1 s. the property of Joseph Lucas , and Christopher Spencer .

EDWARD WESTON sworn.

I am a watchman in New Cavendish-street, to the Dean of Windsor; his house is in Harley-street ; between seven and eight on the 9th of October, the prisoner took a lamp lighter's ladder from the Dean's wall; I saw him take it, and he took down a lamp directly that was out; I thought at first he was taking it down for safety; then I saw him take down two more; he had another with him; and they went into the field; in half an hour they

returned with the ladder; I stopped the prisoner with one lamp, and the broken glass; he said, he was a lamp-lighter.

Thomas Tuckey Deposed to the glass, being marked.

(The lamps deposed to by Mr. Moore, and Mr. Chard.)

Prisoner. I was in liquor; I know nothing about it.

Court to Weston. Was the prisoner in liquor when you took him.

Chard. He owned it before the Magistrate.

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

GUILTY, 10 d .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-45

802. ANN the Wife of WILLIAM WHITTAKER was indicted for feloniously stealing, on the 14th day of September last, two linen sheets, value 3 s. 6 d. three shifts, value 2 s. 6 d. an apron, value 1 s. two table cloths, value 3 s. two pair of stockings, value 2 s. 6 d. two frocks, value 2 s. 6 d. a handkerchief, value 1 s. 6 d. the property of Isaac Solomons .

The prisoner was servant to the prosecutor, and she was taken with several of the things upon her, the rest were found at the pawnbroker's.

Prisoner. I had been drinking; I intended to get them again.

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

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-46

803. MARY HOPKINS was indicted for feloniously stealing, on the 25th day of September last, one velveret waistcoat, value 6 s. the property of John Norton , privily from his shop .

ANN CROW sworn.

I took the prisoner four doors off with the waistcoat upon her.

GUILTY, 12 d .

Whipped and imprisoned six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-47

804. WILLIAM TUCKEY was indicted for feloniously returning from transportation, and being found at large on the 17th day of September last, without any lawful cause .

JOHN FLETCHER sworn.

This is a certificate I received from Mr. Shelton, of the conviction of William Tuckey , and Francis Gardiner .

Is that Mr. Shelton's hand writing? - Yes.

(Read.)

GEORGE FORRESTER sworn.

I know the prisoner.

Do you know whether he is the person that was tried here with Gardiner upon an indictment for stealing coals? - I was not here when he was convicted; I only took him at his mother's concealed in a closet, on Sunday the 16th of last month; I remember he was committed from our office.

GEORGE OLIVE sworn.

I know the prisoner; I was present at the taking of him when he was convicted in this Court.

Was you present when he was convicted? - Yes.

What was he convicted for? - For a quantity of coals.

Who was he convicted with? - I cannot recollect.

Whose coals were they? - Mr. Wright's.

What session was it at? - I think it was in April, or May, 1787, to the best of my knowledge.

WILLIAM ELBY sworn.

I know no further than apprehending Tuckey, in March session I believe it was; I mean the first time; this man was tried for stealing Mr. Wright's coals; I was present when he was tried; I found him at large with Forrester and some more, at his mother's.

JOHN OWEN sworn.

I am servant to Mr. Akerman; the prisoner was tried in April 1784, for stealing coals, with one Francis Gardner , the property of William Wright ; for that offence he was ordered to be transported, after that he had a pardon on condition of transporting

himself, and he was delivered upon that condition, he was discharged by Mr. Akerman in consequence of that.

Mr. Garrow to Mr. Forrester. You had no information that he was doing any mischief? - None at all, only that he was come home, and that we found him at his mother's.

PRISONER's DEFENCE.

Please you, my Lord, our ship was homeward bound the 13th of May, 1784; I was discharged from Newgate on the 23d of May; I went to Ostend, from thence to South Carolina in America, from South Carolina I went to Antigua, and from Antigua I came home; I shipped myself on board of a ship, the British Queen, going to Greenland; I proceeded on the voyage and came home; then I shipped myself on board the ship called the Emmett, bound to the South Seas, and in the passage home I was cast away on the coast of Ireland, and a brig belonging to Dublin took us up, there were only five of us saved out of seventeen; the brig that picked us up was called the Lion, Captain Jennings , and from Dublin I got my passage to Liverpool, I staid there for a while, and got my passage to Gravesend, and from Gravesend I shipped myself on board the Mary, Captain Bell , bound to Greenland, and I came home in the same ship; on my homeward bound passage I heard of my father's death, and that my mother was left in great distress; with a few pounds I had earned by my industry, when I came to Deptford, I went home and gave some money to my mother to assist her; I had not been at home above a week and three days, and during the time I was at home, I never was out of my mother's house once, and I had got a ship on the Sunday morning I was apprehended, and on the Monday morning I was going away to Guinea for the space of three or four years; I cannot tell how long the ship was going for.

Mr. Garrow. Inform my Lord who was going to ship you on board that Guinea ship? - Mr. Robert Stratton .

Court. How much of this are you prepared to make out in fact? - We have Captain Bell and Mr. Stratton.

Court. That will rather apply in the shape of a recommendation, because he has been in this kingdom by his own account several times.

GUILTY , Death .

After the sentence was passed Mr. Stratton was examined.

ROBERT STRATTON sworn.

I am a lighterman and waterman; I know the prisoner, I have been informed that he understood his father was dead, and his mother in great want; last August application was made to me as attending a vast number of vessels bound to Africa, by his brother and brother-in-law, to get him a ship to go to Africa; I asked one Captain Swann of the brigg Favourite to take him, and he informed me he would take him; he was stationed on the coast of Africa for three years, by the time the ship got to Blackwall he was apprehended.

Court. He was not actually shipped, nor had he signed the contract? - No.

Was there any time fixed for him to go on board? - As soon as convenient he was to be there.

How came he not to be on board? - He was apprehended before the vessel got there.

Do you know it was seriously intended that he was to go on board that ship? - Yes, my Lord, I know it was seriously intended that he should go on board that ship.

Did you see this Captain after this man was apprehended? - I saw him by going with the vessel to Blackwall, and he asked me where the young man was that was to go with him, and I told him he was apprehended; it was my intention to have got a note from the Captain, but he is gone abroad.

Mr. Garrow to Fletcher. Have you made

enquiry how he spent his time? - Yes, I have, I was informed he went abroad within the time limited, and I verily believe he has been at sea, he has been in an honest way; I do not believe he has been in any scrapes, or had any implements of housebreaking.

Mr. Garrow. My Lord, Captain Bell is not here.

Court. If Mr. Bell comes I will hear him: This man's case shall certainly shall be represented.

The next day Captain Bell attended, and informed the Court, that the prisoner went with him two years to Greenland, and returned the 26th of August last, that he behaved exceeding well on board his ship, and did his duty, and he had no objection to take him with him again: he said he lived at No. 25, Shakespear's Walk, Shadwell.

Court. If his Majesty should think proper to extend his mercy to him, he shall be sent to you.

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

Reference Number: t17861025-48

805. JAMES RUDD and JAMES GIGGS were indicted for feloniously assaulting John Turner , on the 19th day of October , on the King's highway, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a silk purse, value 6 d. six guineas, value 6 l. 6 s. a leather pocket-book, value 1 s. a knife, value 6 d. a felt hat, value 4 s. a leather shoe, value 1 s. a stock, value 1 s. and a stock buckle, value 2 s. his property .

JOHN TURNER sworn.

I am a haberdasher in Bishopsgate-within; a fortnight ago, I believe it was the 19th, I was robbed; I should suppose it was not quite eight in the evening, I cannot tell to half an hour; it was about two mile on this side Harrow on the Hill , I was walking on foot, no person was in my company but the prisoner Rudd, he was going to shew me a public house near the Black Horse, where he thought I might get a lodging.

How came you there at that time of night? - I had been at Brentford the day before, and I came to North-hall and then to Pinner, and then to Harrow; the people at the Swan told me their bed was taken up, and they could not accommodate me with a bed, but thought I could get a bed at the Black Horse, a house about half a mile distance; the two prisoners sat drinking in the room, I called for something to drink; I believe I might be in the house half an hour or three quarters; Rudd told me he was going that way, and he would shew me where the Black Horse was, as I was a stranger; accordingly he went out with me for that purpose, and I had not walked with him but a little way, but a few minutes, before I received a blow which deprived me of my senses, nobody was with me then but Rudd to the best of my knowledge; when I came to my senses I found my hands tied behind me, and my legs tied together, then I perceived Giggs on my left hand and Rudd on my right; they beat me very much, beyond what I am capable of saying, they beat me several times, I believe it might be ten minutes before I was robbed, or some such distance of time, I cannot be exact; Giggs unbuttoned the waistband of my breeches, and took my purse out of my right hand pocket, my penknife out of my left hand waistcoat pocket; there was six pounds odd shillings in my purse, as near as I can recollect it was six pounds five shillings.

In what money? - In gold and silver.

How many guineas? - I cannot be exact, there were some guineas, some half guineas, some shillings, and some half-crowns.

What sort of a purse was it? - A silk purse with some orange in it, and the inside of it at one end is lined with some linen; they took some papers out of my left hand pocket, giving an account of the price of pins, my pocket-book was also

taken out, my shoes were taken off, and my hat, stock, and stock-buckle.

What happened then, Sir? - Nothing but beating, that I can recollect particularly.

What did they continue beating you after they had robbed you? - Yes, it appeared to me to be a club; one of the sticks that they beat me with I have great reason to believe was the stick I walked with.

Was you struck with more sticks than one? - I received their blows with a stick with a club at the end, which seemed like the stick I walked with; Giggs was on my left hand when he beat me with the stick; I do not know what Rudd struck me with, but he struck me several times; I remained in this situation till one of them went away, that was Rudd, the other continued beating me till the landlord and landlady from the Swan came to my relief, then Giggs was standing by me; the landlord unbound me and conducted me to their house, where I staid all night; when they came up Giggs was close to me.

Did he stay there? - A very little time; the landlord and he had some conversation, then he went away.

Did Giggs go away before yo u was unbound or after? - I believe he did, I will not be particular.

Did the landlord speak to you before he unbound you? - I cannot say; I spoke to him, I asked him whether they were people of that place; he said, yes; I begged of him for God's sake to unbind me, they unbound me and conducted me to their house.

Did you receive any personal hurts by their beating? - Very bad, my Lord, so that nobody could suppose that I could survive it, in my head, my shoulders, my arms, my eyes, I am under the surgeon's hands now.

Was you sober or in liquor? - I was sober at the time; I do business at North-hall, and at Harrow, and at Pinner; I could not get a lodging at Harrow, I called at one house there, Mr. Foster's: after he had taken my knife and unbuttoned my breeches, he cut off a part of the waistband, and cut off my pocket; and just as he had cut of part off my breeches, he took hold of my private parts with the knife in his hand.

What, as if threatening to wound you? - I expected it, but I received no wound there.

Which of them did that? - Giggs; I have my breeches and my shirt in Court.

Did they say any thing at the time they did that? - They had a great deal of conversation, but I was so beat about the head I cannot recollect the discourse.

Did they give any reason for that? - No.

Did you and Rudd go out of the public road? - No, this was on the turnpike road, or on the grass adjoining to the turnpike road.

Mr. Garrow, Prisoner's Counsel. Mr. Turner, where did you say you lived? - In Bishopsgate-within.

Are you married or a single man? - Married.

Your wife lives there? - Yes, in Clark's Court, Bishopsgate-within; I keep goods there sometimes; I have part of a house.

Are you the housekeeper? - We are lodgers.

With whom do you lodge? - With Jonas Gandell , I have lived there about four months.

Have you lived in London long? - About two years.

Did you ever keep house in London or a shop? - Never.

How long had you been from home when this accident happened? - I went out of town on Wednesday about four.

Where might you lay on Wednesday night? - At the Red Lion at Brentford; I was at North-hall, three miles from Pinner, I walked from Brentford to North-hall, from thence to Pinner, and thence to Harrow, and from thence to the place where this happened; I was very sober, I had not been drinking at all.

How many miles do you take it to be? - I do not know.

Is it two or twelve? - It is not twelve.

Is it five? - I cannot tell.

Is it three? - Yes.

Is it four? - I cannot tell.

What time did you leave Brentford? - In the morning between ten and eleven.

Where did you dine? - At a village between Brentford and North-hall; I do not know the name of it, it is near a common near the main road.

How many miles from Brentford? - I do not know, I never was that way but once before; I believe it is three or four miles; I had no business there, I dined there.

What time did you get there? - I do not recollect, it might be between eleven and twelve, or some such time that I dined, I bought half a pound of sausages at Brentford.

What time did you arrive at the Swan at Subury Green? - I do not know.

Had you ever been at Sudbury Green in your life before? - Once before.

At the Swan ever? - I called there once; I do not know the sign at Harrow where I applied for a lodging, it is kept by one Foster; I suppose it was a little six, it was a very clear evening.

Closing in by that time I should think? - It was clear enough for me to see any body.

That was not the object of my question; you asked no where else but chose to walk on to Sudbury Green? - I went out with the prisoner Rudd.

You had a stick? - Yes.

How did you carry it, under your coat? - No.

Do you recollect any conversation of this sort, that if he would go with you and be your mate, you would give him nine shillings? - No such thing.

You told my Lord that when the landlord and landlady came to you that Giggs was there? - Yes.

Did not you instantly say to the landlord, for God's sake secure that villain, he has been murdering me almost? - No, I did not.

Who fetched the landlord and landlady? - I do not know.

Upon your oath, did not Rudd fetch them, and do not you know it? - I did not see Rudd there the next morning; he was gone long enough to fetch the landlord and landlady.

Do you recollect striking Rudd at all? - No, I did not.

Will you swear you did not? - Swear, I did not if I had not a moment to live; I swear that positively, not at all.

Now you describe the cutting of your clothes, and another act which you described; what conversation passed previous to that? - There was a conversation between them, but I cannot recollect what it was.

Do not you recollect what Rudd said to Giggs about you before that? - No, I did not; I heard them converse together; I must hear them speak, but I cannot recollect what they said, I was very much intimidated.

How long had you been drinking with them? - I did not drink with them; I asked the landlord if he knew these two men, for I did not like the looks of them; he told me they were neighbours which he had known many years; I thought myself very safe as they were very well known in the neighbourhood; he did not recommend them.

It was perfectly well known in the house that Rudd was gone out with you? - Rudd desired Giggs to leave me; Giggs replied with an oath he would not.

What expression was used? - He said let us leave him.

What was said besides? - It was let us leave him.

Upon that he went away, and Giggs staid there doing nothing till the landlord came? - Yes.

Did you cry out at all? - I did not cry out much; I said, for God's-sake do not murder me.

How far had you got from the house? - Some little distance, it might be two or three hundred yards.

Did not it occur to you that it was right to call out for assistance? - It did not, he had left off beating me when the landlord came.

Did either of the prisoners go back with you in the course of the evening? - Not that I heard of; I saw them the next morning in the parlour, in the custody of the constable; I was not at their apprehending.

TIMOTHY LOVELL sworn.

I keep the Swan on Sudbury Green; I saw the prosecutor before.

What was his business, did he come to drink? - He came for a pint of ale.

Was he alone or with any body? - By himself.

What time did he come in? - Betwixt six and seven, as near as I can tell; he asked me if he could lodge with me; I told him he could not; I told him my beds were full; a neighbour in the house told him he might get a lodging at the next public house; I told him where that was, at the Black horse on Sudbury Green.

How far was that off? - About half a mile back, towards Harrow; the prosecutor wanted somebody to go with him, and Rudd said, he would go with him if he would give him a glass of any thing.

Was it dark? - Yes, it was star-light; then the prisoner Rudd said, he would go; Turner called for a pint of gin hot, and treated him; they drank and set off together; it was then near upon eight.

Was Rudd a neighbour of yours? - Yes.

Where did he live? - At one Mr. Joseph Hodson 's, Sudbury Green; Giggs sat in the same room drinking.

What is he? - He is a day labourer; he worked at the same place; he was thrashing for one Mr. Jones.

Were Rudd and Giggs in company together? - Yes, they were drinking together.

Now you say that Rudd and the prosecutor went out together? - Yes.

What became of Giggs? - He went out soon after.

What happened next? - In about an hour and an half, as near as near as I can recollect, James Rudd came back again with a hat, and a shoe, and a pocket book; he called to me and told me that he had taken a footpad; I asked him, where? he told me the man that went out with him; I let him in, and my wife looked at the pocket book that he brought back, and there was one John Turner 's name, the place where he lived, Bishopsgate-within; we told him we thought he had been using the gentleman ill; he said, he had not; and we told him if he had not, to take the things back again, and to ask the gentleman's pardon, and let him go about his business; so he went out of the house directly; my wife and I went out soon afterwards, and listened to hear if we could hear any thing, and we could hear talking up the road; my wife and I went up and found the gentleman with his hands and legs tied.

Standing or laying? - Laying on the ground in the public road, by the side of the high road from London to Harrow.

How far was it from your house? - I cannot say, Sir, justly; it might be three hundred yards.

Was there any body near him? - Yes, Giggs was standing by him with a stick in his hand.

When you came up first who was the first person that spoke? - I said to William Giggs , I am sorry to see you use a stranger in that manner, and his answer was, what did he go to rob Rudd for? and the gentleman asked me, if I was a neighhour in the place or no; and begged of me to release his arms, which I did.

How were they tied? - With a garter; with James Rudd 's garter; he owned it was his garter.

Were his legs tied? - Yes, his legs were tied with a thong; I lifted the man up directly; Giggs was standing by all the time; my wife picked up his pocket book and his stock buckle, and both his shoes, and my wife and I led him home.

What became of Giggs? - He went to his home I believe; I do not know what became of him afterwards.

What answer did Giggs make you when you told him you was sorry to see him use a stranger so? - He said, what did he go to rob Rudd for?

Was that all? - That was all; when I got him back to my house I sent for a neighbour to sit up with him, and I put him to bed; he appeared to be very much hurt at first; he could not see; the bruises was all on his face and very bloody.

Did he complain of any other part? - They beat him about his shoulders and arms very much; I saw them the next day; they were very much bruised.

Had he any money when he came to your house first? - I never saw any money or purse; he complained when he was brought back that they had taken his money from him.

How soon did he begin to complain of their having taken anything from him? - Not till he got home.

What account did he give? - He said, they had taken his money, and he should be very glad to go to bed; Mr. Putnam of Harrow was a man that he knew; he came the next morning at twelve; I saw no more of Rudd that night, or Giggs; I saw them again the next morning, they were brought to my house after they were taken; I was not present when they were taken; I know nothing more.

Mr. Garrow. What time of day was it that Turner came to your house before? - I believe it was in the afternoon, I cannot be sure; it was in the middle of September; he had a pint of ale, and then went away.

This Black-horse is in the road from your house to Harrow? - It is the next public house; it was above half a mile.

Had you lighted candles before Mr. Turner came in this evening? - Yes, we had; it was got dark; I found him two hundred yards from our house.

When Rudd came back, he said he had taken a foot-pad, and brought your wife the book to look at, to see who he was? - Yes.

Did he tell you how he had secured this footpad, or where he had left him? - No, he told me that Giggs was with him, that he was just by.

What stick had Giggs in his hand? - I cannot say; I observed a walking stick in the hands of Turner when he came in, I never saw either Giggs or Rudd with a stick.

You knew that Rudd was going with this gentleman to shew him the way? - Yes, they went together.

Were they all sober? - They were chearful, merry.

These two prisoners had been from their work some time? - I do not know, I was not at home when they came in; Mr. Turner was very sensible; he was not disguised in liquor at all.

Did he desire you to take Giggs when you came up? - No, Sir, if he had, I could not.

You knew these two men very well? - Yes.

How long have you known them? - Ten or eleven years; Giggs has lived in our place all the time; I believe they were farmers men.

What became of the pocket book? - My wife gave it to Rudd, and the shoes, to take back to the gentleman; when we came back, I found the shoes; they were laying by the side of the road by him.

Where was this pocket book that was found? - Near to him, just by him, there was his buckle likewise.

Did you observe any thing particular about any part of Mr. Turner's dress? - His shoes were off.

Did any body point out any thing to you, before you untied him? - No, Sir; his hands were behind him, and I untied him.

Did you observe any thing about his dress? - No, Sir.

Were his knees unbuttoned? - No, Sir, his shoes were off.

Were his stockings down? - His breeches were down; his breeches were undone in the waistband.

What do you mean by undone? - We could not tell till we got home, then we saw the button part of his waistband was cut away.

ANN LOVELL sworn.

Mr. Turner came to our house, and called for a pint of beer, and asked for a lodging, we had none; a person in the house said, he might get a lodging at the Black-horse; and Rudd said if he would give him a glass of any thing, he would see him safe there; he treated him with a pint of gin-hot; they both went out together, and Giggs followed him, in about five minutes after; they were gone some considerable time; then Rudd came back again, and said they had taken a footpad; my husband asked him where, and he said the man that went from our house, and he said as how he knew he was a footpad; I asked him whether he had fire arms; he said he had fire arms; I told him he should not come to our house; I asked him where he was; he said Giggs was with him; I thought they had him in the yard; I asked him who was with, then I opened the door; he had Mr. Turner's hat on his head, and shoe in his hand, and his pocket book; I told him I was afraid they had used him ill; he said he had not; then my husband told him, if he had not used him ill, to take his shoes back, and ask his pardon, and let him go, and he said he would; and we went out to hear if there were any words, and we heard Rudd go to him, and call Giggs away, and Giggs did not leave him; Rudd went up, and laid the things down, and went away; then we found the things laying by him, after Rudd went up to him; and my husband said he was very sorry he had been used in that manner.

When you came up to them, what did you find? - I found Giggs standing by Turner, with a stick in his hand.

What was Turner doing? - He laid on the ground; he was tied hands and legs; Giggs d - d my husband, and said how did he know he had used him ill; my husband said it did not appear to him, that he had used him very well, by seeing him in that situation; then Mr. Turner spoke to my husband, and asked him if he belonged to the place, and I told him yes; he said thank God there were some neighbours in the place that had saved his life, or else he should have been murdered; we lifted him up, and when he could stand. I saw something lay on the ground white; I thought it was his handkerchief, but it was his stock, which was tore off his neck, and the stock-buckle was in the ditch, and his hat, and his pocket-book were there; Giggs was there, and he went away, and said he would come in the morning, and bring the club stick with him that Turner had, and then he would come and clear that point up, and he went towards home; Giggs said he found it under Turner's coat; then we brought Turner home, and sent for a woman to wash him, and sit up with him all night.

Mr. Garrow. Mr. Turner never spoke till after the conversation with Giggs? - No.

Giggs produced the club? - It was a knotty stick; it did not appear to be like a club; it was two foot long, and a knot at the end of it; I do not know whose it was.

Did Rudd desire you to look to see if there were any bank notes in this pocketbook, or any thing of that kind? - No, Sir, only to see where the gentleman lived.

How long have you known these young men? - Above a twelvemonth; I thought Turner as safe with them, as if he was in my house.

JAMES PUTMAN sworn.

I am a plumber and glazier, and deal in haberdashery; I live at Harrow; I know the prosecutor; he called at my house this day; I was not at home; I dealt with him for hosiery.

How long have you known him? - Near a twelvemonth; he sent for me, and

I came and found him beat and abused; and desired he would send for a constable, and have the men taken up.

What time did you come to him? - Between five and six, as near as I can guess; I got a constable, and found the prisoners in a field, about a mile from the farm.

Were they at work? - No, they had run from their work; I followed them for near a mile; they asked me if the gentleman had got his purse and money; I told them no; and they said they gave it to Stephens the hay-binder, to carry it him; when we came to Lovell's house, the prosecutor desired me to ask them if they had not a knife; and I asked Giggs, and he pulled a knife out of his pocket, and gave it to the constable, that is all I know.

Mr. Garrow. I ask this man no questions.

DAVID HUNT sworn.

I was at the taking of the men, about a mile from the farm where they work.

Were they running away? - Yes, they were.

Do you remember any thing being said about a purse? - One of the men asked my master whether the man had his money again; and coming along the fields, Giggs said the money was in the rick-yard, laid down by the side of the rick; he did not say who had it; he said he asked Stephens, being at hay in the morning, and he would have no concern in it; I went into the rick-yard, and the hay-binder gave it me; he picked it up in the same place where he told me, just on the side of the rick, I saw him pick it up; and I saw Giggs produce the knife.

WILLIAM WELLS sworn.

I am the constable, I took the prisoners; one of them said he met with this gentleman's purse in his pocket in the morning, and had put it in the rick-yard, that was Giggs; here is the pen-knife, the tobacco-box, and hand-bills, which I found on Giggs, after we got them to the public house.

(The things produced.)

Prosecutor. That is my purse, and my knife, and here is my hand-writing on the bills; my tobacco-box I do not swear to; this is my stock-buckle.

(Produced with the end of the stock tore off.)

Court to prisoners. Here is a charge of a most grievous outrage against you; what have you to say.

JAMES RUDD 'S DEFENCE.

I shall leave it all to my counsel.

Court. You was the person that went out with this man; if you have any excuse to make to the Jury, you had better state it? - (No answer.)

WILLIAM GIGGS 'S DEFENCE.

I leave it to my counsel.

JOHN STEPHENS sworn.

I am a day labouring man; I work for the same farmer these two men work for; I remember the day this gentleman was beat; the two prisoners came over to me the same morning, between seven and eight; they had the purse in their hands; they asked me if would I carry it to the Swan, I said I would have nothing to do with it; they turned their heads and saw the constable, and the other two men coming, and they threw the purse down; there was all the money which was lost; I have known these two men; they were born in the place; Giggs at Pinner, and the other at Wilsdon; they are hard working, honest fellows; I never heard any thing amiss of them in my life; I have worked with them.

JAMES WATERS sworn.

I am a hay-binder; I remember their asking me to carry the purse to the rick-yard, and they asked Stephens; I have known Giggs sometime, and have worked with them, I never knew any thing amiss.

VALENTINE TOWNSEND sworn.

I live at Westbourn-green, Paddington; I have known Giggs sixteen years, and

Rudd about a dozen years; I never heard any thing before this happened, but that they were hard working industrious men; I never saw any thing ill-natured by them.

WILLIAM SUTOR sworn.

I formerly lived at Harrow, and have a house there now; it is in dispute; I have more knowledge of Giggs than the other, he kept a public house at Harrow, and I have frequently seen him; they were both quiet good sort of men: if they had been tried yesterday, there were twelve or fourteen capital inhabitants to give them characters which was well known.

Court to Jury. This man has been extremely ill used and abused; and has met with very violent and outrageous treatment, under circumstances as extraordinary as ever came before a Court of Justice; and I wonder the prisoners have not given any account of this behaviour of theirs; nothing can be more clear, than that they have taken from this man his purse, and these different articles; and his story unexplained, would certainly constitute the crime of robbery; and were it not that there are two or three extraordinary features in the case, I should state it to you, as being clearly against the prisoners; but there are two or three extraordinary features in the case that puzzle me, and leave my mind in some degree of uncertainty, as to what was the object of these two people; for supposing it to be a concerted plan to rob this man; this conduct was so extraordinary, that it seems almost impossible that men should have acted as they did: for you find that after having tied this man hand and foot, beating him, and abusing him, and taking from him all these things, instead of going off with the money, and endeavouring to conceal what they had done; the first step they took, was such a one as must lead to a discovery; they came back to the house, and gave notice, that within two hundred yards of the place they had taken a footpad; when the landlord remonstrated with him about the improbability of this man's being a footpad; he went and carried the things back, and it seems by the evidence of Turner, as if Rudd had done more, and advised Giggs to go away; it is equally extraordinary that when the landlord and his wife came up, Giggs should stay there to be present, to give them an opportunity of seeing him there, and consequently of convicting him. I do not find that there was any reasonable ground for taking the prosecutor for a footpad.

JAMES RUDD , WILLIAM GIGGS ,

GUILTY , Death .

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

Reference Number: t17861025-49

806. JOHN KEENE was indicted for feloniously stealing; on the 13th day of October , one half guinea, value 10 s. 6 d. and 5 s. and two sixpences in monies numbered, the property of Thomas Wormill , privily from his person .

THOMAS WORMILL sworn.

I drive one of the Bath coaches ; between the 13th and 14th of October, between one and two, I lost my money; I was subpoened up as an evidence on a trial, in the Marshalsea Court, by a gentleman from Bath; I was willing to get home as soon as possible; I thought to get a lodging near the Gloucester coffee-house, where the coach went from; and I went into the Coach and Horses, in Piccadilly; the landlady said their beds were full; I had an acquaintance there, I drank with him; the prisoner stepped up to me, says he, Thomas, how do you do? says I, Jack, how you do; says he, I am low in circumstances, and I gave him some beer; and going along, he said he had no money, he wanted three-pence to pay for a shirt, he did not know what to do; I said Jack, you shall never want three-pence while I have sixpence; I gave him sixpence; and he took me to a house, which I think was the Brown-bear; the woman asked me a

shilling for a bed; and the prisoner said damn the house, do not give a shilling there, I will take you to a safe house; and he took me to the Red-lion ; and to the best of my knowledge, we had two glasses of gin and water; he said you may go to sleep if you like it; says he let us have another glass; says I, I will be obliged to you, if you will stay by me, and take care nobody comes near me, and whatever liquor you chuse to have, if it comes to five shillings, I will pay for it; says he, Tom, so help me God if ever a fellow, if ever a bloody thief was to come, he said how he would murder him; and I went to sleep, with him by the side of me; it was about twelve when we went into the house; I had been in sleep but a short space of time before I awaked, and missed my money, which was half a guinea, two sixpences, and five shillings in silver, but I do not swear to that positively; the money was in my right hand breeches pocket; I also missed my hat, but that I could not charge him with; when I awaked, I said somebody has robbed me of my money, and my hat; a young man who is here, said the man that sat by me was the man; he said to two hackney coachman, damn his eyes, I have done him out of the bit, and he has more in the sack; I searched after the prisoner, with a young man, and Lucas the constable, and found him on the high ground, St. Giles's, at the Coach and Horses fast asleep; this was in the afternoon, between three and four; he was taken away to Cork-street mews, and he run up stairs, and I found him hid in a one pair of stairs; when the runners came, he took up a knife, and defended himself for ten minutes before they could take him; when he was taken, he had ten shillings in silver upon him.

Court. I suppose in going about in this manner from house to house, you got a good deal in liquor? - Not in the least, nor was I when I fell asleep; I had come above a hundred miles that day, and was weary.

Prisoner. Did you put your hand in your pocket, after you had been with five women? - I was in company with no women, nor ever conversed with any one of them; I went out, and I came in again, but I was not in any woman's company.

Court. Do you happen to recollect the last time you put your hand in your pocket, before you fell asleep? - I paid my reckoning before I went to sleep, and am very sure I had my money in my pocket; I buttoned my breeches pocket up before I went to sleep, and the money I had in my pocket, was half a guinea, and eight shillings and sixpence.

JOHN MEGGS sworn.

I was at the Red-lion; I saw the prosecutor there; he sat on the left hand of me; I sat next to him; I suppose a yard from him, on his right hand; there was no other person between him and me; I do not know how long they were in the house; they came in after me; I was sober; I saw the prosecutor laying on the table; I supposed he was asleep; and while he was asleep, I saw the prisoner put his arm round his waist, with his hand in his right hand breeches pocket, and I saw the prisoner draw his hand out of the prosecutor's pocket.

Could you see whether he had any thing in his hand? - No, I did not observe that; presently after he got up, and said something about the bit out of his sack, but I did not know what the word meant; and he treated some coachmen that were there, and went off with them.

Prisoner. Was the witness asleep or awake when we came in? - I was asleep, I awaked and lifted up my head just at the time that the prisoner had his hand in the prosecutor's pocket.

Court. How many people were in the house? - There were several people; I believe it was between one and two in the morning.

What are you? - I am a coachman.

Do you know the names of the coachmen that he went off with? - No, I never saw them before.

Did you tell the prosecutor what you saw? - Yes, I told him in the morning; I said, do you know the person that sat by you? and he said, he did; that was about four or five, or somewhere thereabout.

Jury. Was you acquainted with the prosecutor before? - No, Sir, I knew nothing of him nor the prisoner.

RICHARD SPENDLOVE sworn.

I keep the Red Lion; and the prosecutor and prisoner came in together; they called for two glasses of gin and water; several people were there; I cannot tell whether Meggs was there; I saw him there in the course of the evening; I believe they had two glasses of gin and water apiece; the prosecutor laid down his head to sleep, and I awaked him twice; there were some company in the parlour; I went in there and came out again, and awaked him; then he rose up and said, he had lost his money, and his hat; I said, then the man that sat next you must have it; there was a man sat next to him; I do not know who he was; he sat on the right hand side of him.

Who was on the left hand side of him? - The prisoner.

But after the prisoner was gone? - Nobody, Sir.

Where was Meggs? - Meggs directly said, no, it was not that man, but he would inform him who had the money; says he, I saw the man's hand in his pocket; the man that is gone out; the man that was with Wormill, he had left his hat; it was the prisoner's hat; it was afterwards known by two persons; Meggs said, he saw him sitting on the left hand side of him, and put his hand round his waist, and take his money out of his pocket.

Court to Prosecutor. What became of your hat? - I found it last night in Wood-street, with one of Mr. Mountain's coachmen; he said it was put on his head while he was asleep and another taken off.

Is that person here? - No.

Is the person here at whose house the half guinea was changed? - They can be fetched from the Pilgrim in Holborn.

Where was Meggs then, when he told you he saw the man take the money? - He sat opposite; he said, he was afraid to tell me before; he said, the prisoner was such a terrible man, he was afraid.

Prisoner. How could he say I was such a terrible man, when he never saw me before; there were five people in the house; I paid the reckoning; the publican will tell you so; I have had a broken arm eleven weeks last Sunday.

Court to Publican. Did these two men drink together? - They had each of them a glass.

Prosecutor. I paid it.

Prisoner. Do not say so, Thomas; when I had just gone to work at the Coach and Horses, in the High Ground, this man came with a bundle under his arm; it was about half after nine; he spoke to me; I did not know him; it was just candle light; I said, I did not know him at first; says he, let us have a glass of gin a-piece; he paid for it; he wanted a bed; he said, he was a stranger, and enquired if the beds were full; I took him to the Marquis of Granby's, which he said was the Brown Bear ; they asked him a shilling; he said, d - n my eyes, if I do not sit up and spend the shilling; we had a pint of purl, and he paid for it; I said, go over the way, you will get a bed for sixpence; says I, you had better put your bundle in the bar, it will be safe there; he gave it to the landlord; says he, what shall we have to drink; says he, we will have a glass of crank warm; he leaned down his arm on the table; says I, do not sleep Thomas, for I must go; so we drank; says he, I must borrow some money to carry me home; I am very short; I gave the publican sixpence, and he gave me two pence; I finished the glass of crank; says I, Tom, good night; so then I went and bid the landlord good night.

Court to Prisoner. How do you get your living? - I am a coachman and was a waterman, at the High Ground, where

this man met me, and to the Brentford coaches likewise; I got the money that was found on me by watering; the place I had was between three and four shillings a day at the least; I have been in the neighbourhood twenty years; I did not know of my trial coming on.

ANN BROWN sworn.

I live at the Castle and Falcon, in High Holborn; I have seen the prisoner before many times; I remember his coming to our house in October, between one and two in the morning; I cannot tell the day of the week; it was either the same night, or the night before; he drank part of a pot of hot, and had a toast and butter; two others that were with him paid for it; they each changed sixpence, and paid four-pence halfpenny a-piece; I changed half a guinea for the prisoner, and he asked me to weigh it which I did.

Prisoner. My Lord, one Thomas Williams owed me two shillings, and I met him and asked him for it; and I got that half guinea by my work.

Court to Prosecutor. When did you discover he had changed half a guinea with this woman? - I went immediately to the house where this young woman lives, and she informed me within two hours after I had lost the money, that she had changed the half guinea.

Court to Brown. Was it the same morning or the morning after that you saw the prosecutor? - I think to the best of my knowledge it was the morning after the night, it was between one and two; it was the very next morning.

GUILTY, Of stealing, but not privately .

To be privately whipped , and imprisoned one month .

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

Reference Number: t17861025-50

807. ISAAC SYMONDS was indicted for feloniously stealing, on the 11th of October , a leather trunk, value 1 s. a gown, value 30 s. a callico gown, value 10 s. 6 d. two dimity petticoats, value 10 s. the property of Frances Blackmore , widow .

(The witnesses examined apart.)

FRANCES BLACKMORE sworn.

I lost a trunk this day fortnight in St. Paul's church-yard ; I employed a porter to take it to the Castle and Falcon, from Charlotte-street, Black-fryar's road, to go by the Shrewsbury waggon; there was the things in the indictment; the trunk was directed to Mr. Blackmore, Drayton, near Shippenham, Shropshire, to be left at Mr. George Herds at Shippenham; the porter is here.

- JACKSON sworn.

I was employed to carry a trunk for Mrs. Blackmore to the Castle and Falcon, and going along St. Paul's church yard, the prisoner called to me at a goldsmith's door, and desired me to call him a coach; as I was going round, I said, I would, he told me he would give me the price of a pot of beer; I brought a coach, and he gave me a shilling to get change at the pastry cook's, and they gave me sixpence and sixpennyworth of halfpence; I put down the trunk off my head; while I went to get the change, he took the trunk and put it into the bottom of the coach; he objected to the halfpence, and before I returned again, after changing the halfpence, he was gone with the trunk; when I returned with the halfpence the first time, he told me he had put the trunk into the bottom of the coach to keep it from the wet; and when I came up to the door the second time, the people told me I had lost my trunk, and I ran after him, and overtook him in custody, in Newgate-street, and the trunk.

WILLIAM BENNETT sworn.

On the 11th of October, between three and four, I was standing in Mr. Parker's parlour, in St. Paul's church-yard; I saw two men stand at the door, and a poor

man came up with a trunk on his head; and a coach drove up; the old man put down the trunk; one of them came and stood by the door, and put it further into the shop; then the other went and opened the coach door and put the trunk in; that was the prisoner; he seemed in a great deal of agitation; he whipped open the door again and jumped out; the old man came back again; where he had been I cannot tell; they sent him back again, and the moment he was gone, the prisoner whipped out the trunk, and ran up the church-yard; I followed him, and overtook him in Newgate-street; I stood facing the Queen's Arms door, and I saw the prisoner turn up and go round Bagnio-court, and he was taken; the prisoner used very bad words, and swore he would do for me in every sense of the word.

(The trunk and things produced and deposed to.)

The prisoner called one witness to his character.

GUILTY .

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

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17861025-51

808. JOHN CALDER was indicted for feloniously stealing, on the 12th day of September last, one thousand iron nails, value 2 s. and twenty pieces of deals, value 8 s. the property of Thomas Weatherall .

THOMAS WEATHERALL sworn.

I live in Cheapside ; I am a carpenter ; in consequence of some information I received, I got a search warrant, and searched the prisoner's apartments, and there I found the things now in Court, and a great quantity of other goods, at a house in Bull-head-court, Newgate-street; I had ordered my man to watch the prisoner home, and went to his lodgings; the prisoner opened the door with the key which was in his pocket, and we found the things in the indictment; there are some clean deals which were planed a day or two before for a job; and the others were cut in different pieces, and we have the fellow pieces, most of them I can swear positively to; there were about twenty different pieces of deals, value about eight shillings.

GEORGE PIERPOINT sworn.

I am constable; I searched the prisoner's apartments, and found these things.

PRISONER's DEFENCE.

My Lord, and Gentlemen of the Jury, if I was on my death bed, I would take my oath that they have forsworn themselves; I have had this stuff by me a long time; I have been a hard working man ever since my youth; I was always very industrious, and have bought stuff at several timber yards.

THOMAS MUSGRAVE sworn.

Deposed to one of the three pieces which he planed.

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

GUILTY .

Tried by the London Jury before Mr. Baron EYRE.

Reference Number: t17861025-52

809. The said JOHN CALDER was again indicted for feloniously stealing, on the 11th of September last, five glass bottles, value 10 d. two quarts of Madeira wine, value 6 s. three quarts of red port, value 5 s. a bacon ham, weight eleven pounds and a half, value 5 s. the property of Thomas Langley .

The prisoner was sent by Mr. Weatherall to work at the house of the prosecutor Mr. Langley, and there he stole the ham and wine mentioned in the indictment,

which were found in his apartment, and were deposed to by marks.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE.

Reference Number: t17861025-53

810. JAMES CAREY was indicted for feloniously stealing, on the 5th day of October , two linen shirts, value 2 s. two shifts, value 1 s. a waistcoat, value 1 s. the property of William Crofts .

The prisoner was detected in the necessary, the things being removed off the lines, and bundled up in the necessary; he escaped into the next yard, and was taken.

GUILTY, 10 d .

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

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

Reference Number: t17861025-54

811. REBECCA DAVIDSON and SARAH BURDOE were indicted for feloniously stealing, on the 6th day of September last, three guineas, value 3 l. 3 s. and one half guinea, value 10 s. 6 d. the property of Robert Taylor .

ROBERT TAYLOR sworn.

I am a cabinet maker ; I lost this money in Rupert-street , the 6th of September, I was going down Coventry-street, about eleven, or a little past; there was a disturbance in the street, and I stopped and looked on, and the prisoner Burdoe asked me to give her a glass of gin; I said, with all my heart; she went first, and I followed her into the Bunch of Grapes; Burdoe asked Davidson to come with her; I ordered sixpennyworth, and somebody came up with a bowl of negus, and asked eighteen pence for it; I said, I would not have it; it was put on the table, and I paid eighteen pence for it; then Burdoe asked me to lay with her, I said, no; then they unbuttoned my breeches, and one fell down on the sofa, and the other pushed me upon her; and I found my money was gone; I charged them with the watch; they were searched and nothing found.

Prisoner. He was very much in liquor.

Prosecutor. I was as sober as I am now.

Prisoner. I wanted him to go back and search the room.

Prosecutor. I said there was no occasion for that, my money was in my watch pocket; the beadle of the night went directly, and searched, but there was none there.

THEOPHILUS BUTCHER sworn.

I was taking this woman to gaol, and going along, Burdoe said it was hard she should suffer innocently, when the other woman had the money and gave it to her man: the other woman was searched and nothing was found.

PRISONER DAVIDSON'S DEFENCE.

I never was in this Court before in my life; this gentleman asked this woman and I to go and drink a glass, and we went to the Jerusalem tavern; there was a woman using this woman ill, and he took her away; the two women made answer to Mr. Taylor, you are coming again; he treated us with a glass when we came out of the house, he said let us go and have a shilling's worth, and he took us to this house almost the top of Rupert -street; he said he had no more than 18 d. and he paid it; he wanted to have connections with the other prisoner, and he went from sopha to sopha, he would neither do one thing nor the other, so we wished him a good-night, and in about a quarter of an hour afterwards he took us both up; they stripped us to our shifts, we had not two-pence between us; in the watch-house he said, Mrs. Davidson, I am sorry for you, let us have a gallon of beer; he went from one sopha to another, his breeches was over his shoes.

Prisoner Burdoe. What she has said is truth.

Court. If it is truth, how came you to

tell the man that was carrying you to gaol, that it was hard upon you, the other woman had the money?

BOTH GUILTY .

Transported for seven years .

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

Reference Number: t17861025-55

812. MARY ALLEN was indicted for feloniously assaulting Hugh Harding on the King's highway, on the 14th day of September last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a watch with a tortoise-shell case, value 30 s. a chain, value 2 s. four gold seals, value 40 s. a base metal watch key, value 2 d. his property .

HUGH HARDING sworn.

I live No. 63, Leather-lane, Holborn; on the 14th of September, between five and six, I had been at my gold seal maker's, who has worked for me in gold seals seven or eight years, and coming home I came across Chick lane , and the prisoner laid hold of my hand, says she, how do you do? she had not said so, before she laid fast hold of my chain, and my watch was out in one minute; I saw her as plain as I do now; she run away, I run after her, she had a cloak and bonnet on, that came off, she got among five or six bad people, and I saw her put her hand behind her and give it to one of them, who I understand has been cast this session for something else; the woman got away, and one Humphry Moore came up to me, and said, do not make a noise Mr. Harding, I will get you your watch again; he got me into the Marquis of Granby's Head, and there I was robbed of sixteen pounds worth of diamonds, and a pocket-book with a ten pounds bank-note, which is the subject of another indictment; this woman was taken that night, I knew her again; I was not drunk, I had been drinking.

Prisoner. He said I was not the woman. - I did not.

ANN WALLING sworn.

I saw the prisoner take the prosecutor's watch and run away, he brought her back by the arm, but a parcel of bad people jostled him and he lost her; I am a header of pins.

PHILIP BRISTOW sworn.

I took up the prisoner by order of the prosecutor.

Court. He seems drunk, does not he? - He always is, my Lord, I never saw him sober; I found a guinea and a half on her.

Prisoner. I never saw the man.

Court to Bristow. Was he in liquor when he gave charge of her? - He was not really quite sober; he was a little fresh, a little mellow, but not so as not to know a person.

Court. What is the prisoner? - She is a poor unhappy woman of the town.

GUILTY of stealing, but not violently .

Transported for seven years .

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

Reference Number: t17861025-56

813. WILLIAM HODGE was indicted, for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 15th day of October last, in and upon one Elizabeth Smith , spinster, in the peace of God and our Lord the King then being, feloniously did make an assault, and her the said Elizabeth, against her will, did feloniously ravish and carnally know .

(The witnesses examined apart at the request of Mr. Garrow, Prisoner's Counsel.)

ELIZABETH SMITH sworn.

How old are you? - Sixteen.

Only sixteen? - No.

Where do your friends live? - At Horsley-down .

You was a servant , was not you? - Yes.

To whom? - To William Hodge ; I had been a servant to him a fortnight.

Is he a single man? - No, Sir, a married man.

How many are there in family? - A wife and three children.

Have you any lodgers? - One.

Where was it that this injury was offered to you? - In the fore-garret.

When was it? - I cannot tell you the day, it was on a Sunday.

How long ago? - I cannot tell exactly, a fortnight.

Tell me how it happened, and what he did to you? - He came up stairs at eleven at night, and broke open the door.

Was the family gone to bed? - Yes.

What time did the wife go to bed? - About half after ten.

Where did she sleep? - Two pair of stairs lower, in a back room; the lodgers lay in a room under me, they were man and wife.

Where did this man always use to lay? - With his wife.

Did you fasten your door of a night? - Yes.

Did you fasten your door that night? - Yes, double-locked it; I went up when my mistress went to bed.

Where was your master then? - He was out.

Did you shut the street door? - Yes.

How got he in? - He let himself in with a key; I had not been long in bed, he immediately broke open the door, I got up in the bed, I did not hear him break the door, he came to the bedside with a candle, and said my mistress wanted me, I told him I was coming directly; and just as I got out of bed, he pushed me backwards and blowed out the candle, and got upon the bed to me directly; he got upon me; the bed was not big enough.

Did he undress himself? - He had his coat and waistcoat on.

Any part of his clothes off? - His breeches were off, and his shoes and stockings.

Where did he pull them off? - He pulled off his shoes and stockings in my mistress's room.

How do you know? - Because he put them on in the morning when he came down; he had his breeches on when he came up in the room to me.

Where did he pull them off? - In the room where I was; he got up in the bed and upon me, and put his private parts into mine, and I could not stir nor move, he would not let me, he told me if I made any noise, he would knock my brains out, I went to call out, and he put his hands before my mouth that I might not call out; he laid from eleven till seven in the morning.

Did not he pull his coat and waistcoat off in all that time? - No.

Nor did not he get into the bed? - No, Sir, the bed was so small he could not do otherwise; the bed is but a side-bed.

He lay with you from eleven till seven? - Yes.

Did he sleep any part of that time? - No, Sir, if he dropped in sleep, when he felt me stir or move he was awake directly, and at seven o'clock he got away; and I came down stairs and told my mistress; I got up directly afterwards; my mistress said she thought he went out of doors, but she could not get up to see, for she was ill in bed, and I could not make any noise at all.

You certainly could have made a noise when he fell asleep? - If I made a noise he put his hand before my mouth and stopped my breath.

You do not seem to have tried to make a noise? - Yes, Sir, I did.

Mr. Garrow. Mrs. Smith, he continued in this same position from eleven to seven? - Yes.

Exactly in the same position? - Yes.

You mean laying upon you with his private parts in yours? - Yes.

He would not let you stir? - No, I offered to stir, he threatened to kill me.

He was going to sleep till you disturbed him, then he got awake again? - He did not sleep but very little indeed, only little bits.

But now putting all the little bits together, how many hours do you think he might have slept? - I cannot tell you.

Did this business hurt you at all? - Yes, it hurt me very much.

And continued to hurt you all the time? - Yes.

This bed is very narrow? - It is not above half the width of my coloured apron; he could not lay any otherwise.

They tell me it is a very ricketty bed too? - Ricketty!

Aye! makes a noise when you get in and out? - No, it does not.

You was hardly got into bed? - Yes, I had just dropped to sleep; my door was double-locked with a spring lock, and it was broke open with these two chissels.

(Produced.)

The lock was pushed back.

But you never heard him till he was at your bed-side? - No, Sir, I am very heavy to sleep.

Did you get any sleep during this night? - No, Sir, I did not go to sleep all night long.

How high is your bed from the ground? - I never measured it; he had me lengthways upon the bed.

Why did you not put down your hands and tap for the lodgers? - He had hold of both my hands all the time, and one hand on my mouth.

Had such a thing never happened to you before? - No, Sir, never in my life.

That you are sure of; do you remember any thing about a table in a warehouse? - No, Sir, there never was such a thing done before.

Upon your oath has there never been such a thing done against a table once? - No, Sir, never.

Did he pull off his breeches before he put out the candle? - No, after he put out the candle.

Did you help him to pull off his breeches? - No.

Are you sure you did not help him? - I did not.

How did he do it? - I cannot tell.

Did you not go down before he did? - Yes.

Did not you go for his shoes and stockings? - No, I did not, I went down to do my business, and to tell my mistress; I left him in the work-shop without shoes or stockings.

Did not your mistress say to you, what have you been laying with your master all night? - No, Sir, she did not.

Then you never told her that you had not lain with him all night? - No, Sir, I told her immediately of it, when I came down in the morning.

Upon your oath, did you never tell your mistress that you had never lain with him? - I stand by that.

What did you say the first thing to your mistress? - I asked her if she did not know whether my master was with me; she said she did not, she said she thought he was out of doors.

What you said, pray, Madam, do not you know my master has been with me all night? - Yes.

Your mistress turned you away, I believe? - No, she did not, my aunt took me away, Mr. Hodge went and made his brags at the public house the next morning, that was the way my aunt knew of it, a man let my aunt know of it.

How often have you and Mrs. Marshall and her husband talked this over in the course of last week? - I never did talk any thing at all about it.

That you swear positively, that you did not talk it over yesterday what you should say in Court? - Sir, he never did teach me, nor his wife.

How long was it day-light before this man got up from you? - It was not daylight long.

Did he say any thing to you when he got up? - No, Sir, only if I would get his

shoes and stockings for him, he would go out; I did not go for them.

Mrs. Merry is the lady that lived in the floor under you? - Yes.

Did not you tap at her door as you went down? - No, I did not tell her till a good bit after.

When did you tell her? - I told her it before my aunt came.

So this man as soon as he got his ends of you, lay quiet till the morning? - He would not let me move.

Did he move himself? - No, he did not from that time till the morning.

ANN MARSHALL sworn.

I am aunt to this girl.

When did you hear this girl's having received any injury by this Hodge? - The next morning a man came and told me to come up to my niece, that Hodge had ruined her; I went directly up stairs, and made the best of my way to the prisoner, where I saw the girl sweeping the shop; I cannot say whether it was ten or eleven in the morning; I went into the parlour to Mrs. Hodge, and Mr. Hodge's father, as I was told, was there; I said it was a very sad affair, and they said a very sad affair indeed; I bid the girl look up her clothes, and come with me; my husband and I took her up before a Magistrate directly, the same day.

How came you to take her before a Magistrate? - Because she said her master had been the ruin of her, and had been in bed with her; when I came from the office, I came to take her things.

Did you examine the girl? - No, Sir.

Nor look at her linen? - No, Sir.

Was she never examined by any surgeon? - Not to my knowledge, nor I dare say she was not.

Mr. Garrow. You thought it was a sad thing that this girl should have these liberties taken with her? - Yes.

And therefore you took her away? - Yes.

Did she tell you how often this sort of thing had happened to her? - I heard nothing but what she said at the Justice's.

Did you hear any thing of a table in the workshop? - No.

Did you speak to the girl before you spoke to the mistress? - I cannot tell what I said to her.

Did not you tell her she was an impudent hussey, to suffer men to do these things? - I might say, it was a sad thing; I cannot say her answer.

Have you ever seen this bed, where this is supposed to have happened? - I did go up stairs, but I was alarmed; I cannot give you any particular description.

You are a married woman? - Yes.

Do you think it possible to have lain all night in that situation by the side of her, or in any other way without her consent? - I cannot say; it is a small bed, like a child's bedstead; I did not go close to it.

How old is this girl? - I cannot be punctual whether she is fifteen or sixteen.

Is not she nineteen? - I cannot be punctual, I do not think she is so much.

SARAH FULLER sworn.

I am aunt to this girl; she is between sixteen and seventeen.

Is not she more? - No; I know nothing about this matter.

Did you examine her? - No.

Nor her linen? - No.

Court to Jury. Gentlemen, do you wish to proceed any further?

Jury. No my Lord, we are satisfied.

Court. It is a very brutal thing, for which this fellow deserves to be punished in a way more severe than he has been, or will be; to be sure, taking any method to persuade a girl, his servant, of this age, in his house, under his protection, he having a wife and three children, one cannot presume any thing more brutal and beastly than his conduct; but as to a rape, there is no pretence.

NOT GUILTY .

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

Reference Number: t17861025-57

814. EDWARD DARBY was indicted for feloniously stealing, on the 5th day of September last, one mare, price 10 l. the property of James Pearson .

(The case opened by Mr. Silvester.)

JAMES PEARSON sworn.

I am a farmer ; I live at Weston Underwood ; I lost a mare; I missed her on the 4th of September, before seven in the morning, out of my grounds; she was a black mare, with a star in her forehead, with a bit of white under her belly, two white heels behind, and a long tail; I pursued her to London; I heard of the man and mare at the turnpike, but I could not find them; the prisoner used to milk , and go to plow for me; he ran away from me on the 29th of June; I saw my mare on the Thursday following, which was the 7th, at the Cock at Barnet; I am clear it was my mare.

JOHN GRANT sworn.

I am a sheriff's officer; I was going to Barnet fair; going along the chace, I saw a woman coming out of a hedge, crying out, she had lost a shirt; I pursued the man, and took him; it was the prisoner; he had this mare; I said by the look of him, you have stole this mare; he said no, he had bought it of Mr. Pearson, at Weston Underwood; and the Justice committed him for stealing the shirt; and I said you will save us a deal of trouble; and he said, I stole the mare from the man I mentioned.

Prisoner. I have nothing to say.

Would you have me ask Mr. Pearson about your character? - No.

GUILTY , Death .

He was humbly recommended to mercy by the Jury on account of his youth.

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

Reference Number: t17861025-58

815. FRANCIS MARTIN was indicted for feloniously stealing, on the 9th day of October , a black gelding, value 26 s. the property of George Kirkman .

BENJAMIN SMITH sworn.

I am a horse-boiler: on the 9th of October, I was going to bed, about twenty minutes after seven, the prisoner brought a

large horse with a bridle, to the top of Sharp's Alley to be sold, to be knocked on the head; a person called, I ran directly; the man stood with the horse at the Crown door; he asked a guinea and half for it; he said he brought it from Mr. Knowland, a cow-keeper at Haggerston; I told him I was sure he did not bring it from there, on account I had that person's horses and cows what dropped, I said if you brought it from him, I will go with you now directly, and buy it of your master; he refused, and said he would take it to his own stable in Castle street, Whitechapel; I thought it was an odd affair; going along Long-lane, he said he had been at Bennet's, at Cripplegate, and they had bid him twenty-eight shillings for this horse; I called at Bennet's to know about it; they looked at the horse and the man, and they said the horse had not been there all night; the horse was all of a sweat; I told him I was sure the horse was stolen; he told me, you may detain me if you please; I took him to Mr. Girdler's; what was said there was taken down in writing; I advertised the horse three days in the paper, and had it cried in the market to be owned; the horse had been thrown down under a cart, and had his knees hurt, and the ointment was upon it.

PHILLIP BRISTOW sworn.

I took the prisoner into custody.

GEORGE KIRKMAM sworn.

I saw this black gelding in the possession of Smith; I described it before he brought it up to me; I can swear to it; I bought it about May, in Smithfield; I missed it either on the 12th or 13th of October, going over my grounds; for he had been thrown down under a cart, and we had turned him out to get better, but he never will be well any more.

Had you seen him two or three days before you missed him? - No, I had not; I know nothing of the prisoner; I never employed him as my servant; I have no doubt about the horse.

PRISONER's DEFENCE.

As I was coming down Long-lane, leading to Smithfield; I overtook a man who asked me where Parker lived, and while I was gone there, this man came and asked m e what I was to have for the horse, I told him a guinea and a half, and the other man stood on the other side of the way; they took me, and I never saw any more of the other man.

GUILTY , Death .

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

Court. This is not a flagrant case, because the horse is not of any value, only fit for boiling.

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

Reference Number: t17861025-59

816. FARRELL KEARNON and ELIZABETH KEARNON , alias PRICE , were indicted, for that they, on the 8th day of October , did take away, with intent to steal, embezzle, and purloin, one iron frying-pan, value 9 d. a flat-iron, value 6 d. three blankets, value 6 s. a pair of linen sheets, value 5 s. a bed quilt, value 18 d. a copper sauce-pan, value 2 s. the property of John Davis , being furniture, which by contract they were to use in a lodging let to them, against the statute .

MARTHA DAVIS sworn.

I live in Little St. Andrews-street, Seven Dials ; I am wife of John Davis ; the prisoners passed as husband and wife; they took a lodging of me; the woman came first, she said, she had a husband who was a ticket porter; she was to pay me four shillings a week, and to come in the next day; she was to have a ready furnished apartment, every thing except crockery; next day her husband and she came together; they staid till the 8th of October; then they robbed me of every thing in the

room but the chairs and tables; they took the things mentioned in the indictment; they were taken into custody.

William Aldridge , - Jordan, William Hudson , and another, being pawnbrokers, produced the various things deposed to.

PRISONER FARRELL'S DEFENCE.

I know nothing of the things; this woman washed for me, and I came there different times.

PRISONER ELIZABETH'S DEFENCE.

I am a lawful married woman; my husband and me had been parted for the space of three months, and he found me out and persuaded me to pawn these things; this man is quite innocent; I have a sick baby now a dying.

BOTH GUILTY .

Each transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-60

817. ROBERT MILLS was indicted for feloniously stealing, on the 15th day of August last, a silver watch, value 42 s. a steel chain, value 2 d. the property of James Dyts , in his dwelling house .

(The case opened by Mr. Silvester.)

JAMES DYTS sworn.

I am landlord of the Talbot in the Strand ; the prisoner lodged with me; I was ill in bed at the time.

KETURAH DYTS sworn.

I am wife to John Dyts ; when I first came to the house, I hang the watch up in the bar; it hung for a considerable time; on the 15th of August my husband was taken ill; the prisoner was sitting in the kitchen reading the newspaper, about four yards from where the watch hung; I went out and returned, and the watch was missing; I suspected the maid, and threatened to take her up; the prisoner said, if you take us all up, my pretty face must go before the Justice; I did not suspect the prisoner; I took him to be a gentleman of five hundred a year; I lost a punch ladle before on Thursday night the 18th of August; we found the watch at one Mr. Purse's.

Mr. Garrow, Prisoner's Counsel. How long have you kept the Talbot? - Just come there; we kept the Opera coffee-house before.

The road to the rooms that are most frequented, ( you understand me without more explanation) is through the bar, is it not? - If you was to come there you would go through the bar.

Mr. Garrow. I never shall be that way I assure you; how long had this gentleman of five hundred a year been at your house? - He came on the 10th; he staid a week.

Was it you that presented the bill of seven pounds for his week's board? - No, Sir, my husband; but then he had three or four gentlemen eat and slept with him; he always had one or two, sometimes three gentlemen slept with him.

Did not he refuse to pay it? - I do not know

Was you present when your husband said, if you do not chuse to pay that bill, I shall charge you with stealing a silver watch? - He was taken up on the 18th and carried before a magistrate; he was at large from Friday till Monday; there were advertisements with a reward to find the watch; he was taken up again on the 30th of September.

Did he continue at your house after this? - No.

ELIZABETH BALLITER sworn.

I was servant at this inn; I remember the time the watch was lost.

Who went through the bar at that time? - Mr. Mills, and nobody else.

Mr. Garrow. Was not you taken up? - No, Sir, another servant was; I was only a daily servant.

How near is the bar to the place that the ladies and gentlemen go to? - It is very near.

GEORGE PURSE sworn.

I am a pawnbroker in the Strand; about five minutes walk from the Talbot; I received this watch from the prisoner on the 15th of August, in the afternoon; I am positive to the prisoner; he brought it to pledge.

Mr. Garrow. Do you take in newspapers from Bow-street? - No, I never saw this watch advertised.

(The watch deposed to.)

Prosecutor. I am sure it is mine.

Court to Prisoner. Young man, what do you say for yourself, you are proved to have pawned this watch the very day it was lost.

Prisoner. I know nothing at all about the watch, nor never saw it, nor was I through the bar that day, I can solemnly deny that I ever pawned a watch for these two years past but one, and that was my own.

Purse. I have no doubt about him; I knew him before.

Mr. Garrow, to Prosecutor. After this man was taken up and discharged, he brought an action against you for false imprisonment? - Yes.

That action is still depending? - I was served with a copy of a writ to answer the 6th of November; the term is not yet begun.

(The prisoner's witnesses called, but none answered.)

GUILTY Of stealing to the value of 39 s.

Transported for seven years .

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

Reference Number: t17861025-61

818. MARY BURCH was indicted for feloniously stealing, on the 3d day of September last, a silver watch, value 50 s. a steel chain, value 12 d. a key, value 1 d. three trinkets, value 2 d. one guinea, and one shilling, the property of William Field , in the dwelling house of Thomas Hickey .

WILLIAM FIELD sworn.

I am a gunsmith ; I had been drinking with my shop-mates at Charing-cross; I lost my watch and money in Crown-court , in a house of Mr. Hickey's; I was a little in liquor, and the prisoner picked me up; I did not know her before; I went with her into a front garret, and went to bed; nobody was there but her and her child, my watch was in my fob; I put my breeches under my head, and when I awaked in the morning, she was gone, and my watch and money; I am sure I had my watch and money in my pocket, when I was undressing myself, it wanted eleven minutes to three; I saw the prisoner and my watch the next morning.

RICHARD BROOKS sworn.

About half after six on the Sunday morning, the 3d of September, I took charge of the prisoner, and found the watch in her bosom.

(The watch produced and deposed to.)

RICHARD JAMES sworn.

I am a watchman; the prisoner came into the house where I lodged, between six and seven; she was in liquor; she said, she had a watch to sell for half a guinea; she said, she found it; I detained her and sent for an officer.

ANN HICKEY sworn.

The prisoner rented a room of me; on the Sunday morning as I lay in bed, I heard a man say he was robbed in our house.

MARY ALFORD sworn.

The prisoner came into my house on Sunday morning between six and seven, and asked me to buy a watch; I keep a public house.

SAMUEL PRESTON sworn.

The prisoner came on Sunday morning about seven to my house, to have half a pint

of raspberry; I keep the Black Dog, in Bloomsbury, she brought two men with her, and desired me to let them have what they wanted; she gave me a guinea to change, and asked me to give her two shillings, for she was going to carry the raspberry to somebody that was sick; and Mr. Brooks came in after she was gone, and desired me not to give her the change.

THOMAS BARRY sworn.

Between six and seven I came to the Royal Oak public house, where the prisoner was in custody, and she shewed me the watch in her bosom.

PRISONER's DEFENCE.

I was going out on Thursday night for a pint of beer, and I picked up the watch; when I came back again, the door was fast; I never was in the house that night; the guinea I had saved up to pay my rent.

Court to Jury. This partakes rather of the nature of stealing from the person than in the dwelling house; for in these sort of cases, where the property is not left in the house, which is the security for it; but the man has it about his person; this is not that sort of case to which this law does apply.

GUILTY, 39 s .

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

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

Reference Number: t17861025-62

819. THOMAS PERRY and JAMES SMITH were indicted for feloniously stealing, on the 10th day of September last, four pair of stirrup irons, plated with silver, value 40 s. a double rein snaffle curb bridle, value 20 s. two ditto with a martingal, value 20 s. the property of John Thompson .

JOHN THOMPSON sworn.

I keep the Pied Bull, at Islington ; on Sunday, the 10th of September, I missed the things mentioned in the indictment, out of the stable; I know nothing of the prisoners.

WILLIAM DINES sworn.

I am servant to Mr. Thompson; I had the care of these things in the stable; I missed them about five in the morning. (Describes them.) One of them belongs to Mr. Mence; I never saw the two prisoners, till I saw them before his Majesty.

JOSEPH DINMORE sworn.

I stopped the prisoner Smith on Sunday morning the 10th, in Turnmill-street, with these things in his apron; Perry was with him, but run away; I took from him all these things.

(Produced and deposed to.)

WILLIAM POOL sworn.

About a quarter after eight, on the 10th of September, I was in my shop; I heard the cry of stop thief, and I saw Perry running up the street; he came to my door and ran through my passage; he dropped one of the stirrup irons at my door; one in the passage, and the other on the staircase; he said the officers were after him for a bastard child, and begged me not to detain him.

(The stirrup irons deposed to.)

RICHARD GASKIN sworn.

I took Perry in Mr. Pool's house; he said, it was for a bastard child.

THOMAS ISAACS sworn.

I took the prisoners on the Sunday morning; Smith had this bundle tied up in this brown apron; Perry got away and was brought back.

James Dallard , a sadler, deposed to some of the things.

PRISONER PERRY'S DEFENCE.

On Sunday morning I met Smith; he told me he found these things, and while I was looking at them, Isaacs came up; I was frightened, and ran away into a

house and dropped them; I am a whitesmith, and have tired out all my friends with waiting.

PRISONER SMITH'S DEFENCE.

I was going to get some blackberries, and I found these things behind a bush, and put them in my apron, and coming home I shewed him these things, and Isaacs came up.

BOTH GUILTY .

Each transported for seven years .

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

Reference Number: t17861025-63

820. THOMAS BRITT was indicted for feloniously stealing, on the 11th day of October , thirty-two pounds weight of Gloucester cheese, value 10 s. the property of Rees Williams .

The prisoner was pursued instantly, and dropped the cheese.

GUILTY .

Whipped and imprisoned six months in the House of Correction .

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

Reference Number: t17861025-64

821. HENRY SMITH , otherwise BROWN, otherwise ROWLES , was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Stephen Schnitker , between the hours of eleven and three in the night of the 15th of May last, and burglariously stealing therein one green cloth coat, value 5 s. one linen waistcoat, value 2 s. one pair of nankeen breeches, value 3 s. and one pair of gloves, value 2 d. his property .

(The case opened by Mr. Garrow.)

JOHN STEPH. SCHNITKER sworn.

I am gardener to Mr. Godfrey at Isleworth ; I have a house in my own occupation in which I reside, it is a house of Mr. Godfrey's, but it is a separate dwelling for me and nobody else.

Court. How far from the dwelling-house? - About three or four hundred yards, not adjoining to any part of his dwelling: on the 6th of May, in the morning, a little before six, I slept at that time in the great house, in the dwelling-house, the night before I saw my own house secure, and the garden every where locked round; when Bowley called me, I found one of the panes broke and the sash open, somebody had introduced a hand and put back the spring, the door was fast; I missed a brown cloth great coat, and a dark green close bodied coat, almost new; two white washing waistcoats, a pair of buckskin breeches, a pair of nankeen breeches, two pair of leather gloves, some neck and pocket handkerchiefs and stockings; I never saw the prisoner before.

Court. Had you no shutter to your windows? - No.

Where did they look to? - Into the melon ground where the house is.

Is your melon ground inclosed by a wall? - Yes, he got over two walls and a hedge, with spikes besides, with a ladder from a neighbouring lady's garden, and so came over to my house.

WILLIAM BOWLEY sworn.

I am under gardener to Mr. Godfrey, I saw this house window open, I went up to it, and I saw two dirty waistcoats laying on the ground, and an ink-stand thrown down on the outside; I saw a clasp knife in the window, that I knew was not my master's, I never saw it before; I alarmed Mr. Schnitker, and he came and missed his things; I never saw the prisoner.

ROBERT PYCOTT sworn.

I am a day-labouring man, I did live at Isleworth; Richard Rowland and me were walking out one day, and we saw an old pair of breeches laying in a hedge, about half a mile from Mr. Godfrey's garden house, we left them there, we found an

old shirt and two old handkerchiefs and seven duplicates.

Where were these duplicates? - In the pockets of the breeches; I gave the duplicates to my landlady, Jane Hitchins .

RICHARD ARNOLD sworn.

I was with the last witness, and saw him find the things; I took out the duplicates myself and delivered them to Mr. Hitchins.

JANE HITCHINS sworn.

Received the things from the last two witnesses, and gave them to Ann Rampen : who being sworn, said she gave them to the prosecutor.

JAMES MULCASTER sworn.

I am a pawnbroker in Chandler's-street, Grosvenor-square, on the 14th of December last, a coat was pledged with me, in the name of Henry Smith , some time in May, but I am not positive to the time; one of the officers from Bow-street along with the prosecutor, brought a ticket of this coat, and desired if the person who pledged it came again, that I would stop him; on the 30th of September, the prisoner came for the coat, he said he had lost the duplicate; I had not a person in the shop, so I sent him to make oath of the loss of the ticket, and that the coat was his property, and in the mean time I got people to be present; when he came I wrote, received of William Mulcaster a coat, and he wrote his name, as he was writing his name I apprehended him; when he came for the coat, I asked him where he lived at the time of pledging it, he said at Kensington; I looked at my book and found it was so entered; the ticket that was given at the time of pledging this coat, was found among the others.

Prosecutor. I went with this ticket to Mr. Mulcaster's, it was one of those given me by Rampen.

Hitchins. I received this ticket of Pycott and Arnold.

ROBERT MORRISON sworn.

I am servant to Mr. Davis, a pawnbroker in the borough; I produce a pair of nankeen breeches and a white waistcoat, which were pawned at our house, but I do not know by whom, for the man that took them in is gone away; I do not know the prisoner.

Have you your book with you? - No.

Have you any means of knowing what ticket was given with that pair of nankeen breeches? - Yes, I know the hand-writing if I see it.

PATRICK MACMANUS sworn.

I took these things of the prisoner at Bow-street, on the 30th of September, there is a shirt, a coat, a pair of gloves, and there is that duplicate that that pawnbroker speaks of I found upon him, that is the duplicate of the nankeen breeches.

JOHN SHALLARD sworn.

I went with this duplicate to Davis's, and found a pair of breeches and a waistcoat.

Morrison. I can swear to this ticket, it is the writing of our man; he went away two days after.

Prosecutor. This dark green coat was found on the prisoner's back, it was almost new, they are my property, the gloves are mine, the shirt has my mark, the stock I am in doubt about; I know the breeches and waistcoat.

John Deechman , the prosecutor's taylor, deposed to the coat and breeches being his work.

Court to Mr. Garrow. What do you say to its being the dwelling-house of Schnitker?

Mr. Garrow. My Lord, I was thinking of that, it seems to be the dwelling-house of Mr. Godfrey.

PRISONER's DEFENCE.

In May I went down into Suffolk, where I was bred and born, I received a letter that my father was very bad, he died the 2d of June; in July I came to town to see my brother; I had got a little money and I bought the things I had on in Rosemary-lane;

I had nobody with me when I bought them.

Court to Prisoner. You might have had witnesses to prove when you went down to Suffolk to see your father, that will be sufficient for you, if you can make it out that you was in Suffolk at the time this robbery was committed.

Prisoner. My friends have been here two days, they went away last night.

Court to Morrison. When was that ticket dated? - The seventh of August.

GUILTY Of stealing, but not of the burglary .

To be transported for seven years .

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

Reference Number: t17861025-65

822. ELEANOR KIRVIN alias KARAVAN , widow , was indicted, for feloniously making, forging, and counterfeiting, and causing and procuring to be falsely made, forged, and counterfeited, and willingly aiding and assisting in the false making, forging, and counterfeiting, on the 14th day of March last, a certain will and testament, partly written and partly printed, with the name Samuel Druce there to subscribed, purporting to be his last will and testament, as belonging to the ship Magnificent, by which will the said Samuel Druce gave to his mother all his wages, and which said will was witnessed by Charles Payne and Hugh Flannagan , with intention to defraud our Lord the King .

A second count for uttering this will, with the like intention.

A third and fourth count, with intention to defraud Richard Bennett .

The indictment opened by Mr. Fielding, and the case by Mr. Baldwin.

SAMUEL HAWKINS sworn.

I am a clerk in the Prerogative Office, Doctors Commons (produces the will), this is the original will from the Prerogative Office.

Mr. Sheridan, Prisoner's Counsel. Where did you find this will? - It was delivered to me by Mr. Watson, the record-keeper at the office.

Court. Was it delivered to you at the office? - Yes.

CHARLES FORD COGAN sworn.

I am clerk to Mr. Nathaniel Bishop ; he is a proctor in Doctors Commons.

What is that paper? - A will; I did not receive it, I have seen it in our office.

Who produced it there - I cannot tell.

Is there a jurata in the back of it? - Yes.

Who wrote the jurata? - I wrote part of it.

Who swore it? - I cannot tell.

Who attended the person? - I do not know.

Did not you go with the person that swore it? - No, not that I recollect.

Who went with the person? - Either the other clerk or me.

Who gave you the directions to write the jurata? - The prisoner I suppose; I cannot positively tell, I do not recollect.

Did not you go with her after you wrote the jurata? - Not that I recollect; I believe I did not.

Did you ever see that young woman before? - Oh, yes.

What is her name? - I do not know, she has two or three names.

How often have you seen her? - I cannot tell.

When did you first see her? - I do not know exactly.

Where did you see her? - At Mr. Bishop's office.

What purpose did she come there for? - About business; about other business besides this; I do not recollect when I saw her upon this business; I have seen her about other business.

Was not you examined before the Alderman at Guildhall? - Before the Lord Mayor.

When was that? - I do not recollect the day.

When was the month? - I do not recollect the month.

Was you examined upon oath? - Yes.

Was that young woman there? - Yes.

What did you say then?

Mr. Garrow. I object to that.

Court. It is more properly cross examination to be sure.

Mr. Silvester. Was your examination taken in writing? - I do not know.

Will you swear that that young woman did or did not bring it? - No, Sir, I cannot swear either way, whether she did or did not.

Can you tell us how that came into your office? - I do not know really; I wrote part of the jurata.

Let me see how much of it you did write? - These three bottom lines of the first part, there are two lines not of my writing at all.

Who directed you to write these? - I cannot positively swear; I do not recollect who it was, but I suppose it was the prisoner.

Court. What that directed you to write the jurata? - Yes.

Mr. Garrow. Certainly not.

Who gave you that account of prizes written on the jurata? - It is so long ago I cannot recollect.

Do you mean to swear, that it is so late you cannot recollect whether you received any instructions from that woman at any time? - Yes, Sir.

At any time? - Yes.

THOMAS MITCHELL sworn.

Examined by Mr. Baldwin.

I am clerk to Mr. Bishop; he is a proctor; I have lived with him a year and a half; I have very often seen the prisoner at Mr. Bishop's.

Look at that paper, did you ever see that paper at Mr. Bishop's? - I cannot recollect whether I ever saw it at Mr. Bishop's.

Can you tell when it came first to Mr. Bishop's? - I cannot.

Can you tell how it came? - I cannot.

Can you tell how it came into your hands? - It appears by this that the clerk in the office had wrote the jurata, and had wrote it wrong; here is my handwriting in the alteration; I cannot tell when I wrote this; I have seen the prisoner very often at Mr. Bishop's; I cannot recollect in particular that I ever saw her claiming any effects of Mr. Druce's.

Did you ever see that paper? - Yes, I have seen it before.

Cannot you tell how it came to Mr. Bishop's? - I cannot tell for certain; I presume it came there to be proved, but I cannot tell how.

Who received it? - I cannot tell; there is Mr. Willoughby, the clerk, the last witness, and the proctor; I never was at Guildhall.

WILLIAM YOUNG KNIGHT sworn.

Mr. Garrow I understand that you at some time had a conversation with this woman in the presence of Mr. Letwyche? - I believe I had.

I only wish to say this to you, at the same time, I believe, you said, you would not take advantage of any thing that did pass in a particular conversation? - I believe I might.

Then, I believe, my Lord will tell you, that any thing that did pass at that conversation must not be mentioned now? - I meant to carry my engagement no further.

State what was the engagement? - That no advantage should be taken of what passed at that time.

Mr. Garrow. Then I object to your stating any thing that you came to in consequence of that; do you know any thing that you came to in consequence of that conversation? - I do.

Mr. Baldwin. I am not going to ask him any thing that passed in consequence of that at that time, I believe the conversation that I am enquiring after, passed previous to that time, and if it should happen

to have passed after that time, the engagement being, that what passed at that time should not be disclosed, does not come within agreement; it is the duty of Mr. Knight, in the office he is in, to enquire into seamen's wills, before the commissioners make any payment upon them; the application made to him was made by the prisoner as the representative of Druce previous to that time.

Court. If it is brought into the shape of an objection of which I can take notice, it must be that of the common objection, that something has been said to this woman which has induced her to say something; I shall object to that as not fit to be heard; but as to the point of honour I have nothing to do with that.

Mr. Garrow. Was what you are going to state previous to what passed, or subsequent? - I think it was previous.

Mr. Baldwin. Did you at any time apply to Doctors Commons to search for the wills of seamen? - I did.

When was it? - In the month of April last.

Did you find the will of Druce? - I did.

Did you any time, and when, after see the prisoner? - In the month of April or May I saw the prisoner.

Did you take any measures upon it to the payment of wages? - I saw the will, I thought it suspicious, and I gave notice to the Pay office not to pay the wages till the suspicions were cleared up; in consequence of the wages being stopped the prisoner came to my office, and brought a man of the name of Hugh Flannagan , whom she pretended to me was a witness that attended the execution of the will.

Did she bring any body else? - No, I sent the man out of the back office, and examined her apart.

Court. Now before you examined her, did you inform her that you had any evidence that the will was forged, or make her any promise? - No, none in the world, I took minutes from her into this book which I have in my hand.

Court. You may refresh your memory. (Looks at it.) She said the will was filled up and executed, at the same time, to the best of her knowledge, her business with me, was to clear up my objections; and to procure a certificate from me to enable her to receive the wages; she said, the deceased then belonged to the Monsieur, that he ran from the Monsieur, and then changed his name to White, and entered on board the Lord Mulgrave, by the name of James White ; that he wrote to her from the Superb in the East Indies; that she need not expect him in the Lord Mulgrave, for that he was pressed into the Superb; she said, that the Monsieur was in the harbour of Spit-head, when the will was made, that was her expression; she said, that Charles Payne , one of the witnesses to the will, died on board the Monarque, in the name of Charles Wellingham .

Mr. Baldwin. Did you see that will that has been produced to day? - Several times; I saw it at the Prerogative office, and I saw it at Guildhall.

Court. Had she the probate at the time she came to you? - I do not recollect.

Was she present when that will was produced to you? - She was.

Was that the same will which was produced at Guildhall? - (Looks at it) This is the same.

Did she then claim under that will? - She did.

Mr. Sheridan. Recollect yourself, when the word claim is made use of; you are a gentleman of the law, and I am sure you understand that word claim; claim what under it, and did she claim at any thing at all? - I do not know that she claimed money; I took a minute of the words she made use of.

Mr. Baldwin. What were they? -

"The man made the will to me." meaning the will in question.

Court. This was at Guildhall when this will was produced? - Yes, it was.

Mr. Sheridan. Pray, Sir, was ever Mr. Letwyche at your house? - I believe he was.

Did you ask her a great many questions? - I did.

Did you take the questions down in writing? - I do not know; I do not remember upon my oath.

Have you any letter of this Druce's? - I cannot say that I have till they are proved.

Have you any letters? - Yes.

Have you all his letters? - All that ever came to my hands.

Court. Were the letters deposited with you or written to you? - Deposited with me.

(The will read, and the record examined by Mr. Garrow.)

"In the name of God, Amen; I Samuel

"Druce, mariner, late of his Masty's

"ship, Magnificent, &c. I give and

"bequeath, unto my friend Eleanor Keirvin ,

"all such sum and sums of money, due

"for wages, &c. and all the residue,

"making her executrix; dated the 20th

"day of April, 1781.

" SAMUEL DRUCE ."

"Signed, sealed, published, and declared

"by the said Samuel Druce , as

"and for his will and testament; in

"the presence of us Charles Payne

"and Hugh Flannagan ."

HENRY WILLIAMS sworn.

I am a clerk in the Navy office.

Look when Samuel Druce entered at the East Indies, on board the Magnificent? - On the 29th of August, 1778, Samuel Druce and Charles Payne entered on board the Magnificent, as able seamen; Druce was discharged on the 8th of January, 1781, to the Monsieur at Spithead.

When was Payne discharged? - On the same day and at the same time.

What became of them from thence? - They both ran away from the ship on the 7th of June, 1781.

Where was the ship on the 20th of April, 1781? - (Looks at the Monsieur's log book.) - At Gibraltar bay.

When did she set sail for Gibraltar bay? - The 7th of March; she was at sea on the 9th of April; she was at sea on the 14th of March; she was at Spithead on the 13th; so that she must have sailed on that day.

Do you find the name of Hugh Flannagan on board the Monsieur at all? - I have looked and I can find no such person on board the vessel.

Mr. Garrow. Do not they often run some days before they are entered? - I do not know.

Court. Can you tell when the Monsieur returned from Gibraltar bay? - On the 19th of May she arrived at Torbay.

WILLIAM COLSTON sworn.

I produce the books of the Lord Mulgrave; I find the names of Charles White and Charles Wellingham , entered on board the Lord Mulgrave on the 8th of June 1781, and were pressed in the Monarque, the 20th of March, 1782.

To Williams. Turn to the Monarque's book? - James White entered the 20th of March, 1782; he was born on the Monarque's books on that day, he came from the Lord Mulgrave, Indiaman.

What became of him? - He was discharged in the Superb on the 7th of August, 1782; James Wellingham entered the same time the 20th of March, from the Lord Mulgrave.

What became of him? - He died the 16th of December, 1783, at the Cape of Good Hope.

Look at the Superb's pay book? - He entered on board the Superb from the Monarque the 8th of August, 1782; he was discharged the 5th of November 1783, to the Combustion.

Now look at the Combustion's books? - James White enters on board the Combustion the 6th of November, 1783; on the 12th of November he was sent sick to the Military hospital; he died on the

17th of February, 1784, at Bombay hospital.

SAMUEL SAY sworn.

I know Druce by his being a shipmate.

What was his Christian name? - Samuel, to the best of my knowledge; he was pressed the 5th of August, 1778, out of the Ceres into the Magnificent; I was pressed out of the Worcester; I remember Payne very well; we returned and went on board; I cannot say to one day; Payne was a messmate with me; he was two years and upwards on board the Magnificent; at the expiration of that time I went to the hospital; but I think he went on board the Monsieur to the best of my knowledge.

Was there any other Druce on board the Magnificent? - No other.

WILLIAM ACH sworn.

I was an officer on board the Monsieur; I do not remember Druce personally.

Do you remember Payne? - I do not remember either of them.

Where was the ship in April 1781? - At Gibraltar; she arrived at Spithead the 20th or 22d of May following.

Mr. Garrow. How often do you muster your men when you arrive in port? - The clerk musters them every week.

If a man is marked run, we are not to take that as the exact day, but as the next muster day? - He is allowed three musters if in port.

Therefore these three men being marked run, at Portsmouth, on the 7th of June, and you arrived the 20th of May; do not you take it that the probability is that they ran soon after the 20th of May? - Yes.

THOMAS DRUCE sworn.

Mr. Baldwin. I call this man to prove, that he has sent some letters to his mother informing her he had signed such a will, and giving his reasons for signing his name.

Druce. I am a distant relation to the deceased, as far as third cousin.

Did you know him? - Very well.

Did you know his hand writing? - Very well; we had our education together.

Look at this letter, is that his hand writing?

Mr. Baldwin. I beg leave to read three letters.

Mr. Garrow to Druce. Are you a seafaring man? - No.

How lately have you seen him? - Not for the space of eight or nine years.

Have you ever seen him write from the time you finished your education together? - I have received letters from him, and I have seen him write several times.

How long had you left school before he died? - I suppose as much as fourteen or fifteen years.

Was it the last eight or nine years that you had seen nothing of him? - Yes, it was.

Had you been much acquainted with the changes of his life, how he has been disposed off? - Yes, Sir, I knew very well that.

How many different ways did he spell his name? - Druce; I never knew any other way of spelling his name; I never saw him write after he went to sea, to the best of my knowledge.

Look at these letters. - I have, I believe them to be his hand writing.

Read.

"February the 26th, 1781.

"- Spithead. Honoured Mother, this

"comes with my duty to you, hoping

"you are well, as I am at present,

"thank God for it; I received your letter

"and am very sorry to hear of your distress;

"I have not received any prize

"money as yet, nor do not know whether

"I shall receive any yet awhile; as we are

"draughted to another ship; we are now

"in a fine frigate, and good officers, and

"I hope we shall take some prizes; our

"ship's company, before I came on board,

"took a very rich prize, a Dutch East

"Indiaman; I have got a will and power

"on board, but I must get it signed by

"our captain, and he is on shore, as soon

"as he comes on board I will get them

" signed; I want to know whether you

"think best for me to send them in a

"letter, or parcel; I have sent you three

"guineas, a draft in this letter, as wages

"are very small on board a man of war,

"and being so long in a hot country I was

"in want of many things, but the first

"money I receive, I will remit some; so

"no more at present from your dutiful

"son

" SAMUEL DRUCE ."

P. S.

"Be sure to send me word when

"you receive this, as soon as ever you

"can; I will not send the will and power

"before you send me an answer."

Adressed to Mrs. Margaret May .

"May the 30th, 1781, from on board

"the Monsieur, at Spithead. Honoured

"Mother, this comes with my duty to

"you, hoping you are well as I am at

"present, thank God for it; we have

"been to Gibraltar; it is a very troublesome

"place, where the Spaniards are fireing

"day and night; their row galleys are

"very troublesome, coming near our ships

"engageing them; at my gun, a man had

"both his legs shot off; Mother, I am

"much surprised that you never sent me

"a letter, whether you received my letter

"before we failed with a draft with it, for

"three guineas, to be paid at the White

"Hart, in the Borough; I have the will

"and power which I mentioned in my last,

"which I want to know the best way to

"send; I hope it will be in my power to

"send you some more soon; as we expect

"some prize money; excuse my not writing

"before, being so busy in rigging our

"ship; I have recollected, I think that

"Mr. May is a person I have heard you

"speak of; I should be glad to know;

"so no more at present from your dutiful

"son

" SAMUEL DRUCE ."

P. S.

"Pray send me an answer as

"soon as you can."

"June 11th 1781, on board the Lord

"Mulgrave, Indiaman, at the Mother-bank.

"Mr. Fisher, this comes with my

"respects to you, hoping you are well,

"and all friends; my duty to Mr. and

"Mrs. Atwood; I left the Monsieur frigate,

"in Portsmouth harbour, for liberty

"on shore, after coming from Gibraltar;

"I am very happy where I am, from

"twenty-two shillings and sixpence, to

"two pounds a month; I sent my Mother

"a draft for three guineas, at Portsmouth,

"at the Blue Posts, which I hope

"she received; here is my will and power,

"if you w ill be so kind to convey it

"to my Mother, if living, No. 11, Sherbourn-lane,

"Lombard-street, or elsewhere:

"my duty to my mother, love to your

"brother, Charles Wright and Betsey,

"my kind love to Mr. Samuel Druce at

"Whitney, and Mr. and Mrs. Alter, as

"my friends and well-wishers; my name

"at present is James White , for if taken

"I should be flogged from ship to ship, as

"we are bound to Madeira and Bengal;

"so no more at present from your well-wisher,

" Samuel Druce ."

Adressed to Mr. John Fisher , butcher, in Newgate-market, near St. Paul's, London.

Mr. Wilson. It rather appears here to be signed Duce.

Captain JAMES URMSTON sworn.

I am a captain of the Lord Mulgrave; this is my hand writing; I witnessed this will; it was filled up by my purser. (Read.)

"In the name of God, Amen; I James

"White, mariner, on board the Lord

"Mulgrave, East Indiaman, being of

"found and disposing mind, &c. to my

"mother Margaret Bennett , of London,

"all my wages, &c. dated 12th of June,

"1781. Signed James White , signed

" James Urmston ."

Mr. Baldwin, to Druce. Look at that will? - I do not believe that to be Samuel Druce 's hand writing to the best of my knowledge.

Mr. Sheridan. He wrote his name but one way? - No, Druce.

Court. How is that will? - Drulce.

Is it from the difference of spelling, or from the different manner of writing, that you judge it not to be his hand? - I judge it from the hand.

JOHN FISHER sworn.

Did you know Samuel Druce ? - Yes.

Will you look on the direction of that letter? - I have known him sixteen or eighteen years; this letter was sent to me; I received it with his will and power in it.

Look at that, was that the will that you received inclosed in this letter? - Yes, it was; I was acquainted with his hand writing.

Look at the signing of that will? - This is not his hand writing.

Can you take upon you to be sure of it? Yes, I am very sure of it.

Did you ever know him to spell his name with an I? - No, Sir; nor he hardly ever wrote Samuel in full; I do not know that he ever did.

Court. Is it wrote all full in that will? - Yes, it is.

(The letters and wills shewn to the Jury.)

Mr. Sheridan. Was not you examined before my Lord Mayor on this business? - Yes.

Were not several letters produced before the Lord Mayor? - Yes, but only one of mine.

Did not you then say that you knew him a long time, and that that was not like his hand writing? - Yes.

Did not you say also before the Lord Mayor that it was not his mode of writing his name? - Yes, Sir, I did.

Do you recollect whether it did or did not turn out on that examination, that amongst the letters produced of his, that you recognized that he spelt his name three different ways? - No, Sir, he had made a mistake in one letter, Duce.

CHARLES FISHER sworn.

Did you know Samuel Druce ? - Yes, Sir.

Had you known him for any time? - Six or seven years.

Have you, during that time or at any time, seen him write? - Many times.

Was you acquainted with his hand writing? - I do not know I should know it.

(The will shewn to him.)

Do you believe that to be his hand writing? - I think it is not, to the best of my knowledge.

If you have any particular reason, you will be so good as to mention it? - It does not appear to be like his hand writing.

Did you ever know him to spell his name with an I? - Never.

Mr. Sheridan. Do you ever remember him to spell his name any other way than Druce? - Never.

Look at that? - (Shews him one spelt Duce.) - This is not his usual mode of writing.

WILLIAM NORMAN sworn.

Did you know Samuel Druce ? - Very well, have known him many years; I saw him write many times. (The will shewn him.) I do not think this is his handwriting.

Did you ever know him spell his name with an I? - No.

Mr. Sheridan. Did you ever know him spell his name with an S. - No, never; he always spelt his name Druce.

ELIZABETH WELLS sworn.

I know Samuel Druce ; I have seen him write. (Looks at the will.) I do not think this is his hand-writing; I knew him when he was in his apprenticeship; have seen him write in his shop-book.

Look at that, and see whether that is his hand-writing or not? - I think it is.

How is it spelt? - I know how he used to spell Druce.

How is that spelt? - That is not spelt as he spells his name now.

(Shews her a letter spelt Duce.)

JOHN CLIFFORD sworn.

I knew Samuel Druce on board the Lord Mulgrave, East Indiaman, when he went by the name of White. (Looks at the will.) I do not think that to be his handwriting.

Mr. Sheridan. How long were you on board with him? - I was eleven months nearly; I was not shipped with him; I do not know who were; I am sure he never told me.

Did he tell you he was under any obligation to any body? - No.

Or that he gave a will and power to any body? - No; he said he run away from the Monsieur.

Mr. Baldwin to Samuel Say . Did you know Charles Payne ? - Yes.

Did you ever see him write? - I have seen him write several times.

Look at that name. (Shews him the witness's name.) - I never saw him write so good a hand in my life; I verily believe it is not his hand-writing.

THOMAS FLUCK sworn.

Did you know Charles Payne ? - I knew him by the name of Wellingham; I saw him write about three or four times.

Will you look at the signing of Charles Payne .

Mr. Garrow. You knew a man of the name of Willingham? - Yes.

Did you know him by any other name? - He has told me his proper name was Payne, and besides he had the initials of C. P. on his arm; I knew him at Madrass, in the Monarque.

What have you had occasion to see him write? - There was a messmate of mine, who belonged to the Magnificent; his name was Charles Johnson ; he could not write, and got this Charles Willingham to write a letter for him to his girl in London; I can write myself; I never saw him write but that once; I never saw him write Charles Payne ; I have seen his writing two or three times.

Mr. Baldwin. From the knowledge you have of his writing, do you believe that to be the hand writing of Payne? - No, Sir, I never saw him write so good a hand; he could not write so well when I knew him.

Court. Is the manner of writing like it? - By what I can see of it, I do not think it is his hand-writing.

Court to Prisoner. Here is a very heavy charge against you; you are charged with forging a seaman's will; the will is dated at the time, when this man was certainly not at Portsmouth, or in the neighbourhood, but was on board; and the handwriting is impeached both of the seaman, and one of the witnesses; and it appears that he made at the same time, another will in behalf of his mother.

Prisoner. I leave my defence to my counsel; but if you please to let me speak a word to Captain Urmston .

Court. Ask him any question.

Prisoner. When Captain Urmston 's ship came home to Portsmouth, I believe it was in June, I applied to him, and told him I could get him some men; he said he would pay me for it; I got him fourteen or fifteen men. One of them that applied to me was Druce; and he told me he would make me his will and power if I would advance him some money; I shipped him, and he promised to pay me; he went on board; I found he was shipped in the name of James White ; it made me angry; at the time Captain Urmston witnessed me a power of attorney from one George Edwards , who could not write; I received nothing but upon the power of attorney I had from Druce; I received the prize money, and honestly and justly obtained the will. My defence I leave to my counsel.

Captain Urmston . The usual pay I believe is two guineas a man, which I paid her; she got fourteen or fifteen men, which I paid her for.

Mr. Sheridan. And Druce was one of them? - I believe he was; I did not know he had run away from the Monsieur.

Do you know whether you witnessed any other paper for this woman? - I do not remember.

( Hugh Flannagan called but did not appear.)

CAIN O'HARA sworn.

I live now at Black-friars; since the year 1777 to the year 1784 I lived at Gosport; I knew the prisoner.

What house did you keep there? - I kept the Rose and Crown in North-street, Gosport; and I kept the Wheatsheaf in Middle-street, one after the other; and I kept the Castle on Gosport Heath; I was accustomed to lodge and board seamen that were waiting for births; I remember very well that the prisoner brought a man to me by the name of Samuel Druce , which she said belonged to the Monarque; she brought him to me, and desired me to victual him, and give him any thing he wanted, that she was to see me paid.

How long did he continue with you? - For several days, ten, twelve, or fourteen days; she came to me while he was with me, and asked me to lend her five guineas to buy some matters for him to ship him on board an Indiaman; I lent her three guineas.

Were any necessaries bought for him? - I cannot say; he and she went out of my house together; and I never saw the man from that hour to this; it is generally the case in that country, any man that is shipped on board an East-Indiaman, to make payment of the bounty money; I heard the Indiaman was paid, and saw the prisoner there; I said to the prisoner I wish you would go and get the money; I afterwards arrested her for the money and got it; the victualling a man by the name of Samuel Druce was a part of the debt; I dare say he run about seven pounds, including what she had, with me, I arrested her for ten pounds, seven shillings, and eleven pence; I have known her since 1778, she kept a house of entertainment for sailors, not in the public but in the private line.

Mr. Silvester. Where do you live Mr. O'Hara? - In New Bridge-street, Blackfriars.

What number? - I really cannot tell what number, for there is no number to the house; I have lived there very near three months, the landlord's name is Rathberd, a brewer.

Who keeps the house? - I do.

Who is your next door neighbour? - Mr. Smith, a brandy and wine merchant.

Which side of the way is it? - If you stand this way it is on the right hand, if you stand the other way it is on the left; I moved from No. 1, Bishop's Court, Chancery-lane; I left Gosport two years the 6th day of next month; I was in the public line, which made a poor man of me.

I suppose you brought your effects with you from Portsmouth? - I cannot say that.

What became of your books? - They were seized.

By whom? - By my landlord.

What is the landlord's name now that has these books? - Thomas Whitcomb at Gosport, brewer and distiller; he seized every thing in the world, books of accounts, and every thing; how could I have it when at the same time my landlord had it.

Will you swear there is any entry in these books for this debt, due for this man in the name of Druce? - I never entered the man's name at all, I entered her name because she passed her word; it was the month of May or June, I do not recollect which, it was my first going into the Wheat-sheaf; I went in on the 6th of April, 1781, and she had the credit of me either in May or June 1781; I continued there three years, she was the first customer that asked credit of me when I came into that house for any thing of the kind.

Then you entered in the book the debt this woman owed you? - I certainly did; my landlord seized it, I recovered the debt before he got the books, what was paid was waste paper.

Mr. Garrow. Your landlord seized

your effects in 1784, this debt was contracted in 1781, and you arrested her in 1782? - Just so.

NICHOLAS READY LETWYCHE sworn.

I examined this with the original affidavit and had it marked; it is a correct office copy, signed Cain O'Hara, Gosport, in the county of Southampton, maketh oath; ten pounds, seven shillings, and eleven pence, for board and lodging, and goods sold and delivered to the said Eleanor Kervin .

JAMES BIRK sworn.

I have been at sea.

Was you on board the Lord Mulgrave East-Indiaman? - I shipped myself at the India-house in the year 1781, the last day of April; the ship sailed from Gravesend, I believe, the 9th of May.

Do you remember a man on board the ship of the name of Druce? - No.

Do you remember James White ? - Yes.

Where did he ship? - He came on board when we lay off the Mother Bank, a good many of them came together; I have seen the prisoner before, I have seen her on board the Lord Mulgrave, she was off and on for the value of three weeks while the ship lay off the Mother Bank.

Who was she with? - I did not see her with any body in particular.

Did you understand from White who shipped him? - No.

Do you recollect any thing particular about that woman? - When she was on board, I saw her very busy about the men; I remember a quarrel between her and White, I heard White speak to the boatswain's mate, the boatswain's mate asked at the main top what was the reason of the quarrel, and he said that that woman, whether it was this woman or another I cannot say, that she wanted his absent bond to the Mulgrave, and he made answer that he would not, I would see them d - d, says he; I left her, says he, papers before, and I will see her d - d if I give her any more; I did not understand for what ship nor what papers they were; that is all that I recollect of the conversation; I was not much acquainted with James White at that time.

ELEANOR SULLIVAN sworn.

Where did you live in the year 1781? - On the common, hard near Portsmouth I believe it is.

Did you know the prisoner? - I have seen her, Sir, before.

Did you know a man of the name of Druce, a sea faring man? - Yes, I gave him credit when he came home in the year 1780, in the Magnificent, to the amount of four or five pounds; he offered me a power for his prize-money; it is a common thing for seaman to make so many different powers; I heard there was a good deal due, I was glad to embrace the opportunity, I would have taken his power, but I heard he had gone on the other side of the water, and made a will and power to another woman.

Did you ever hear from Samuel Druce that came home in the Magnificent, that he had made a will and power to any body? - I heard he had made a will and power to one Eleanor Kervin; he was draughted to the Monsieur; I was on board the Mulgrave; he there went by the name of James White .

Did James White tell you so on board the Mulgrave? - Yes, I believe in the month of June or July in the year 1781.

Was that James White that you saw on board the Lord Mulgrave, the same man that you had known before? - Upon my word, Sir, to my opinion he was; he told me he had made a will to one Eleanor Kervin in Gosport; he offered to make me another but I would not receive it; I thought if he would deceive her he would deceive me; I know nothing of the woman, she was ungenerous, she got his money and never paid me.

Mr. Baldwin. Do you live at Portsmouth now? - I live in London at present.

May I beg the favour to know whether you are married or not? - No, Sir.

Sullivan is the name you have always gone by? - Yes, Sir; I credited him, and he wrote to me by the name of James White ; I was subpoened only this morning from my own house, I heard it was on account of Samuel Druce , I thought it was to receive some money for him.

I suppose at Portsmouth you told every body of this? - No, Sir, I never told a creature, I am not obliged to tell every body what I know.

Why did not you bring the letter with you? - I did not know.

Did you know what you was to say when you was subpoened? - I did not; this is the first I knew of it, and I never knew any more of it; I have been two years and a half in London.

Have you ever made any application lately to the Solicitor of the Navy Board, or the Solicitor of the Admiralty? - In what cause.

In any cause? - Yes.

Did you make that application in the name that you now come by? - I did in the name of Conway.

Then sometimes you go by the name of Conway; but did not you tell me you never went by any other name but that of Sullivan? - Not at that time I meant.

- BOLTON sworn.

Do you know the prisoner? - Yes.

What business did she follow? - When I first knew her she followed bomb-boating, which is a sea term for those that credit sea-faring people on board the King's ships in general; she credited considerably on board a ship that I belonged to.

Was she understood to be that sort of woman as to be able to credit? - Yes, there were many to my knowledge belonged to the same ship that gave her wills and powers sometimes; I am very confident the seamen have no other security to give; I always found her a very honest woman; I have lent her money at times when I belonged to the ship, and she always paid me very honestly.

Court. What are you? - I was Commodore Hotham's steward in 1781.

Court. Gentlemen of the Jury, they state to me that Flannagan is now in Court, how long he has been in Court I do not know; it is totally out of the course of things to call him now; but if you for your satisfaction should wish to hear him, and the prisoner desires to call him, I will relax.

Jury. That is what we wish.

Court to Prisoner. Would you wish to have him called.

Prisoner. If the gentlemen please; I am sure I am perfectly right.

HUGH FLANNAGAN sworn.

Court. In the first place, when did you come into Court? - I am here about an hour.

Why did not you answer when your name was called? - I was not here then. I was drinking a pint of beer over the way in the Old Bailey with two or three acquaintances.

Who were they? - I cannot recollect their names.

Do not you know who they were you was drinking with? - No, Sir, they were round there, I was not well acquainted with them; I do not know their names.

Can you write? - Yes, Sir, a little.

Court. Give him a pen and ink and let him write; how long have you been disabled, how long have you lost your arm? - I believe in November 1777, to the best of my knowledge.

Now write your name on that paper.

(Writes his name with his left hand, given up to the Court and compared with the will, and shewn to the Jury.)

What are you? - I was bred up to the currying business, but I failed for a thousand pounds, and I could not pay it at that time, and I went to sea.

What ship did you serve in the year

1780? - I was not on board in the year 1780; I came home in the year 1780 from taking one of the galleons, in the Sharke privateer, belonging to Messrs. Newby; after that I came to Gosport and resided there.

In what way? - I lodged in O'Hara's house, at the Wheat-sheaf in Cross-street.

When was that that you lodged there? - In the year 1780, 1781, and part of 1782, I lived upon my prize-money, at that time I received upwards of two hundred pounds.

Did you know Druce? - I have seen him but not to know him.

What did Druce belong to? - By all account he belonged to the Magnificent and Monsieur, and an Indiaman; the time I saw him he was dressed in a light coloured coat and leather apron, and a trowel under his apron; I saw him at Gosport in company with the prisoner, it was at O'Hara's house; they went to Mr. Hinde's at the upper end of Middle-street; that is a navy agent, to have a will and power made, or something of that kind, and Mr. Hind nor his clerk was not in the way, and they came back to the same house, and the house was full of men and women, women of the town, and men, the boats crews; they had been telling their business, some of the sailors said to them, d - n your foolish blood, it will cost you a crown to have it filled; why we will fill it says one, and we will fill it says another, and it was filled by a sea-faring man that was in liquor, I cannot tell his name; there was hundreds and thousands in the house in the course of the week.

What became of it then? - The woman desired me to sign it, and I signed it for one, and there was one Charley Payne signed it for another; I would not know him if I was to see him; he was a lowish man; that is all that I remember; this was some time in the summer 1781, I cannot recollect the time.

Where was O'Hara at the time? - I cannot tell; he was out of the way at the time; he was not present I know.

Did you know Druce, was you acquainted with his person? - No, I was not; I drank with him two three times in that disguise that he was in to prevent him from being pressed as I thought, which was the case with many sea-faring men at that time; I had heard he had run from the Monsieur.

Is that sort of secret well kept amongst a number of you? - Yes, it is, for I have run from a King's ship myself before now; I was on board the Hector man of war in the year 1777, and in a privateer in the year 1779, and took a galleon and brought her in.

How many times might you have seen Druce before you was called upon to sign this? - Three or four times, or perhaps half a dozen; I have often seen him with this woman in the streets of Gosport, and I believe three times at O'Hara's.

What was his business at your house? - I believe he came there to drink, I cannot say his business; it was a great house for sea-faring people.

You yourself lived there, did not you? - I did.

How many rooms were there in the house? - I believe there were six rooms.

How many bed-rooms? - Four.

Do you happen to recollect who there was that lived there beside yourself at the time? - It was impossible, for boats crews were constantly coming and going; this was in the back parlour.

You said you saw the low man Charles Payne sign it; did any body else sign it besides you and Charles Payne ? - No, my Lord, nobody.

Did not this woman sign it? - Not that I saw.

Did not Druce sign it? - Yes, I saw Druce sign it before I wrote my name; I did not see this woman sign it.

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

Reference Number: t17861025-65

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 25th of OCTOBER, 1786, and the following Days;

Being the EIGHTH 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 VIII. 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 Eleanor Kirvin .

Did you understand at the time he signed it, that he then run away from the Monsieur? - I did not; I heard afterwards that he had before that time he had run away; I heard it the next day.

Do you know where he used to harbour after he run away in that manner? - I believe he kept with this woman at her house.

Was you ever at her house? - Yes, I was.

Did you ever see him there? - Yes, I saw him there one night.

Never but once? - Never but once.

Do you know whether he had any lodging there? - I cannot say.

If he did not lodge at her house, you do not know where he lodged? - No, I do not.

(Looks at the will.)

Is that your hand-writing? - It is.

And that is Payne's hand-writing? - It is the man's that I saw sign it.

How came you to be desired to sign it? - I have signed many for many people in the same house; there have been many things done in the same house, and in many houses in Portsmouth besides.

Mr. Baldwin. I see you have had a misfortune in your arm? - Yes.

Had you ever the misfortune to break your leg? - I broke my shin but not my leg.

When might that happen? - Sometime in June 1781 to the best of my knowledge, I think, I will not be sure.

Can you be sure when this will was executed? - It was executed about that month.

Have you ever given any other account of this? - Yes, I gave an account to Mr. Knight as well as I could once; I did not go to Mr. Knight; this woman applied to me; I came from Portsmouth as a witness to another will.

Did not you go with the prisoner to Mr. Knight's to get a certificate? - I know nothing of any certificate.

Did you give you any account to Mr. Knight of this transaction? - I do not know but he might put down what I said.

Did you give him any account of this transaction? - I did.

Did you tell Mr. Knight this was a transaction in the month of June? - I believe I did; I am not sensible.

Did you tell Mr. Knight that this will was executed at O'Hara's? - I did.

Did you tell Mr. Knight that the misfortune of your leg was in the month of June? - I did.

Was it read over to the man who signed it? - I cannot say.

Was it executed when it bears date? - I cannot say.

Did you see the prisoner before it was wrote? - Yes, it was filled up by a seafaring man, who gave it to Druce to sign.

Prisoner. When Mr. Knight first asked me about this matter, I told him I would endeavour to give him every satisfaction; and he examined us all apart.

Mr. Baldwin, to Mr. Knight. Did you examine Flannagan apart? - Yes.

Did Flannagan tell you where the will was executed? - I have the minutes in my book. (Reads.)

" Samuel Druce

"was a lusty man, and born in London;

"served his time as a poulterer, in Leadenhall-market;

"his will was executed in

"Keirvin's house; it was ready filled up;

"he heard Druce say, he had changed his

"name to White; but had resumed his

"right name again; he saw Druce frequently

"at Mrs. Keirvin's in April,

"1781; he remembers it was in the month

"of April, because he broke his leg a few

"days afterwards; which he is sure happened

"in that month; about sixteen

"years since Druce served his time, the

"shop was under the shambles leading out

"of Leadenhall-market, to Leadenhall-street.

"This is the whole of his account to me.

The Jury retired for an hour and three quarters, and returned with a verdict,

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

N. B. When sentence was past, this prisoner pleaded that she was with child; upon which a Jury of matrons was impannelled, who withdrew with the prisoner, and returned with a verdict, that she was with quick child; judgment on her was accordingly respited.

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17861025-66

823. THOMAS LUTWICHE WILLIAM WALLACE and CHARLES MILNE were indicted for feloniously stealing, on the 5th day of October , one cotton waistcoat, value 7 s. the property of John Harrod , privily in his shop .

JOHN HARROD sworn.

I live at No. 4, in Manor-row, Tower-hill ; I am a slop seller ; I can only swear to my property.

HANNAH HARROD sworn.

I am wife of John Harrod ; I know the three prisoners; they came to my shop on the 5th of October, about four in the afternoon; nobody was at home but myself; they asked to look at some jackets, and as they came in, I observed one of them pull at a waistcoat that hung at the door; I went and took it down, and while I had it in my hand one of them asked me the price of it; I hung it up in the window, and they asked to look at another; I took it out of the window, and they asked me the price of that, and I told them; then they asked to look at some blue cloth jackets; one of them put on one and pulled it off; and asked to look at a shagg waistcoat, he put it on, and said, it was too little, he could not button it, and he wished I would see if I could; I told him, no; the tallest of them wanted to shut the door; he pushed the door half way to; and I told them the door must not be shut; and he said, what did I mean, did I think they were thieves; and I told them, I did not know; and they said, they were honest men, and men that could pay for what they had; and that they were just come from on board a ship from Blackwall; that it was better to lay out their money for things for themselves,

than to let the bed women have it; he bid me reach him down another under waistcoat; they were all three in the shop at the same time; I turned round to reach another for the prisoner Lutwitche, and the prisoner Wallace was gone, he had taken a waistcoat out of the window where I had hung it up before; I missed it directly; when I missed the man I was afraid; I had nobody in the house but a servant maid, which I called down directly to take a child I had in my arms; when I said the man had taken the waistcoat; a person stepped into the shop, and said they had taken him; he was stopped directly in the passage by the neighbours that saw him go out with it; the others were in the shop at the time; then the prisoner Milne said, he wished he had pushed to the door and left my nose black; then the runners were sent for, and they were taken away directly; they bought nothing.

Then Lutwiche tried on the things, and Wallace ran away with the waistcoat, and Milne tried to shut the door? - Yes.

Did they come in together? - Yes; they appeared to be acquainted and talked one to another while they were looking at the jacket.

JOSEPH TILL sworn.

I stopped the prisoner Wallace: the first of my taking notice was, they went into a pawnbroker's shop, all three of them, which is opposite our window, and I saw a little scuffle with the master of the shop, and in five minutes after that they went away and went down the street, and about five minutes they came up the street again, and went into Mr. Harrod's shop, and going into the shop, there was some waistcoats hanging at the door, and the prisoner Milne laid hold of one waistcoat and made a snatch to pull it off, and it was so tight he could not get it off; I said to our man, them men are gone into Mr. Harrod's shop; I watched them, and in about ten minutes I saw the prisoner Wallace run out, with a waistcoat; I immediately ran after him, and stopped him with the waistcoat upon him.

(The waistcoat produced and deposed to.)

PRISONER LUTWICHE'S DEFENCE.

I went into this shop; I met Wallace who was an old shipmate of mine; I stood in the shop; I never was in the pawnbroker's shop.

What are you, a sailor? - Yes.

PRISONER WALLACE'S DEFENCE.

I was not in the pawnbroker's shop; I picked up the waistcoat at the door.

PRISONER MILNE'S DEFENCE.

I had some wages owing me for the Irish frigate; I met Lutwiche, he was a shipmate; and a little time after this Wallace came in; I never saw him before in my life.

Were they searched? - I believe not.

What ship did you belong to.

Lutwiche. I belonged to the Alfred a seventy-four.

Was you out of employ? - I came here to receive my pension money.

Prisoner Wallace. I am a sailor ; I was working at lumping .

Court to Prisoner Milne. What was you about? - I was working on board the Bombay Castle, at Blackwall.

GUILTY, 4 s .

Each transported for seven years .

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

Reference Number: t17861025-67

824. ELIZABETH WARREN otherwise TERRY was indicted for that she, on the 2d day of October , feloniously did take away, with intent to steal, a linen sheet, value 3 s. from her lodging room, the property of Thomas Rummers , against the statute .

THOMAS RUMMERS sworn.

I know the prisoner; I let a lodging to her four weeks before she was taken into

custody, which was the 2d of October; the prisoner was taken up on suspicion; and I was sent for to the rotation office, and there I found a sheet, my property; being a sheet belonging to her bed, marked R, and a figure of 6; I am quite positive that the sheet I found before the Justice was a sheet belonging to my bed; I missed the sheet before she was taken up; the pawnbroker has it; his name is Harrison.

THOMAS MUMFORD sworn.

On the 2d of October I had the prisoner in custody; I searched her, and found a duplicate of a sheet, and I found who it belonged to, and sent for the woman.

THOMAS BAKER sworn.

I am servant to Mr. Harrison, in Tottenham-court-road; he is a pawnbroker; this sheet I took in to the best of my knowledge of Elizabeth Terry , that is the prisoner.

Have you any doubt about it? - I cannot positively say; I had known her a good while before as a customer to the shop.

Cannot you tell who you made your ticket to? - No.

Mumford. This is the duplicate I gave in the name of Elizabeth Terry ; this duplicate I made myself; it is so long ago I cannot positively say who I made it to.

(The sheet deposed to.)

PRISONER's DEFENCE.

I was rather distressed for want of money, and she worried me for the money, and I took the sheet; she gave me warning to quit the lodgings; I asked her her objections she had to make; on Sunday morning I went to Swallow-street to a relation's; I staid there till Monday, and I was going to get the sheet, and her father stopped me, and said, I had been accused of theft, and took me directly before a Justice; there was nothing but the sheet; my intent was not to defraud her.

Court The moment you took another person's property out of the house, you committed a fraud.

Prisoner. I expect some people to speak for me from Swallow-street; I work in the neighbourhood; the prosecutor knows where I work, she recomended me.

GUILTY .

She was humbly recommended to his Majesty's mercy.

Transported for seven years .

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

Reference Number: t17861025-68

825. ELIZABETH MARY JAMIMA GARDENER , wife of THOMAS GARDNER , was indicted for feloniously stealing, on the 22d day of September last, twenty yards of white cotton, value 3 s. half a yard of dimity, value 6 d. half a yard of Manchester cotton, value 6 d. the property of Thomas Courtney Devenish .

THO. COURTNEY DEVENISH sworn.

I am an upholsterer ; the prisoner was a shop woman of mine; I had trusted her with some cotton; I missed some coloured cotton; she worked for me in my own house; and I missed ten breadths of white; the reason that led to the suspicion of her being a person that was guilty, I had some beds and things going abroad, and there was a bolster case missed; I charged the prisoner with having it in her care; she denied knowing any thing of it; she went to dinner at one, and at half past one she returned; she came down to me, and said, she had found a bolster and threw it on a table; I said, wherever she had that bolster tick, she must have it in her pocket; but whilst she was at dinner I searched in the shop in the chest where we put the work that is cut out; and I missed eight breadths of coloured cotton, and ten breadths of white; I challenged her and she denied it; she gave the key of her lodgings, and some trifles were brought from thence; she was committed; and in Mr. Hyde's back office, she told me of the pawnbrokers where the different remnants were, and that she hid

her pocket book between the brick work and the steps that goes out of the upholsterer's shop into the cabinet maker's, and there we found the pocket book and duplicates in it; I believe it was distress, and she had a sick husband with the gravel; I never knew her rob me of any thing before.

Two pawnbrokers produced the property that was pawned by the prisoner, which was deposed to.

Prisoner. I did not intend to defraud Mr. Devenish; I had a brother coming to town that I should get some money from; and the prosecutor promised he would forgive me.

The prisoner called one witness who gave her a good character; and said the prosecutor promised her mercy.

GUILTY .

Recommended to mercy by the Prosecutor.

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

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

Reference Number: t17861025-69

826. SOPHIA JONES was indicted for feloniously stealing, on the 2d day of October , a silver watch, value 10 s. a glass, value 1 d. a key, value 1 d. a linen gown, value 6 s. a hat, value 12 d. a cardinal, value 3 s. a linen cap, value 6 d. a cotton handkerchief, value 6 d . the property of William Chambers .

WILLIAM CHAMBERS sworn.

I live on Salpetre-bank, at the sign of the King of Prussia ; on the 2d of this month, I had occasion to go to Deptford, between eight and nine in the morning; I left the watch hanging up, and my wife's gown and cardinal, and when I came home at three in the afternoon the things were gone; to the best of my knowledge the door was locked when I went out; when I returned, my door was unlocked, and the property had been taken out, and found again; the prisoner was in the house as a servant nine or ten days; my wife took her in out of charity, and during that time she behaved as far as I saw very well.

WILLIAM JONES sworn.

On the Monday that the things were lost, about eleven, the prisoner who had been at our house was missing; I overtook her on Tower-hill with the property, and delivered it to my master; the things were right round her middle next her shift.

Did you find out she had any thing round her when you first stopped her? - I did not find she had any thing before her till she dropped a hat going in Rosemary lane; she took up the hat and carried it with the rest of her things, and delivered up the property; I brought her home; she delivered up every thing but a cap, and she put that into the parlour; I did not know where she had put the things; and gave them to me; here are all the things, watch and all; the watch she gave me the last thing; I did not know she had it about her at that time. (The things deposed to.) I brought the handkerchief from India.

PRISONER's DEFENCE.

My master promised me the things if I would let him lay with me; the woman he lives with is not his wife; I acknowledged her as mistress by his orders; he told me to take the things, and lay with me too.

Prosecutor. I deny it.

Prisoner. I have nobody but God and myself.

Court. I am afraid you have not entitled yourself to any assistance from God.

Prisoner. I am but a poor girl.

Court. But you might have been an honest one.

GUILTY .

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

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

Reference Number: t17861025-70

827. ROBERT JONES was charged on the Coroner's inquisition, with feloniously killing and slaying James Barrett , on the 22d day of September last.

THOMAS NEWMAN sworn.

I saw the fight on the 22d day of September, at half past seven, to the best of my knowledge, in the evening; the prisoner and the deceased had some words; I believe they were both coachmen ; one was a waterman the same day; the prisoner was a waterman that day, he had just left his service, but a few days before; they quarrelled concerning a horse-cloth, that the deceased missed the night before, as I understood; I did not hear the beginning of the quarrel, though I saw the beginning of the fight, and the ending of it; the horse-cloth was supposed to be the gentleman's that belonged to the deceased's coach; the other was not out that day; he was a waterman; the deceased was a hackney coachman ; I was waterman that day; the deceased went by the Helmet; he asked me what house I belonged to; he said, we were all thieves at that house, for he had lost a cloth the day before, I told him I was sorry for it; I did not think he had lost a cloth there; I was not a waterman the day before, but the waterman that was, I thought did not wrong him of a cloth, and I understood the cloth was found; he was going by with a fare in his coach, and he said in a little while, he would come back and settle it; which I understood he did; I saw the coach at the door in twenty minutes after; I did not see the coach come to the door; but I saw it as soon as it was there; and I went to the door and went to the deceased's horses; I was going there when they were having some words in the house; I heard the words; they came out of doors, and they were going to sight; that was Robert Jones , and the deceased James Barret .

Were they stripped? - Yes.

To their skin? - Yes; and I put them back again; and I put the deceased into the back room and desired him to put on his clothes, but he insisted on fighting it; then out of doors they both came, and they shook hands before a blow was struck; then several blows were struck, and they fell down; there was nothing but fair play, that I saw; they were helped up at the time of the fight; the deceased was desired to give over; the prisoner was very willing, but the deceased was not willing to give over; then the deceased was knocked down, and was helped up again, and led into the house, after fighting for a quarter of an hour or rather less; then the deceased was led into the house; then the prisoner wanted to shake hands with him; and he said, no, he would not shake hand with him, he would have it out another day; and there are witnesses to prove that he came from Moorgate on purpose to fight the prisoner.

What condition was the deceased in at that time? - He appeared to be very ill, but appeared to us to be very sulky, or something of that kind, he was a person I did not know; he sat down after he spoke these words; a little while after we helped him into a coach and sent him home to Moorgate; I do not know how long he lived; I believe he was alive at Moorgate.

Mr. Garrow. Do you know who struck the first blow? - To the best of my knowledge I do not; but this man was very averse to fighting, but the other insisted upon it.

You told us that they shook hands at several times? - Yes.

How did it happen in this instance, who proposed the shaking of hands? - I cannot say that.

Do you mean this, that it was shaking hands by way of mutual consent to box it out? - Yes, without all manner of doubt.

Jury. Was the deceased drunk? - To the best of my knowledge they were neither of them quite sober.

SAMUEL DAVIS sworn.

I was going past the door, and I saw the coach stand; I asked the man who was feeding the horses, where James Barret

was; says he, he is in the house, and going to fight; then says I, he is drunk, because I knew him; he was stripped; I took him by the arms, and put on his clothes; he said do not go, where are you going? I said no where; then they went out to fight, and shook hands for the space of three or four minutes; and Jones said he would rather put on his clothes than fight; and the other would see which was the best man, and he turned and gave Jones a knock, and they fought for near a quarter of an hour, as nigh as I can guess; the deceased struck the first blow on the side of the head; they had several very hard falls both of them in the street; and I picked him up three or four times, but having such a pain in my loins, I was not able to do it.

Was it what you call fair fighting? - It was a fair fight.

If these people will be so brutal to fight in this manner with one another, does it never occur to you to go somewhere to fight, that you might not have the stones to fall upon? - I do not know; it was over; he gave out, and said he would not fight any more then, but he would have it out another time; he spoke no more that I heard of.

Jury. Were they both drunk? - I really believe that neither of them was cleverly sober; as for Barrett, he was very drunk; we took him into the house, and put on his clothes as well as I could; and I got somebody to help him into a coach, and I drove him home to Moorgate; when I came there, somebody said he was dead, and somebody said he was not; I saw no breath, and I went for a surgeon to bleed him; the surgeon would not come; he said where they fought, there he might go and be blooded.

When you came back from the surgeon's, was he dead then? - Not as I know of.

How soon did he die? - I cannot tell how soon after; I helped him out of the coach into his master's house.

Mr. Garrow. He was your acquaintance? - I lived a fortnight with him; I did not know any thing of this man; Barrett was certainly very much in the wrong, and provoked this man; I thought he had had a good beating, but I did think he would die.

SAMUEL PRICE sworn.

On September the 24th, I opened the body of the deceased; and on the left side, below the false rib, in the cavity of the abdomen, I found a quantity of blood, perhaps exceeding a pint; on the external surface of the body, on the left side, on the fifth and sixth ribb; there was some contusion, but by no means mortal in itself; that is all I know.

Was there any appearance of a rupture in any vessel? - No, there was not.

From whence did that blood proceed do you apprehend? - Perhaps from too great an action of the heart; from too much drinking; it must come from some vessel undoubtedly, but not visible.

You could not discover that some artery had burst, or any large blood vessel? - By no means, my Lord, they were in a perfect healthy state.

What do you take to be cause of his death? - Perhaps an apoplexy.

Did you open the head? - I did; the brain seemed to be in a healthy condition.

Does it happen that people die of apoplexies, without the disorder shewing itself upon the brain? - It does, my Lord, but not often; the heart and arteries appeared in a healthy state; I cannot say to a certainty what might be the cause of his death.

Would the blood that you found in the abdomen have produced it? - Not instantly, but in the course of twenty-four, or thirty-six hours; it must have been taken up again into the absorbent vessels, and taken again into the system; it could not have been discharged any other way than by the absorbent vessels.

Did you find the heart and receptacles surcharged with veinous blood? - They were; I meant by healthy state, that the

heart and arteries were not by any means ruptured.

RICHARD MORRIS sworn.

On the 22d of September last, when James Barret came in; I heard him send out for the prisoner, and when he came in, he accused him of the theft of a horse-cloth; and Rober Jones declared he was innocent of the affair; the deceased insisted upon fighting, and pulled off his clothes; and Robert Jones declared he had rather not fight; and the deceased was pushed into another room backwards, and desired not to fight; and Robert Jones was asked to put on his clothes, and he said he would; Robert Jones took up his clothes to put them on, and the other came out, and went into the street to fight; and they shook hands, and the deceased gave Robert Jones a blow, and I saw nothing but fair play during the time of their fighting; the deceased was brought into the house, and set upon the bench, and the prisoner went to him, and asked him to shake hands and make it up, and he said with an oath, he would not, he would have it out another time.

ROBERT HARVEY sworn.

I was coming down Holborn after this fight was over; I saw a great many people standing; I saw a man whom I knew, and he said there had been a fight; I asked him who they were; and he said Robert Jones and James Barrett ; I went into the house, and I saw the deceased sitting on the bench, and his head leaning on the side of the table, and another man putting on his clothes, and they brought him out, and put him into a coach; when he was put into the coach, I asked the prisoner to go home with him; he said I cannot go, I must mind the rank of coaches; and he asked me to go with him; and I said I would, for I thought that it was sit somebody should go with him; I went with him to Moorgate; and when we came there, I got out, and another man that helped him up into the coach, and lifted him up, and he seemed rather to fetch his breath; I sent for a doctor to bleed the man, as he seemed to be in a very bad situation; they went for the doctor, and he would not come; he said where the man had been fighting, there he might get blooded; he was taken into his master's yard, and in a few minutes after they said the man was dead; then I went there, and saw him laid out at his master's house.

Mr. Garrow. Was he laid in the coach? - He set his back up against one side of the coach, and his fore side up against the other; I prevented him from falling down; he never spoke to me.

JAMES COLVIN sworn.

I saw him in the coach; he was very abusive, and very troublesome when in liquor.

GUILTY , Manslaughter.

Fined one shilling , and confined one week in Newgate .

Court. Let the Recorder know the favourableness of the case.

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17861025-71

828. MARY (the wife of JAMES) CARROL was indicted for feloniously stealing, on the 29th day of September last, one linen shirt, value 5 s. and one linen sheet, value 10 s. the property of Charles Dobinson .

(The case opened by Mr. Garrow.)

CHARLES DOBINSON , Esq; sworn.

The prisoner was an assistant to the laundress ; I lost the things mentioned in the indictment.

CHARLES PAXTON sworn.

I am a pawnbroker; this sheet was pledged with me by two women, in the name of Ruth Deane .

Prisoner. I own to taking the shirt,

and the sheet, but as to any thing else, I know nothing of them.

"The examination of Mary Carrol ,

"charged with felony, taken before Justice

"Addington, who says she did steal

"the said wearing apparel and plate,

"which theft she committed by the advice

"of Ruth Dean , and her husband

" John Dcan , and that they stood at the

"bottom of the Temple-lane, while she

"brought them down; that they got into

"a coach, and went into the Borough;

"and that said Ruth Dean pawned the

"sheets at Mr. Davidson's, and a shirt at

"another pawnbroker's; that they then

"took a coach, and went to Ludgate-hill;

"that Ruth Dean then got out

"with the effects of Mr. Dobinson, saying

"she knew a person that would buy

"them; and appointed her to meet the

"next morning, to which place she did

"not go, nor hath she since seen the said

" Ruth Dean , or her husband.

"Signed, Mary Carrol ."

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-72

829. TAMASIN ALLEN, alias BODDINGTON , was indicted for feloniously assaulting Hugh Harding , on the 14th day of September last, in the dwelling house of Seago, and putting him in coporal fear and danger of his life, and feloniously taking from his person, and against his will, one leather pocket-book, value 1 s. ten grains of rose diamonds, value 8 l. seven grains weight of other diamonds, value 6 l. two brilliant diamonds, value 50 s. a pearl, value 12 s. one topaz, value 5 s. a silver pencil-case, value 2 s. his property; and one promisory note called a bank note, value 10 l. the property of the said Hugh; and the said sum of ten pounds, payable and secured by such note due and unsatisfied to him, against the statute .

(The witnesses examined separate.)

HUGH HARDING sworn.

I live No. 63, Leather-lane, Holborn, next door to the White-hart; I am a housekeeper; I have kept that house about six years; I kept it at the time of the rioting; I am a jeweller .

Are you a working jeweller, or do you sell jewels? - I have four or five people to work for me out of the house; on the 14th of September I lost the things mentioned in the indictment, on Thursday, between five and six in the afternoon; I was in Chick-lane when I lost it, at the Marquis of Granby .

What is the name of the man that keeps the house? - I do not know, he is here; I first lost a metal watch, in a metal case; I went into this house as soon as I lost my watch, and made a great noise about it; Humphry Moore came and spoke to me; I knew him; I saw him at the door of this public house, and he told me if I would come into the house, I should have my watch; I went in there; I thought he would not have behaved in the manner he did to me; he made a great enquiry after this watch; and as I looked upon him to be my friend, I thought he would help me to it; I told him I would leave a guinea if I could get it again; he turned round, and took hold of my hair; this prisoner was with me all the time; Humphry Moore laid fast hold of my coat, and my coat flew open, and the woman at the bar put her hand in my left hand side pocket, I do not recollect which hand, she took my pocket-book out; and Moore and she ran away directly; Moore pulled my coat open, and her hand went in directly; there was a ten pound bank note in my pocketbook, and the rest of the things mentioned in the indictment, of the value therein described; I got out of the house and went home; if I had not got out as I did, I should have been robbed of my gold seals.

Had you any alarm upon you? - I was so much alarmed as this, I was very glad I got out of the house; they were not above four or five minutes about it.

Had you time enough to be sure of the man and the woman? - I am certain sure of the man, because I have known him ten or fourteen years.

As to this prisoner, are you sure of her? - Yes, I swear positively to her; I never found any of my property again.

Had you ever seen the woman before? I cannot say that I have; there were a good many in the house.

Did you tell any body of the loss? - All Chick-lane heard of it; I made noise enough; I went home and told my wife; I said I know all the prisoners; that night I went down, and the woman for my watch was taken that night; this prisoner at the bar was not taken immediately; but I applied at the publick office at Hick's-hall the same night about seven, and there I saw Philip Bristow the constable; I went the next day before the Justice's to Hick's-hall; I gave an account about these robberies; the first I ever saw of the prisoner after I was robbed, was in Guildhall yard; I think it was better than a week; I described the woman to the people, a lustyish woman, with black hair.

Was the woman pointed out to you, before you pointed her out? - No, they asked me if I knew her; I then went close to her, and knew her the instant; I told the people about me, I am clear she is the woman.

Mr. Garrow. What day of the week was this? - Thursday.

An unlucky day, I believe. - It was an unlucky day to me, I wish I had not seen the day.

The other woman you prosecuted was convicted this session? - Yes.

For stealing your watch? - Yes.

She was indicted for a highway robbery? - Yes, a street robbery.

Well that is the same as to the reward? - She was acquitted of that.

How soon did you make any information before a Magistrate about this woman? - At the same time.

Now upon your oath did you make any before the twenty-third? - I made it that day.

Will you swear that? - I will; she was not taken till the twenty-third; I think it was about the Friday following, about two I saw her.

What is become of Humphry your friend? - I should like to know what is gone of him.

You have a curiosity to know? - I should like to see him; I have sent down to Birmingham.

You took him to be your friend? - you was quite surprized to find him out of Newgate, you drank with him? - I hardly ever drank any thing with them; I knew Bill Moore , and Jack Moore , and Humphry, and all of them; a man who has walked London streets cannot fail.

You name never was William? - Never to my knowledge, unless it was before I was born.

Now that is a pretty discreet answer! now you are a jeweller? - Yes.

Will you have the goodness to tell these gentlemen, what your friend Humphry's trade was; you know he is an old client of mine; do you know where he used to buy his rings? - He never bought any of me, none of the gang.

You know their trade used to be, to drop a very fine cluster ring, worth one hundred and forty guineas; you know he was boned for it; are you sure that your diamonds in your pocket-book were not of the same sort? - I know a diamond as well as any man; mine were diamonds.

Was it before or afterwards that you stripped to fight the boy that picked your pocket of your handkerchief? - I never stripped to fight any body; on the 14th of September, at the Granby, I lost my handkerchief in the house; a good many women were in the house, and several at the door.

Was you as sober then as you are now? - Yes.

Much the same perhaps? - I am sober now.

That you swear to; have not you been drinking? - I believe I have drank more to day than I did then; I was sober enough to know the people that robbed me; I could have gone to any shop and done my business, I was not drunk.

Did nobody refuse to give you liquor, because you was so beastly drunk, they would not let you have another glass? - That was the landlord.

He would not trust you with any more liquor? - Why, if he says it, he may say what he likes.

However, he was wicked enough to say it? - You will hear it from the landlord.

But I must hear it from you; did not he tell you, that you was so beastly drunk, he would not give you any more liquor? at the Rotation-office, the landlord being called up, he said you was so drunk, he would not give you any more liquor; is that true or false? - It was false; he did refuse me liquor at his house.

What reason did he give you? - He said there I was drunk.

I do not wonder at the man's saying so? - Nor I neither, the man was frightened to death; he did not know what to say; I will prove whether I was drunk or no; I was no more drunk than I am now; I sometimes get drunk, but never till my business is done.

I am told your character is quite reverse to that in general; you are generally drunk, but sometimes you get sober? - I do not know.

Where had you been spending your evening? - I had been with the man that works for me in Moorfields, and I was coming home, and I was no more drunk than I am now; he has worked for me these seven years; his name is Charles Cobb .

Why you told me just now, that you had been drinking about as much as you had been to day; who had you been drinking with? - With a gentleman that lodges with me, Mr. Lamb, he parted with me at four.

From thence till seven, who had you been drinking with? - I left him down at St. Catherine's.

Where do you live? - I live at No. 63, Leather-lane, where I have lived a great many years; I keep the house; I swear that.

What business had you in Chick-lane? - I was coming from the man that works for me, and coming across Moorfields, and through Barbican, and through Chick-lane, and Holborn-hill, and Hatton Garden, and so home; I picked up Mr. Moore, at the public house door; I had not been drinking with him, nor I had not told any body I had; I asked for some pepermint, the landlord said I should have none.

Upon your oath, did not you tell the landlord you had been drinking with Moore that afternoon, and must have some more liquor? - Upon my oath, I never did.

You absolutely deny your stripping to fight with any body? - Yes, I do.

ANN WALLIN sworn.

I am a header of pins; a married woman; I did live at No. 3, Black-boy-alley; when the robbery was done, but the night after I moved; I saw the woman take his watch, and he went into the Marquis of Granby's; he said, he had lost his watch at the door; he went into the bar first himself, then he returned into the street, and met Humphry Moore; I know the prisoner; Moore and the prisoner were together; and Moore said, come in doors, and make yourself easy, I will get you your watch again; then Harding, Moore, and the prisoner went into the Marquis of Granby's, and they were not there long before Moore and this woman came out together, and went down the street together, and I stood at the end of the alley; they turned round to the left, and going down the alley, Moore said to the prisoner, come along, come along; and the prisoner said, here it is, but there does

not seem to be any great value in it; her apron was over her hand; I did not see what was under her apron.

Mr. Garrow. How long have you been acquainted with Harding? - Eight years.

How long have you been acquainted with Moore? - I never saw him till that evening; I knew the prisoner very well; I have heard her called Tam Boddington; I said to a woman, that I knew the prosecutor, and would go and tell his wife.

Thomas Lee called, but did not answer.

JAMES SEAGO sworn.

I am a publican in Chick-lane; Mr. Harding was in liquor when he came into our house, he called for a glass of peppermint, which I refused to draw him; he stood leaning a-top of the bar with his elbow; I asked him what was the matter, he said, he had lost his watch; he stopped a minute or two, and then went out of doors, and went in at the other door; I saw him in the tap room once, about ten minutes; I have seen the prisoner before; I heard from Mr. Harding the next day, that he had lost his pocket book; I do not know how sensibly drunk he was, I thought him very drunk; I did not quit the tap room nor the bar for a considerable time after; he staid ten minutes in the tap room, and never made any complaint in the tap room.

If any body for instance had seized him violently by the collar, and another person taken his pocket book, should not you have known it? - I never heard a syllable about it; I do not know much about this woman; her husband is an honest man I believe.

Did any body strip to fight, or fight? - No, I heard no complaint that this man had lost his stick, nor his hat, or handkerchief, only that he had lost his watch.

Will you say he was very drunk? - I saw him stagger.

Prosecutor. This man said I came to his house the next day, and told him about my pocket book; I never was in his house the next day.

(Harding and Seago confronted.)

Court to Seago. You hear what you have sworn; that this man came to your house the next day, and told you that he lost his pocket book? - Yes, Sir.

Harding. I never did.

Seago. He was there the next day with a short man; I do not know his name; it was in the forenoon, I think before twelve; I think my wife was in the bar; she was unable to go out.

And upon the oath you have taken, you will persist in this fact? - Yes, I will; the man that came with him, had his own hair tied behind; I have heard say he keeps a liquor shop near Smithfield.

Court to Harding. Did you ever go to his house at any time? - Yes, I went there with Phill. Brisco about a week after.

Court to Seago. Are you sure it was not a week after? - No, Sir, he came only once, I really think it was the next day; I think I can swear it was not a week after; I am sure it was the next day, because I had just heard of his being robbed.

Prisoner. I leave it to my counsel; I am so ill I cannot speak.

The prisoner called two witnesses to her character.

GUILTY .

To be transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-73

830. MARY SPRINGHAM was indicted for feloniously stealing, on the 5th day of March last, two guineas, value 2 l. 2 s. and nine shillings in monies numbered, and an iron japanned snuff box, value 1 d. the property of William Reynolds , privily from the person of Mary Reynolds .

MARY REYNOLDS sworn.

My husband's name is William Reynolds ; I live at No. 4, George-street, Spital-fields; the prisoner robbed me on the 5th of March; I never saw her before; I

was coming home from Gravesend on the sabbath-day, about eight in the morning; the prisoner came with me in a Gravesend boat; her mother lives in Baker's-row, Whitechapel ; I was taken very ill going up the New-road; she asked me to go into her mother's; I went in there, and I fainted away; she brought a little water and washed my face, and brought me too; and asked me to lay down on her mother's bed, in a little back room; I said, I would be glad; and she led me into the room; and I laid down on the bed; she said, nothing should hurt me, till she came to me again, and she would lock the door, and take the key in her pocket; the prisoner locked me in; I had a silk handkerchief about my neck; I awoke and found the prisoner searching my pockets; she ran away, and away she went; there were two guineas in gold. three silver half crowns, one shilling, and a sixpence; the gold was tied up in my black silk handkerchief, and round my neck in a double knot; the silver was in a japanned iron snuff box in my pocket; the snuff box was taken with the money in it; when she went out of the room, I could not go so quick after her, and there were three turnings; I could not tell which of the turnings she went down.

Prisoner. She asked me in the lock-up room to make it up with her, she said, she was very poor? - I did not.

THOMAS FORECAST sworn.

I am a weaver by trade; I follow the deal portering now; I am come from the Streights; I went in pursuit of Mary Springham ; I met her coming home and three more; it was about five weeks ago; I followed her, and told the prosecutrix to take her into custody.

Court to Mary Reynolds . You knew where this woman lived? - No; I knew where her mother lived.

You knew her name also? - I knew the name she went by.

How came it then you did not go before a Justice of the Peace? - I did the next day, and took the mother into custody; I made enquiries after her, but could not find her.

PRISONER's DEFENCE.

We came from Gravesend together; the prosecutrix borrowed three-pence of me, because she had no money; coming through Limehouse, she says to me Poll, I want to call for something to drink; I went to my brother's and had some breakfast; says I, now Mrs. Forecast, I wish you a good by; she went home with me; she was taken very ill, and sent for a quartern and half of gin, and changed sixpence; my mother asked her to lay down; says she, do not leave me; says I, I am sleepy, I must go home to bed; I left this gentlewoman at my mother's, and saw no more of her till five weeks ago she charged me with this.

GUILTY Of stealing .

Transported for seven years .

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

Reference Number: t17861025-74

831. PHEBE NORTON was indicted for feloniously stealing, on the 20th day of August last, a table spoon, value 5 s. three tea spoons, value 3 s. a counterpane, value 4 s. three sheets, value 6 s. a coat, value 4 s. a satin waistcoat, value 4 s. a table cloth, value 1 s. two check curtains, value 1 s. 6 d. one pair of leather gloves, value 6 d. the property of James Milne .

EDWARD SWAIN sworn.

I am a servant to Thomas Page , a pawnbroker, No. 32, St. Martin's-lane; I perfectly remember the prisoner coming to our house; I have frequently seen her at our house, pledging things; it was in August last; I cannot mention the day; she pledged a coat, a counterpane, and a variety of other articles; they are in my possession; and she said they were her own.

What did she pledge them for? - I cannot

say exactly the sum; I had no reason to suspect her at that time; I have nothing more to say; I am very sure she is the same person; she pledged them in the name of Mary Jones ; she told me she lived in Bedford-bury.

JAMES MILNE sworn.

I know the prisoner perfectly; she was my servant ; she was nine weeks my engaged servant; but prior to that she was two months an assistant as chair woman; she was then in the name of Knight, but upon the examination before the Magistrate, she said her name was Phebe Norton ; I am a single man; and the prisoner did not only assist as a servant, but as a house-keeper; I am out six hours in the day, and while I am out the servants may turn the house inside out; the prisoner ran away the 21st of August last; after she was gone I missed the property from the different parts of the house; I found these things again in the possession of Thomas Page that evening; there is not a mark on any thing; they are such things as I lost.

When you saw the prisoner did you charge her with taking these things? - Yes.

Did you tell her it would be better for her? - No, I never spoke to her; when I was before the Magistrate, the Magistrate asked her what she had to say for herself, and her answer was, it is all right what my master has said.

Prisoner. My Lord, my master has never paid me any wages, if my master had ever paid me my wages, I meant to have redeemed them; here is the bill; my master sent for the bill; he owed my being a servant very near ten weeks, and for being a chair woman very near two months.

Prosecutor. Her predecessor was indisposed, and she wanted an assistant to go through the minutiae of the house; she sent me in a bill from Newgate for ten weeks wages; but she had two pair of slippers from a shoemaker's; and she asked me for five shillings, which I gave her, to buy some things.

Prisoner. I owe the prosecutor twelve shillings.

Jury. Did the goods all come at once, or at two or three times pawning? - They did not come at once; they were pawned at different times, from June to August last.

GUILTY .

Transported for seven years .

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

Reference Number: t17861025-75

832. MARY HILL was indicted for feloniously assaulting John Williamson , Esq . on the king's highway, on the 26th of October , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, a gilt watch, in an enamelled case, value 3 l. a blue watch ribbon, value 1 d. a gold seal, value 20 s. a gold key, value 5 s. his property .

JOHN WILLIAMSON sworn.

I am a captain in the Royal Navy ; on Thursday, the 26th of last month, at night, I was robbed of my watch in the Haymarket , between Panton-street and Coventry-court; the prisoner and another girl were standing at the corner of Panton-street; as I was passing them in the Haymarket, this prisoner followed me, and took me round the waist with her right arm, and desired I would go with her; I replied, at that hour of the night, I was either too drunk or too sober to go with any woman from the street; it was near eleven o'clock; she said, you are very sober, you had better go with me.

How was the fact? - I had dined in the City, and walked home; I had been drinking but left off drinking before eight o'clock; I sat down to my dinner at past five o'clock at the London coffee-house; then I walked home; I told her, if I was sober I never could think of going with her; if I was drunk, I was not proper

company for her; she asked me to give her some money to drink; I told her, I made it a rule never to carry money of a night; then she put her left hand on my right hand breeches pocket, and kept rubbing up my thigh, to feel if there was any money; I had a new pair of leather breeches on which were very tight, and I thought I felt my seal draw up my thigh, and I took my hand and caught hold of the skirt of her gown, and she was going to leave me; upon putting my hand on my pocket I found my watch was gone out; I praised her ingenuity and dexterity, and told her it was a very good joke, but would advise her to return it, least it should prove serious; says I, have it you certainly must; says she, what the devil should I do you with your watch? I was leading her to the watchman who was within three or four yards; I saw one in Coventry-court; I charged the watch with her; he took her to the watch-house; I was asked if I found my watch, if I should proceed; I said, I owed it to the public, and I certainly should do it, whether I got my watch or no; I carried her to Bow-street, Sir Sampson Wright committed her, and I then went to the clerk of the indictments, who directed me to the Grand Jury; then I heard that a person had found it; I saw it at the watch-house.

Court. When she embraced you, you understood that she did it in an affectionate manner? - In a very affectionate manner.

Not with any degree of force or violence? - Not at all; I have often met with attacks of that kind in the Hay-market; I did not find that there was any difference.

WILLIAM WESTWOOD sworn.

I live at No. 6, Coventry-court; I am an engraver; I have a watch which I found in a corner in Coventry-court, in the Haymarket, on the 26th of October, between eleven and twelve on Thursday night; it was laying on the ground; I kicked it before me; there was not a person present.

(Produced and deposed to.)

PRISONER's DEFENCE.

I was going up the Hay-market; it was no more than ten; this gentleman met me, and asked me how I was; I said, I was very well, but very cold; he asked me to go with him; I said, if he would treat me with a glass of wine; he said, no, go up this court with me; I would not; then I asked him to lend me a shilling; he laid hold of both my wrists, and took me to the watch-house and searched me; I never saw the watch with my eyes.

GUILTY Of stealing .

Transported for seven years .

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

Reference Number: t17861025-76

833. WILLIAM TOMKINS was indicted for feloniously stealing, on the 23d day of September last, one basket, value 6 d. two quart glass decanters, value 6 s. two pint ditto, value 3 s. one pair of glass crewets, value 6 s. two glass salts, value 7 s. twelve glasses, value 7 s. two china bowls, value 7 s. two basons, value 2 s. six cups and saucers, value 7 s. one oval tea-pot, and one milk pot, value 5 s. the property of George Blow .

Mrs. BLOW sworn.

I live at No. 20, Portman-street, Portman-square ; on Saturday the 23d of September, I lost the things mentioned in the indictment; they were all in two baskets, one basket I lost, the other I did not; the prisoner came into my shop, about one o'clock; I was at dinner; I keep a glass and china shop ; he said, do not disturb yourself, I shall be glad to look at some things; I went into the shop, and asked him what he should like to look at; he said, some decanters; I shewed him a pair; he did not think they were good enough; then I shewed him another pair, and he chose them, and a pair of pint decanters;

then he wanted a pair of cruetts, and he chose a pair of the best cut, and a pair of salts of the best; then he looked at some china, and chose half a dozen cups and saucers; then he looked out two punch bowls, and a half pint bason, and a pint bason; then he looked out a dozen of glasses, a milk-pot and a tea-pot; I shewed him one of the best, which was five shillings; then he desired me to pack them up and send them home to his house, which was the King's Arms, in North Audley-street; he said, he would be at home by that time, and he would empty the basket; for he was going to get twenty pounds worth of silver, to pay Mr. Gray's men; he said, he was to have twenty gentlemen to dine with him on Thursday, and he should want some more things at night; he came into the shop, and asked me if I had packed up the things, and if I had made out the bill; I told him no, but I had made a memorandum of them upon a piece of paper; and he took it up, says he, what is this the account, two pounds fourteen shillings, and nine pence? yes, says I; then he asked me to give him the silver change against three guineas, and he would send the three guineas by my servant; I told him, I had no silver; he asked me if I had half a guinea; I said, I had not, but I would send the change by the servant; he said, he would carry one of the baskets, and I said, he should not; he said, he would; I went to call my servant, he took up the large basket that stood on the counter, and said come along, to the little girl that stood at the door, he took up the large basket and went out.

Did you insist on his not taking it? - I am sure of that.

You are very sure you did not give him the things as a customer? - No, I did not.

Did you give the things into his custody at all? - No, I refused hi m taking them several times; I said, to the little girl, run after the man, I do not know whether he lives there or not; she took the other basket and ran after him; then I sent my other servant after her; I have never seen my property again; he took the things mentioned in the indictment; he brought back the basket, and my servant Sarah Brady received it; the things were all in the large basket, except the six wine glasses; I went to look for him, and he was at my shop door, and when he saw me he was going to run away; I saw him begin to run, and I took hold of him by his coat, and he pointed his hands to the King's Arms; and he said, there, there; then he told me to let go, and I said no; then he knocked me down three times, and the last time he tried to choak me; he hit me on the side of my head, and he was obliged to fall because I held fast by him, and he got up again, and the last time he knocked me down and ran away, a gentleman caught him; the gentleman is not here, and my maid saw it, and he was taken into custody; I him told he should not take them; my maid had but two stairs to scour, and she should take them; I had a suspicion of him when he asked for the change.

Have you been to the King's Arms? - Yes.

Does he keep it? - No.

How do you know that? - Because I have seen the man that keeps it; I have been three or four times to the King's Arms.

Did you see the prisoner upon the premises during these times? - No, he was in prison, I never went before he was in prison.

Mr. Garrow, Prisoner's Counsel. The first thing you knew of the prisoner was his coming to your house? - Yes, to buy some tumblers.

He had been once before? - He bought four tumblers, and paid for them; he told me then that he kept the King's Arms, and that he should have occasion for a great many other things in our way.

How soon was it after that he came, when he looked out this assortment that you have mentioned to my Lord? - It was Monday when he looked out the tumblers, and he came again on the Saturday, and he looked out these things.

Then he desired you to make out a bill of that assortment? - Yes.

You in consequence made out a bill? - No, I did not, I made out a memorandum on a sheet of paper, which he took from the compter, and put it into his pocket,

"Bought of George Blow "; I then put all down, and put 2 l. 14 s. 9 d. at the bottom.

Court. When he tore the piece of paper off, and put it in his pocket, had he read it? - He took it off and read it; and he said, it is two pounds fourteen shillings and nine-pence, is the bill; no, says I, it is the memorandum, which I have made out for myself; I did not know he was going to take it, when he put it in his pocket.

Mr. Garrow. You said you had not made out a bill, it was a memorandum? - Yes.

In what does your memorandom, and your bill differ? - I always take a piece of paper, and make out a memorandum, and put it down to see what it comes to, then I book it; I always write a bill in a different way.

How? - Because I take a quarter of a sheet of paper, and cut it a different way; I am more particular in making a bill.

You do it more clerk-like; but is there any difference between your memorandum and your bill but the mode of writing it? - No, Sir.

Now look at that, and tell me what it is? - It is my hand-writing; it is a memorandum; it is not a bill of parcel; it is what I always write down.

Upon your oath, in what does that differ from a bill of parcels; is not the title of it

"Bought of George Blow ?" do you put down bought of George Blow on the memorandum? - I always put in the memorandum, and in the book.

Would not your bill of parcels have been a precise copy of that paper in letters and figures? - When I make a memorandum, I am not particular in spelling, but when I make a bill I am.

The sum total would have been the same? - Yes;

The price charged against each article, would have been the same? - Yes.

It is begun September the 23d, 1786, Mr. - bought of George Blow ? - Yes.

Had you made out the bill of parcels? - No, I had not.

If he had immediately paid you down the money, should you have objected to his taking your memorandum? - Yes, I should have told him I would make a bill out, and send home with the things; I did not wish he would take the things, even if he had paid for them: when he was taken, he said he had not a shilling in the world.

DAVID GARRAD sworn.

I am a bricklayer; I took the prisoner; he was running in Oxford-street, and there was a cry of stop thief? he offered to fetch the things if I would let him go.

Do you know who keeps the King's Arms, in North-Audley-street? - His name is Wyatt; he has kept it two years; I never saw the prisoner in that house.

SARAH BRADY sworn.

I am servant to Mrs. Blow; I know nothing of the transaction, till the prisoner came back the second time; he said he wanted a pair of decanters for Mr. Gray; my mistress came in presently.

PRISONER's DEFENCE.

I leave it to my counsel.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-77

834. HENRY JAMES was indicted for feloniously assaulting Ann the wife of William Brown , on the King's highway, on the 17th day of October , and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, a chased metal

snuff-box, value 20 s. four dimity petticoats, value 20 s. three white linen neck handkerchiefs, value 6 s. a piece of flowered muslin, value 2 s. two bed gowns, value 3 s. one striped silk gown, value 20 s. a black laced cloak, value 5 s. a flowered cotton gown, value 10 s. a flowered linen gown, value 10 s. one green quilted petticoat, value 4 s. two flounced petticoats, value 10 s. two pair of silk stockings, value 4 s. one fan, value 12 d. six handkerchiefs, value 2 s. two cotton half handkerchiefs, value 2 s. one pair of black shoe-buckles, value 6 d. a sheet, value 2 s. three shirts, value 3 s. his property .

(The case opened by Mr. Silvester.)

ANN BROWN sworn.

I am the wife of William Brown ; on the 17th of October, I was returning home about a quarter after six; I live in Berwick-street; I was in a coach; and when I came to the New church in the Strand , the door opened, and I seized my bundle for fear it should fall out; the bundle lay on the side of the coach before me; after the door opened, I found my bundle pulled; upon that I laid the faster hold of it.

Could you see what pulled it? - No, I did not see any body then; my attention was fixed on the bundle; then I had a second pull, by that pull I was obliged to let go to save myself from falling out of the coach; then I saw my bundle on a man's back by the side of the coach; I got up, and cried out stop thief.

How large is this bundle? - Here it is; (a large bundle) the man was a little man, in a dark coat, and a flapped hat; nobody came to my assistance, but I called out, and the people called out; I saw the man turn up a turning; the coach was going on all the time, upon that the coach stopped, and the man made his escape with the bundle.

RICHARD TAYLOR sworn.

I am a carpenter; I was going down the Strand, crossing from Surrey-street, and I saw a man walking behind a coach, having hold of the coach; at the New church in the Strand, I saw the prisoner have a bundle on his back, running away from the coach, he ran with great haste.

How far was he from the coach when you saw him? - I suppose it might be ten or fifteen yards; I am not sure it was the same man I saw behind the coach; then Mrs. Brown called out stop thief; and I went up to the coach, and she said she had been robbed of a bundle; the man turned up the New-buildings by the church; I am sure the prisoner is the man that had the bundle on his back.

EDWARD RYLAND sworn.

I am one of the patrols of St. Sepulchre's; on the 17th of October, as I was coming from my own house, about a quarter before seven, I met the prisoner coming up the court, with this bundle over his left shoulder; I knew him to be a suspicious person; I followed him to the house of Mr. Chapman, the Angel in Union-court; I looked through the window, and I saw the prisoner take the bundle off his shoulder, and put it under one of the tables in the taproom; I suspected him immediately; I went to Mr. Bassett, an officer; Bassett returned with me in five minutes; I could not see either the man or the bundle; I went down George Alley, he was not there; then we returned to the same house, there was the prisoner coming up stairs with the bundle in his hands; as soon as he saw me, he threw down the bundle down the cellar stairs; I told Basset to take him, and I went down the cellar stairs for the bundle; this is it. ( Produced and deposed to.) Here is the snuff-box, which was in the bundle. (Deposed to.)

PRISONER's DEFENCE.

Coming down by the New church in the Strand, there was a parcel of coaches, and I picked up this bundle, and took it home to advertise it.

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

Can you satisfy the Jury that you are an honest man, and bear a good character? - Yes.

How came you to drop the bundle when you saw the officer? - I did not drop it; he knocked me down, and I let the bundle fall.

Court to Ryland. Is that true or false? - It is false.

GUILTY Of stealing, but not of the highway robbery .

Transported for seven years .

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

Reference Number: t17861025-78

835. JOHN BUTLER was indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Azire , about the hour of three in the night, on the 14th of October , with intent the goods, chattels, and monies of the said Richard, then and there being, burglariously and feloniously to steal .

RICHARD AZIRE sworn.

I live in White-horse-lane, St. George's ; I am a smith ; I am a housekeeper: John Butler broke into my house the 14th of October; it was three in the morning; I was in bed; I heard a noise of iron pulling about in the cellar, which waked me; I slept over the cellar where he was; I got up and opened my window; I had a pistol in my hand, and I called my neighbour at next door, and he came to my assistance; and hearing a noise in the cellar, says he, come out, and let us see who you are, and the prisoner came out; I opened the back door, and he offered to come up the steps; I saw him come out; the prisoner wanted to come into the house when I opened the door; I told him to keep out, or I would shoot him; then the prisoner went down into the cellar again; then my neighbour at the next door came, and we secured him.

Did you go in after him? - Yes; when he came out of the cellar the first time, he came up the steps into my garden.

Do you know him? - I never saw him before.

Do you know his business? - No.

Do you know what he came into your house for? - I do not know.

How had he got in? - He got the cellar window open; the padlock was off entirely, and hung to the staple when I saw it.

Then no violence had been used? - No.

Do you always lock that door? - Yes, always of a night.

Do you never happen to forget it? - No.

Are you sure you locked it over night? - I am not positive of that, I think I locked it; I never forget it as I know of; when we got him to the watch-house, we searched him; we found nothing upon him.

Prisoner. The Justice asked him, how did he get into your cellar? he answered, I am not sure whether I locked the door, Sir, or not.

Prosecutor. I am not sure whether I did or no; I will not be positive.

THOMAS BRICE sworn.

I came to the assistance of the prosecutor; I had not dressed myself, and the prisoner came out of the cellar; and the prosecutor said, if you do not stand off, I will shoot you; then he went into the cellar again, and we went down.

Prisoner. I went into the cellar out of harm's way; it is a way I have, when I get drunk sometimes in a public house, I am stupid.

Court. It is a very bad way, I can tell you, when you are drunk, to find your way into other people's houses.

Prisoner. I have been thirteen years in his Majesty's service; and the door was not locked, or else I would not have been there; I was not two days from a frigate at Sheerness, that Captain Cornwallis has; I sent a letter to the lieutenant.

Court to Prosecutor. What way is there into your garden? - He got over a sence.

NOT GUILTY .

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

Reference Number: t17861025-79

836. JOSEPH WHEATLEY was indicted for feloniously stealing, on the 11th day of October , thirteen live hens, value 13 s. and one live cock, value 1 s. the property of John Green , Esq .

- LOW sworn.

I live at Mr. Green's farm; and on the 11th of October, between Wednesday and Thursday, I was alarmed by a great dog that was chained by the hen-house; I looked a little while, and I saw a horse in our neighbour's garden and the door open, which I had never seen before at such an hour, then I saw out hen-house door open; it then became light, and I looked over our pails into his garden, I saw many feathers, and the print of a foot, a long shoe and narrow toe, a fresh print, there were no nail marks; then I came back to the hen-house, there were some fowls gone; I went to sow some wheat, and before I returned, which was about three in the afternoon, fourteen were missed; we had twenty-one in all, and there were seven left; the prisoner was taken soon after with the fowls; I knew them again; they were cold; one of the old hens had a piece scratched off; I never saw the prisoner but at Bow-street; he had narrow toe shoes on and a long foot, which seemed like the print; but I never compared it.

JAMES LAWSON sworn.

I am a farmer's servant; about six on the Thursday morning, on the 12th of the month; I saw the prisoner near Kilburn-Wells, in a field; he dropped something; he threw down something; I took it up, and stopped him; he said he bought them; they were taken to Sir Sampson's on the Saturday, and Mr. Low swore to them; I left them in the care of the landlady; these are them; one was a blue hen; they were muffled and had topknots; they were warm but dead; he was out of the footpath, on the other side of the Wells going towards Hampstead.

- STAINES sworn.

I am a farmer's servant; I met the prisoner with James Lawson , near Kilburn-Wells with a bag on his back; he flung them down, jumped over a gate and ran away; we immediately ran after him, and brought him and the fowls back; Lowe saw the fowls at Bow-street, and swore to

them; I saw the fowls at Bow-street; they were the same I saw at Kilburn.

PRISONER's DEFENCE.

As I was out in the morning, going to gather some mushrooms; I met a man with a sack, and he gave me a shilling to carry it to St. John Wood, and he would overtake me; and soon after I got away from him, they overtook and took me; I sat the bag down and tried to escape; I thought there was something in the bag there should not be.

Court to Lawson. Was this man in the road to St. John Wood? - When I took him he was.

GUILTY .

Whipped and imprisoned six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-80

837. RICHARD ANDREWS and JOSEPH TUMBROOK were indicted for feloniously stealing, on the 12th day of October , eight pounds weight of copper, value 5 s. the property of Richard Stone and Peter Deane .

RICHARD STONE sworn.

On Thursday morning, between nine and ten, we lost a piece of old copper; I had seen it in the morning laying by the shop door near the counter.

CHARLES HOGG sworn.

On Thursday the 12th of October I was standing behind my counter, and saw the two prisoners lurking about Mr. Stone's door, which gave me a suspicion they were going to steal some of the coppers at their door; I saw the youngest take a piece of copper, and put it in his bosom; upon my laying hold of him he dropped it.

(The copper produced and deposed to by Samuel Davis the constable.)

PRISONERS DEFENCE.

We are innocent.

BOTH GUILTY .

To be whipped and imprisoned six months .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17861025-81

838. ANN GIBSON and LYDIA LEVI were indicted for feloniously stealing, on the 28th day of September last, one piece of silk, containing twelve handkerchiefs, value 48 s. the property of Henry Als .

HENRY ALS sworn.

I live at No. 41, Hounsditch ; I lost a piece of handkerchief, on the 21st of October; I shewed the prisoners some, and they pitched on one, and paid me for it; I immediately missed a piece of handkerchiefs, and called Mrs. Frazier to search them.

- FRAZIER sworn.

I took the prisoners up in the dining room, and there they undressed themselves, and dressed themselves again, and I found nothing; but I had not searched their cloaks; I took up one of the cloaks, which was Gibson's, and there I found the piece of handkerchiefs.

Mary Burland confirmed the same as the last witness had said.

Court to Als. Did they come into the shop with their cloaks on? - Yes.

The prisoners called two witnesses who gave them a good character.

ANN GIBSON , GUILTY ,

To be imprisoned twelve months in the House of Correction .

LYDIA LEVI , NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17861025-82

839. WILLIAM FIELDER , SARAH FIELDER , and ELIZABETH

JONES were indicted for stealing, on the 24th of October , three quart pots, value 3 s. 6 d. three pint pots, value 18 d. the property of Thomas Hotchkin .

THOMAS HOTCHKIN sworn.

On the 24th of October, two patrols informed me they had taken two women and one man, and shewed me three quart pots, and two pints; my name is on them; they are mine; I have seen the two women in our house several times; the constable has the pots.

WILLIAM HOWARD sworn.

Last Tuesday was sen'night, I went to a room where the prisoner Fielder was in bed, on an information about something else; the two women were both in the room; I brought them all to the watch-house; there were pots in different places; there was a pan with some lead or pewter in it, in a closet; I found three quarts and two pints, the property of the prosecutor; I did not examine them at the house of the prisoners.

JOHN NEWMAN sworn.

On Tuesday the 25th of October, about two in the morning, Mr. Howard came into the watch-house, and he brought Fielder, and the watchmen brought the two women; Howard mentioned nothing about pots to me; he came about a watch; I says to Fielder's wife, give me the key of your room, and I went in and found twelve alehouse pots; I tied them up, and brought them to the watch-house; there were three quarts and two pints, belonging to the prosecutor; one of the prisoners is, I believe, the wife of Fielder; there was a pan in the closet, and several pieces of pewter in it; there was no fire in the room.

(The pots deposed to.)

WILLIAM FIELDER 'S DEFENCE.

I know nothing of the pots; somebody might bring them in unknown to me.

SARAH FIELDER 'S DEFENCE.

We used to go to the prosecutor's house, and there was one Joe, that lodged at the prosecutor's, who used to come and treat us with beer, and anniseed, and peppermint, and he fetched several pots of beer, and purl, and these were the pots; they were not attempted to be made away with.

Prosecutor. I have lost a great many pots within these six months; I never sold any; I keep one or two servants; they are not here: we never trust beer up to such rooms as the prisoners; I never knew where they lived.

PRISONER JONES'S DEFENCE.

I was destitute of a lodging; I know nothing of the pots.

Jury to Prosecutor. Is there a lodger of yours by the name of Joe? - Yes.

SOPHIA OSBORNE sworn.

I live in Carter's-lane; I am a single woman; I am a lodger at present; I have known Elizabeth Jones two years; she worked for me occasionally; she was very honest when I knew her.

The prisoner Jones called three more witnesses to her character.

WILLIAM FIELDER , SARAH FIELDER , ELIZABETH JONES ,

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

840. They were again indicted for stealing, on the same day, a quart pot, value 1 s. and a pint pot, value 6 d. the property of Thomas Porter .

ALL THREE NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17861025-83

841. THOMAS ADLAM was indicted for stealing, on the 1st of September last, two half crowns, value 5 s. the

property of Benjamin Hall and Joseph Hall .

JOSEPH HALL sworn.

I am in partnership with Mr. B. Hall, cheesemonger , on Snow-hill ; on the 1st of September, I went to dinner; there was three pounds, fifteen shillings, and sixpence in the till; when I came down from dinner, there came a customer who paid nine shillings; and in the evening came another customer whom I gave six half crowns, which I marked, and gave her to pay the shopman, which with the nine shillings and sixpence I put in the till, made the sum of five pounds eleven shillings and sixpence; when shop was shut up there was in the till only five pounds three shillings and sixpence; I sent for a constable, and on searching him, there was found two of the two half crowns that was marked, with other silver.

Mr. Garrow, Prisoner's Counsel. Your shop is a very large shop, and very common to every body? - It is.

SAMUEL LAKE sworn.

About ten o'clock on the 21st of September, Mr. Hall sent to me that he had been robbed; I searched the prisoner, and found three pounds nine shillings and seven pence upon him; amongst the silver there was two half crowns marked.

(The silver produced and deposed to.)

What was his character at that time? - I always thought him very honest before this.

ANN SIMMONS sworn.

I received some money of Mr. Hall, in order to pay the prisoner; Mr. Hall said, he had been robbed, and he gave me six half crowns, and some silver, which was marked to pay the prisoner, in order to try if I could detect him.

PRISONER's DEFENCE.

I am innocent; I gave change for the half crown out of my own pocket, which I had done an hundred times to my master's knowledge.

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

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17861025-84

842. WILLIAM CAMPBELL (a mulatto) was indicted for feloniously stealing, on the 15th of October , ten shirts, value 5 l. seven pair of stockings, value 21 s. two blankets, value 2 s. the property of William Bonner , in a barge on the river Thames .

WILLIAM BONNER sworn.

I live in Wapping; I am the master of the brig Friendship , laying at King Edward stairs, on the Wapping side of the river, at the chain; on Sunday the 15th instant October, I left the ship a quarter before one; I missed them on Monday when I returned; they were all in my chest in the cabin; I lost sixteen or eighteen shirts.

What is the lowest value of the shirts? - About five pounds.

Would they sell for that price? - I believe Sir, they would; I lost about forty-five pair of forty-six pair of stockings, amongst them were four pairs of silk stockings, value one pound, these were found upon him; three pair of silk and worsted stockings, value six shillings; three pair of worsted ditto found upon him, value three shillings, five pair of cotton ditto, value five shillings, two woollen blankets, value two shillings.

How soon after Monday that you missed them did you see them? - On Tuesday morning at the public office, Ratcliffe-high-way.

Did you know them? - Yes.

Are they marked? - Some of them.

(The things produced and deposed to.) He confessed before the Justice that he stole them; I was not present; I lost twenty-one articles beside what is in the indictment.

WILLIAM ELBY sworn.

I am constable; on the 16th day of October, the prosecutor came to the office, and gave information of the robbery, and I went on board the ship; she lay off Cherry-garden-stairs; I found, about half a mile from the brig, the prisoner; there was a new key on the prisoner, and a French crown; says I, I look upon it, you have been buying a chest with some of the captain's money, and on speaking a little sharp to him, he had changed one of the French crowns he took out of the captain's chest, and had bought a chest, which was at his lodgings, and he said, he lodged at the Black Lyon, on Saltpetre-bank; I went there and found a chest; this key opened it; there I found all the things in the indictment; I had the care of the chest and things till I carried them to the Magistrate's; the same things were returned into the chest that were taken out; here is a shirt that was taken off his back.

(The blankets produced and deposed to, marked W. B.)

Here are four pair of silk stockings; I will put them at four shillings; here are ten shirts, worth forty shillings.

- CLARKE sworn.

The prisoner lodged with me about six weeks ago; he lodged for three weeks and paid no money; on Sunday the 15th of October, he came between two and three, and paid his lodgings.

PRISONER's DEFENCE.

I did not break open the chest, nor take any thing out; a waterman belonging to Captain Bonner did it; he put Captain Bonner on shore that morning; he enticed me, and said he would get me a ship here; and Captain Brown stands here, he cannot say that I ever wronged him of any thing; but I cannot force him to give me a character without he pleases.

Capt. BROWN sworn.

I am master of a ship, the prisoner failed with me last year to Antigua; I discharged him about nine weeks ago; he went in the capacity of steward; he always behaved as an honest boy; when he was with me, he might have taken hundreds of pounds from me; he never took a farthing; I did not know of his being tried here.

(The Confession handed up, proved by Elby.)

Elby. No promise was made him. The said William Campbell acknowledges his taking the wearing apparel; and that he took four dollars, and he drew the nail of the lock with an ax, on Sunday last.

GUILTY, 39 s .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-85

843. FRANCIS SHURLEY was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 11th day of October , with force of arms, feloniously, wilfully, and of his malice aforethought, did make an assault upon Jane, the wife of Alexander Reed , and did strike, beat, and kick her on the head, breast, back, belly, sides, and other parts of the body, and did maliciously, willfully, and of his malice aforethought, cast and throw her down to, and upon the ground, giving her, as well by the said casting and throwing, as also by striking, beating, and kicking, in, and upon the head, breast, back, belly, sides, and other parts of the body, with the hands and feet aforesaid, several mortal strokes and bruises, of which she then and there instantly died; and so the Jurors upon their oaths say, that her the said Jane, he the said Francis, in manner and form aforesaid, did kill and murder .

He was also charged on the Corner's inquisition, with feloniously killing and slaying the said Jane Reed .

JANE GODFREY sworn.

I live No. 56, John-street, Tottenham-court-road ; the deceased lived in the two pair of stairs front room; she lodged with me.

Did her husband lodge there with her? - Yes; he is a taylor; the prisoner is a pot boy at Mr. Colvill's, the Rose and Crown, in Colvill's-court; my husband was ill in bed; I was going to dinner in the parlour; I heard a great noise up stairs; it was the 11th of this month, about twelve at noon; as I went up stairs, Mrs. Gibson, who was up one pair of stairs, says, break his neck down stairs, for if I was dressed I would; then I went up stairs, but as I went up stairs, I heard the deceased say, you dirty villain, what do you mean by striking me; he said he did not; and the deceased mentioned again, and said he did; by that time I had got up stairs, I laid hold of him by the two shoulders, and said you villain, what do you mean by striking the woman; he said Mrs. Godfrey, let me alone; he repeated the words twice, he told me, if I did not, he would serve me the same; with that, I brought him down stairs, and put him out of doors; and in about ten minutes after, I was called up again by one Elizabeth Nelson , who begged I would come up, for the deceased was in a fit, with that I went up stairs, and she was sitting in a chair, and she cried out, oh, my dear Mrs Godfrey, my head, my head, how sick am I; she still continued sick; I said to the person in the next room, we had better lay her upon the bed; we did so; the doctor was sent for, and when he came, he said, in the state she was, it was impossible any thing could be done for her; when she came a little better, get an ounce of salts, and dissolve in half a pint of gruel, and that must work it out of her head in a little time; the deceased's husband came in, and we went to get a warrant, but the office was shut up; we went to Bow-street, and they asked me if I saw him strike the deceased, I said no; they said that was nothing, they would not grant me a warrant; then we went to Mr. Walker's, he granted me one; and when I returned, the deceased was dead; I was gone about half an hour, or three quarters of an hour.

How long had this woman lodged in your house? - Four or five months; the boy used to come up now and then for pots; I do not know how they quarelled.

ANN EDWARDS sworn.

This prisoner brought me a pot of beer; I live in the next room to the deceased, up two pairs of stairs; about half past one I took it of him, and I said I will come down and pay your master, and he said very well; then he knocked at the deceased's door, and he said he came for the money for the pot of beer she owed him on the Friday night; she said, she owed him none; he said she did owe for a pot of beer, and he would not go without the money; she said, you good-for-nothing fellow, if you will not go down, I will beat you down stairs, or drive you down, one of those words; I owed for a pot of beer myself, so I opened the door, and said, do not accuse this woman for a pot of beer I owe for; and he said I carried a pot of beer into that room, meaning her room, so I thought she might owe for a pot of beer as well as me, and so I shut my room door; and Mrs. Godfrey came up stairs; the deceased said she owed for no beer, and said she would pay his master if she owed any; and he would not go away.

Did you see any blows? - No.

Did you hear the woman say, the villain has struck me? - No, she said, would you strike me? and he said, I did not strike you.

Did Mrs. Godfrey come up before you shut your door? - Yes; I saw all that passed before Mrs. Godfrey came up.

Do you remember somebody on the one pair of stairs saying, I would throw the villain down if I was dressed? - That was below me; I did not hear that.

How soon after that he knocked at the door of the deceased; did you open your door? - I opened it directly, but I opened it again when Mrs. Godfrey came up.

How long was the prisoner and the deceased together when he left you, before you opened your door, to say to him, do not accuse that woman of the beer that I have had? - I suppose about five or six minutes; all that while he was arguing about that pot of beer; and he said he was going away, and he must have the money.

Have you any reason to believe at the time you opened your door, there had been any blows struck? - No, not the least in the world, I never heard any blow struck; I have no notion how she came by her death; she was very a few well minutes before; she was very much enraged, and in a great passion, and was very weak; she had lain in about six weeks before; she was very week and poorly.

How soon after he went down did she begin to complain? - After he was gone down, I heard the child cry in the room, and I went in, and she was gone down stairs, into the one pair of stairs; there was only the children in the room; then about five or six minutes I heard the youngst baby cry very much indeed; and I looked out, and her room door was shut, and I opened her room door, and the deceased was leaning against the back of the chair, with one hand to her head, and the little child in her lap, like to fall off her knee; I took the child off her knee; and I said, oh, dear me, the woman is in a fit.

Jury. This strikes me to be a very material matter, for the evidences seem to be correcting each other; the late evidence, and those that are to come, they are remarking and commenting.

Court. Let one of the officers stand amongst them, perhaps it may be as well for them to go out of Court.

Ann Edwards . I took the child off her knee, and she was laid back in her chair, and she was very sick.

Do you mean she vomited? - Yes, like milk off her stomach first of all; then she vomited very much indeed; then Mrs. Godfrey came up stairs; I was holding the deceased, and the child in my arms; then we proposed sending for an apothecary, and Mr. Hooper was sent for, but before that we laid her down on the bed, and she seemed to be like in a fit; she never spoke after; we said we will send for your husband; and she said no, it will do no good, for he has not been at work for some time; she never mentioned the boy, or any thing of the kind to me; and I was with her from the time the first of the affair happened; I suppose she did not live half an hour after it happened; I never saw the boy but once before.

Court Mrs. Godfrey. When you came up, what posture did you see the prisoner with the deceased? - His two hands were on the deceased's breasts; the deceased had no cap on.

With the fists clinched? - I cannot say whether they were open or not.

Did he seem to be pushing her back? - She said, you villain, what do you strike me for? he said he did not; she said he did; she had no cap on.

ELIZABETH NELSON sworn.

I lodge in the one pair of stairs; I was dressing my child and I heard a great bustle in the two pair of stairs, and I opened the door, and I heard the prisoner ask the deceased for the price of a pot of beer; and the deceased said I do not owe you for any; some time after that I heard her swear, which was a very uncommon thing, that he should go down stairs; and I remembered the day that the boy brought that up stairs to Mrs. Edwards, in the next room, which was not paid for, and I thought the boy was under a mistake, and I wished to see it righted; I stepped into the next room, and desired one of the evidences to step up stairs to see it righted; in the mean time, Mrs. Godfrey and Mrs. Edwards were running up stairs; I sent up Mrs. Dorothy Knowles , Mrs. Gibson's servant; I heard no more of it till after the boy was gone down stairs; then I opened the door, and the deceased was standing in the middle of the stairs; I took her by the hand, and desired her to

come in to my room, and compose herself; I was eating a bit of dinner, and I asked her to come in and have part of a pint of beer; she said she was not used to drinking, she could not drink, her head ached; and then she said, oh, that naughty man, I never owed for a pot of beer; and she kept her hand on her head; she staid with me two or three minutes; she went up stairs in two or three minutes; I went up a little after, she was then very bad, and complained of her head very much; they were getting her into bed; the doctor was sent for, and he said he could do nothing for her in the state she was in; he said she was in a kind of fit.

Are you the person that said if you were dressed, you would throw him down stairs? - No, my Lord, it was Mrs. Gibson.

Do you know how her head came to be so bad? - By the violent passion she was in; she was perfectly well before.

SARAH GIBSON sworn.

I live in the one pair of stairs; I saw nothing of this misfortune; I heard a great noise; I was in my room, but I had not my clothes on, or I should have gone out.

You said you would have broke his neck down stairs, if you had had your clothes on? - Yes, I said so.

What was your cause? - Only being saucy; I thought it was not well for a pot boy; I did not think he had struck the woman, I only know that she desired him to go down stairs, or she would push him down stairs; and he would not go down, till he had the money for the pot of beer; I spoke to the deceased, and asked but, why she put herself in such a passion, and she never answered me, only called out, oh, my head, several times; she walked up of herself; I did not think she was nigh death, or death was nigh her; but she d a few minutes after she went up stairs; I sent my woman for some hartshorn; I thought there might be some life in her; I told the apothecary to bleed her if he thought proper; he said it was of no use; he bled her, and she bled three drops, and no more.

Had this boy been often there? - I do not know the boy particularly, I have seen him before, he came for pots.

DOROTHEA KNOWLES sworn.

They had a commence about a pot of beer ten or fifteen minutes before I went up; I went up by order of my mistress, and he had her by the right breast with his right hand, and his other hand up to strike at her; I asked him the reason he was going to strike her; he said no, she owed him for a pot of beer, and he would have the money before he went out of the room, and I told him it was the next room that owed him for the pot of beer, and not her; he said he insisted upon it, he took the beer into the room, and set it upon the table; I asked him if it was not a lusty gentlewoman that took it from him upon the stairs; he said, yes; I knocked at the room door adjoining, and Mr. Edwards came out, and told us it was him that owed for the pot of beer, and his wife came and looked over his shoulder; and Mrs. Godfrey then immediately came up and insisted he should go down, or she would push him down; that he should not use her lodgers ill; he said he would be paid for the beer before he went out of the place; and Mrs. Godfrey insisted on his going down, and she pushed him down, and he told her on the stairs that he would serve her as he had done the other, if she did not let him alone; I saw no blows at all.

You say he had hold of her breast? - He had hold of her breast; his hand was upon her breast pushing against her to get out of her apartment.

THOMAS REED .

How old are you? - Ten years old.

Will you be sure to tell me the truth? - Yes, Sir.

You know it will be a very wicked thing not to tell me the truth? - Yes, Sir.

THOMAS REED sworn.

I am the son of the poor woman that died; I remember the prisoner coming up

to our room; I was at home, he came and knocked at the door, and asked her for the money for the pot of beer she had on Friday night; she told him she did not owe for any pot of beer; he told her she did; and so she told him to go out of the room, and she wanted to put the door in his face, and he shoved back again, and then he took and struck her on her breast with his fist, and then he collared her, he caught hold of her breasts here with both his hands, then Mrs. Godfrey came up and caught hold of him, she caught him collaring her, and she turned him down.

HENRY WATSON sworn.

I did not know the deceased in her lifetime; the coroner and his jury sent a request that I would come and examine the body, it was the evening after the day of her death, in that space of time there can be very little room for any great alteration by putrefaction; I could not observe the least marks of any injury externally; I ordered the head to be shaved, supposing I might have found something there, but there was not the least mark of injury or mischief thereabouts, or her breast or neck; but upon examination in the internal parts, (I will not trouble you with every part we examined, it is not necessary) but in the head there was considerable mischief, so that it is not at all to be wondered at that she died so soon; in the brain there was a very considerable extravasation of blood; there had been a rupture of some small vessels, they had discharged their contents, and a great deal of this blood was diffused through the brain; no where else did I observe any injury at all, except a general appearance of weakness, such as might have been expected from a woman who had lately laid-in.

I suppose these ruptures proceed from numberless causes? - A variety of causes, it might arise from violent anger, sudden fear, and a plethora might produce it; there are frequent instances of people that die suddenly from such causes; I believe my deposition was pretty much to that effect; it was like an apoplexy, if it was not quite so.

Court to Jury. Gentlemen, there wanted nothing but the authority of a gentleman of the profession, to satisfy us about that, which I think the whole course of the evidence sufficiently points out, which is, that this woman came by her death from a sudden eruption of the blood vessels, which her emotion with this pot-boy occasioned; the death happening in that way, it is impossible to carry the consequences of this boy's misconduct to such an extent, as to impute that rupture to him: we cannot measure the effect that impertinent behaviour will have on different constitutions, so as to make it a crime of one degree in a boy to affront a person of a strong constitution, who does not care a farthing for him, and of another degree to affront another person whose spirits are all in an uproar at his behaviour; that is a refinement which cannot be admitted into the definition of crimes; so that upon the whole, I think it is impossible for us to say, that this woman came by her death by the hands of this boy; therefore we cannot examine into the crime of this boy, as both the charges against him presuppose that he was the cause of her death, though his impertinent behaviour was the thing that did lead to this unhappy end.

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17861025-86

844. JANE WILLIAMS was indicted for feloniously stealing, on the 15th day of October , three guineas, value 3 l. 3 s. and three shillings and two-pence, the property of Ruth Millan , in her dwelling-house .

RUTH MILLAN sworn.

My husband was a coach strap-maker, he died on the 14th of October, I was robbed on the 15th.

Was the prisoner your servant? - No; as she was coming down the street, she was told Mr. Millan was dead, and had left me

with four small children and down-lying; and she said poor creature I will go in and see them; and she cried over my babes and cried over me; but in the afternoon a club society, which my husband belonged to, came and gave me five pounds, four guineas and a half, and five and sixpence in silver; I had but ten-pence in halfpence, which was all the money I had before; I was very ill and went to bed; and when the club men came and knocked at the door, they came to the bedside, and paid me the money; I counted it over, and put it in my pocket; she said, she would stay with me all night; my husband lay dead on the table, and it was very shocking; she sat down in a chair, and my apron hung over the chair; and she took up the apron, and said, I will wrap up this apron under your head, to raise it; I said, never mind, but she would put it under my head, and at the same time she took my money; she sat down a few minutes; then she said, she would go home; I said, no, do stay; she would not; I got up, and locked and bolted the door after her; and when I got up at past five, I had but a guinea and half, and five shillings and sixpence in silver, and eight pennyworth of halfpence; nobody was in the house.

How old is the eldest of your children? - Turned of seven; and all girls; I enquired after her; the prisoner was apprehended on the Monday.

THOMAS DALTON sworn.

I belong to the public office in Bloomsbury; on Monday about eleven a person was brought in very much in liquor; she was given into my charge, and taken to a public house next door; she was taken into a room and searched; Mr. Treadway and me took hold of her by her throat, and held her fast till the money fell out of her mouth; nine shillings and sixpence, and two pence three farthings.

EDWARD TREADWAY sworn.

I was with the officer.

PRISONER's DEFENCE.

Gentlemen, after the man gave her the money from the club; she said to me, Jenny, go for a pint of beer, and so I went; and the guinea was amongst the halfpence; I never had my hand near her pockets; she owed me money, and that was the time to pay.

What money did she owe you? - I worked for her a twelve-month almost.

Court to Prosecutor. Did you send her out with some halfpence for some beer? - I did not send her out for any thing.

GUILTY, 39 s .

To be confined two years in the House of Correction .

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

Reference Number: t17861025-87

845. SOPHIA LEWIS was indicted for feloniously stealing, on the 22d of October , one cambrick handkerchief, value 1 s. one linen ditto, value 1 s. a coat, value 40 s. a pen-knife, value 6 d. a green silk purse, value 6 d. two guineas, value 2 l. 2 s. and ten shillings and sixpence, and four shillings in monies numbered, the property of Thomas John Burrell , in the dwelling house of John Dell .

And WILLIAM COX was indicted for feloniously receiving, on the said 22d of October , the said coat, knowing it to be stolen .

(The case opened by Mr. Peatt.)

THOMAS JOHN BURRELL sworn.

On the 22d of October, at two in the morning; it was Sunday; I was coming up Wych-street; I was accosted by the prisoner to go and drink a glass of wine; I went home with her about ten minutes after two; when I went to her apartments, I gave her two shillings in silver, and went to bed; I then had two guineas and a half in gold, and four shillings in silver, in a green silk purse; I pulled out my purse in the room before I went to bed to give her the two shillings; the money was in the purse; we went to bed; I put

my brown cloth coat and waistcoat on the table; I then pulled off my shoes and buckles, and put the buckles and neckcloth on the table, and then went to bed; I had not been in bed long but I found every thing was not so agreeable as I could wish.

Where did you put your breeches? - I laid in my breeches and stockings; a little time after I had been in bed, I did not like my companion; the consequence of which was, she said, she was not well, she must get up, and have something to drink; she got up in a quarter of an hour, and left the candle in the chimney piece; I saw her looking at my buckles and shoes; I asked her, what she was doing with them? she said, I never come nigh a man so curious as you are; says I, put them down; she put them down, and at the same time blowed out the candle; she went out immediately and locked the door; I was doubtful of the place I was in; and I remained there till Cox the prisoner came; I missed my purse after she went, and before Cox came in, which was about half after five; I lost the purse about three; how Cox came in I do not know; he said, you bloody b - g - r, what do you do here? I asked him, what that was to him; I had paid for being there, and would stay till I saw the woman that brought me there; he said he had no woman at all belonging to him, and that I should get up immediately; I told him, I would not; in consequence of which he said, I shall return very shortly, and if you are not gone before that time, I will do for you; he did return in a very in a very short time, and says again, what you bloody b - g - r, you are not gone; he then says, get up; says I, do not go to treat me ill; I am a better man than yourself; upon which he took off the bed clothes, and then with a knife he cut me twice. (Shews his hands to the Jury.) One a deep cut; in consequence of which, I jumped up immediately, and said repeatedly to him, do not use me ill, I am a better man than yourself; then I missed a blue cloth coat, which I had on, and my neckcloth, and my pocket handkerchief; when he came the second time it was day light.

Court. What may be the value of this coat? - It cost me three guineas.

What do you think it is worth? - I do not know; it has been worn by me only three weeks; I leave the value entirely out of the case.

Do you think it is worth forty shillings? - I should be very happy to get such a coat for forty shillings; I then quitted the apartment, and stood on the landing place, and said, I am now out of your apartment, but I will not quit the place till such time I have my property; I value my cambrick handkerchief at one shilling, and my pocket handkerchief at one shilling; and he flung my head against the door, and the door flew open, and there lay two as notorious villains as himself; they cried out immediately, ham him, and murder him; upon which he came to lay hold of me to throw me over the bannisters of the stairs; I avoided that; I came to go down stairs, and he and the other two came and smashed me down stairs; I fell stupid; they then kicked me, trod upon me, and threw me out of the door; I went into a public house; the man's name is John Bray ; the sign is the Golden Hart, in Parker's-lane; I begged for assistance; I shewed him the bloody condition I was in, cut in that manner, and I told him what I had lost; the publican said, he thought I might think myself very happy as I was; for it was very frequent that real gentlemen, in his opinion were stripped stark naked, without shirt, shoe, or any thing else; I asked Bray if I could get any body to lend me a coat; I sent for a person who lent me a coat; and I went away; when I returned again, Mr. Bray inform a me he had the coat; upon which my friend, Mr. Kershaw, went and fetched an officer; then when I got in, Cox was there; Bray said in his presence, he had let Cox have upon the coat five shillings in silver, and gin and bread to the amount of two shillings and nine-pence halfpenny; Bray offered him five shillings for the coat; another man came with him;

neither one nor the other would take five shillings; the other man's name is Jordon; I was taken into the back parlour almost immediately.

Before Bray took you into the room, did he tell you for what purpose he took you there? - He told me he had stopped Cox the prisoner with my coat; and he told me what money he had let him have upon it; my friend let me have the money; Mr. Jordon and Mr. Kirshaw were subpoened; they neither of them were before the Grand Jury; and another publican whom Cox took the coat to, before he took it to Bray; he kept the Cheshire Cheese in the same lane, he was subpoened.

Court. What is your business? - I am clerk to Mr. Newby, an attorney; I believe the house belonged to John Dell , from what I heard.

GEORGE MEECHAM sworn.

I took charge of the prisoner; he was very much in liquor, in the house of John Dell ; I found nothing on the prisoner; he behaved very quiet; I saw some blood on the prosecutor's ruffle; I did not take much notice; he said he was cut, before the Magistrate.

PRISONER LEWIS'S DEFENCE.

I went with the man; he desired me to take the coat and pawn it, for he had no money; I pawned it for two shillings.

PRISONER COX'S DEFENCE.

On Sunday was a week, between seven and eight, the landlady of the house where this woman lodged asked me to treat her, and in a very few minutes that gentleman came with a constable, and took me.

SOPHIA LEWIS , GUILTY, Of stealing, 39 s .

Transported for seven years .

WILLIAM COX , GUILTY ,

Transported for fourteen years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-88

846. JOHN GOGAY was indicted for feloniously stealing, on the 2d day of October last, three linen sheets, value 18 s. the property of Richard Bosher .

RICHARD BOSHER sworn.

I keep a public house ; I saw the prisoner with his coat pulled too; I pursued him on information.

JAMES SMITH .

Did you ever take an oath? - Yes, only at Justice Wilmot's.

Was you ever taught your Cathechism? - No.

Suppose you take a false oath, and tell a story, what will become of you? - I do not know.

Do you know whether there is another world? - Yes, I have heard of Heaven.

Did you ever hear of a place where bad boys go to that tell stories? - Yes, Hell.

Do you know if you take a false oath that you shall go to Hell? - No, Sir.

Then I tell you, you will go to Hell, and be punished here.

JAMES SMITH sworn.

I am no trade; I live with my brother; he is a blind man; he gets his living by playing the fiddle and clarinet; I lead him to public houses at nights; the prisoner came down into the club room; and shewed some sheets in his breeches to two young men.

ELIZABETH BINGLEY sworn.

I am a lodger at the prosecutor's house; I sheeted the beds at four in the afternoon, and three were afterwards missing.

PRISONER's DEFENCE.

I went to a chair club at the prosecutor's house; I know nothing about the sheets.

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

GUILTY, 10 d .

To be whipped .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-89

847. THOMAS BROWN and JOHN BROWN were indicted for feloniously stealing, on the 8th day of September , thirty-six pounds weight of hemp, value 16 s. the property of John Bond .

JOHN BOND sworn.

I am at twine spinner ; on the 8th of September I missed the hemp mentioned in the indictment which my servant worked the day before.

ROBERT DORMER sworn.

I saw this hemp before the Justice, in the possession of the prisoner John Brown.

(Deposed to by the Prosecutor.)

WILLIAM CLARKE sworn.

I am a hemp dresser, and servant to the prosecutor; I found this hemp at Thomas Brown 's who was spinning it; I charged him with having taken it; he said, if it was lost, his brother bought it; that was John Brown; and he said, he stole the goods, and he hoped Mr. Bond would forgive him; that was in Mr. Bond's shop; I heard no promise made him.

PRISONER THOMAS'S DEFENCE.

He was working some of it; it was in a shed; I knew it was my master's; I know nothing of the taking it.

PRISONER JOHN'S DEFENCE.

I was very much in liquor; and he told me if I did not say I did it, he would have me hung, and take me to Newgate; and so by his over persuading me, and promising me, I said, I did it.

JOHN BROWN, GUILTY .

Transported for seven years .

THOMAS BROWN , NOT GUILTY .

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

Reference Number: t17861025-90

848. WILLIAM ROGERS was indicted for feloniously stealing, on the 5th day of September last, four silver teaspoons value 6 s. fourteen halfpence and two farthings , the property of William Brewer .

The things were found upon the prisoner, but he appearing to be disordered in his head, he was ACQUITTED .

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

Reference Number: t17861025-91

849. ISABELLA MEAD was indicted for feloniously stealing, on the 13th day of September last, a pewter quart pot, value 16 d. the property of John Colvill .

JOSEPH MATTHEWS sworn.

I am a publican; I live in Bambridge-street; on the 13th of September, I went and looked through the prisoner's door, and I saw this quart pewter pot in this frying pan, and the prisoner blowing at the fire; then I opened the door and took her; and took up the pot, and said to the prisoner, now madam, are you frying pots or not; she said, no, she was making water gruel; says I, it is very fine water gruel, when pewter pots turn into oatmeal; I drove her before me to the Justice.

(The pot deposed to.)

PRISONER's DEFENCE.

I found the pot covered over with straw, and was going to take it to the owner, and I took the pot home in my hand first to get a bit of victuals; the pot was not near the frying pan.

GUILTY .

Transported for seven years .

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

Reference Number: t17861025-92

850. WILLIAM SIMPSON was indicted for feloniously stealing, on the 3d day of September last, a live pig, price 3 s. the property of William Allington .

The prisoner was the prosecutor's nephew ; he was taken with the pig; his uncle appeared and promised to take him again.

GUILTY .

Privately whipped, and discharged .

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

Reference Number: t17861025-93

851. ANN THOMAS was indicted for feloniously stealing, on the 6th day of October , six leather sheepskins, value 6 s. the property of Robert Yeates .

The prisoner was seen coming out of the house with the things, which were in the garret.

GUILTY, 10 d .

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

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

Reference Number: t17861025-94

852. ELIZABETH JOHNSON was was indicted for feloniously stealing, on the 10th day of August last, one linen shirt, value 4 s. one pair of cotton stockings, value 6 d. a silk handkerchief, value 6 d. a linen ditto, value 3 d. and a gauze cap, value 6 d. the property of William Hayley .

The prisoner lodged in the prosecutor's house, and pawned a shirt, which was the prosecutor's property; the other things were lost at the same time.

GUILTY, 10 d .

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

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

Reference Number: t17861025-95

853. JOHN ROBINSON was indicted for feloniously stealing, on the 16th day of September , one woollen jacket, value 9 s. the property of John Dixon .

The prisoner was seen taking the jacket from the prosecutor's door.

GUILTY, 10 d .

To be privately whipped, and discharged .

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

Reference Number: t17861025-96

854. THOMAS LUCAS and CHRISTOPHER DIVERS were indicted for feloniously stealing, on the 21st day of August last, one leather pocket-book, value 1 s. the property of Thomas Harrold ; one bill of Exchange, signed C and E Adams, dated 15th of August, 1786, value 137 l. their property, privily from the person of the said Thomas Harrold .

There being no evidence to affect the prisoners, they were found BOTH NOT GUILTY .

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

Reference Number: t17861025-97

855. GEORGE CARD was indicted for feloniously breaking and entering the dwelling house of David Richards , between the hours of six and seven, the said David, and Mary, and William Sellbourn , then being in the said dwelling house, and feloniously stealing a man's hat, value 5 s. four silver tea-spoons, value 4 s. and a pair of horse pistols, value 10 s. his property .

(The witnesses examined apart.)

DAVID RICHARDS sworn.

I live in Wyche-street, the back of St. Clements .

Who had you in the house with you? - William Sellbourn , he is a lodger of mine; and Mary Richards , she is my wife; I had some other lodgers; the house was broke open between six and seven, on Monday the 11th of September , Mary

Richards, myself, and William Sellbourn , were in the house; I heard a noise, as I was laying in bed, in a room opposite me; I immediately jumped out of the room; and as soon as I came out of the room, there were two men opposite to me; I immediately pursued them, and took one; one of them got off.

How high was this? - In the one pair of stairs; I slept in the one pair stairs; I pursued, and took one of them, which is the prisoner; I have the key of the room, where I found the prisoner; the lock must have been picked; I locked it myself; it was open in the morning.

How got they into the house? - I cannot tell indeed; the things were in, in the evening, and in the morning they were gone; the hat was found on the stairs; the other things were never found; they jumped down stairs when I unlocked my door, and ran out; the street door was open when they came to the bottom of the stairs.

Perhaps some of the lodgers might have gone out before that time in the morning? - I always lock that room every night, and take the key into my room; I never saw the prisoner before.

Mr. Peatt, Prisoner's Counsel. Your's is a common lodging house? - Yes.

Your lodgers come in and go out at all hours? - Yes.

Are there more keys to your house than one? - No, they are working people; they generally go out early in the morning.

Did you ever try the other keys of your house? - No one opens it that I know of.

Are they men or women that lodge in your house? - Men and women both; I saw the prisoner in the room.

Do you know the person that was with him? - No.

Were they acquainted with any of your lodgers? - I do not know.

Is the prisoner acquainted with any of your lodgers? - I do not know.

MARY RICHARDS sworn.

I am wife of David Richards ; I remember being alarmed with a noise, on Monday, the 11th of September, between six and seven; my husband got out of the bed, and the moment he opened the door, to my thoughts, he fell from the top of the stairs to the bottom; I immediately got out of bed, and he brought up the prisoner.

Who lives in the room? - We keep it ourselves; it was locked the night before, and the key I brought into our bed room.

Did you examine the windows, to see if any body had got through the window? - No, Sir, there was no marks of that; I missed two tea-spoons, the one marked, the other unmarked; two pistols, a hat of my husband's; I never knew the prisoner before.

Mr. Peatt. There were a good many people come backwards and forwards to your lodgers? - Yes; no key will open that door, of any other of the doors to my knowledge.

WILLIAM SELLBOURN sworn.

I am a lodger in the two pair of stairs room; on Monday, the 11th of September, as I was sitting in my own room, between six and seven, I heard a great noise on the stairs.

Had you been out that morning? - No, I had not, nobody had been out to my knowledge; and I heard a voice, crying out murder, murder, robbers, robbers, help, help; accordingly I ran down stairs as fast as I could, and at the bottom of the stairs, I found Mr. Richards in his shirt, and the prisoner; I know nothing about the lodgers.

PRISONER's DEFENCE.

I leave it all to my counsel.

What are you? - I am a carpenter.

Prosecutor. He told me he lived in Moorfields.

GUILTY .

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

To be transported for seven years .

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

Reference Number: t17861025-98

856. HARDWICK RICHARDSON was indicted for feloniously assaulting Mary the wife of John Bell , on the King's highway, on the 20th of October last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, a cloth waistcoat, value 3 s. a white corded dimity ditto, value 3 s. the property of the said John .

MARY BELL sworn.

I am wife of John Bell ; he lives in Crane-court, Rosemary-lane ; he deals in clothes I was unlocking my own door; I lost two waistcoats; I was coming home with a parcel of waistcoats on my arm.

How many? - As many as I could conveniently take on my arm; as I was unlocking the door; it was a spring-lock, and I could not conveniently unlock it with one hand, so I put my waistcoats into my apron; then I took my two hands to undo the door; then a man came and seized me by the arm; he pulled my arm, and the waistcoats upon it; and there happened to be two waistcoats upon it; the rest were in my apron; but the second time he pulled, he got the two waistcoats away; I cried, oh, dear, who is that; he made no answer; he got half a yard from me, and dropped one of the waistcoats; I thought it was somebody in joke, as he was laughing so hearty; the neighbours were alarmed; it was early in the night; and the prisoner was stopped; when he heard me cry out, he cryed out faster than any body else.

He said nothing to you? - Nothing at all; I got my waistcoats; they were stopped, and brought back with a man, but I cannot swear this is the man; he was in a blue jacket.

JOHN FEARNE sworn.

I stopped the prisoner; I keep a shoemaker's shop the bottom of the Minories; I heard the cry of stop thief; the man came running by the door; my brother tripped him up; he fell, and I picked him up, and picked up the waistcoats too.

(The waistcoats produced, and deposed to.)

PRISONER's DEFENCE.

My Lord, I had been at work on board a ship last Friday se'night; as I had been many days before at Ratcliffe-cross; I came on shore at six in the evening, along with three or four of our people, sailors, we had three or four tankards of porter together; I quitted their company to go to Gray's Inn; I had seen them the night before; I was going through Rosemary-lane, between seven and eight, I saw a man come running out in a violent haste; I never saw the man before in my life; this woman was in pursuit of him; I was in liquor, and I ran after him; I overtook him, and had a scuffle with him; I perceived he had some property in his hand, and I snatched it out of his hand, and run after him; I was just passing this gentleman's door; the person I was taking up just passed the door as I did; I was thrown down, being suspected of being the person; I will assure you it is true; I am a sea-faring person; I never was in a Court in my life; I was in expectation of a friend coming, a Mr. Townsend; I sent for the gentleman I lodge with, in great Trinity-lane, and he was not at home.

Court to Fearne. Did you see any person running before? - No; my house is seven doors from the corner of the Minories; he was running towards the corner of the Minories.

GUILTY Of stealing .

Transported for seven years .

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

Reference Number: t17861025-99

857. JOHN FERRILL and WILLIAM BASS were indicted for feloniously stealing, on the 21st of September , one cambrick handkerchief, value 1 s. 6 d. the property of a person unknown.

JOSEPH NICHOLSON sworn.

I saw a gentleman going on quietly; I

watched the two prisoners, who followed him; I am sure they were in company together; I heard them converse together; then the prisoner Bass put his hand into the gentleman's pocket, and took out the handkerchief, and gave it to the prisoner Ferrill; as soon as they had done this, they both run away; I told the watchman to take them.

Prisoner. Did not you stop another man, and then let him go? - Yes.

JOHN NEWMAN sworn.

I found this handkerchief in the prisoner's bosom.

PRISONER FERRILL'S DEFENCE.

My brother gave me the handkerchief.

WILLIAM BASS 'S DEFENCE.

I was coming down Snow-hill, and they took me into custody; they found nothing about me.

BOTH GUILTY .

Each transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17861025-100

* 858. ROBERT SEARLES was indicted for feloniously stealing, on the 16th day of September last, one guinea, value 1 l. 1 s. and two half-crowns, value 5 s. the property of William Thompson .

* Charles Hale served on the London Jury, the 7th day, in the room of Joseph Wells .

WILLIAM THOMPSON sworn.

I keep the Saracen's head, in Friday-street ; I lost a guinea, and half a crown, on the 16th of September last, about nine in the morning, out of my desk; I was informed either the prisoner, or his brother, robbed the desk; I called up the prisoner and his brother, and told them I suspected they had robbed the desk various times; I told them now I suspected they had robbed the desk of a guinea, and half a crown; with that they pulled out their money out of their pockets both of them; and out of the money that the prisoner had, there was a guinea, which I know to be the same, as I had marked it before; and there was half a crown, which I knew also; I had not put any mark upon that, the book-keeper said he had marked it, and he told me before, how he had marked it; I told them this money was my property, and I sent for a constable.

Mr. Garrow, Prisoner's Counsel. How long had this young man lived with you? - He was not a servant of mine; he was under my head porter.

This money was supposed to be taken out of your desk in your warehouse? - Yes.

Is it a place which is in general resorted to by people? - Yes, just to deliver parcels, and go away again.

Upon opening the desk, how many marked guineas did you find? - I did not open the desk at all.

Did not you see it opened? - No.

Do not you know what quantity of marked guineas there were in it? - Twenty-seven.

How long has it been the fashion to mark the money? - About two months.

Did you mark all that was put into that desk? - Yes.

Did not that money get into circulation? - No, never; this money was kept by itself on purpose.

Did you keep the key of the desk? -

I did not; I had known the mark before, because my clerk told me the mark the very same morning.

FELIX WADSWORTH sworn.

There is a desk in the warehouse; it is usually kept locked; I have the key.

Do you sit there to receive parcels, or when parcels are brought there, do you take them in, and lock them up? - I do.

Do you usually keep the desk locked? - Always.

Did you mark any money on leaving that desk? - Yes, thirty-seven guineas, and twenty shillings in silver, and four half crowns; all these I marked some days before, about four days, except seven guineas, seven guineas I marked over night; I had thirty guineas marked four or five days.

How much money had you in that desk marked? - That I cannot tell; I kept the unmarked in a purse by itself, and the marked in a leather purse, and the silver in a wooden dish.

I suppose the occasion of your marking the money was, that you had lost money, and wanted to detect the thieves? - On the 16th of September, between eight and nine, I was sitting on the steps, and the prisoner brought an old lanthorn, which his master bid him put into the warehouse; I gave the prisoner the large key to open the door; there is a key to the desk, another to the door.

What did you do with the key of the desk? - I had it in my pocket; he stopped about twenty minutes in the warehouse; and few a minutes after his taylor came down the street, and they went down to drink a glass, I sent for the key to go to wash myself; I took the large key from him, I immediately opened the desk and I saw the leather purse which had the thirty-seven guineas was reversed, turned upside down, after that I took and counted them, and there was only thirty-six, I told the silver, and I missed one of the half crowns; I locked the desk and went to my master, and told him; my master told me to go into the warehouse; and he came in and called up the prisoner and accused him; the prisoner said he never robbed him of a farthing; I told him he had taken a guinea and half-a-crown, and some halfpence that morning; my master desired him to take the money out of his pocket; accordingly my master found the guinea and half-a-crown upon him, knowing it to be mine, as he knew my mark.

Did you see the guinea and the half-crown that he produced out of his pocket? - Yes, the constable has it, it had my mark; I am sure it was in the desk when the young man went into the warehouse.

Are you sure you had not paid away any of this marked money? - No, I kept it; it was not circulating money, I kept it on purpose to catch the prisoner.

How could your desk be got open? - I suppose by the virtue of a false key.

Was that key searched for? - No.

Jury. Did you pay that money to nobody? - No, I never passed it.

What is the mark? - There is a horse upon the guinea, and I cut his leg with a dash; and on the half crown, opposite the king on the near side there is a dash.

(Shewn to the Jury.)

Mr. Garrow. You told my Lord, I think, that thirty-seven guineas had been marked for four days? - Yes.

Was the same mark on all the guineas? - All the same mark.

You could not tell one from the other? - No.

How long is it since you began marking guineas? - When I had about seven or eight; I kept adding to the heap, but never took any from it.

Do you mean to swear now, that in no one instance any one of these guineas was taken out and got into circulation; could it not happen by accident or any other way? - I never meant to take any out, it was a thing impossible, for nobody had a key to this desk but myself.

Was not this young man searched directly, to see if he had a key? - No, he was not.

Have you lost any of your marked guineas before? - Yes, several times.

How many had you got before you missed any? - I cannot say, then I kept putting more, every five or six days there was a guinea taken.

Somebody, however, at different times took out a marked one? - Yes, he had.

Had you lost any of your silver? - No; I used three different marks, these thirty-seven were marked alike.

What was the mark on the half-crown? - A dash on the tail side.

WILLIAM BISHOP sworn.

Are you this young man's master? - Yes.

Do you remember Mr. Thompson's evidence, and what be supposed had been done by this young man? - Perfectly well; Mr. Thompson called me up in the Coach-office, on the 16th of September, and told me that the prisoner had been taking money out of the desk; he ordered me to call him into the office; I called him up, and Mr. Thompson told him to take what money he had out of his pocket; and he laid down the money he had, which was part of it mine, and among that money was a guinea and half-a-crown, which he said belonged to Wadsworth our book-keeper; Wadsworth claimed it, and said it was his, and came out of the desk; the lock was not broke as I observed; he was not searched for a false key; his general character was a good one.

Mr. Garrow. Did not the prisoner desire to be searched? - I believe he said, you may search me if you will.

Prisoner. I am innocent; I said gentlemen search me; I leave the rest to my counsel; I am in the warehouse sometimes two or three hours.

Mr. Bishop. I gave him the lanthorn into the gateway, and I told him to go into the office and clean it; that accounts for some part of the time.

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

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17861025-101

859. JOHN BECKETT , THOMAS SIMS , and HENRY NELSON , were indicted for that they, on the 16th day of October , two hundred and fifteen pounds weight of lead, value 30 s. belonging to John Stephens , and affixed to a certain building of his, feloniously did rip, cut, and carry away .

It appearing since the bill was found, that Mr. Stephens has no interest in the premises, the prisoners were ALL ACQUITTED .

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

Reference Number: t17861025-102

860. JOHN SAVAGE , GEORGE DOBSON , and THOMAS OAKES , were indicted for feloniously stealing, on the 18th day of September , one cotton gown, value 10 s. and one linen petticoat, value 4 s. the property of Windham Madan , one other cotton gown, value 10 s. one cotton petticoat, value 4 s. the property of Elizabeth Bingham , spinster .

The prosecutors and witnesses not appearing, the prisoners were ALL ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17861025-103

861. JOSEPH PERRY was indicted, for feloniously stealing, on the 5th day of September , one steel watch-chain, value 6 d. a seal, value 6 d. a silver penny, and a piece of foreign coin, value an halfpenny , the property of Joseph Blake .

JOSEPH BLAKE sworn.

I lost the things mentioned in the indictment the second day of Bartholomew-fair , pretty near seven, it was light at the time, but little light; the prisoner came alongside of me, and he snatched my chain; he had been along-side of me three or four minutes.

Did your chain break? - Yes, and there was two pieces fixed to it, there was a yellow seal; I had it about a week, there was a piece of silver coin, and a piece of foreign coin, plated with silver, fixed to the chain; I saw my property stealing from this hole in my breeches, and I struck him with this very same hand, the right hand; says I, you want to rob me of my watch, and you have got my chain; who me! says he, and he dropped it directly; I saw the chain fall out of his own hand; I picked it up myself, the constable has had the care of it ever since; then he began to beat me, and cut my eye and face; I hallooed out constable; a man came the next day to me that pretended to be a constable; he called me out; says he, Mr. Blake I want to speak to you.

Prisoner. Did not we fight in the fair? - I was not fighting, I was defending myself.

Prisoner. Did not you say to me, you G - d d - d b - r, if it had not been for my pocket you would have taken my watch? - No.

MARY BLAKE sworn.

I am the wife of Joseph Blake ; I was at Bartholomew-fair the second day of the fair, and as we were coming through the fair, we were surrounded by a very great mob, and my husband was crying out how he had lost his watch; I had hold of his jacket for fear of losing him; I saw him strike the prisoner, I am sure it was him, I saw him by the side of my husband before; my husband's hat flew off in the fight, and I went to save it; I did not see the prisoner do any thing to my husband; while I was stooping down somebody

snatched at my cloak; then I did not see my husband again till I saw his nose bleeding and a black eye; then the constable took the prisoner away; I believe his name is Tillcock, and Dunchin wanted to make it up, and give my husband three or four shillings; my husband said he had lost his watch; after I saw his watch on the tap-room table facing Wood-street Compter; the officer asked him if he had lost any thing, and he said then, he only lost his chain, and he gave the officer his watch-chain from his waistcoat pocket; it had a brass chain and two pieces of coin.

Prisoner. The first time she came she said she knew nothing of the business? - I gave the same account I do now; I did not say that I knew nothing of it.

WILLIAM DINCHIN sworn.

I was bred to the sea; I get my bread by rigging; I was with the prosecutor and his wife; at this time it was between six and seven; I cannot recollect what day of the week or fair; I was behind Blake with his wife, I saw Blake striking at a man, I had not seen the man near him before, and there were a parcel of people together, and they got a fighting; I could not get to the man, and I looked for the woman, and the constables had got the prisoner; and I saw Blake's face cut; Blake said in the fair the prisoner wanted his watch; I saw no more of it till we came to the public house, and Blake took out his chain, and said see how it is broke; and the constable Tillcock asked him for it, and he gave it to him.

(Describes it.)

Court to Mrs. Blake. What did your husband say? - He said the man wanted to rob him of his watch.

RICHARD TILCOCK sworn.

I am a constable; as we were coming down Bartholomew-fair there were a number of people together, and a person called out, constable, I have lost my watch; I saw the prosecutor's face all bloody; he said the man is there, and pointed to the prisoner; the prisoner had his coat off, my partner, Sargeson, he took hold of him and delivered him to me; I searched him, I found nothing upon him; he gave charge of him, for that he had lost his watch.

Are you sure of that? - Yes; this charge was first given in Smithfield, and afterwards when he came to the Compter; I asked him for his address, and he gave it in Nightingale-lane; then he pulled out the chain, and said the prisoner forced the chain from his watch; he did not say then that he had taken his watch; I think he was sober, but being an Italian I could hardly understand him; but I am sure he said in the fair that he had lost his watch: I have had the chain ever since (Deposed to) I swear to the chain and the pieces of coin; I have kept the watch also.

PRISONER's DEFENCE.

This Blake was going on in Bartholomew-fair; I was before him and he knocked me down, and said I took this watch; I got up and asked him what that was for; he said I had got his watch, then we fought two or three rounds, I hit him on the nose and gave him a black eye, I suppose that exasperated him, and he run into the Crown, and called for two constables; they came and took hold of me; nothing was said about the chain; he had the chain and his watch then; then he laid hold of his chain, and said, you God d - d b - r, if it was not for this hole I should have lost my watch; then we came to Wood-street Compter, I thought it was for striking him; I knew nothing of this till next morning; then when we went before the Alderman he had his chain in his hand, and said I broke it off; if you will hear this witness.

WILLIAM SARGESON sworn.

I am a chandler; I live in Grub-street; I am a housekeeper.

Are you a constable? - Not this year; I have been several years running; I was

employed by the Marshal, along with Mr. Tillcock in Bartholomew fair; there were a number of constables employed at that time.

Prisoner. Did not you see the chain hanging to the man's breeches after this affair that he charged me with; when the cry was, constables, I have lost my watch? - I and Tillcock made our way into the crowd; I was the first of the two; I laid hold of the prisoner; Tillcock was at the same time as close as he could be; I gave him into Tillcock's hands; Tillcock gave him leave to put on his coat; I was keeping off the mob as much as I could; the prosecutor was close to my elbow; before we got to the end of Duck-lane, Tillcock was before the prisoner; Mr. Blake was along with me; he laid hold of his watch chain; I was about three steps behind, with the prosecutor close by my elbow; Mr. Blake swore a great oath, with a bloody b-g-r that if it had not been for a round turn in his breeches, he would have had his watch; then he pulled at the chain, and pulled up the chain; I did not see the watch, but I saw the chain; I replied, put your chain in, or otherwise you will be done of it yet; this was after I let the prisoner put on his coat; I swear his chain appeared fast, the same as mine is now; and I said, put your chain in, or else you will be done of it; the crowd was so, I could hardly keep them off of Tillcock and the prisoner; he pulled so hard at it with a terrible oath that he drew up his breeches waistband.

What was the oath he made use of? - The latter part of the oath was bloody b - g - r.

What did he say when he made use of that oath? - That he had done him of his watch if it had not been for that round turn.

What? - That he would have got his watch, had it not been for that round turn.

Just now you said something else, and I want you to repeat it? - I cannot recollect the other part; he said, he had done him of his watch, if it had not been for that round turn; we went on to the compter; when we got to the public house to take his address; he then produced the chain loose.

Where did he produce it from? - I cannot tell.

Will you swear that he did not produce it from his waistcoat pocket? - Was I to swear so, I should swear more than I know; I do not know from what pocket he produced it; he did produce it.

Who was it that advised Mr. Blake to make it up with the prisoner? - As we came along Love-lane, the prisoner called me first, and desired I would speak to the prosecutor that he would make him satisfaction for striking of him; I believe Tillcock heard the words; I could not tell who had been the first aggressor, not then; upon which I told Blake, that the prisoner was willing to make him satisfaction for striking of him.

Did Tillcock hear that? - I do not know; Blake was five or six steps forward all the way; I spoke to Blake; he refused it; and I told the prisoner he would have nothing to do with it.

How happened that you was not constable this year? - I do not know; I have been a substitute several years.

Was you ever turned out of office? - No, my Lord.

Never? - No.

When you was at the Compter the charge was made? - Yes.

Now on hearing this gross and abominable charge made of stealing this chain; when you saw it found in the man's breeches before; what did you say to Mr. Blake on that occasion? - I did not say any thing to Mr. Blake then; it did not strike my mind at that time; I mentioned it the next morning to the Magistrate.

Why did not you tell Mr. Blake,

"you must be a very bad man; it is but a very few minutes ago that you shewed me this chain whole; you must have broke it from your fob?" - My Lord, the truth is, it did not strike my mind till the next morning; I had quite forgot what passed in the

street at that moment; the next morning I told the Magistrate of the proceeding.

Who subpoened you here? - The prisoner.

Did you come by a subpoena, or without one? - By a subpoena.

Have you got that subpoena? - I believe I have.

(Produces it.)

When did you receive this subpoena? - On Thursday afternoon, I think it was.

The prisoner was in the room when this charge was made against him? - He was put into the compter before the chain was produced.

You did not go to the Magistrate that night? - No, not before the next day.

What did the prisoner say to the charge? - The prisoner denied it; and I acquainted the Magistrate what I have acquainted your Lordship.

What did Blake say to that? - Blake gave me ill language, but it was immaterial; the Magistrate thought I had been fee'd by the prisoner; Blake persisted in the charge, and first of all he said, that he took it out of the prisoner's hand; then he varied from it, and said, that the prisoner threw it down, and he picked it up, and first he sung out that he had lost his watch.

How came you to say that the prosecutor gave the same account that he has given in Court? - I was there when he was examined.

How do you know what account he has given now? - I hear that he gives account that he took it up.

From whence have you heard that? - That might not be the identical word.

How do you know what he said in this Court, have you received any message out of this Court from the prisoner here? - No, upon my oath.

Nor had any intelligence from him? - No farther than the subpoena.

Have not you been in Court during the whole time the prosecutor was examined? - Yes, my Lord, I was; I did not hear the witnesses for the prisoner ordered out; I heard the witnesses for the prosecutor ordered out; or else it would have been the same to me; I came here with no tale; I never saw the man before nor had any conversation with him; Tillcock and the prisoner were before, and Blake and me were behind some steps.

How did the prisoner get at you to subpoena you? - He was examined three times at Guildhall before he was committed, and there he got my name; I met his wife one day promiscuously in St. Giles's; I knew nothing of the man; I met her once since that again.

How came you to know it was his wife? - They said so when he was examined; she attended the examination every day; but Tillcock can tell as well as me.

What sort of a woman was she? - A young woman, appearing about two or three and twenty.

Did you give the man's wife or him your direction? - Why I do not know whether I did mention it at the Castle.

It is impossible you can have forgot? - I believe I did at the Castle, before Tillcock and the prosecutor.

Did you give that direction in writing? I believe he wrote it in writing.

Did you give it in writing? - I really cannot say who wrote it; going up Guildhall yard, Blake's wife says to him, never mind, swear that you took it out of his hand.

Was you employed this fair time by the Marshal? - Yes.

Which of the Marshals? - Mr. Miller.

Did he pay you for your attendance? - Yes; he gave us an order for the money.

Court to Prosecutor. Did you ever say at any time that you took the chain out of the prisoner's hand? - It is false, every thing; because I never spoke to him.

Did you say that before the Magistrate? - I do not recollect that I did; I told the Magistrate that I saw the chain in his hand and he dropped it directly.

Did you ever say that you took it out

of the prisoner's hand? - I picked it up directly.

Court. Let Mrs. Blake go out of Court.

Now in Guildhall yard, when you came away, did your wife say to you, never mind, swear that you took it out of his hand? - No, she said no such thing to me; why should I swear any thing that is not true.

Did your wife ever tell you to swear that? - No, she never told me nothing.

Was not it the last winess that desired you to make it up? - Yes.

When he wanted to make it up, what did he say? - He spoke to my other witness Dunchin twice; a man came to me twice from Sargesson; Sargesson never spoke to me; it was Dunchin that came to me.

Do you recollect coming home whether you put your hand into your pocket or into your fob? - I took out my chain and shewed it to William Dunchin , and put it directly into my green-shag waistcoat pocket; that was in the fair.

When you came in the house you shewed the chain to Tillcock, did you, when you was walking home, put your hand to your fob and say any thing to him? - I never spoke to him all the way home; the constable offered me two guineas the next day to make it up; says he, come here, I want to speak to you; says he, you are French, I know that very well, says he, you do not know the law of England; yes, says I; says he, he will be tried at the Old Bailey, and the costs to you will be sixty pounds; my wife was in the public house, at the sign of the Castle; he called me out to him; I wn out to him twenty yards.

Court. Call in Mrs. Blake

Did you go with Mr. Blake backwards and forwards to the Magistrate? - Yes, Sir, every day.

How do you and your husband get your living in Nightingale-lane? - Only by his going to sea.

Did you tell your husband any time, never mind, swear that he had the chain in his hand? - No; I always was quite against it; I wished to have no trouble with it; I am very sure I never told him, never mind it, swear that he had the chain in his hand; I could take my affidavy I never said such a word as that.

Court. Let Mr. and Mrs. Blake come forward, and let Sargesson stand up together.

Now Sargesson, Mr. and Mrs. Blake, on the solemn oath they have taken, have both positively sworn that what you have said is false; Mr. and Mrs. Blake swear positively, that there was no such word said, as never mind it, swear that he had the chain in his hand; now I ask you, upon your oath, whether you will still persist in what you have said? - Yes, I will, point blank, swear that she said to him in Guildhall-yard, going up on his shoulder, never mind, swear that you took the chain out of his hand.

Court to Mrs. Blake. When did you see Sargesson first, did you see him in your way home talking with your husband? - No, Sir, Sargesson came with us to the public house from the fair; he was first with my husband, then with the prisoner.

Did you hear any conversation between the fair and the public house, between Sargesson and your husband? - No farther than he wanted to persuade my husband to make it up; he said you had better take four or five shillings, and make it up, than let it go any farther; it will only cost you a deal of trouble.

To make what up? - I did not hear him say what.

Did you hear him say the b - g - r wanted totake away my watch? - No, Sir, I did not hear him say so, because he very seldom makes ude of that word; he might say it, but I did not hear him; we went to the public house in Guildhall-yard every day.

Do you remember Sargesson's beckoning your husband out for any thing? - Yes, Sir, I was sitting by at the same time.

How long was your husband out? - About a quarter of an hour.

You did not follow him to know what Sargesson said to him? - No, Sir, I did not; I asked him several times, but he did not tell me.

Court to Dunchin. Do you know whether you saw the watch and the chain separate in Smithfield or any time before he got to the compter? - Yes, Sir, as they were going through the fair, after the prisoner was in custody, the prosecutor took the chain in his hand, and put it into his waistcoat pocket; at the pu blic house he took out the chain of his watch out of his waistcoat pocket, and gave it to the constable; I saw him, as he was going along the fair, put it in his waistcoat pocket; I came with them to the public house; he had no conversation with Sargesson; he was going on in a passion, with his face bloody; and Sargesson came to me twice, to endeavour to make it up with the prosecutor, for it would only cost trouble, and I went to him the first time, says I, you have got your watch and your chain, what signifies; he said, he would have satisfaction.

Was there any conversation between the last witness, Sargesson, as he was walking through the fair to the public house and the prosecutor? - I did not take notice of any.

Did he say any thing to you about making up the blows or any thing of the kind? - No, he did not say any thing of the kind; Sargesson came to me another time, then he asked me to advise the man to make it up; he did not say a word that I know about blows or any thing, only to make it up, that it might not go any farther.

Did Sargesson say any thing at the public house that you recollect? - No, Sir.

He did not tell the prosecutor, why you are a bad man, you broke it yourself, or any thing of that kind? - No, Sir.

Did the prosecutor, at the public house, charge the prisoner with having taken his chain? - He did, and Sargesson said nothing to it; I was at the Castle the last day; but I cannot recollect whether the prosecutor was called out by any body or not.

Prosecutor. I came home the 21st of August; I bought the watch chain and key since I came home, because the watch I had when I was in the kingdom before; then I took it out of the kingdom.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17861025-104

862. JOHN GOSS was indicted for feloniously stealing, on the 15th of September , one muslin handkerchief, value 10 d. the property of James Langdale .

JAMES LANGDALE sworn.

I live on Ludgate-hill; on Friday the 15th of September, about eight in the evening, I was going up Holborn , near Staples Inn; I cried stop thief, having missed my handkerchief; it was an English muslin handkerchief; I missed it in a moment; I saw it in his hand.

- ARCHIBALD sworn.

My Lord, I was coming down Holborn, about eight o'clock; I was about two yards off the pavement; I saw Mr. Langdale, and I saw the prisoner put his hand in Mr. Langdale's pocket, and pull out the handkerchief; I immediately seized the prisoner by the hand in which he had the handkerchief; I seized him with some violence, and we both came to the ground together, but I never let go the handkerchief; I called the prosecutor, and he claimed the handkerchief.

Jury. Did you see him pick the pocket? - I did.

JOHN JULIAN sworn.

I rent part of a house in Houghton-street, Clare-market; I am a carpenter.

What is the prisoner? - He is a carpenter ; I have known him three years; he works with his father; he worked along

side me three quarters of a year; he always bore a good character.

William Goss . I am his father.

Court. I cannot ask you any questions.

GUILTY .

Publickly Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17861025-105

863. JAMES BUSKIN was indicted for feloniously stealing, on the 9th day of October last, one silk and cotton handkerchief, value 1 s. the property of James Moore .

JAMES MOORE sworn.

I live in Houghland-street, Tottenham-court-road; I lost a Barcelona handkerchief, on Monday, the 9th day of this month, between three and four o'clock, going up Holborn , on the left side, near the church, I thought I felt some body at my pocket; I found nothing missing; I was not sure I had lost any thing; I buttoned up my pocket to prevent his taking it; I observed the prisoner following, but I am not sure it is the prisoner, I believe it is; I had not gone far, when I heard the cry of stop thief; and Scott held up the handkerchief, and told me my pocket was picked; it was a handkerchief of my wife's, and the only one I had of the kind; I believe it to be mine; I found I had lost one; I had the handkerchief about a week; I will not swear I had it that morning; I went into a stationer's shop, and gave my name.

ALEXANDER SCOTT sworn.

I am engine keeper of St. Andrew's, Holborn; at half past two, on Monday, the 9th, I saw the prisoner with his right-hand, take the handkerchief out of Mr. Moore's pocket; I am sure of the prisoner; I saw him throw the handkerchief away.

JAMES SCOTT sworn.

I was walking with my brother, and saw the prisoner pick Mr. Moore's pocket; I took him into custody; the last witness had the handkerchief.

PRISONER's DEFENCE.

I was going up Holborn, and two more young fellows just behind me, and immediately that gentleman halloo'd out, that man has picked the man's pocket; and he crossed the way immediately, and laid hold of me; says I, what do you want with me; says he, you have picked the gentleman's pocket; he picked up the handkerchief off the ground; and he said I threw it into the apple-basket, or apple-stall that was there.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17861025-106

864. MATTHEW HUNT was indicted for burglariously breaking and entering the dwelling house of John Parsons , about the hour of seven in the night, on the 28th day of September last, and burglariously stealing therein a man's hat, value 6 s. a pair of breechees, value 1 s. a coat, value 20 s. a waistcoat, value 2 s. five pair of hose, value 8 s. two handkerchiefs, value 2 s. a pocket-book, value 3 d. the property of Richard Akam , in his dwelling house .

RICHARD AKAM sworn.

I belong to Mr. John Parsons , at the Bull, on Holborn-hill ; I am ostler ; my lodging-room is joining the warehouse in the yard; my door was broke open, on the 28th day of September, about seven in the evening; I saw the wainscoting broke through the lost; and my chest was broke open; the things I lost are here; I have seen the prisoner before.

JANE SCANDERFIELD sworn.

I saw Robert Hunt in the yard, about eight o'clock in the evening; and he came out with a bundle under his arm, with

two hats on his head; I sit at the door with oysters; he went down Holborn-hill; I do not know what he had; I mistrusted he had something that did nor belong to him.

RICHARD YOUNGER sworn.

Upon the information of the last witness, I went in pursuit after him, and found him at the Fleet-market, with the bundle under his arm, and two hats on his head; he made several plunges to get from me, but I told him it was of no use; I took him back to the Bull Inn; and the prosecutor swore to the hat.

(The constable produced the things, which were deposed to by the prosecutor.)

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

Transported for seven years .

Reference Number: t17861025-107

865. DAVID STEWART was indicted for feloniously stealing, on the 1st day of June , one cotton gown, value 10 s. three yards of linen, value 4 s. one handkerchief, value 4 s. the property of Ann Lawrence .

ANN LAWRENCE sworn.

I am in service; I live now with Mr. Green; I have lived with him ten weeks, but I am going to leave him.

Did you live with him as a servant ? - Yes; I took a hackney coach sometime back, but it is a long while ago; I cannot recollect how long, it is two sessions ago; the coachman addressed himself to me as a countryman, and he asked me to drink a glass of ale; he said, he knew the house, and I went in with him; and while I was in the house with him, he got acquainted with that unfortunate man at the bar; I was going to Charing-cross, to see a young woman that was going into the country.

What time of night was it? - It was half past ten at night; I do not know who the coachman was; I was quite a stranger in London; the prisoner got sociated with the coachman, while I was in the house; we staid half an hour, or a quarter of an hour in the house; I got into the coach; the blinds were up; and the prisoner got on the box with the coachman, and they drove out of town in a strange land; then this young man and the coachman came to the door, and bid me get out, for there were some ladies that wanted to go into the coach; I said I would not get out if the King was there; I said, I hoped they would take me a little nearer the place I was going to; this young man came to me, and said his name was John Smith , and I need not not be frightened, for he lived in the Strand; when they took me a little further, the coachman said, will you get out, if any body else comes in, you shall ride on the box; I got on, and they said it was not high my part of the town; but the coachman said they were going that way, and then they drove me out of town, another strange road; but I do not know the name of the road; I have been greatly censured in my character, and I have a right to stick up for my character as well as my property; my sister is tied up in service, or she would have appeared here; when I got out of the coach, I said I would enquire the way home; I had the bundle in my hand; the coachman said he would hold it, and he whipped it into the boot; and this young man set on the coach-box, and they went away with it; there was a black pursued the coach; I do not know him; I said, God bless you black, run after that coach, they have robbed me of my bundle.

What was in your bundle? - The things mentioned in the indictment.

Are you sure this is the man that was with the coachman? - I am sure of it.

Court. Did you tell the company that were in the coach, how they had used you? - They went on; the prisoner had told me his name was John Smith , and that he lived in Exeter-change, the second time they carried me in the coach to the other end of the town.

Mr. Garrow, Prisoner's Counsel. This strange road that you went to is Vauxhall-gardens, was not it? - No, your worship; the company were taken up on the road on some road.

After you had drank together, you and the coachman went into the coach out of town some where? - No.

Do you mean to swear that? - Yes, I rode all alone to Charing cross.

Was it at Charing-cross that the coachman got in? - No.

At what time did the coachman get into the coach, and shut up the blinds? - The blinds were shut up.

What time was it that the coachman got in? - It was the latter end of the night, which I suppose to be three o'clock.

You know you were together about seven hours? - More than ever I was out in my life; it was ten o'clock when I first set off, we were half an hour drinking a glass of ale; I lived at that time in Denmark-court, No. 14.

Now you live on Saffron-hill? - Yes.

How came you to take this coach at this time of night? - I was going to see a young woman named Elizabeth Davis , that was going out of town at three; but if I had been going on business of more consequence, that villain would have prevented me.

How many pints of ale did you drink together? - I drank a glass of ale, but if I had got quite drunk, it is no reason I should be robbed of my property.

By the time you parted in the morning, I believe you was pretty drunk? - I defy them to say so that I was drunk, or yet to say that they can disprove me, whether I am man or woman.

How many fares were taken up, and how often did you ride on the outside of the coach? - They took up two fares, and the prisoner was behind.

First you went out of town? - Yes, but they broke my command; I am not drunk now, I am rather confused at you; I wish to be as partial to the prisoner as any one, and to them all; I do not wish to be severe to any, and I pity the unfortunate, but I have been cruelly treated; I leave it to the Judge of the Court.

Where did you first find this man? - He was first taken by one Lucas; he was taken the Sunday after.

How often have you taken him up, and how often has he been discharged? - Once he was taken up by the constable before he was brought to justice; a second time he was taken up and brought before Mr. Justice Croft, then he was set at liberty; and after that he was taken up and discharged, at last he was committed.

Upon your oath did not you swear that this young man's brother was the person? - No.

Have you never had him in custody for this offence? - No, I never had him in custody; I gave him a challenge of it, and he went and charged the watch with me; I accused one brother in order to bring the other brother before me.

Did not you positively swear to that brother before the magistrate? - No; he was not carried before any Justice, I went at the hour they ordered me, and he never came.

Court. After you was used in this manner, who did you go to the next morning? - To the same place where I lived before, in Denmark Court, No. 14; I lodged with a woman that lives on the second floor; Mrs. Holmes keeps the whole; I was with her taking care of her child.

How came you by the bundle? - I had been out that evening a visiting in Mincing-lane, No. 25. I took the bundle out with me to work; the gown was half made and half unmade.

Who was that young woman you was going to see? - Elizabeth Davis her name was, she was going down to Shrewsbury.

Is the person here where you lodged? - No; she is a genteel person, and would be rather confused.

Who did you make your complaint to the next day? - To that person I lived with, and I asked her if there was not one

John Smith lived in Exeter-change, and she told me no.

After this young man was discharged so often, who advised you to get him committed? - Justice Croft told me to go to Hicks's-hall on the morrow, and I should get an indictment.

I fancy the Justice told you he would not commit him, but you might go and indict him the next day? - He did not say whether he would commit him or not; I was wilfully robbed, and that is the man that did it.

Mr. Garrow. Did not the prisoner go with you and Lucas every where to endeavour to find the coachman? - He went to one master coachman.

During the whole time this young man was with you going about to find out the coachman, did you pretend he knew any thing about your bundle? - Yes, I told Lucas he had the bundle.

Court. Is Lucas here? - Yes.

Do you call him as a witness? - No.

EDWARD LUCAS sworn.

I am a constable; I was applied to by this young woman about her bundle; I think it was some time in August, or the latter end of July; she came to me and told me she had been robbed; she then mentioned the prisoner, she said the prisoner could tell me all about it, one of the coachmen had cheated her of her bundle; I went down with her into the Strand, this young man was in the public house; she found him out; I understood she had been there before; she took me directly to him, when we came there I called him out, and asked him about the matter, and he said he was the person that was upon the coach-box; that the coachman and she were together in the coach, and he believed they had connections, or something of that fort, and he should be very glad to go with me any where to apprehend the coachman if I thought it was a robbery; he went with me to different parts of the town; we did not find the coachman; she then said, as you cannot find the coachman, I insist on your taking this man up; the man came several times to the office, she applied for a warrant, the magistrate refused it, it was Justices Clark and Walker; I do not believe the prisoner had ever been in custody above twice; there was a warrant granted once or twice, and the magistrates discharged him.

Do you know any thing of the brother of this young man being in custody? - Yes, one morning; as far as I can recollect, she stopped him somewhere in the street, the watch was charged to take him into custody; I believe he was in custody all night, and the next morning the young man was brought up, and she never appeared; he was discharged.

Have you ever enquired how this young woman gets her living? - Some say she's out of her mind; the magistrates thought so however.

JOHN BEAMISH sworn.

I am another officer; I have heard the account of Lucas, it is true, I was present all the time.

JOHN STEWART sworn.

I am brother to the prisoner; I was coming from Bagnigge Wells in the evening, and I went into a public house and called for a pint of beer; this woman was sitting in a box where there was a light, I went to sit in another box, says she to me give me that bundle; says I, what bundle? says she, the bundle you stole from me; says I, will you swear that? yes, says she; she said I was the person, and she said that she gave the gown to the coachman; the next morning I went to Justice Walker's, she never appeared at all; I was surprised when she spoke to me, I was a stranger to her; she was alone.

The prisoner called one witness to his character.

NOT GUILTY .

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

Reference Number: t17861025-108

866. SALLY SEAL was indicted for feloniously stealing, on the 14th day of October , one metal watch, value 20 s. one steel chain, value 6 d. a stone seal, value 2 d. a key, value 1 d. the property of William Kennell , privily from his person .

WILLIAM KENNELL sworn.

I belong to the General post-office ; I was rather in liquor; I was going up Air-street, Piccadilly , about eleven at night; and I went into a hotel in Air-street; I went into the first floor, and the prisoner was introduced into my company; she wanted me to stop all night with her; I told her I must go home; at last I told her, I would go home, and see whether our people were gone to bed, and I would come back; when I got two or three yards I missed my watch; I am almost sure I had it when I went in; I went back and asked her if she knew any thing of it; and she said, no; I took her to the watch-house.

Had you been with any other woman? - Not that I know of.

Had any familiarities passed between you and her? - Yes.

ROBERT WYNNE sworn.

The prisoner was brought to me to the watch-house; I am keeper; she told me to go into the yard of the hotel, and look under the cistern, and I should find the watch covered over with some bricks; I went with the constable and found it there.

(The watch produced and deposed to.)

PRISONER's DEFENCE.

I was not willing to resign the watch till he had satisfied me for the time he had been with me; he used me in a very ungenteel manner, he left his watch on the sofa; I had been in company with him about three weeks before at a house in the Hay-market, and he behaved in the same unpolite manner; and it was merely out of resentment that I kept it.

What do you mean by unpolite behaviour, not giving you any thing? - Yes.

Court to Prosecutor. You meant to come back to her? - Yes.

Had you given h er any money? - No.

Do you happen to know or recollect that you laid your watch down? - I was in liquor, and did not know what I did, perhaps I might.

Had you any money in your pocket? - Yes.

Was your money all left? - Yes.

Prisoner. I have sent for my friends, but they are not come yet.

Prosecutor. To the best of my knowledge I never saw the young woman before in my life.

NOT GUILTY .

Court to Prosecutor. The best use you can make of the event of to-day, is to keep yourself sober, and you will keep yourself out of these sort of scrapes; you lose your property, injure your health, and ruin your character too.

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

Reference Number: t17861025-109

867. JAMES HOWSON was indicted for feloniously stealing, on the 15th day of October , one silver watch, value 40 s. a chain, value 2 d. a seal, value 2 d. a key, value 1 d. the property of Benjamin Coombes .

BENJAMIN COOMBES sworn.

I am a carpenter ; I lost my watch on Sunday was se'night, from one Buer's in Chandos-street ; the prisoner did take my watch; I went into Duke's-court in the morning and had a pint of purl, and from that time we went home to my lodgings, there he sent for a quartern of gin; I drank one glass and he another, and the landlord another; then he asked me to go to bowls, and I sit down on the bench, and laid my head down on the table.

You was in liquor I suppose? - No, he asked me what o'clock it was; I did not make him any answer; he took the

watch out of my pocket, and went off with it, between eleven and twelve at noon.

How soon did he go off? - In about twenty minutes, or it might be less.

How came you to let him go off with your watch? - I thought he would give it me again; he lodged in Little Moore's-yard; the same place that I do; I went home the night I lost my watch, but he did not come that night; I found him at home, and in bed; I asked him for my watch he had taken out of my pocket; he said, he had no such thing; I asked him twice whether he would deliver up the watch he had taken from me; he said, he did not know any thing at all about it; I took him to the watch-house; I never got my watch again.

Do you say you was not in liquor? - No, I was very bad in my head.

MARY SILCOCK sworn.

I have known the prisoner eight years since the Westminster association, he asked me a little trifle for rent; I went to him and asked him to settle it; he told me he would be with me on Saturday night or Sunday; on the Sunday evening he came between four and five; he was very much toxicated in liquor; says he, I cannot pay you, then says he, I am doing very well, I have got my watch out of pawn; and he had a silver watch in his hand; I knew him eight years ago to have a watch; he went away; I thought this was the prisoner's watch; I never knew the prisoner guilty of any improper action; he is a hard working industrious man.

Prisoner. I knew nothing at all about the matter till I was challenged about it on Monday night to my knowledge; I have not had a watch for some weeks; I have worked hard upon the spot seven or eight years; I never saw any watch; if I had been guilty of such a thing as this, many favourable opportunities would have happened; I had no watch to my knowledge.

NOT GUILTY .

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

Reference Number: t17861025-110

868. GEORGE FLATHER was indicted for feloniously assaulting Barnard Holbrook , Esq . on the King's highway, on the 19th of September , 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 five shillings in monies numbered, his property .

BARNARD HOLBROOK , Esq. sworn.

I live at the Grove-house, in the parish of Ealing; on the 19th of September last, I was robbed, about a quarter or half after seven in the evening; I was coming from London, between the Princess Amelia's at Gunnersbury-house and Little Ealing ; a man passed my carriage and rode up to my servant, and ordered him to stop; mine is a post chariot and the box takes off; the servant was on the horse; he immediately stopped; at the same instant another man came up on the other side of the carriage, and one or both of them said, down with your glasses immediately; I put down my glass, and I believe my wife put down the glass on her side also; the man on my side asked me for my money; I immediately gave him all I had in my pocket, which was not less than five shillings, nor more than seven shillings; I took notice the man stroked it over his hand, says he, you have more; I told him, I had not, upon my honour; Sir, says he, you have a watch, give me your watch; I had dropped my watch down into the pocket of the carriage; I immediately jumped out of the carriage; almost under the horse's nose; the man backed his horse, and the other man called out from the other side of the carriage, Sir, get into your carriage immediately, or by God, I will blow your brains out, over and over, and over again; I cannot swear to the persons of either of the men, excepting that the voice of the man at the bar is exceedingly like one of the men; I sent my servant to Bow street the next morning to acquaint them of the robbery, and they sent for me about five or six days

ago, about a month afterwards, and the prisoner was brought up.

Court. You went to the office in expectation of seeing some man there that had robbed you? - Yes, my servant said, he knew the man, and I went in expectation of seeing somebody that my servant should know.

When you went in were there many people in the room? - Not more than six or eight, I suppose.

Was the prisoner the first man that was fetched when you went in? - Yes, as soon as I came in, Mr. Bond sent for him immediately.

When the prisoner was fetched, was he shewn to you as a person that was under a suspicion of robbing you, or did you make any observation of him? - When the prisoner was brought, Mr. Bond asked me if I knew that man; I said, I did not, for I did not know the men that robbed me; and I immediately said, I am upon oath Mr. Bond, to speak the whole truth, the man's voice exceedingly corresponds with the voice of the man that ordered me to get into my carriage again.

Did you make any observations besides the voice? - Not the least; only the man that was on that side, was a very tall man.

How was it as to the light at that time? - It was not sufficiently light for me to distinguish exactly the colours; I could see white from black, but I suppose, I could not distinguish blue from black; all the recollection I have, I think the man on that side, when he turned round he appeared to have lightish clothes, but I cannot say with certainty; I took particular notice he was very tall; as to the faces of either of them I cannot tell; I do not think either of them were muffled; but I cannot be positive; nothing has been found; it was only money, and there was nothing singular about it; we drank tea in London, and left town about six, and we jugged on about five miles, or five miles and an half; we came from Moorfields in order to avoid the stones of the city; we went through Paddington.

Mr. Silvester, Prisoner's Counsel. If I understand you right, it was so dark that you could not distinguish colours? - Not sufficiently.

You made no observation at all on the person? - No, only that he was a very tall man.

THOMAS GUNNING sworn.

I am a servant to Mr. Holbrook; my master was robbed of a Tuesday night about a month ago; about half after seven as nigh as I can guess; I was driving the chaise; he came up and said, stop, post-boy, stop, or I will blow your brains out.

Who came up? - A tall thin young fellow, in light coloured clothes, with a long face.

Should you know him again? - I believe I should.

Is the prisoner the person? - I believe that is the person.

Do you believe the prisoner to be the man? - I believe him to be the man; I am sure he is the man.

Why did not you say so at first? - I am sure he is the man.

Is it by looking at him that makes you sure? - I am sure he is the man; I took particular notice of him at the time of the robbery; the prisoner at the bar came up and said, stop post-boy, stop immediately, or I will blow your brains out; I stopped immediately; he was close to me; he came from behind; he was of the near side of me; he turned back and demanded the money; your money, says he; he did not demand my money; I am a servant; he demanded my master's money; he went on the near side of the carriage where my mistress was; the prisoner was not the person that went to my master.

Do you know whether your mistress gave him any money? - I cannot say; I heard none pass between them.

What passed after this? did he do any thing after this? - No, he swore at them

that were in the carriage before the glasses were let down; he said, let the glasses down, or I will blow your brains out; my master got out of it, and said, if they were gentlemen, to behave as gentlemen, as they had got his money; he told him to get into the chariot again, or else he would blow his brains out.

Which of them said so? - I cannot say, they both said they would blow his brains out, if he did not get into the carriage.

Are you sure they both said so, or only one of them? - They both said so; I am sure of that.

Was the tall man on the side of the carriage with your master, or on the other side? - He was on my side.

Did they both speak together? - Very near together, but I cannot say which spoke first.

Did they both speak to you at the time you stopped? - Only one, that was him that was on my side, that was the prisoner.

Then at any one time, did you hear his voice alone? - I heard his voice then, that was the only time, the other was not speaking then.

When you went to the magistrates with your master, did you go in expectation of seeing the man that robbed your master? - When I first saw the prisoner, he was brought into the room.

Was you asked if that was the man? - Yes; I said, I believed he was the person by his voice, and by his complxeion.

Was there light enough to see his complexion at the time of the robbery? - Yes, he was close to me; he partly touched me; he had no disguise in the least; he rode up to me; I knew him by his voice, and by his long thin face, and his dress.

What had the man you saw in Bow-street the same dress on? - Yes.

What dress had he on? - A light coloured coat, a cocked up hat, and his hair tied behind; when I saw him at Bow-street, he appeared in the same way.

Had he a cocked up hat? - Yes.

Considering the situation in which he which he stands, his life depending on your evidence, can you safely swear, what you have sworn already, that you have no doubt but he is the man? - I have no doubt but he is the man.

You will swear that positively? - Yes.

Mr. Silvester. How long have you been coachman to my friend Mr. Holbrook? - About four months.

You knew the prisoner perfectly well before the robbery? - No, Sir.

What do you mean by complexion? - I know him in every respect.

But explain what you mean by complexion? - His complexion, and his height, and his thinness, and his dress, and his voice.

The man that robbed you, you never saw before; and you never saw him till a month afterwards? - It was very nigh a month.

You knew before you got there, that you was to see a man that was charged with robbing you master? - I did not mind any thing about that.

But you was told to drive your master to see the man that robbed him? - Yes.

And you had talked of this robbery to your companions, and says you, or says they, if we can convict him, there is forty pounds? - No, Sir.

You never heard of forty pounds? you will swear that upon your oath? - I have heard of it, but never heard any thing about my having the forty pounds; I heard there was forty pounds for somebody.

Court. When did you first hear that? - A long while ago.

Before you went to Bow-street? - Yes.

Did not you expect some share of it? - No, Sir.

Mr. Silvester. Who was to have the forty pounds? - I cannot say, I never inquired about it.

Do not you expect some of it? - No, nor desire any.

Who did you understand was to have the forty pounds, upon your oath? - I

did not understand who in particular was to have the forty pounds one way or the other; I did not know the witnesses was to have any thing; I cannot say who was to have any of it; I never enquired about it; I never heard in discourse who was to have it.

How long have you lived near London? - Not a quarter of a year.

Upon your oath, have not your fellow servants told you, it would be a good thing to put a part of this money in your pocket? - No, Sir.

Did nobody say any thing about it at Bow-street? - Nobody said any thing about it at all.

You never heard you was to have a part of it? - No.

How came you to say it was light enough to distinguish? - It was light enough.

Is not your master a man of character? - Yes.

He says it was not light enough? - He could not see so well as me.

Your master was out of the chariot? - Yes.

And he says it was dark? - I could distinguish clear.

Now as to voice what was there particular in the man's voice? - Like the person's that is at the bar.

How is his voice different from mine? - He does not speak like you; he came up to me in a good humour.

How came you at first to say, I believe he is the man, two or three times, and then afterwards mend your evidence; was not you told to plump it now? - Yes, Sir.

Court. Did you understand the counsel just now? - No.

Do you know what is meant by plumping it? - No, Sir.

Did any body tell you to say any thing about it? - No, Sir, neither in Court, nor out of Court.

Have you ever had any conversation with any person desiring you to give any account of this business? - No.

Mr. Silvester. Could you swear to my voice to morrow, if you was to hear it? - I do not know.

You would forget it to-morrow, should you? - No, I do not think I should.

You would swear to my voice to-morrow? - Yes, if you spoke as you do now.

THOMAS CARPMEAL sworn.

I am an officer of Bow-street; I received a private information against the prisoner, and I apprehended him on Thursday last; I know nothing of the robbery.