Old Bailey Proceedings, 10th January 1787.
Reference Number: 17870110
Reference Number: f17870110-1

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 10th of JANUARY, 1787, and the following Days;

Being the SECOND SESSION in the Mayoralty of The Right Honourable Thomas Sainsbury , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER II. PART III.

LONDON:

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

MDCCLXXXVII.

THE WHOLE PROCEEDINGS UPON THE

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

Reference Number: t17870110-1

159. ELIZABETH CRIMES was indicted for feloniously stealing, on the 6th day of January , one clasp knife, with two blades, value 6 d. half a guinea, and five shillings , the property of John Wright .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870110-2

160. BENJAMIN FANSHAWE was indicted for feloniously stealing, on the 23d day of December last, a hat, value 1 s. a pair of breeches, value 1 s. and divers other things , the property of Richard Buckley .

GUILTY, 10 d.

Imprisoned six months .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870110-3

161. FRANCIS SANDERS was indicted for returning from transportation, and being at large, on the 8th of November , without any lawful cause , against the statute.

JAMES FAGAN sworn.

On the 8th of November last, I saw the prisoner in his lodgings, playing at cards, at No. 15, in Church-lane ; he has been in custody ever since. This is a copy of the record of the conviction, which I had from Mr. Shelton.

(Read and examined by Mr. Silvester.)

WILLIAM DAVIS sworn.

I was with James Fagan .

JOHN OWEN sworn.

I know the prisoner; he was tried in September, 1785, for stealing a white counterpane, the property of Mr. Hill; am sure he is the same man; I was present when he was ordered to be transported.

PRISONER's DEFENCE.

Before my time was expired, I fell into a sickness for two months, and I had a pardon on condition of transporting myself.

Owen. He had a pardon on condition

of transporting himself; he was discharged the beginning of March.

Court. The pardon should have been in Court that we might see the time limited.

Owen. It was in twenty days.

Court. We cannot take parol evidence of that.

Court to Prisoner. How came you not to go abroad? - My Lord, sickness prevented me for very near two months; I have people to prove that, but I do not know whether they are come or not.

(Called but did not answer.)

Court to Fagan. At whose house did he lodge? - At Mr. Gregg's, No. 15.

Prisoner. I did not expect to be tried to day.

How long did you continue sick? - Near two months, and afterwards it was want of money prevented me.

Court to Jury. Gentlemen, the single question for you to determine is, whether this man is the same man that was tried at the time stated in the indictment, which was September, 1785, and received sentence of transportation, and whether he was at large within the kingdom without any lawful cause within that time; now it is proved, that he is the same man that was tried, and received such sentence, and it is proved that he was apprehended at large before the expiration of that term; now the cause that he himself alledges, does not go to an absolute defence, even if his witnesses were here to prove it; therefore if you believe these witnesses, it proves him guilty of the charge.

Jury. We wish to know whether he was ill down to the time he was to transport himself.

Court. It is clear no sickness would amount to an acquittal, except such as clearly rendered it impossible: now he himself states that he was ill two months; he was discharged in March, and apprehended in November.

GUILTY, Death .

He was humbly recommended to mercy by the Jury .

Court. There will be an opportunity of enquiring into the truth of the fact, for the information of his Majesty.

Court to Prisoner. If you have any body to account for your being found at large, though it would not amount to a defence here, yet it may be stated in a petition to the King your Sovereign.

Tried by the first Middlesex Jury before before Mr. RECORDER.

Reference Number: t17870110-4

162. JOSEPH CRAWLEY was indicted for feloniously assaulting James Williamson , on the King's highway, on the 9th day of November , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one guinea, two half crowns, and five shillings in monies numbered, his property .

JAMES WILLIAMSON sworn.

About one in the morning, going through Rider's-court, Leicester-fields , three men passed me in the angular corner of the court; on a sudden, they turned round and surrounded me; one of them clapped a a pistol to my head, and demanded my money or my life; I desired them not to use me ill, and they should have it, upon which one of them said, d - n your eyes, you dog, hold your tongue, if you say a word, I will blow your brains out; I gave them two half crown pieces, and two shillings; the prisoner demanded my watch, I told him I had none; he searched for it, and I had none; the prisoner said, d - n his eyes he has more money, upon which I took the remainder of my money out of my pocket, which was a guinea, and three shillings, and they took it from me; the prisoner said, d - n his eyes frisk him; they then asked what I had in my coat pocket, I told them nothing; they told me to go about my business; I was going as they desired; they said d - n you, you

shall not go that way, go the other; I went as they desired, and was turning round to see if they were gone, and I saw the third person standing behind me, he followed me up the court after I turned about to see if they were gone; and he said, d - n you, you dog, run, sherry, or I will blow your brains out; I was going from Drury-lane, to my home, between the top of Princes-street, and Rathbone-place, Oxford-road; I had been spending my evening in Drury-lane.

Court. This was one o'clock in the morning in a narrow passage? - Yes.

Was it light enough for you to see, and distinguish faces in that passage? - I believe my Lord, as near as I can remember, the moon was at the full, it was as light as day, it was perfectly light.

Could you see perfectly? - Yes.

Did you know the prisoner before? - Not to my knowledge.

How long was it they were robbing you? - About two minutes, as nigh as I can tell.

Which was it that produced the pistol? - The prisoner stood in front with the pistol; he was sometimes on my right hand, and sometimes in front.

Who was it that said to you, d - n your eyes, hold your tongue, was it the prisoner? - This man did not swear at me, he only told me to hold my tongue; the man that swore at me, his name is Brown, he was tried here last sessions.

When did you see any of these people again? - Brown was the man that clapped the pistol to my head.

Who was the third man? - He was taken and admitted an evidence of the crown.

What was his name? - His name is Couzens.

Could you pretend to say from just seeing that man for two minutes with a pistol in his hand, and he and others threatening you with destruction at the time, in a narrow alley, by the light of the moon, can you take upon you to swear to that man's face? - I am positive sure to the man's face; I looked him directly in the face; I could distinguish the colour of a blue coat from a green coat; I had my senses so much about me, and it was so perfectly light.

Was not you frightened? - I was a little frightened.

What did you do in consequence of this robbery? - I immediately after they robbed me, alarmed the watchman; I went to Bow-street, and asked after the people, and gave a description of the men at the Brown Bear.

When did you see the prisoner? - I believe it was last Saturday week in the morning.

Where did you then see him? - At Justice Hyde's.

I suppose he was taken up upon the information that you and Couzens had given? - I believe he was.

Couzens was in custody then? - Yes.

Do you know which of the three it was that clapped a pistol to your head, and that said they would have your money or your life? - That was Brown that was tried last session.

Then Brown and the person whom you take to be the prisoner, had both pistols? - Yes.

What dress had the prisoner on? - A brown coat on.

Had he any surtoot coat on? - No, the third man, that is Couzens, he had a light coloured great coat on.

When you went to Justice Hyde's, did you see this man among a number of people, or was he pointed out? - He was brought to the bar, and I was asked if I knew him.

Do you now upon your oath say that he is the man? - Yes, I knew the man again.

Prisoner. Last session, the gentleman had one man cast for the sake of the reward, and the man that is the evidence now, he knows very well within his own breast, that I am not the person that was concerned in the robbery, and that gentleman has perjured himself in swearing to me.

WILLIAM COUZENS sworn.

On November 9th, me and the prisoner Crawley and James Brown stood at the corner of Ryder's-court, and Brown saw a gentleman coming down Newport-street; he stood at the corner, and he said here comes a swell, as soon as he came a little nearer the court, we walked down the court, and as we walked down, Brown turned his head round, and he d - ned his eyes, here he comes, says he, we will have him at this nook; when we got down as low as the nook, we all made a pretence to walk back again up the court; Brown, all of a sudden turns round, and catched hold of Mr. Williamson, and he says d - n your eyes, your money or your life; Mr. Williamson says, gentlemen, do not use me ill, and I will give you all I have, upon which he put his hand in his pocket, and gave him some silver; the prisoner Crawley makes him for answer, d - n you, where is your watch? Mr. Williamson said, he had none; says the prisoner Crawley, d - n his eyes frisk him, he has more money.

What did he mean by frisking him? - I believe the meaning is searching him; with that James Brown was going to put his hand in his pocket; Williamson makes him for answer, stop, says he, I will give you all I have got; with that he put his hand in his pocket, and gave him a guinea and some more silver; then we told him to go about his business; he was going down the court, and we stopped him going that way; we would not let him; we bid him go down that way; we all three said he should not go that way.

Why did you say so? - I do not know what was the reason for preventing him; I told him he should not go that way, because they said so; I had no reason.

Then it was mere wantonness? - That was all; I believe I followed with a pistol in my hand, and told him to go along, or I would blow his brains out.

How long after was it before you was taken up? - I was taken in a quarter of an hour after, by Torrington and M'Kenzie, two patrols, they stopped me, and let the other two pass.

Where were you carried? - I was carried to St. Martin's watch-house.

How came they to let the other two pass, do you know? - I do not know; the patrols were up a court; the other two men were twenty yards before me; and the patrol came out of the court just as I came past; I was carried that morning before Justice Hyde; I never saw the other men but three days before we went out together that night.

Prisoner. The prosecutor said, I made use of no oaths to him; that man said just now, that I d - nd his eyes, and said, frisk him.

CHARLES YOUNG sworn.

I took the prisoner at the Plough in Newport-street; he had this stick with him. (Produces a stick loaded with lead.) I was in company with Mumford.

- MUMFORD sworn.

I took this knife out of his pocket.

(Produces a large clasp knife.)

PRISONER's DEFENCE.

I have sent a letter into Hertfordshire for two men that were my witnesses; they kept a butcher's shop in Marybone-lane; they know, that on the 7th, 8th, 9th, 10th, and 11th I was ill at home, and could not go out; I put my trial off on that account; I had no answer; I have no witnesses here at all; I am not the person that the man says; I was never in his company but once in all my life, and that was but one hour; he called upon a young man that was a sailor, an acquaintance of mine; the young man called me by my name; I never saw him since, till I saw him at the Justice's; he has done it on purpose to save his own life.

Court to Williamson. What business do you follow? - Coach painting .

GUILTY , Death .

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

Reference Number: t17870110-5

163. THOMAS GLAVES (together with WILLIAM ALLEN ) was indicted for feloniously assaulting John M'Donald on the king's highway, on the 11th of November last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one red morocco pocket book, value 12 d. and a man's hat, value 3 s. his property .

JOHN M'DONALD sworn.

On the 11th of November, I went to see the Princess Amelia's funeral; after the funeral went into the abbey , I got on a coach wheel to get out of the press; the prisoner and two more came behind me and pulled me down, and gave me a violent blow on the mouth; the three were so close together, I cannot say which it was that struck me; one of them took my hat off, which immediately disappeared; they took my pocket book; then they squeezed me up against the coach, and the prisoner unbuttoned my trowsers, and put his hand into my breeches pocket; they asked him if he had got it; and he said, no; they bid him feel again; which he did; but I had no money; I did not venture to call out for assistance, for fear of their associates; they then went off; and I followed them; the prisoner said to his companions, d - n his eyes, he means to hobble us, let us do him; I could not see any constable; I was afraid to speak to any other person; the whole three then turned round upon me, and one of them, who has never been taken since, turned and said, d - n, your eyes, if you follow any further, we will knock you down; I pursued the prisoner quite close, and immediately the officer came to my assistance, and took him dodging under the coaches from me; they took him into a public house, and he was searched, but he had none of the property about him; he was then taken away in a coach; several came to rescue him; and on the Monday morning following he broke out of the watch-house; I went with two officers into the Borough, and found where he lived; his mother came with a character from somebody that morning when he was in the watch-house to the officer; we found he lived in Sun-yard, in Long-lane; and on Friday afternoon he was taken at the sign of the Sun in Long-lane; that was six weeks after.

Are you sure this is the same man that was taken up that night before, and that he is one of those that robbed you? - Yes, I am sure.

Have you any doubt of his person - No doubt at all, for there were a great many in the house, and I went in by myself, and took him, immediately; and the constable came in to my assistance.

You are quite clear he is the same person? - I am sure he is the same person.

Your pocket book was never found? - No.

JACOB FREEMAN sworn.

On the 11th of November last, the night the Princess Amelia was buried, I and two more officers went down to Westminster, to see if we could see any people that we wanted; and just as we got to the turning from New to Old Palace-yard, after the funeral was gone in, we heard the cry of stop thief! I ran and saw the prisoner running very hastily, and the prosecutor almost close to his heels; he ran under a coach, and I ran to meet him, I laid hold of him, and the rest of the officers then came up, and laid hold of him likewise; I am sure he was the man that the prosecutor was in pursuit of; I pursued him under three or four coaches.

Court to Prosecutor. Did you ever lose sight of him till he was stopped by the officer? - Yes; I lost sight of the prisoner, and kept sight of Allen; I had lost sight of him before the officer pursued him, for five minutes; then they called out, Bill, Bill, that was Allen; then I got sight of him again; I never lost sight of him till he was taken; after I pursued him; I am sure he was the man that robbed me.

Court to Freeman. Are you sure he is the same person that you took that night, because he escaped? - Yes, I am sure he is the same person; I did not altogether observe

that in his eye, but I have very little doubt of his being the person, but I cannot say I had so much view of him then, being night; and I delivered him to the other officer.

EDWARD TREADWAY sworn.

I was with Freeman the 11th of November at night, and heard the cry of stop thief just at Palace-yard; we all ran, and Freeman had hold of the prisoner: the prosecutor said, this is the man that knocked me down, and robbed me.

Had you an opportunity of observing him so as to know him again? - I stood by him above half an hour after the coach was fetched.

Are you sure he is the same man? - I have no reason to doubt, I have no doubt at all.

You are quite clear he is? - Yes.

Had you light there sufficient? - Yes.

JOHN BEAMISH sworn.

I know nothing further than what Treadway has told you, I was present at the taking him; I had an opportunity of observing him that night, and I am sure he is the same man, because I had a conversation with him at the watch-house, and he told me where his mother lived.

PRISONER's DEFENCE.

This man only wants to swear my life away; for a soldier heard him say,

"shall

"I say that he took a knife to cut me,

"or else I shall not get the forty;" the man is not here now; this man went to my mistress with whom I was apprentice , and told her, if they came to my character that they would stop them, and make a twelve month's fine of them.

Court. Was there any threats made use of to prevent their attending? - No such thing.

The prisoner's witnesses called but none answered.

GUILTY , Death .

Court to Prisoner. I shall report your case to his Majesty, together with that of your fellow prisoner, who was convicted last session, therefore your fate will be decided sooner than the rest of the convicts of this session.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-6

164. JOHN MARSHALL and JOHN BALL were indicted for feloniously assaulting Mary the wife of John Millard , on the 26th of December , in the king's highway, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, one cloth cloak, value 20 s. his property .

(The witnesses examined separate.)

MARY MILLARD sworn.

I was robbed in Farthing-fields , on the Tuesday after Christmas day, between ten and eleven at night; I had been out spending the evening with my little apprentice girl and my own child, and as I was returning home across Farthing-fields, five young men rushed upon me; two I positively saw plain, and know well; they are the prisoners at the bar; I had known them a great while before; it was an exceeding light night; an body may be judge; I never saw a lighter night; the snow was on the ground which made it very light; John Marshall took hold of me by my throat; he had a knife in his hand, and he drew it across my throat, and said, we want money; Marshall is the farthest young man; I said to him I know you well, spare my life, and I will give you all that I have got.

You said, I know you well? - I did my Lord; it was very bad conduct, but I was frightened; I went to put my hand into my pocket to give them what I had, and the prisoners Marshall and Ball pulled me on the ground.

Did the others do nothing? - They were behind me; I had not the opportunity of seeing where they were; I felt them on me, but I could not personally see them.

You had the opportunity of seeing there were five of them? - I saw five persons when they pulled me on the ground; one held my head down, the others I felt were behind; John Marshall tore my cloak from off me.

Who held your head down? - John Ball ; and as I say, I saw Marshall was the person that carried the cloak from me; I saw him tear it off myself, and carry it over his arm down the place where they first came from, when they first rushed upon me; the rest ran back the other way, the way that I had come; my little girl cried murder, and a man was coming past, and he ran after them but he could not catch them.

Then they did not take your money at all? - Nothing farther, only took my cloak.

How long might this be a passing? - I believe to the best of my knowledge it might be about a minute and a half; it was a very short time.

Had you seen the prisoners before? - I had seen them at a public house.

Did they know you? - They knew me well.

No person passed during the time? - None; I saw five very clear, but I had not an opportunity of seeing the faces of the other three; I saw the faces of these two.

Mr. Garrow, Prisoner Ball's Counsel. I should think from the expression you must be very much frightened, or else you would not have used the expression, you knew them? - I certainly was.

You was more frightened at the knife? - I was more terrified because I knew them.

How old is your little girl? - She was fourteen the 6th of last December; she is my apprentice; I have had her two years.

Prisoner Marshall. Ask her where she spent her evening that evening? - I spent my evening at Limehouse, with my child and apprentice girl.

I suppose he means to ask you whether you have been drinking at all? - I was quite sober.

Court. Did you see any of these people afterwards? - No.

What did you do in consequence of this? - I knew Marshall so well that I went the next morning and had him taken up; I was certain to him.

Was Marshall the only person that you charged then? - Marshall and the other; I did not recollect his name till I saw his face.

Then it was against Marshall and another that you made your charge? - I said at the office that it was Marshall and a man that I knew, but I could not tell his name.

How came Ball to be taken up? - I saw him at the same house, at Jones's, where I always used to see them both together in company; he was taken up at a public house; I said, that was the man. I understand that they have some witnesses that will swear false; therefore I beg you will enquire into their characters.

Mr. Garrow. Are they going to swear about any conversation with you, who is that somebody? - One that has been subpoened, that has been persuaded to swear false, his name is Blagh; I do not see him at present.

Have you had any conversation with this Mr. Blagh about this thing? - No further than I heard him say at a public house, that Marshall's father should desire him to say that I was at his house twenty minutes after eleven o'clock.

Who is Mr. Blagh? - He was at the door just now; as I was going down Gravel-lane after I had been spending the evening, I went past Mr. Blagh's house, Mrs. Blagh said she had had a great loss, she had lost a bushel of apples; I said, I was sorry for it.

ELIZABETH ROBERTS .

Court. What age are you? - Fourteen the 6th of November last.

Do you know the nature of an oath, my little woman? - Yes, Sir.

Do you know what will become of you if you swear safely? - Yes, I shall go to the naughty man if I swear falsely.

ELIZABETH ROBERTS sworn.

I am apprentice to Mrs. Millard; I was with her in Farthing-fields, on the 26th of December.

What happened then, mind you say nothing but what is true and what you remember? - My mistress and me were coming home and five men rushed upon my mistress, one of them said, says he, we wants money, and my mistress said, gentlemen, I know you, only spare my life, and I will give you all I have got; then one of them immediately drew a knife on my mistress, and knocked her down, and he put the knife to her throat, and I ran to some help and to get my mistress up; I screamed and called out murder; the people at the next door came to her assistance; but when they found there was somebody coming they made off; it was a neighbour from where we live that came.

Of these five men that were there none of them offered to meddle with you, did they? - No, Sir, I looked back ever so many times to see if there was any body coming, but they were all upon my mistress.

You was very much frightened, I suppose? - Yes, Sir, I was, when I saw the knife.

You knew nothing of any of them, did you? - No, Sir, I knew nothing of any of them.

Prisoner Marshall. Please to ask the child what was the last place they left before they were robbed? - We came from out of New Gravel-lane; we stopped five minutes at Mr. Blagh's as we came home.

Do you know what time it was? - Between ten and eleven.

Had you been spending the evening there? - No, Sir, at a gentleman's the top of New Gravel-lane.

Mr. Garrow. You was in a great hurry because you was late? - Yes.

Court to Mrs. Millard. Your husband's name is John Millard ? - Yes.

What business is your husband? - A pastry-cook .

Mr. Garrow. What time was this? - It was near upon eleven, it was nearer eleven than ten; I cannot be sure to a minute.

JOHN ORANGE sworn.

On the 27th of December, the prosecutrix came to my house, and informed me she had been robbed by five people, and mentioned the name of Marshall; I went to Mr. Forrester, and we went to this Marshall's house; I knew Marshall; I found him in bed with his mother; I took him out of the bed, and searched him; and found this knife, and a tail which he wears.

(Produced.)

Where did you find the knife? - In his jacket pocket; I took him to the public office; he was committed for further examination; on the 28th in the evening, me and Mr. Forrester took Ball out of the Paviour's Arms, in Shadwell; on searching him, I found this knife upon him.

How came you take Ball? - By the woman's information; she said there were five; she named only Marshall; she described another which proved to be Ball; but she did not know him by name; through her information I took him.

Was Mrs. Millard there when you took Ball? - No, she was with me when I took Marshall; she said, he was one of the men that robbed her; when I took Ball she was at a public office, at Shadwell; I took him merely on her description of him.

Mr. Garrow. These are common bread and cheese knives? - Yes.

I observe you wear false curls, do you pull them off when you go to bed? - Yes.

GEORGE FORRESTER sworn.

The prosecutrix and Mr. Orange came

to my house on the 27th, about nine in the morning; she said, she had been robbed by four or five men in Farthing-fields; and she said two in particular she knew, that used the Paviour's Arms in Shadwell; where I live; she called one by name, and said, the other wore an oil-skin hat; and she knew him when she saw him; she said, one of their names was - (Bless me, I forget the name now) she said, his name was - Marshall; and I enquired for him down Seven Star-alley; he lived about one hundred yards from me; accordingly we went up into a garret, his mother was laying on the floor all in a gore of blood; and he was laying alongside of her with his jacket on; Mr. Orange told him he must get up; he accordingly got up; and Mr. Orange took a knife out of his pocket; I was up in the garret along with Mr. Orange and the prisoner; the mother had been wounded on the shoulder; the father of the lad had cut her across the shoulder; she was bleeding; the room was swimming with blood; he was carried down stairs, and the prosecutrix said, that was the man; he was committed; the next night we heard the other was at the Paviour's Arms, and we took him.

Did she give you any other description of him? - No, she did not; Orange knew him from the description she gave, wearing an oil-skin hat, a smart lad, with swarthy complexion, and that she had seen him frequently, and that he frequently went to that public house; on the 28th, I went and took up Ball's girl that he keeps company with, and took her before the Magistrate.

PRISONER MARSHALL'S DEFENCE.

My Lord, I have witnesses if you will allow them to come into Court.

Certainly, but would you say any thing? - No, nothing, so far as this, I was in bed about half after ten; I came home about ten, or between nine and ten, and my father and mother were quarrelling.

Forrester. He told the Magistrate he was in King-street, along with a girl he was courting, which joins to Farthing-fields; he said, he had been at a club till between ten and eleven.

Prisoner Ball. I was at home at half past ten; and I have witnesses of it.

MARY THOMAS sworn.

I live at No. 28, Shakespear's walk, Ratcliff; I know John Ball ; he lodged at my house; on the day after Christmas day, he came home about a quarter before eleven; I was reckoning time as I always do; I am obliged to reckon time because I have so many to come in; I know when people come in; I always mind it; Ball's mother lodged at my house.

From your reckoning time, and your observation, was it a quarter before eleven? - That was the time upon my oath.

Are you sure it was not later in the evening? - That was the very time.

Did he go out again in the course of that evening? - He did not as I saw; he must have gone through my apartment; I was up till half after eleven.

What character does this boy bear? - As for me I give him the best; he never wronged me of any thing.

Court. How many people might lodge at your house at that time? - We have three or four lodgings to let; we let the apartment to Ball's mother; she took the apartment; different people lived in the other apartment; one Mr. Gill had one of the apartments.

How many apartments have you? - Four.

Were they all let at that time? - All.

Who had the other two? - A man that works for my husband and another; his name is Fothergill, and Mr. Banks the other.

Are Fothergill, or Gill, or Banks married men? - All of them married men.

What time did Gill come in that night? - I really do not know it is quite different to where I live[Text unreadable in original.] apartments

to themselves, but this young man and his mother come through mine.

You said before you had a great many lodgers, and you took particular notice when they came in? - My husband was sent for out, and I was waiting for him to come home.

What time did this young man come in the night before? - I really cannot be particular; but he came in a very good time of the night before with his mother; I cannot be particular to the time.

What reason have you then for being so particular to this night to swear to a quarter of an hour? - I have very great reason, because I was waiting for my husband to come home; the watchman always calls the half hour.

But not the quarter? - I was waiting for my husband to come home, for I always go to shut the door after him.

What night was this that he came home a quarter before eleven? - The 26th.

How do you know it was the 26th? - Because it was the Tuesday night.

But there was a Tuesday the 19th you know; are you sure it was not that Tuesday that was the 19th? - No, I am sure it was the Tuesday after Christmas day, for this night his mother and I were talking by the fire, and she was waiting for him to come in.

She waited for his coming in several nights? - I cannot be positive to any other night.

Mr. Garrow. Did you hear the next evening he was taken into custody? - No.

Court. What distance is Farthing-fields from your house? - I do not know them.

Forrester. It is about three hundred yards from there.

Mr. Garrow. Is it not a quarter of a mile? - No, Sir.

To Prosecutrix. Do you know the distance from the place where you was robbed? - I do not.

THOMAS ARNOLD sworn.

I live in Shadwell-market: I know the two places; the husband of the last witness is our beadle, I am headborough.

What is the distance from Farthing-field, to Shakespear's-walk? - I look upon it to be a full quarter of a mile.

Court. A quarter of a mile is four hundred and forty yards.

Mr. Garrow. It makes a difference; at least, Mr. Forrester thought so.

- ARNOLD sworn.

I have known the prisoner Ball seven years, speaking within compass, always a very honest lad; he has gone of errands for me, and worked hard to get his living; he has been at sea as soon as he was able to go; the Captain of the ship, Captain Crow, with whom he sailed three voyages to Greenland, was here all day yesterday, to give him a character; I did not see the Captain.

JOHN WALLIS sworn.

I live in Limehouse-hole; have known him between eight and nine years; I never heard any thing of him, but a very honest hard working lad; I am very particularly acquainted with Captain Crow; he sailed three voyages with him, and he had a very good character from the Captain, and many more that sailed with him.

WILLIAM SPOONER sworn.

I am a victualler in Shadwell-market; have known him from his infancy; I take him now to be about eighteen; I never heard any thing at all of his dishonesty before this.

MARY WILTSHIRE sworn.

I live in Limehouse; my husband is a Custom-house officer; I have known him from his birth, always honest, sober and just, till now.

Court. I understand he has been at sea? - I knew him before he went to sea, I knew him from his birth.

JANE ALLEN sworn.

I live in Limehouse-hole; I am a married woman; my husband is a waterman;

I have known him ever since he was six months old; I have known him from that time to this; when he has been on shore, he was a sober, honest boy, down to the time he was charged with this fact.

(The prisoner Marshall's witnesses examined separate.)

MARY JONES sworn.

I know the prisoner Marshall; I saw him the day after Christmas day, at ten o'clock, in his mother's room, his father and mother all together; I live in Ratcliffe highway, in the same house, with his father and mother; I live in the one pair of stairs, and they live in the two pair; the house belongs to Gerrard Greville ; I was up stairs there the same night; it was boxing night; I saw the father and mother and son all together; I went to beg a bit of candle of his wife, I was short of candle, I did not stay long; when I went out, the father shut the door, and bid me a good night; the son was in the room the same time.

Did you speak to the son? - Yes, I spoke to the son, and they all bid me a good night, and they shut the door, and I went down stairs.

Was it before or after ten? - That I cannot tell to a minute or two, I believe rather before ten.

When did you hear of his being taken up? - The next morning.

What business do you follow? - My husband is a coal-heaver, and works upon the river; I have three small children; I take care of my children.

When you heard of his being taken up the next morning, you recollected that he was at home at ten the night before? - Yes, Sir, or rather before ten, about a quarter.

Did you mention it to the father or mother of this lad, that it could not be him, because he was at home at ten the night before, or did you go to the Justices to tell him? - I went to no Justice at all.

Nor you did not tell the father and mother? - No, Sir, they knew I was in the room, and saw him there; he sent for me; I saw no more of him that night.

How came you to be so sure that it was a little before ten? - My children come home about eight; I am some time getting them their supper, and getting them to bed; it was half after nine when my children went to bed.

Have you any clock? - No, but as nigh as I can guess.

Did you hear the watchman go? - I heard no watchman, because I live down an alley, what I think is upon my judgment, it was nigh hand ten o'clock as nigh as I can guess; I know nothing at all of the young man, only they have lived in the house about nine or ten weeks; we are no acquaintance; I have a great deal to do, to mind my three children.

Did you put his father and mother in mind you had been in the room the night before? - I thought nothing about it, I was very sorry.

How came you to come here to tell this story? - I told the father and mother that I saw the young fellow in the room with them; I told them that two or three days after he was taken up, and I told them several times when I saw them.

Did you go to tell them this, or did they come to ask you? - I went and told them myself.

When did you tell them? - I cannot tell rightly, I believe a day or two after, I cannot justly say; I told them in my apartment, the mother came in to light a candle.

GERRARD GREVILLE sworn.

Do you know the prisoner Marshall? - Yes, I have known him this quarter of a year; his father keeps a room, and he lodges with his father in my house; at night, on the 26th of December, between nine and ten, he came in, and went up two pair of stairs to his father, where he lodges; the clock was near hand me, I heard it strike.

What did you hear it strike? - It was

between nine and ten; I heard the clock strike nine, and after that he came in; I did not go to bed till past ten; I bolted the door, and he was up stairs in his father's room at that hour, and I heard the clock strike ten, St. George's clock in the highway; I am the very man that bolted the door a few minutes after ten; I was the last up.

Does this young man pass through your apartment? - No, there is the stairs that take him up, he does not come through my room.

How did you see him? - My door is withinside the street door; I saw him come in and go up stairs; I was in my own apartment, and I opened the door to see who it was, and I heard him go up to his father's apartment, up two pair of stairs.

How came you to be so particular about this 26th of December? - Because it was a boxing day, and I thought I would stay up till all the three families were in; I was not out all day.

What time did he come in on the Monday evening? - I cannot tell that; I do not know whether he was out all that day; I was particular this evening, because I was up to see him.

Was not you up on the Monday? - On Monday I did not see him; I left my own door open, when I saw him go up stairs, and I shut the street door, and bolted it to go to bed; that was about a quarter of an hour, to the best of my opinion, after he came in, it was about a quarter after ten; he came in between nine and ten; my room door was open to see if any body was going out again.

Had you any reason to think any body was going out again? - No, I had no reason at all.

Was there any body else to come in? - No, they were all come in, I staid up till such time I thought they were all settled to go to bed.

Was it a practice for your lodgers to go out again after that time? - They do sometimes go out.

Did you ever in your lifetime do that before? - No, but I did it for fear they should go out, and I should have to get up to let them in; I do sometimes keep my door open to see if they go out again; I remember it because it was a boxing night; I know Mary Jones , she is up one pair of stairs.

Who did you expect to go out? - I did not expect one above another, but I kept it open, that if any of them did go out, I might shut the door after them.

CHARLES BLAGH sworn.

All that I know is this, that the night after Christmas night, Mrs. Millard was at my house when I went home, which was about half an hour, or forty minutes after ten; I cannot say to a few minutes, and she stopped there some time, and asked me to have something to drink; she went home, and as soon as she was gone, the watchman went past eleven, that is all I know about it; I keep a fish shop, and green stall; she was at my house when I went home, which was forty minutes after ten.

You do not know how long she had been there before? - No, I found her there; she stood when I came home against the counter in the shop; I have known her for some years; I was acquainted so far as in business.

Who was with her in the shop when you went in? - My wife and my two children.

Any body else? - Not to my knowledge, only people coming in occasionally in the shop to buy what they wanted.

She had nobody with her? - No person that I know of.

You did not see an apprentice girl with her? - Oh, I ask pardon, I did see one child, that I forgot.

What was the conversation that passed between you? - That she would treat me with a drop of something to drink; and my wife says to her, another time will do as well, for my husband wants none, and I do not; she took some money out of

her pocket, in order to send for something for me to drink; some of the money dropped on the floor; my wife lighted her to pick it up; she went out of the house directly, and I went to bed; this was all that passed.

This is a very small matter to take up twenty minutes in passing? - That is all I know.

How long do you think she might be in the shop before she went away? - About ten or fifteen minutes, I cannot say to a minute.

How long was it after she went that you heard the watchman? - Just as she got out of the door, he went eleven.

Did she appear to you to be in liquor? - I cannot decide upon that, to be sure any person might drop money through their fingers.

Did she appear to be in liquor? - Not to my knowledge; I have known her many years, both on the other side of the water and this; what she drinks, I cannot pretend to say; I heard of this robbery, it was two days after my wife had half a a bushel of apples stolen out of the window; it is a place that there is no scarce of robberies there, my Lord.

But when you heard of this robbery being committed before eleven, you knew it could not be? - That I cannot say.

Do you take upon you to swear with positiveness, that the watchman was going past eleven? - If they are erroneous, I cannot say.

Might not the watchman be calling half past ten? - If they do not do their duty; the watchman said past eleven, I was sitting on the bedside when I first heard him.

How came you to tell me you heard the watchman as she was going out of the door? - I was sitting on the bed instead of a chair, before she went out.

Do you know the prisoner Marshall? - Yes, by sight, I have known him about three months, by going to the house where he used, but no particular acquaintance; I never saw any harm of him in my life.

JOHN MARSHALL , JOHN BALL ,

GUILTY , Death .

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

Reference Number: t17870110-7

165. THOMAS SMITH was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Mitchell , on the 1st day of January , about the hour of ten in the night, and burglariously stealing therein, one piece of worsted carpeting, value 1 d. a packing cloth, value 2 d. a woollen blanket, value 4 d. a callico sheet, value 6 d. a child's flannel petticoat, value 2 d. a stuff ditto, value 3 d. a linen bed gown, value 4 d. and one pair of worsted mittens, value 2 d. the property of the said Thomas Mitchell , in his dwelling house .

MARY MITCHELL sworn.

I am wife of Thomas Mitchell ; I live at No. 4, Ferguson's-rents, Westminster ; on the 1st of January, about eight in the evening, I went to my mother's, and took the child with me, and about half after nine, I returned, and put the child to bed; I left the street door open, but my room door was locked, and I had the key with me; there are other people lodge in the house, but whether they were at home I cannot say; I put my child to bed at half past nine, and staid while it was asleep, and went back to my mother's; and I returned as the watch was going ten, and found every thing safe, and the child asleep; I took a halfpenny off the mantle-piece, and I went back again to my mother's; I was going to sit up with her; she was very ill; and about half after ten, a woman came and told me my house was broke open, and the child crying; the child is two years old the 5th of last August; it is my brother's child; I keep it through charity; I am sure I locked my door each

time; I always try it; when I came back again I found my door fast as I left it, and in the yard I found the prisoner, and two patrols one with the things under his arm and the other held the prisoner by the collar; he said, he caught him leaning in the window; the window which I had fastened down with a piece of gimblet was open there was a hole broke in the sash, one piece of gimblet on the floor; and the prisoner was in the window; I am per- sure this window was fast when I went out; I felt it with my own hands.

When had you fastened it? - I fastened it on Saturday, but on the Monday evening I felt at the window when I let my bed down, and it was fast with this piece of gimblet; I lost the things mentioned in the indictment: there was a great coarse cloth that has been a packing cloth; I used it to cover my bed for a quilt, and no other; an old blanket, and a piece of old carpet, and an old callico sheet mended by me, and the other things, and a pair of yellow mitts, which were two odd ones; I said to the prisoner, oh, you villain, what could you think of robbing people poorer than yourself, I will fetch my husband to you; he said, fetch Tom Mitchell to me, he will not hurt me.

Did you know the prisoner? - I never saw him till the Sunday night he came to enquire after my husband; he said, he wanted to borrow a deck of cards, and I said, two or three times, a deck of cards! you mean a pack of cards; and I said, it was an odd time to come for cards; and I said, the pack we have are my mother's; and he wished me a good night; he had been at work with my husband as a bricklayer's labourer ; I knew him no otherwise; the prisoner and the things were taken to the watch-house; I never had the things since.

ELIZABETH SANSUM sworn.

I live next house to Mrs. Mitchell; I came out about half after ten to shut my windows, and I saw a man on the opposite side of the window with a pipe in his mouth; I suspected him, so I stopped at my door, and in about ten minutes I saw the prisoner come out of Mrs. Mitchell's with the clothes under his arm.

How did he come out? - He came out of the door with the things under his arm.

Did he come out of the door? - Yes, out of the door into the street.

Is the door you speak of the street door? - Yes, he came by my door; I did not know the prisoner; but I knew he was not any of Mr. Mitchell's lodgers, and therefore I took notice of him; he went up Perkins's-rents to go up Peter-street; so I thought to myself when he got to the watch box, I would have him stopped, because seeing a man on the other side of the way I was afraid of speaking, and then I saw him coming back with the two patrols; they brought him back, and I said, he had taken them out of that house; he went into the yard with me, and shewed the patrols where he had taken the things, and pushed up the window, and wanted to put the things in at the window again; I went and fetched Mr. and Mrs. Mitchell from her mother's, and the prisoner was taken to the watch-house.

Court. Did you hear any conversation between the prisoner and Mitchell? - No other than Mitchell said, how could you serve me so; I did not hear the prisoner say any thing in answer.

Mrs. Mitchell. My husband had been at my mother's from about six o'clock in the evening; he was asleep.

JAMES M'GOUGE sworn.

I am a patrol; the watch had done crying the half hour past ten, when I took the prisoner; my partner and me were standing at the end of Perkins's-rents, in Great Queen-street; and this man going by I stopped him; he had a bundle under his arm; I said, friend, what have you got here? he made some impertinent answer; I told him he should not go; then he said, they were his own property; I told him he

should not part with me till I knew what they were, and where he got them; he said, if you will come I will shew you where I had them; he went back to this street door and opened it, and went into the yard, and threw up the sash of the window, and was going to throw in the bundle into the window, upon the bed, and I would not let him; then I took the man to the watch-house; I sent a woman to call the man and his wife; I did not see her before, nor hear her.

WILLIAM WATSON sworn.

I am the other patrol; I was with the last witness, and assisted in taking the prisoner in the night of the 1st day of the new year; my partner and I was going on to Peter-street, in the parish of St. John the Evangelist; we always go two together; and in Peter-street, the corner of Perkins's-rents; I stopped to speak to the watchman, my partner was before; the prisoner came by, and I bid him stop him; my partner asked him what he had got there; he said it was his own property; I said, whether or no, we will take him to the watch-house; then he said, if we would not take him to the watch-house he would take us to the place where he got it; then he went with us to the house, and went very cordially through the house, he went into the back yard, there is a sash window, he threw the sash window up immediately, and wanted to put the bundle in where he took them from; we would not let him; my partner took the things from him, and he gave them to me; then Mrs. Sansum went and fetched the prosecutor and his wife; I heard Mitchell say to the prisoner how could you serve me so, to use me in this manner, to rob them that are poorer than yourself?

JOSEPH PERCIVAL sworn.

I was constable of the night; on the 1st of January, the prisoner and the property were brought to the watch-house: I took charge of him, and I kept the property.

(Produced and deposed to.)

PRISONER's DEFENCE.

The gentleman and me were working together; we were talking of cards, and I asked him to lend me a deck of cards; on the Sunday following we were both together at the pay table, he promised to lend me a dirty deck of cards; I went into the garret, there was nobody: I was coming down and there came up a young woman and asked me who I wanted; and I said, Tom Mitchell ; and I saw Mrs. Mitchell, and I told her I wanted a deck of cards; she told me that her mother had the cards; and the morning following I was speaking to Tom Mitchell about these cards, and he told me to come down on Monday night as soon as I had had my supper, and I went into the Crown in Pye-street; and I was with a young man that I went for these cards for; I heard the child crying; and I saw this bundle laying up against the back door, and as there was nobody at home, I was going to fetch them home; and the patrol stopped me; I told them they were my own property; so I told him to come along and I would shew him; so I went into the back yard, and I lifted up the sash; I did not ask to put the things in; and then I was stopped; and this man said to me going along, if there were no more Irishmen than you, I would hang you for the sake of the bounty; if not for the sake of the country.

Patrol. I did not say so, upon my oath.

GUILTY, Death .

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

He was humbly recommended to mercy by the Jury .

Court. On what circumstance?

Jury. On his being young, and having some little knowledge of his brother colleague, as being a labourer with him.

Court. It strikes me that they were very poor people; the things were but of little value, but they were their all.

Jury. We think if they had not known him, he might not possibly have gone there.

Reference Number: t17870110-8

166. JOHN FATT and JOHN VANDEREAST were indicted for burglariously and feloniously breaking and entering the dwelling house of Mathew Edmondson , about the hour of eight in the night; on the 10th of January , and burglariously stealing therein, one copper kettle, value 15 s. a mahogany tea tray, value 15 s. and two pictures, value 15 s. his property .

MATTHEW EDMONDSON sworn.

I am an upholsterer ; I live in the Hay-market , and Oxendon-street; I have two houses in one; on the 10th of January last, I lost the things mentioned in the indictment; and the two pictures I caught in the prisoner's hands; it was after eight; when my people leave work, I make it a rule to go round to see if all is safe, and turning to the parlour, I saw a man stand with a couple of pictures in his hand; I asked him how he came there; he did not answer me immediately; I asked him again; he then said, a gentleman in black promised to give him something if he came down there with that; I seized him by the collar, and urged him to tell me if there was any body else in the house; he positively denied it at that time; I then brought him forward to the Hay-market part, and sent out for assistance; before that assistance came to me, he acknowledged that there was another man in the house with him; I left him in charge with a neighbour while I went to search the house; but there was nobody to be found; we found the kitchen window forced open, the sockets wrenched out, and the sash was up, and somebody had got in at the window; the glass was also broke, and both kitchen windows open.

Do you know when those windows were fast? - I make it a rule to go round every night; and these windows were open on Saturday night, and they have not been open since; I very seldom go down to the kitchen; I was going round when I found the window open; I had not seen it that day.

Then you do not know what time of the day it might be broke open? - No, I do not.

Does your kitchen window look to the street? - Yes, it is in an area; I found nobody else; I came back and reprimanded him severely; and I promised to shew him mercy, provided he would discover who was with him, which he refused for some time; the name of the man I caught in the house is James Windsor ; he then said, he was sorry to tell; but he at last owned it.

Court. You must not tell what he said to you when they were not by? - What he said led me to the prisoner; he was found with these pictures in his hand.

When did you take up the other prisoner? - The same evening about ten; this was between eight and nine; I took the two prisoners at the Black Dog, in St. Giles's.

Did you find any thing upon them? - Nothing that I know of.

Did they say any thing? - Not then, but the next day we had them before Justice Hyde; and Fatt acknowledged breaking into the house, and taking a copper pot, and selling it for four or five shillings; I cannot say positively which.

Were there any promises made? - No.

Any threats made? - None at all; a voluntary confession; the other said nothing at all; and he said that they shared the money among the three.

ROBERT TRAPP sworn.

I am servant to the prosecutor; I went into the house on the Wednesday night, before the affair happened; and I saw the windows all fast about three on the Wednesday afternoon, the 10th; it was daylight then; on the Saturday before that I had them open, and I shut them myself:

on the Thursday morning I came to my work, and I saw they had been forced open by strength, and I missed the property.

JAMES WINDSOR sworn.

Court. Now, take care, that what you speak is nothing but the truth.

On Wednesday night last, about eight, I was drinking at the Black Dog, in St. Giles's, and in came three chimney sweeper s, John Fatt , and John Vandereast , and Peter Smith , I believe his name is; I had drank with them before, but I did not know their names, or know any thing of them, or where they lived or any thing.

What is your business? - I am a basket maker; they sat down, and were shareing some money between the three; knowing them, I asked where my share was; and they said, they had not much to share; they called for a pot of beer, and asked me to drink; we drank it out; and they asked me to take a walk with them as far as the Hay-market; I said, I was going home to supper; I said, I did not care; so I went with them; I do not know the name of the street; they came to this house; John Vandereast went down the cellar, down into the area, and called me down; I followed him down; he lowered me down into the area, and then John Vandereast opened the shutter; he took and pulled it open with his hand.

Then it was not fastened? - No, Sir, it was not fastened; then John Vandereast laid hold of my hand, and told me to follow him; I did, it was in the dark, and when I was in the parlour he gave me two pictures, and told me to hold them, and he would give me something out, as I did not know the way of the house; I saw somebody come with a light; I said, there is somebody with a light; says he, hide yourself; I said, I would not hide myself; says he, put the pictures down; I would not put the pictures down; I thought I had no call to hide myself.

Why did you think you was doing right? - No, but when I got into the house they told me they had been there before, and broke those shutters open, and got a copper out, and had sold it for four shillings; and they had got a tea board, and hid it between the railing and the door, and the iron palisadoes.

You was not there when the copper pot was taken? - No, John Vandereast told me they had been before, and broke the place open, and they had broke the door open, and had nothing but a stone mason's chissel, as blunt as the top of his finger, or else, if they could have got open one door, they could have got a great deal more property; the gentleman took me, and asked me whether I could find the other.

Court to Prosecutor. Were the two prisoners found together at the Black Dog? - Yes, they were in company together, sharing some money; I saw them; the constables and the other gentlemen were with me.

JOSEPH MICKLEWAITE sworn.

When the prosecutor caught this young man, he sent to me to assist him, and I held the man till he searched the house; after searching the house, we got some little more assistance; then I went into the part where the shutters were broke open; which I saw; and the bolt of the window broke; I examined Windsor, and he confessed; and we went to the Black Dog, and brought the two prisoners away; I was rather behind; I cannot be positive what they were doing; I was at Justice Hyde's the next day, and I heard Fatt confess that they came and broke the house open, and that they sold the copper kettle for four shillings, in Windmill-street; the other prisoner was backwards; he did not hear it directly; Justice Hyde granted a search warrant to go after the property; the officer went, but the copper was not found.

WILLIAM BROOK sworn.

About ten at night, on Wednesday evening the constable of St. Martin's came to

me, and wanted me to go with him to apprehend some lads in St. Giles's; I believe it was between ten and eleven; when we came up there, Mr. Edmondson went in and the constable with him; and three lads were by the fire side; when we brought them to the watch-house, the evidence said, it was only those two, and that the other was not the lad; the tall man, that is Fatt, when he came, said, they did get a copper, and sold it in Windmill-street; the little one would not say any thing; the tall one had some money in his hand; I do not know what it was to do; and the little one sat in a box; I did not take Vandereast.

JOHN M'DUFFIELD sworn.

I am the constable; I apprehended the prisoners last Wednesday evening; I think it was nigh the hour of ten; we went to the Black Dog, in St. Giles's, there we found the two prisoners, and the evidence, and another man who was cleared; there were several other people in the house.

Did you observe any thing passing between the two prisoners? - I do not recollect that any thing particular passed; we secured them immediately.

PRISONER FATT'S DEFENCE.

I know nothing about it; before the Justice they told me, if I did not say something I should be hanged; and the evidence cannot say I knew any thing at all of the fact; this young fellow and me went to buy a pair of shoes, and stopped at the Black Dog.

Prosecutor. It was a voluntary confession.

Are you sure these men were sharing money? - They had money in their hands; it was halfpence; there were three of them together, and a man named Peter Henry Giles was with them; and we did not take him; going out again, I saw the other sitting with a woman in the box.

Was Vandereast sitting in a box when you went in? - He was sitting with a woman.

But he was not sharing this money? - The other that we have not got, and the prisoner Fatt had money in their hands.

But this man Vandereast had no money in his hands? - Not that I saw.

Nor he was not near them? - They were sitting, and he was sitting in a box when we came out; I did not distinctly observe him when I came in.

Court. Then I do not think I should put him on his defence, there is no evidence at all against him, but the accomplice.

JOHN FATT , GUILTY , Death .

JOHN VANDEREAST , NOT GUILTY .

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

Reference Number: t17870110-9

167. MARY MARSHALL was indicted for feloniously stealing, on the 18th of December last, ten linen handkerchiefs, value 10 s. the property of Dalton Parr , privily in his shop .

JOHN RUSTON sworn.

On the 18th of December last, the said Mary Marshall came into my master's shop; his name is Dalton Parr , No. 205, Piccadilly , linen-draper ; she wished to look at some pocket handkerchiefs; I believe she came in between three and four in the afternoon; at the same time a woman came in for half a yard of drill; when I came from serving her, I perceived the prisoner fumbling about her coats, and under her apron; the prisoner bought a pocket handkerchief at fifteen-pence, and half a yard of cloth at sixteen-pence; she paid for them and went out; I followed her, and stopped her; I did not miss any thing before I followed her; I told her she had something; she said, she had not; then I said, she should come back to the shop; she was not willing; I caught hold of her to bring her back by force; she would not come; and I saw her drop the pocket handkerchiefs from under her coats or apron; I picked them up immediately; when I saw them

on the ground, I know they were my master's property; there was my master's mark upon them; I sent for a constable, and she was committed; the handkerchiefs are here.

Were these part of the handkerchiefs you had shewn to her? - I cannot recollect whether I shewed her them or not, but I must take them down.

When she was fumbling about her coats did you see the handkerchiefs? - No, I did not.

Prisoner. Were there not two men in the shop? - No, to the best of my knowledge there were not.

Who was in the shop? - There were two or three more women buying other goods; strangers.

Did any body come in with this woman? - There were four or five came in as it were in a party; one of them went out at the same time when I pursued the prisoner, the other was with her, but she went up a passage, perceiving me I suppose.

Who was in the shop? - Only my mistress and me.

What was she doing? - She was serving some other customer.

Prisoner. He swore before the Justice that he believed it was two men that came in to steal? - I never swore any thing of the sort.

Court. What is the value of these handkerchiefs? - They were valued at ten shillings; they cost fourteen pence a piece.

How long had she been in the shop? - She might be about five minutes, and she took a stool and sat down.

Prisoner. I have nothing to say.

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

GUILTY Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17870110-10

168. JOHN CARTER was indicted for stealing, on the 15th of December , one quart pewter pot, value 16 d. the property of James Anderson .

ANN ANDERSON sworn.

I am wife of James Anderson ; he lost a quart pot on the 15th of December, in the evening; it cost us sixteen pence; I found it upon the prisoner while he was drinking at our house; it was concealed in a large pocket; it is here. (Deposed to.) And in his left pocket I found some melted pewter.

Prisoner. I was in liquor, and put down the pot.

GUILTY, 10 d.

Whipped .

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

Reference Number: t17870110-11

169. JOHN BOOT and JANE EDWARDS were indicted for feloniously stealing, on the 18th of December last, two linen handkerchiefs, value 5 s. 7 d. one silk ditto, value 5 s. one shawl, value 9 s. a pair of cotton stockings, value 3 s. 3 d. seven eights of a yard of turbin, value 7 s. 6 d. a piece of lawn, value 7 s. 6 d. one tambour worked apron, value 16 s. one remnant of printed cotton, value 2 s. 9 d. a muslin apron, value 9 s. four yards three sixteenths of muslin, value 10 s. 10 d. one shawl, value 11 s. 3 d. one pair of cotton stockings, value 3 s. 9 d. three linen handkerchiefs, value 5 s. three silk handkerchiefs, value 15 s. one linen ditto, value 18 d. one muslin apron, value 7 s. 6 d. twenty-five yards of Irish linen cloth, value 2 l. 8 s. 9 d. three pair of silk stockings, value 29 s. 6 d. a yard of lawn, value 5 s. 4 d. two shawls, value 6 s. 4 d. twenty-five yards of Irish linen cloth, value 4 l. 17 s. four muslin handkerchiefs, value 20 s. four linen ditto, value 9 s. 4 d. six yards three eights of muslin cambrick, value 1 l. 11 s. 10 d. one yard and one eight of a yard of white linsey, value 18 d. two linen handkerchiefs, value 3 s. 4 d. one yard and a half of callico, value 2 s. 3 d. two callico coats, value 5 s. two coarse linen aprons, value 2 s. and five eights of a yard of lawn, value 4 s. 2 d. the property of Samuel Starey , and Benjamin Starey .

SAMUEL STAREY sworn.

I live in Little Newport-street, No. 27 ; the prisoner was our porter ; I cannot exactly ascertain when my property was lost: it was found in the possession of the prisoners; I missed it on the 17th of December; the prisoner John Boot , was to have left us on the following day; and from several articles being missed out of the shop previous to that time, I thought it necessary to search his box before he left the house; I searched his box, and I found nothing of any consequence; there was a part of a small piece of Irish, and part of a piece of cambrick, which he said was part of some shirts he had bought; and in consequence of what he said, I took no notice of it; I afterwards sent for another porter which we kept, I likewise searched his box, and while I was searching this porter's box, the servant maid , the woman prisoner, came out of her own room, which was adjoining

his room, and ran down stairs as hard as she could; I had two shopmen with me; I went down and brought her up, and desired her box might be opened; she came rather slowly up stairs; I desired her to come forwards, we would search her room first, as her's was the first room; I asked her to open her box, which she did, and the first thing that struck me at the top of the box was some bottles, with some gin and wine; I thought them of very little consequence, but laid them by till I had searched further; the next thing that appeared, was a stocking full of soap, starch, and blue, and different things, which I gave to one of our young men, and desired they would turn them out, which they did, and in the bottom of this stocking under these articles, was a small piece of cambric, about three quarters of a yard, which has our private mark upon it, and I can swear to it; on further searching, I found a small piece of Irish, which has likewise a mark to it; on looking further, I found two callico petticoats, which were used as wrappers to put our goods in, which had been sent to wash, which she had converted into petticoats; I called up the other prisoner, and detained him; and from examining him there with a friend, he acknowledged to several things.

Court. Did you first of all make him any promise? - Not previous to that confession, but afterwards I promised to shew him lenity if he would confess: the first confession that Boot made was, that there were some whole pieces of Irish stole; he said he had stole a whole piece of Irish, and given it to Jenny; in consequence, I went down into the kitchen, and she acknowledged it.

Upon this first examination, what did he say? - I asked him how long it was since the first cloth was stole, and he acknowledged there had been a whole piece of cloth stole, and that he had given a piece to Jenny; I went down to her, and she said there was a whole piece of cloth, and something else in her room, and if I would go with her, she would shew it to me; I believe she said that John had stole it, and given it to her; I went up stairs with her into the room; in searching the bed, before I observed that one side of the bed was open, and I took out a whole piece of Irish, part of a piece of callico, and part of a piece of swan skin, cut off the piece; she said it was distress that had driven her to it; she had two children, and was not capable of maintaining them.

When was the first time you made any promise to her, or the other? - After some time; I got Mr. Fletcher from the Rotation office to come to our house, and he examined them separately; I took care they never should get together; and after examining them for some time, we made them a promise of lenity on their confession.

Court. We must not have any thing mentioned after this confession was made? - It is impossible for me to tell the particular time when that promise was made, it was after Mr. Fletcher had examined them some time; the only promise that was made, he told them if they would confess, it was in my power to shew them mercy.

Court. If there is a doubt about the time, I shall not receive it? - I am not positive sure as to the time the promise was made.

What were those pieces of Irish worth that he owned at first he had taken, and given to the prisoner Edwards? - Twenty-five yards cost three shillings and nine-pence a yard, worth upwards of four pounds; he owned that he gave that to Jane Edwards , and she acknowledged that she received it from him, when she pulled it out of the bed.

Mr. Garrow. How long had this woman lived in your service? - About five months.

Down to this time, you had reason to suppose her an honest woman? - I had no reason to suppose either of them otherwise, till I found them so.

You said just now, that this woman old you she had some family, is that true? -

I believe she has three children instead of two, all of them young.

You examined this woman's box? - I did.

Was the hinges of it sound or not? - I do not know that it was, I believe it was not; she opened it with a key.

How long had the man lived with you? - Near eleven months.

Do you know a woman of the name of Charlton? - I have seen her, she lived with a lady in Portland-road; she was not a servant of our's; the prisoner was a porter, he had business in the shop; the woman was a maid of all work; we have a nursery maid beside.

JOHN BOYD sworn.

I am a pawnbroker; I live with Mr. Gates, the corner of Bedford-street, in the Strand.

Mr. Garrow. This came from the confession.

Prosecutor. This was in consequence of a promise, but I do not know whether it was before or after.

WILLIAM FRENCH sworn.

I am a taylor.

Mr. Garrow. Do you know any thing of this man, except by what the prisoner said? are you able to say that that information was given you before the promise; can you venture to swear it was? - I cannot say.

Then I object to that man.

RICHARD WILLIAMS sworn.

Mr. Garrow. You are another pawnbroker, you may stand down too.

ELIZABETH DICKINS sworn.

I lived cook at Lady Ashurst's, in Spring-gardens; she is now dead.

Did you go to this witness in consequence of any general knowledge that you had before, or in consequence of any information from the prisoner? - In consequence of both.

Can you venture to swear that that information was given before the promise? - I believe I can.

Will you swear it was not positively? - I believe I may.

Do you mean to do it? - To the best of my knowledge and belief.

Mr. Garrow. That will not do.

DENNIS M'DONNALD sworn.

The prosecutor sent for me the same evening to take this man and woman into custody, and in searching the place, the woman went into her bed room, and took this pair of silk stockings out of her box.

Mr. Garrow. That was after Mr. Fletcher was there? - Yes.

Mr. Garrow. Then that is nothing.

MARY ENGLISH sworn.

I live at Lambeth; I keep a shop there.

Mr. Garrow. This was after the confession.

Prosecutor. He acknowledged there was a woman at Lambeth, to whom he had given a pair of stockings; we had taken her name down to make further enquiry before Mr. Fletcher came; he said he had formerly lodged with her, and that he had given her a pair of stockings.

Mrs. English. This young man was to come to lodge with me on the very day that the house was robbed; and before that, he brought three or four pair of stockings, and desired me to lay them by for him, and some handkerchiefs, and desired me to hem for him, and some he desired me to lay by; he brought these stockings some time before he was taken up.

Prosecutor. These stockings are mine, here is a private mark; I have not the least doubt in the world.

MARTHA CHARLTON sworn.

Mr. Garrow. You was led to the prisoner by what he told you? - Yes, I was, but I do not know whether it was before any confession.

Mr. Garrow. I submit, that as to this woman, there is not a title of evidence to go to the Jury.

(The piece of Irish produced, which cost three shillings and sixpence a yard.)

The prisoner Boot called six witnesses, who all gave him a good character.

(The prisoner Boot fell into a fit.)

JOHN BOOT , GUILTY .

Transported for seven years .

JANE EDWARDS, NOT GUILTY .

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

Reference Number: t17870110-12

170. JOHN FORD was indicted for feloniously stealing, on the 18th day of December last, seven pair of men's leather shoes, value 20 s. four pair of children's leather shoes, value 2 s. the property of Thomas Lowry :

And JOHN DAVIS was indicted for feloniously receiving seven pair of men's leather shoes, value 20 s. and two pair of children's shoes, value 1 s. knowing them to be stolen .

(The witnesses examined apart.)

THOMAS LOWRY sworn.

I keep a shoe warehouse , in King-street, Westminster ; I lost the shoes mentioned in the indictment, and others at different times; the prisoner Ford had been my servant about five months; I had missed shoes frequently, and I saw two pair of little children's shoes in his breeches, in his room, and I let them lie till the thief should come and take them; and they were afterwards brought to me by my men.

Mr. Garrow. Did Ford work for you? - Yes.

Is not it usual for men of that stamp to work over work? - It is not usual.

That is because they are not very industrious? - He never did that.

Do not some shoe-makers work over work for themselves? - I imagine so.

When they do so, they sell the over work to the shops? - I have been in the trade above twenty-six years, I never heard of such a thing.

Now has it never happened to you, to know that some men work for themselves, and sell their work to the trade? - Yes, Sir, frequently.

Court. Do you mean to say that it is usual for journeymen that are employed by masters to work at the same time for themselves? - No, I never said so.

Did you ever know an instance of it? - No.

Mr. Garrow. Are there not many hundred men who work without working for a master? - Yes.

And having done so, carry their work and sell it to the shops? - Yes.

JOHN SANDERS sworn.

I am a shoe-maker; I work with the prosecutor; I know the prisoner Ford; I remember his working for Mr. Lowry; I often missed shoes out of the shop, but I did not know who took them; on the 18th of December, on a Sunday morning, I was upon business with my master, and he said he had caught a thief, and he had told him he had sold shoes to different people at different places; I went with Ford the prisoner to different places, I think it was Bird's-street ; he went into the shop, says he, here I have sold a great many shoes; I looked round the shop, and took down six pair of men's shoes, my master's property; there were some of the men there at the time, and I sent for a constable; a woman that was in Mr. Davis's shop, rather gave me some little matter of abuse; Davis was there himself, and told me it was his shop, and he kept it.

What sort of a shop was it? - Upon my word I can hardly tell you; it was a shop of every thing, rags, old iron, old shoes, &c. I went back with the constable, and found three pair more, which were nine pair; I found two pair of children's shoes; they were crammed into the window, so that I did not see them before; Davis was there; he went away to get a constable for me for robbing the house as he called it, and I saw no more him, till I saw him the next day before the Justice;

I staid there some considerable time, two hours for ought I know; a servant of Davis's took the shoes away by the constable's order; I do not know who she was.

Are you sure they are the same shoes that you saw in the shop? - Yes, I am confident they are; there is my own handwriting on them, which was before the shoes were made; my hand-writing was in a part of the shoe, which was visible to any body; there is a pair of shoes of the name of Robinson; we always write the name of every gentleman's bespoke shoes, and I know the others by different marks; I am quite confident of it.

Did Ford say what you and he were come about? - Ford told me where the shoes were; he said nothing about the price of them before Davis.

What are these shoes worth a pair? - They are different shoes, of different value, I really cannot pretend to say the value of them; those that I marked Robinson, we should have sold for seven shillings as bespoke work.

What would the others have sold for? - I look upon it my master gave fifty or fifty-three shillings a dozen for them, that is about four shillings and sixpence a pair.

What did Ford say he sold them for? - Some he said he sold for two shillings a pair, some for half a crown, some for three shillings; he made a variation of the prizes all the way through.

Mr. Garrow, Prisoner Davis's Counsel. Mr. Lowry keeps a very large retail shop? - Yes, he does.

All bespoke work in this town is marked very much in the same way? - Very often.

When it is not bespoke work, I believe it is usual to write the name of the man to whom the work is delivered out? - No, we do not.

When you went to this man's shop, you pitched upon several articles? - Yes.

They were hanging up publicly in the shop? - They were hanging upon nails, and two pair under some rags in the window.

You do not mean to say they were concealed there? - They were under some covering in the window, whether they were concealed or not, it is unknown to me.

Was the window a front window, or a back window? - It was a front window.

Was there writing in the other shoes as well as those of Mr. Robinson's? - No, there are different marks, numbers, &c.

Are these town made shoes? - Some are, and some are country.

Now were any of the marks you found in the shoes disguised or altered at all? - Not to my knowledge.

Look now, and tell me if they are altered? - Not that I directly see.

Then look at them and tell us? - I do not see that they are.

If they had been walked upon for an hour; or rubbed in the kennel, you would not have known them? - No, I do not know that I should.

If the name had been struck through, you would not have known them? - No.

Do you happen to know how long it is since these shoes, particularly Mr. Robinson's, were lost? - That is impossible to say.

Is it within five, six, or seven months? I will answer for it, it is within seven months.

You took the woman to the watch-house? - Yes.

Davis was at large? - Yes.

You do not know how he came there? - No.

Prosecutor. Davis acknowledged to buying all the shoes before the Magistrate, when the Magistrate committed him.

Mr. Garrow. Tell us all that he said about it? - I do not know any thing particular.

Why did not he say that he had no idea they were stolen? - Yes, he did.

Did not he say that he gave a fair price for them? - Yes.

Did not you keep a public house, and serve the office of a thief-taker? - I kept a public house, I never was a thief-taker, I was a constable; I marked them at the bottom with figures: when Davis said he bought them at a fair price, I told him that the man that sold them to him, brought them on the Sunday afternoon, and they were not finished.

Did not he say that the man said he would sell them for the leather, and give him the price? you did not lose all these things at a time? - No, I did not.

Court. Then you had known Davis before? - Yes, I knew him when he lived in Eagle-street, years ago; he is a shoemaker.

Did he say what he gave for these shoes? - He said for some of them he gave four shillings and sixpence a pair, and the man contradicted him.

Mr. Garrow. Suppose I was a distressed shoe-maker, I must sell my shoes; it is as much as they are worth, if a man was to make a present of his labour? - Yes, it is.

Will you venture to say you do not recollect that he said I am distressed for money, I will let you have them for the value of the leather? - I do not remember that they did say so; they sent for me down, and a woman said if five guineas was an object, it should not be wanted; I said I would prosecute.

JOHN GATER sworn.

I am a shoe-maker; I work for the prosecutor; on the 18th of December, by Mr. Lowry's desire, I stopped the prisoner Ford in the street; and on searching him, I found two pair of shoes on him, one pair under his waistcoat next his shirt, and the other were in his breeches; they were two pair of children's shoes; I took them from him; I was in Davis's shop, but I went to fetch a constable.

Prisoner Ford. I took eight pair, and some I got half a crown a pair for.

Prisoner Davis. Please to ask him who he sold them to, for he never sold them to me.

To Prisoner Ford. Who did you sell them to? - I sold them to that man.

Davis. He never sold them to me except two pair for four shillings and sixpence, and another pair for three shillings and sixpence; my wife had been deceased about sixteen weeks, during the greatest part of that time before her death, I was out of the way of my business, and she conducted it; she died suddenly, and it worked so much on my spirits, that I was out of the way; and other people used to buy and sell, for I could hardly bear the place; I lost a worthy woman, and when I lost her, I lost all: I acknowledge I bought two pair of him; he told me they were his own property; he said he worked for his own customers, and sometimes he made up shoes for the shops; he said he was to have seven shillings for them; I told him I sold second hand, as well as new, so that we must buy them as reasonable as we could, not to under-value them; the first I bought of him was that pair at four shillings and sixpence, and I looked upon them as his own property; I questioned him many times over, and was loth to buy; he desired only the money that the stuff cost, because he was in necessity.

ALEXANDER HOLLOWAY sworn.

I am a carpenter; I live in James-street; I have known Davis five or six years; he sells second hand things ; I knew his wife very well, she has been dead about fifteen weeks; she always conducted the business; he used to work, and she managed the shop; since her death, I have seen him frequently, but very little in the business; he was greatly affected by her loss; he was quite melancholy since; he bore a very good character ever since I knew him; I never heard any thing imputed to him before; I take him to be a very honest man; I should think this was done more through simplicity than any thing else.

The prisoner Davis called seven other witnesses, who all gave him a good character.

ELEANOR FLEMING sworn.

I was housekeeper to the prisoner Davis; I lived with him three months; since his wife died, I conducted the business in a good measure; I recollect at first of my coming to Mr. Davis, a man came in with a pair of of shoes to sell; Mr. Davis asked him if they were his, and he said they were, he made them; he asked him, are you a craft? he said yes; then he asked him what he asked for them, he told him seven shillings; he said he could not think of giving him so much; he said he was to have seven shillings if they had fitted, as they misfitted, he must sell them for what he could now, as he was very much distressed; Mr. Davis says, well what is the lowest you can think of taking, for I cannot think of giving you that, I have very little call for such things; he said you must give me what you can afford; Mr. Davis asked me for one shilling, and I gave him one shilling and sixpence; then Davis took four shillings and sixpence, and laid it upon the counter; the man took the money, and laid down the shoes; Mr. Davis hung them upon a nail, and said, there, God knows when I shall get my money for them; they were publicly shewn, they were never covered to my knowledge; there was no disguise or concealment; when Mr. Sanders; and the other came, I was up stairs; they took me to the watch-house; my master went to see for a constable, and some time after he came to me to the watch-house.

During three months that you have known him, has he been a fair dealing honest man, or has he been a receiver of stolen goods? - Sir, I have known him three years; my child has been apprentice to him three years; he was more like a father than a master, and his deceased wife was like a mother.

Court. How came the other shoes into the shop? - I do not know Sir; there was a niece of his was with him for a time; she laid out his money.

Do you know her name? - Yes, Jane Davis ; he has not been capable of his business one day in a week.

Do you know whether the other prisoner was the man that he bought the shoes of? - I cannot be so sure to his face, as to his voice.

JOHN FORD , GUILTY .

Transported for seven years .

JOHN DAVIS , NOT GUILTY .

Court to Davis. Let me recommend it to you for the future, to take care how you let goods of this sort come into your shop.

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

Reference Number: t17870110-13

171. WILLIAM JONES was indicted for forging, on the the 5th of September last, a deed, purporting to be a bill of sale, from John Cannon , seaman, late belonging to the ship Belmont, to Henry Jackson , of all his wages and pay, for twelve pounds fourten shillings and threepence, and signed with the mark of the said John Cannon , with intent to defraud the said Henry .

A second count, For uttering the same.

The prisoner sold his wages to the prosecutor, and signed a mark, as the mark of John Cannon , and the prosecutor not being able to prove that it was not his real name, he was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870110-14

172. The said WILLIAM JONES was again indicted for forging, on the 7th of September last, one other bill for sale, with the name George Riley thereto subscribed, purporting to be a bill of sale from him to one Mally Rogers , for eight pounds nine shillings and two-pence, for

wages due to the said George Riley , on board the ship Belmont, with intent to defraud the said Mally Rogers .

A second count, For uttering the same with the like intention.

The prosecutrix having bought this note for her master, and with his money, and having no interest in it herself, the indictment was of course wrong laid, and the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870110-15

173. JOHN MOFFATT was indicted for feloniously forging, on the 21st day of December last, one bill of exchange, value 3 l. 3 s. purporting to be drawn by one Walter Stirling , upon George Peters , Bank of England, with intent to defraud William Ball .

A second count, For uttering the same, knowing it to be forged.

A third count, For forging a draft of the said George Peters .

A fourth count, For uttering the same, knowing it to be forged.

And four other counts, For forging and uttering the acceptance of the said George Peters , with the like intention.

WILLIAM BALL sworn.

I am a publican ; the prisoner came to borrow half a guinea; I had known him but a short time, and I hesitated; he produced this bill of exchange in my hands, as security for the money: it was about the 29th of December; he pulled out this note, and I lent him eleven shillings and sixpence upon it; in a day or two after he borrowed three half crowns more on the same security of the note; I lent him half a guinea more, which I believe makes twenty-nine shillings and sixpence; he told me the note was drawn by his agent; he did not say what he was; to the best of my knowledge, he said the note was payable by Mr. Peters; not finding him come, I paid the note away to Mr. Warcup, my brewer's clerk; I paid it as cash; in the beginning of January it was brought back by Mr. Warcup, who told me it was a forged note: I knew the prisoner about twelve days before; I have the bill, and have had it ever since, except about an hour; I am sure it is the same.

CRISTOPHER WARCUP sworn.

I remember the last witness giving me a small bill in payment, on Tuesday the 2d of January; I wrote his name in the front of it at the same time; it was for three guineas; I received it in part of sixty pounds; this is the bill; here is his writing; I left it in a box which the master and I have each a key of; they send the bills for payment; I took the note back to Mr. Ball.

What did he say? - I said, it was a very serious matter; he said, I am sorry I took it; I must give you the money for it; but I will find out the fellow; I returned the bill then.

Was Ball ever taken up for it? - No, my Lord, I believe not; he came to tell me he had taken the fellow.

Prosecutor. I was informed he was at home, and I went and took him.

Court. What did he say about it? - He said, he wrote it himself; I received the bill back on Saturday; and on Sunday I took him at dinner at his own lodgings; I served him with beer; I went in, and asked him if he had not used me very ill, concerning giving me such a note; he said, he was very sorry he had been guilty of such a crime, or something to the same purpose; he said, he drew the note, and it was a forged note; that he was very sorry I was disappointed; but he told me, he intended to take it up himself, and I should have known nothing of it; when he brought it to me, he told me not to pay it away, and he would come and bring me the money; I had a constable with me when I took him into custody, and was

in a great heat of passion; I did not ask him to confess, or promise him any favour.

(The bill read.)

"Navy office, the 21st of December,

"1786. Sir, seven days after date, please

"to pay to Mr. John Moffat , or his order,

"the sum of three pounds, three shillings,

"and place the same to the account,

"of, Sir, your obedient humble servant,

" Walter Stirling . Accepted George

"Peters. Directed to George Peters , Esq.

"Bank of England. Indorsed John Moffat ,

"now surgeon of the Scipio, guardship,

"Sheerness."

THOMAS BURROWS sworn.

I have often seen Mr. Peters write: that hand writing does not appear to be Mr. Peters's. (Looks at the bill.) This I believe not to be Mr. Peters's hand writing; it is not at all like it; I have lived clerk with him five years.

PRISONER's DEFENCE.

My Lord, and Gentlemen of the Jury, I certainly gave this note to Mr. Ball, but as for forging of it, or knowing it to be false, I totally deny; and there is no writing belonging to me but what is on the back; I was appointed surgeon of the Scipio, at Sheerness; I went down to join the Scipio; a gentleman I owed a little money to, came and asked me for it; I told him I could not pay him, but I had an agent Mr. Stirling, I wrote to him, he went up and got the note, and brought it to me, with the acceptance as it is; I paid him twenty-nine shillings out of it; if you observe, the note is dated the 21st, and consequently was due the 28th; Mr. Ball says, I gave it him the 29th; I gave it him at eight at night, of the 24th of December; as to my confession, my mind was in a situation not capable of judging what I did say; I believe I might say so, on purpose to get clear of it; for when he came to take me, he said, if I could raise a friend to pay the money, he would not hurt me; I told him if he would let me alone a day or two, I would certainly pay him; and now at this moment, I do not mean that he should lose any thing of it.

Who is the man that brought you the bill? - He sailed for Jamaica the day after Christmas day.

Then you have no witnesses here to prove that, have you any body to give you a character? - Mr. Ball frequently repeated that he would not hurt me; there was a Mr. Robinson, an apothecary, present at the time.

Court to Prosecutor. Is this true? - I said, I would shew him as much lenity as possibly I could.

Was that before he had confessed he had written the bill? - No, after he confessed.

Are you positive of that? - I think it was after he confessed.

Court. The constable ought to have been here who was present.

Prisoner. I expected that apothecary here by eleven, and a Mr. Cockburn, surgeon in Grafton-street, and a Captain Cockburn.

( Patrick Divine was sent for from Litchfield-street.)

PATRICK DIVINE sworn.

Do you know William Ball , a publican? - Yes.

Did you go with him on Sunday to the lodgings of the prisoner? - Yes.

What day of the month was it? - I think it was on the 7th day.

Tell us the conversation that passed between Ball and the prisoner in your hearing? - When we came into the room, the prisoner was at dinner; Mr. Ball said, Mr. Moffart, you have served me pretty well, to give me such a note as this, I had like to have been taken into custody upon it myself; the prisoner said to him, aye, aye! I am sorry for that; I think Ball mentioned the name of Mr. Peters, that he had been to him, and he denied knowing any thing of the note, and said, that it was a forged note; well, says the prisoner, if it

is so, then I must pay you your money again; says Ball, says he, I would not wish to hurt you, but I cannot lose my money; and be like to come to trouble into the bargain; so that you must not be out of custody till it is decided some way; with that the prosecutor gave me charge of the prisoner; this was all that passed at that time; then I took the prisoner with me and Ball to St. Ann's watch-house; and in the way as we went along, Ball says to the prisoner, who wrote the indorsement on the back of the note? to let him know who was the man, and whether he could not be found; the prisoner said, it was no matter, he could not blame any body for it, but himself; that he wrote it himself.

That was in answer to the question who wrote the indorsement? - Yes, as we went along a little further, he said, he had done it through want of money; and that he should have money in a few days to pay it.

Court. Are you sure it was the indorsement that Ball asked him who wrote? - Yes, he asked him that question going along from the prisoner's lodgings.

The question was not who wrote the note, or who wrote the acceptance; but who wrote the indorsement? - Yes.

Did you hear the prisoner at any time say any more about who wrote the rest of the note? - I understood him by what he said, that he meant it was himself wrote it, but he did not say so downright.

His answer, whatever it was, was in answer to the question who wrote the indorsement? - Yes.

Had the prosecutor promised him any favour in your hearing? - He said, he wanted nothing but his own, and to get rid of it; and he wanted to get no disgrace about it; and that he thought it was a good note when he gave it him.

Did he make any other promise? - He said, he did not want to hurt him, if he could but get at his own; with that the prisoner gave the prosecutor directions to go to his brother that lived down in Westminster, I forget the street; this conversation was at the watch-house, and the other was going to the watch-house.

Court to Prisoner. Are your witnesses here now? - Yes, my Lord, all that I expected to come are here.

WILLIAM ROBINSON sworn.

I live in Blenheim street, Oxford-street; I am an apothecary.

Do you keep a shop there? - No, I do not; I have failed in business two or three months past; I carry on business though in a more private way.

Do you keep a house? - No, I am in lodgings, in a first floor.

What do you know about this affair? - I know very little, except the conversation I heard at the Justice's; I was there merely on account of being robbed; I was robbed going home one night; I went with the prosecutor, Mr. Ball, who is an acquaintance of mine, to the Justice's; this prisoner was likewise a slight acquaintance of mine; and I attended the examination; I heard Mr. Ball say, that he did not wish to hurt him; Mr. Fletcher, who is clerk there, asked the prisoner whether he was willing to pay Mr. Ball his money, provided he was discharged; he said, yes, very willing; that he would pay it at nine on Thursday morning; Ball says, that Thursday morning I am afraid will be like other mornings; but he said, he did not wish to hurt him; Ball said, previous to that, in the office, that he would not wish to hang the man.

WILLIAM COCKBURN sworn.

I live at No. 9, Gerrard-street, Soho; I am a surgeon; I have known the prisoner six years; he is a surgeon in the Navy.

What ship did he belong to? - When first I knew him he was surgeon's mate of the Hannibal; he was afterwards surgeon on board a fire-ship; I always understood he bore a very good character.

Prisoner. Will you give me leave to

look at the note again; I did not know it till Mr. Fletcher told me, that the stamp was not a legal stamp; it is upon a twopenny stamp.

Court to Prosecutor. Did the prisoner ever at any time tell you how he had got this bill, or what it was for? - No he did not; he told me he got it from his agent; that he got it for his pay.

Mr. Silvester. I can read in the note two pence for receipt.

Mr. Shelton informed the Court that there was a case at the assizes, in which the Judges had determined that in cases of forgery, it was not necessary that the note should be on a stamp; and that the objection taken on the trial of Lee was overruled.

Mr. Le Mesurier sent for a note of a case, in which it appeared that in the case of the King and Hawkswood, before Mr. Justice Buller, at the Lent assizes, 1783; John Hawkswood was tried for forging a bill of exchange, thirty days after date, also for forging two indorsements; there was no doubt on the evidence, as to the fact of forging, but Mr. Baldwin objected that the instrument was not a bill of exchange, because there was no stamp upon it, for want of which it would be waste paper, by the late stamp act: it was argued that the stamp act was merely a revenue law, and did not purport in any way to alter the crime of forgery; that the instrument was a false one, and had the semblance of a good bill of exchange; the objection was over-ruled; but as this was a new case, the Court yielded to the request of the prisoner's counsel, and left it to the Judges: on the 1st day of Easter Term, 1783, the objection was over-ruled by all the Judges.

Court. We are certainly bound by this opinion to over rule the objection taken by the prisoner; but there is a question may arise, whether it can be a forgery upon a note on the face of it void? I shall therefore take the verdict of the Jury; if they are of opinion that he is guilty, subject to the opinion of the Judges, and shall consequently respite judgment.

GUILTY, Death.

He was humbly recommended to mercy by the Prosecutor.

His case was reserved for the opinion of the Judges .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-16

175. BENJAMIN NASH was indicted for feloniously assaulting John Jenkinson , on the King's highway, on the 23d day of December last, and putting him in fear, and feloniously taking from his person, and against his will, a metal watch, value 20 s. a steel watch chain, value 5 s. a key, value 1 d. half a guinea, five shillings, and one base metal shilling, his property .

JOHN JENKINSON sworn.

Between one and two, on the 23d of December, I first saw the prisoner in Soho-square ; he followed me, and came up and seized me by the collar, and demanded my money; it was a frosty morning and I fell down on the pavement; but I do not know whether it was by the violence of his seizing me or not; when I was down, he got astraddle over me, and put his hand into my right hand breeches pocket, and took out half a guinea, five shillings, and a bad shilling; he only felt in that pocket, and left half a guinea in it; he seemed very much confused, and his hand shook; he had his back towards my head then; and he then turned round and demanded my watch; I do not recollect perfectly whether I took it out or he; I was so much confused; but he snatched the watch either from my hand or pocket; he then turned round and ran off; I saw no weapon

of any kind, he only used one hand; there was a watch box within fifteen or twenty yards, and the lanthorn hanging out; as soon as I saw him go past the watch box, I then called out watch, it was rather a light night; I was under three lamps; the right hand corner of the square; there are two doors, and three lamps together; from first to last he was about a minute taking this money and watch; the watchman came and turned his rattle, and we ran down Sutton-street; but we did not see him; we lost him in Hog-lane.

Court. Now, from your seeing him a single minute, and in the confusion you was in, can you take upon you to say he is the man? - I have not a doubt but he is the man; I lay on my back all the time, and there were three lamps so near, I could not be mistaken.

But I understood you that some part of this single minute he had his back to your face? - Yes, his face was to me at first, then he turned his back, and then his face again; there was a shilling found upon him, a very bad shilling, a crooked one, which I think is mine, but I do not swear positively to it, because one bad shilling may be like another.

Court. Where do you live? - In Oxford-street.

What business? - I was in the tea trade; I left off business about two months past.

I presume you was sober at the time? - As sober as I am now.

JAMES HAYLOCK sworn.

Last Saturday was a week I had information of this man; I went and found him; on searching him I found this shilling upon him; the prisoner told me he sold this watch for a guinea to one Thompson, a buckle maker, that lives in a court in the Hay-market.

Did you say any thing to him, that it would be better for him to confess? - No.

Did you threaten him? - No; he told me after he was examined, at the public house.

Did he say any thing of this before the Magistrate? - No.

(The shilling produced.)

Court to Prosecutor. Look at that shilling? - It is the same shilling I saw at the Rotation-office, which I think is mine; it is like the shilling I had in my pocket five or six months; I cannot swear positively to it; I went to the Rotation-office in Litchfield-street, and at Bow-street, and at Justice Walker's, and described the man, and took a great deal of pains, because I thought I should know the man again.

THEOPHILUS BUTCHER sworn.

I went with Haylock to apprehend this prisoner, and found this shilling upon him; I was at the public house with Haylock and him after the examination, Haylock and the prisoner were in the parlour, and I was in the tap room, but what passed I do not know; there might be something pass between them.

PRISONER's DEFENCE.

Mr. Haylock asked me the question, and I told him; but nobody else knew any thing of it but Mr. Haylock and the gentleman; I leave it to God and the Court.

Jury to Prosecutor. Was there another with him as an accomplice? - I was afraid to look up; he did not use me ill at all.

Court to Prisoner. Have you any witnesses? - No, my family is an hundred miles in the country.

GUILTY, Death .

He was humbly recommended by the Prosecutor, as he did not use him ill .

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

Reference Number: t17870110-17

176. SOLOMON POLOCK was indicted for feloniously stealing, on the 2d of January , two pieces of Manchester cotton,

containing sixty yards, value 5 l. the property of John Wyatt , in his dwelling house .

JOHN WYATT sworn.

On the 2d of January, I was alarmed on the cry of stop thief; I descended into the warehouse; my servant and another person had stopped the prisoner with two pieces of Manchester cotton, which were laying on the counter with ten other pieces; they were laying in three heaps, four pieces in a heap.

RICHARD PAYNE sworn.

At past three o'clock on the 2d of January, I had been to Budge-row, and as I came back I saw the prisoner standing facing the gateway, with a white apron like a porter, and I suspected he was a thief; I watched him for five minutes, and I saw him cross over to Mr. Wyatt's, and presently I saw him come out with two pieces of goods; I saw him beckon to the other man who I suspected to be an accomplice, who immediately went off; I walked after the prisoner, and called out stop thief; he was stopped with the goods under his arms, about a dozen doors from Mr. Wyatt's.

ROBERT JONES sworn.

I am a porter; I stopped the prisoner with the goods; I took the prisoner and goods to Mr. Wyatt's.

JOHN LEWIS VANDERPLANK sworn.

I am clerk to Mr. Wyatt; I was up at dinner at the time the robbery was committed; upon the cry of stop thief, I ran down stairs as fast as I could; I missed the two pieces from off the counter; I went out immediately and picked up one piece, and Payne the other; they were dropped by the prisoner when Payne stopped him.

JAMES ROGERS sworn.

I am a constable; I know nothing only taking charge of the prisoner.

PRISONER's DEFENCE.

I was standing close by the gateway, and a man dressed like a porter asked me to carry two pieces of cotton a little way for him, and he would give me sixpence, and the man stopped me; they dropped out of my hand.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870110-18

177. JOHN WILLIAMS was indicted for feloniously stealing, on the 18th of November last, one hundred and forty four cakes of blacking for shoes, value 4 s. the property of Thomas Dicey , Edward Beynon , and John Wild .

JOHN WILD sworn.

On the 18th of November we had a parcel of shoe cakes from Bayley's, Cockspur-street; I saw them about five on the counter; I saw no more of them till I saw them at Mr. Wilmot's, on the Monday after the prisoner was taken; I had no doubt by the direction but they were ours.

JAMES SHAKESHAFT sworn.

On Saturday the 18th of November, I was walking through Gravel-lane, between seven and eight at night, I saw the prisoner in Petticoat-lane with a parcel under his arm; I passed him; there was a Jew near him; I said to another officer, that is Nicasa Key , as they call him; I followed them; I seized the prisoner, and as I took him by the collar, he dropped the parcel; this is the same; he said he found it standing against a door; I took him to the Magistrate's, and sent to the prosecutors by the direction; it has been in my possession ever since.

Prosecutor. It is the same.

Prisoner. I leave it to the mercy of the Court.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870110-19

178. THOMAS SPENCER was indicted for stealing, on the 17th of December last, one cotton gown, value 5 s. the property of Joseph Carter .

JOSEPH CARTER sworn.

I keep the Fox public house, Pennington-street, Ratcliffe-highway ; on the 17th of December, the prisoner came to my house in the morning about eleven; he continued there till four; he was drinking and walking about, and went in and out; about four my wife went to dress herself, and between four and five I was informed that there was a man suspected; the prisoner was taken up in half an hour; the prisoner went down to the privy, and was taken coming up to the platform adjoining to the house between four and five; I laid hold of his collar; I took him; and he had the gown wrapped round his body under his waistcoat; I saw him down in the privy doing something, but what I could not tell; I sent for an officer, and he was taken into custody by Mr. Brown, the headborough; I saw the gown taken from his body; it was my wife's gown; I knew it perfectly well; I saw it hang by the fire just before.

Was this man drunk or sober? - He was neither: he had not been drinking all the time.

RACHAEL CARTER sworn.

I am sister to Mr. Carter; I remember the prisoner coming to our house on the 17th of December; my sister sent me into the bar room for her gown that was hanging by the fire; I brought it into a room adjoining, and put it on a table; and it was afterwards found round his waist; I did not see it taken from him; this is the gown.

PHILIP BROWN sworn.

I am a headborough; I was drinking in the prosecutor's house; and Mrs. Carter informed me her husband wanted me; he had the prisoner by the collar, and gave charge of him to me; at that time he had the gown wrapped round his body; I saw him begin to take it off, and I went to the watch-house to fetch my staff.

PRISONER's DEFENCE.

I came into the house about eleven, and staid till dark, and went out with a common prostitute to her house; I was very much in liquor; I went backwards; I kicked the gown before me, and picked it up; I did not know what I did; I wrapped it round me; I was coming up to pay for a reckoning, and they stopped me.

GUILTY .

Whipped , and imprisoned three months .

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

Reference Number: t17870110-20

179. CHARLOTTE COOK was indicted for stealing, one cloth coat, value 12 d. one waistcoat, value 6 d. and a shirt, value 6 d. the property of Joseph Hutchins .

ANN HUTCHINS sworn.

I am wife of Joseph Hutchins ; we live in Stewart's-rents, St. Giles's ; I know the prisoner; I never spoke to her till the robbery; I saw her once before; she was taken in to lodge for one night out of charity, in the next room to me; that was the day my clothes were lost, which was the Thursday after Christmas day; I lost the things in the indictment, which were my husband's; I missed them about half after two; I saw them about half an hour before; I went into Broad-court, for a bundle of linen to wash, and when I returned they were gone; there were a great many people in the house; my sister and I went out together; I left nobody in my apartment; I was away about half an hour as near as I can speak; when I returned and missed the things, I went to two pawnbrokers, Mr. Lane's, and Mr. Cooper's; and while I was at Mr. Cooper's, the prisoner came in under pretence to pawn a bonnet; she wanted sixpence on it, and they lent her but three-pence; she says to

me, what are you here? I never spoke to her before; I said, yes, to my sorrow; and she staid, and heard me ask the pawnbroker if such things were brought; and she went with me to several pawnbrokers, to ask for these things, and came back again with me to the house, and the landlady and me went into this young woman's room; there were none of the clothes in this room; and my landlady insisted on her going out immediately, and would not let her stay in my room; then the girl came into my room, and said, if you think I am guilty, I am willing to stay till you get a constable; and she desired me to let her go, and she would return the next morning between ten and eleven and clear her character; I did not suspect her when I took her to the pawnbrokers; she never returned, and that made me suspect her, and I took her up on the Monday night following; this was on a Thursday; there was a man who lived with her, his name is Cook, I had seen him come down stairs that night that I lost my clothes; he came to see her, after she was gone away; he did not sleep there; I took him that night on suspicion; he was discharged on the Tuesday following, and the prisoner was committed; she was taken up by somebody in the Strand on the Monday, who knew of the affair, and taken to the watch-house; I was sent for, and saw her there; I had very little conversation with her in the watch-house.

JOHN ETTERNOUTH sworn.

I am one of the beadles of St. Martin's; the prisoner was brought in by a man I knew not; I detained her; and the prosecutrix came; the prisoner in the mean time before the prosecutrix came, gave me these three duplicates; I took charge of her, and the next morning I found the property at Brown and Ashman's in the Strand; they were pawned in the name of Sarah Harris .

C. E. SAMBROOKE sworn.

I am an apprentice to Messrs. Brown and Ashman; they are pawnbrokers; these are our duplicates; I delivered them to her myself; two on the 28th of December, and one on the 1st of January; I am sure it was the prisoner; I had seen her two or three times before; she came in the name of Sarah Harris.

(The things produced and deposed to.)

PRISONER's DEFENCE.

I had been out of an errand, and coming into the house I picked up the bundle, just entering the door; I opened it; I did not know whose it was, and being in great distress I carried them to the pawnbroker's.

GUILTY .

Transported for seven years .

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

Reference Number: t17870110-21

188. JAMES PENN was indicted for stealing, on the 2d of January , two cloth coats, value 30 s. the property of George Cornford .

(The witnesses examined separate.)

GEORGE CORNFORD sworn.

I had been absent about three quarters of an hour; I lost the coats mentioned in the indictment from the shelf in the shop; they were there when I went out; I found the prisoner in the Minories, up a little turning, with the coats over his arm; he said, he bought them.

MARY WILLIAMS sworn.

I am neighbour to the prosecutor; on the 2d of January, about one o'clock, I was standing at my door, and I saw Mr. Penn, the prisoner, come past Mr. Cornford's door; he returned and passed it again; he went into Mr. Cornford's shop, and instantly came out again with two old coats under his arm underneath a piece of old blue jacket; I went to Mr. Cornford's shop, nobody was there; at last a servant came, and the prosecutor came in, in a minute

after to me; I told him which way the man went; he followed him, and I went with him up the lane, and told all the shop keeper s to stop him; I went to Duke's-place, and when I returned he was taken; I swear to the coats, having my own work on one of them.

(The coats deposed to by the Prosecutor, value 30 s.)

Prisoner. I bought them for fifteen shillings of a Jew.

GUILTY .

Transported for seven years .

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

Reference Number: t17870110-22

181. ELIZABETH BRUCE and ELIZABETH ANDERSON were indicted for stealing, on the 3d of January , three linen table-cloths, value 15 s. two aprons, value 5 s. the property of Francis Hayward .

FRANCIS HAYWARD sworn.

I live in John-street, Golden-square ; I am a victualler ; on Wednesday, the 3d of January, the prisoner Anderson came into my house; I never saw her before; I saw both the prisoners standing in the street, before she came in about ten minutes; they were looking over a basket of wet linen that stood on the curb, before a gentleman's door; I passed by them twice; I saw the prisoner Bruce give Anderson something out of the basket, and she put it into her apron, and wrapped it up on one side; I was then in the street passing by; Anderson came into my house about two minutes after; the other stood on the outside; Anderson called for a quartern of gin, and desired it might be brought to the door; I saw the spout of a gallon pot under her gown; I knew it to be mine; taking it away, I saw in her apron, two wet check aprons; I took them from her, and took her into the house; I kept her, and told her she should not go; Bruce came in a few a minutes after with three table cloths in a basket, wet; she called for a pint of beer, and I took charge of her, and the table cloths, and basket, and sent for a constable: Bruce wanted much to go and leave the basket behind her; she said she sold soap about the street for a gentleman at Wapping, and those cloths were given her to wrap it in: Anderson did not say a word: Bruce was the person that gave Anderson the aprons.

STEPHEN PITT sworn.

I am the constable; I received these things from the last witness, in his parlour; I have had them ever since; I took them to the public office in Poland-street, and had them advertised, and the prosecutrix came and claimed them.

MARY HAYWARD sworn.

I live in Poland-street, in St. James's parish; my husband's name is Francis; I lost two aprons, and three table cloths out of my garden, on Wednesday, the 3d of this month; it was near three when I missed them; the Justice's man who lived in the street, came on Saturday following, and asked me, and I told him; I went to the office, and saw the things; they were mine.

(Deposed to.)

PRISONER ANDERSON'S DEFENCE.

I had the aprons of this woman, and if you will be so good to question her how she came by the entire of the property, I will be obliged to you.

PRISONER BRUCE'S DEFENCE.

I found the things, and sold the two aprons to this woman.

BOTH GUILTY .

Each to be transported for seven years .

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

Reference Number: t17870110-23

182. CHARLES DICKERSON was indicted for stealing, on the 10th of December ,

one cotton handkerchief, value 12 d. one apron, value 2 s. two silk handkerchiefs, value 2 s. 6 d. one muslin apron, value 3 s. one handkerchief, value 1 s. one nankeen waistcoat, value 1 s. and two pair of stockings, value 1 s. the property of Jonathan Tyler .

JONATHAN TYLER sworn.

I live in Brook-street, Ratcliffe ; I work at Squire Bowles's glass-house; my wife informed me of the loss of the things, on the 15th of December; the prisoner lived with me, I gave him board and washing, and lodging for eleven weeks; he told me he was robbed when he came from Greenland; I have had him three voyages; he is no relation to me; the prisoner was gone on board the Hawke Indiaman, and I went after him, on the 15th of December, between six and seven in the morning; he had been on board from the 10th, when he left my house, to the 15th; I knew where he was going, and I sent a man down with him to carry his things for him; I did not know of the loss of the things till the 14th, my wife was afraid to tell me; when I saw him, I beckoned to him; I said Charley, you are guilty of bad manners, let me have them; he said he had sold them out and out in Rag-fair.

MARY TYLER sworn.

Deposed to the same effect, and found part of the things at the pawnbrokers.

SIMON LATTER sworn.

Produced an apron, and cotton handkerchief, pledged with him by the prisoner.

(Produced and deposed to.)

PRISONER's DEFENCE.

I am as clear of it, as God is of sin.

GUILTY .

Transported for seven years .

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

Reference Number: t17870110-24

183. MARQUIS GRANBURY was indicted for stealing, on the 7th of January , three geese, value 7 s. one silk handkerchief, value 18 d. a shirt, value 3 s. a pair of breeches, value 18 d. a pair of stockings, value 9 d. a towel, value 2 d. and a bag, value 6 d. the property of David Baker .

DAVID BAKER sworn.

I am a stage waggoner ; on Sunday night, the 7th of this month, I was robbed between six and ten; I lost the things mentioned in the indictment; they were in a waggon at Belbar ; the prisoner rode in my waggon four days; I went to bed at six, I got up at ten at night, and I missed them about half an hour after I was up; he was pursued, and taken at Highgate; I saw him in custody.

WILLIAM WHITE sworn.

On Sunday night, about eleven, I saw the prisoner running behind a post chaise at Highgate, about thirty yards from the post chaise, with a bag on his head; he could not overtake the chaise; I asked him what he had in the bag; he said clothes, and was going to London, he said he came from York; I took him to the watch-house, and delivered him and the bag to the constable of the night.

JOHN ODOMS sworn.

I am constable of the night; I took charge of the prisoner and the bag at the watch-house; the prisoner had the bag on his head, and laid it on the bench; I asked the prisoner how far he had brought that bag; he said he came from York; I told him it was a heavy bundle to carry from York on his back; he said he came great part of the way in a waggon; I asked him how far he came in the waggon with his bundle, for I apprehended by his discourse, being a foreigner, that he had carried it a considerable number of miles, but how far I could not make out; I asked him if he was a gentleman's servant , he said he was; I asked him where his master lived; he said he had a country house in Yorkshire, but was come to town, and that his master had put his clothes to this waggon, and agreed for eight shillings to have the clothes brought

to London; I asked him again positively of what the bundle consisted, and he said clothes, his own clothes; then I asked him why he should take the bundle from the waggon, and give himself that unnecessary trouble to carry the bundle all the way to London; he said the reason was, he came a long way with the waggoner, and his money grew short, and the waggoner stopt often on the road, and it was very expensive stopping on the road, for they charged him sixpence for a little bit of bread and cheese; therefore he thought he could make his money hold out by leaving the waggon; I said, my friend, I must make free to see the contents of your bundle; and I took up the candle to see, and he got up as well as me, and went and untied the bundle himself; he took out a bundle, which he affirmed to be his own property; I next laid hold of a large cloth that was in the bundle, and I took it out; I opened it; I asked him whose that was, he said his master's; I told him it was a customary thing for a gentleman's linen to be marked; and asked whether he knew it by any mark; he made no answer for some time, then he said he did not know the cloth was marked at all; I said, you do; he said, no; I immediately took the cloth and opened it, and at one corner there is a blue D; he said he did not know it was there at all; I asked him what it was for; he said he frequently used it for wiping glasses; I asked him his name; he said Marquis of Granby, or some such like name; the bundle that he said was his own, had some clean shirts in it; and I asked him if they had any mark; he said they were, but he was no scholar; he did not say with what; I looked at them, and to the best of my knowledge, the shirts were marked M. C. I was not sure whether he said Crandy, or Granby; then by that mark answering, I thought he was an honest man; looking further into the bundle, I saw another tied up in a silk handkerchief; he said there was a jacket and a great coat; I did not examine it then, but he said there is a goose, I saw there was one, I let it lie; we put in the things into his bag, and tied them up, to examine him again in the morning, and discharge him; I asked him how he came by that goose; he said his master passed him on the road about forty miles from London in a diligence, and his master brought this goose, and told him to put it into the bottom of the sack, and put them in the waggon; I asked him if he knew London; he said not much, but he had been there; he said his master's name was one Lester's Esq; in Warwick-lane; he did not know where to find it; he said, his master promised to meet him at a new house, that was building for a public house, and there he would convey him to his own home: our suspicious were most on account of the great cloth; I went out and left him in the watch-house; I returned in about an hour, and the prosecutor had been there on horseback enquiring after a bundle; the next morning I saw the prosecutor; I detained the prisoner and the sack till the morning; I then took him to the Rotation-office, Clerkenwell-green, with the bundle; and the waggoner swore to the things.

(The things deposed to.)

(The beads of the geese produced.)

Prosecutor. There were three geese.

PRISONER's DEFENCE.

I took them when I was hungry.

Court to Prosecutor. What is the value of these things altogether? - About sixteen shillings.

GUILTY .

Transported for seven years .

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

Reference Number: t17870110-25

184. JAMES SMITH was indicted for stealing, on the 5th of January , two hundred pounds weight of lead, value 5 s. belonging to Robert Tubbs , fixed to a building of his , against the stature.

A second court, For stealing two hundred

pounds weight of lead, value 5 s. fixed to an empty house.

ROBERT TUBBS sworn.

I have a house at Wilsdon ; I was not in the country at the time; my house was empty, it was my dwelling house; I went down the morning after the lead was stolen; it was a leaden pipe, which came down the side of the house; I have not seen it this three months; I cannot justly say to the time when I saw it; it was fixed to the side of the house; I was before Sir Sampson Wright , and saw the examinations taken in writing; I never knew the prisoner.

JOHN KITCHENOR sworn.

I live at Hodsdon-green, in Wilsdon parish; I am a patrol; I saw the prisoner and two more bringing the lead out of Mr. Tubb's premises, about two on Friday morning; I am sure the prisoner was one; I took him and another, one made his escape; the prisoner had one of the long pipes on his shoulder; we took them coming through the gates from Mr. Tubb's house; we stopped them, and I presented a blunderbuss at the prisoner, and they dropped the lead; and coming along, the other man, Joseph Busby , tried to make his escape; I fired at him, and shot some balls through his thigh; then we secured them both, and took the prisoner to the public office at Bow-street; the one was committed, that was the prisoner, the other was taken to the Middlesex hospital; I never saw the prisoner before that night to my knowledge; I had seen them before that night at the back part of the house, and I went and called Thomas Sexton .

THOMAS SEXTON sworn.

I am a labourer; this man Kitchenor came and called me up to his assistance, on Friday morning, as soon as he first saw them; I went with him to Mr. Tubb's house, and we stood under the pales till we saw the men come out with the lead on their shoulders; then we stopped them; he presented his blunderbuss at the prisoner, and they dropped the lead; the prisoner and another had lead on their shoulders; I went to call the man up at the public house.

JAMES ADAMS sworn.

I was with the other witnesses, Kitchenor called me up; I went with him, and I saw three men; the prisoner is one; I never saw any of them before to my knowledge; I saw them come over the pales, and they had a long ladder, which they carried into the rick yard; I saw them throw some lead over, and when they came back from the rick yard, they took up the lead; then Kitchenor presented the blunderbuss to them, and they threw down the lead; I do not know the pipe.

Kitchenor. I am sure I saw the pipe fixed to the house the day before; when I first heard them about twelve that night, they were in the garden; I cannot say the pipes were up then; I could not see them.

PRISONER's DEFENCE.

I did not pull it down.

GUILTY .

Transported for seven years .

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

Reference Number: t17870110-26

185. MARY ALLEN, alias CONNER , was indicted for stealing, on the second of January , one man's hat, value 12 s. the property of George Jones , privily in his shop .

WILLIAM DORRINGTON sworn.

I live No. 4, Broad-street, Bloomsbury ; I am shopman to Mr. George Jones , a hatter ; about six in the evening, of the 2d of January, a woman came in and asked for one Mrs. Smith, a washerwoman; she said she was directed there; while I was speaking to her in the shop, I heard a rustling of some people; I called Mr. Jones's son, who worked backwards, to know how many cocked hats there were in the shop window, he told me four, I saw but three; I immediately went out, it was dark; I did not see the prisoner in the shop; I went half-way up the street, and returning I heard a noise just by Crown-court, Broad-street; there I saw the prisoner in custody of Mr. Jones's son, I assisted him in taking her to the shop; he found the property on her.

GEORGE JONES sworn.

I was at work in the back shop, and Dorrington asked me how many cocked hats there were in the window, I told him four; in the mean time he told me to stop in the shop, and he ran out to see if he could find the woman, a woman that was in the shop said she would go to the pork-shop; I followed her, and she came up to the prisoner, and then I saw the prisoner have the hat under her cloak, I laid hold of her, and said she had stolen the hat; she dropped the hat, and clapped me round the waist, and said my dear how do you do; then I caught hold of them both, and the prisoner hit me with a half sieve, which she had on her head, and the other woman kicked me; I could not hold them both, and the other ran up Crown-court, I was afraid to follow her.

Could any person have taken this hat without being in the shop? - She might stand in the passage and take it; I did not see the prisoner in the shop.

GEORGE MECHAN sworn.

I took charge of the prisoner and the hat.

Dorrington. The value of the hat is eight shillings and sixpence.

PRISONER's DEFENCE.

A woman was shewing me the hat who wanted to sell it.

GUILTY Of stealing, but not privily .

Transported for seven years .

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

Reference Number: t17870110-27

186. CATHERINE HENRY was indicted for feloniously stealing, on the 5th of January , three muslin shawls, value 50 s. the property of John Mackey , privily in his shop .

JAMES HORNSBY sworn.

I live with Mr. John Mackey , linen draper , Holborn ; I am a shopman of his; on the 5th of January instant, at a quarter past five, the said Catherine Henry , the prisoner, came into Mr. Mackey's shop; I never saw her before; she stood in the shop about two minutes, nobody spoke to her; John Mackey came into the shop, and asked her what she wanted, and she told him a nail of lawn, he said it was not customary for him to cut so small a quantity, I had suspicion that she had privately stole some shawls, from some shawls on the counter; I was behind the counter.

What was the reason of your suspicion? - By her shuffling about the counter, and about her clothes; she was not nigh the shawls, when I had suspicion of her; she was going out of the shop, and Mr. Mackey took the corner of her cloak, and gave it a bit of a toss on one side, and I then saw the shawls under her right arm; she dropped the shawls in the shop; I saw her; they were picked up by Mr. Mackey, and he delivered them to me; I examined the shawls, and found them to be the property of John Mackey , which she had privately stolen.

(Produced and deposed to by a private mark.)

You did not see her take the shawls? - I did not; she was a long distance from the shawls after Mr. Mackey came into the shop, and she never went nigh them after he came into the shop.

Now young man, can you take upon you positively to say that she did not go nigh the shawls after Mr. Mackey came into the shop? - I am confident of it; there was another young man, and a customer, who had bought a shawl; the other young man was shopman.

What was his name? - I absolutely cannot tell his name; he is called Robert always; I do not know his other name.

How long had he been in the shop? - He had been nigh a year in the shop; I have only been a month.

Is he here? - He is not.

What part of the shop was he in? - He was at a distance from the shawls; he had been selling a shawl to a lady.

Then he had been near them? - Yes, but he was at a distance then; he was wrapping up the shawl, and writing upon it what was to pay.

Who was the lady? - I do not know her name; the prisoner was taken into custody.

Prisoner. The young man knows I was not nigh the place he is mentioning at all.

GEORGE MECHAM sworn.

I was sent for to take charge of the woman, and the shawl; she said nothing to me; Treadway was with me.

PRISONER's DEFENCE.

I went into the gentleman's shop to buy a bit of lawn; this gentleman was going to serve me; there was a gentleman out of doors; he came in and said, what have you got under your cloak; says I, nothing at all; and before the Justice, another gentleman swore he took it from under my arm, and this gentleman swore I dropped it; I am innocent; and this young gentleman said, I have lost thirteen yards and a half of cotton, and you shall suffer for it all.

Court to Hornsby. Was Mr. Mackey before the Justice? - He was, he never swore any thing.

Mecham. No, he did not swear any thing at all.

Jury. Was Mr. Mackey at home when the prisoner came in? - Mr. Mackey came out of the street into the door in Broad-street.

Jury. Then he might see through the window.

GUILTY Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17870110-28

187. WILLIAM RICHARDSON was indicted for feloniously assaulting Elias Cowen , on the King's highway, on the 30th of December last, and putting him in fear, and feloniously taking from his person and against his will, one counterfeit shilling, value 1 d. and four shillings and sixpence in monies numbered, his property .

NOT GUILTY .

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

Reference Number: t17870110-29

188. JAMES PRICE was indicted for stealing, on the 2d day of January , four iron bars, value 2 s. belonging to Robert Custance , affixed to his dwelling house .

WILLIAM CONWAY sworn.

I am a patrol of St. Sepulchre's; on the 2d of January, I and my partner Parry were going our rounds, about two in the morning, in Seacoal-lane I saw a man coming down the steps, by the light of the moon I saw he had something in his hands; I stopped in a corner and saw him pass; he stepped on pretty fast, and knocked at No. 24, in Seacoal-lane; I went up to him, and told him he must go along with me; he had four iron bars; I called to a watchman who came to my assistance; I took him by the collar, but he would not go quietly; and I ordered the watchman to spring his rattle.

Mr. Knowlys, Prisoner's Counsel. Did not the prisoner cry stop, stop, did not he say he picked them up? - No, he did not.

WILLIAM PARRY sworn.

I am a watchman; I heard a voice cry, patrol! I went down Seacoal-lane, there the patrol had the prisoner by the cuff of the coat; he said, I'll tell you, I'll tell you; I was obliged to spring my rattle for further assistance; I took the bars from him.

Mr. Knowlys. Did you hear the prisoner say any thing else? - He said, there is another man.

EDWARD RYLAND sworn.

I went out of the watch-house at three o'clock; I immediately went up Green-arbour-court, and there I found the frame of a cellar window standing upright against the wall; I matched the bars at the watch-house with the frame, and they fitted exactly; he said at the watch-house, a man gave him the bars.

ANN CURL sworn.

I heard a great noise between two and three in the morning, and I heard some bars wrenched out; and I saw the prisoner the afternoon before go past our window, and coming back he looked at it very hard, which drew my attention.

JOHN WILSON sworn.

I am a publican, at the Orange-tree, in Fleet-lane; the prisoner and five more gentlemen were at my house on New Year's day, from eight, till half past two, being New Year's day; I heard a noise in the street as soon as they were gone; I do not know what it was.

Prisoner. Upon my life I am innocent.

The prisoner called three witnesses to his character.

GUILTY ,

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870110-30

189. DANIEL AKED was indicted for stealing, on the 6th of December last, thirteen yards of silk Florentine, value 6 l. 10 s. nine yards of velveteen, value 36 s. one yard of black sattin, value 10 s. twenty-five yards of white callico, value 25 s. five yards of white dimity, value 20 s. seven yards of Orlean coating, value 35 s. the property of Thomas Dawson .

The prosecutor not being able to identify the property, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-31

190. CHARLES FRANKLIN , ABEL DRUDGE , CHRISTOPHER BEESTON , RICHARD BAKER , ANN BAKER , and ANN Wife of JAMES BUCK were indicted for burglariously and feloniously breaking and entering the dwelling house of William Waddell , on the 4th of November last, about the hour of two in the night, and burglariously stealing therein, one hundred and fifty yards of printed cotton, value 30 l. fifteen yards of printed linens, value 30 s. one hundred and fifty yards of muslin, value 30 l. twenty-four coloured silk handkerchiefs, value 3 l. forty yards of striped dimity, value 5 l. eight yards of plain cotton, value 15 s. three diaper table cloths, value 20 s. six pair of women's shoes, value 12 s. one white handkerchief, value 5 s. four pair of mitts, value 6 s. ten yards of ribbon, value 5 s. one handkerchief, value 5 s. one linen ditto, value 6 s. six muslin ditto, value 15 s. and fifty yards of Irish linen cloth, value 5 l. his property .

(The case opened by Mr. Silvester.)

WILLIAM WADDLE sworn.

(Examined by Mr. Garrow.)

I am a gardener; I live at Hendon ; I keep a chandler's and linen draper's shop ; my wife went to bed last, on the 4th of November.

MARY WADDLE sworn.

I am the wife of William Waddle , of Hendon; on the night of the 4th of November, I went to bed a little after eleven; I shut up my shop myself a little after eleven; I fastened the windows, and bolted the two bolts of the door, and put up the bars; my husband asked me if I was sure I had put up the bar; I said, I thought I was perfectly sure; but I went back to see, and all was secure; the next morning I arose a little before seven; I was the first person up, and I found the fastenings of the door quite undone from the inside; they appeared not to be undone but broke; the shutters were as I left them, but the pins being turned round, the keys were at the top instead of the bottom; they might turn the pin round on the outside, but being a spring key, it would not come out; the shutters were in the same state, excepting the holes bored; the pannels of the door are here: in this hole there is room for a man to put in his arm, and by that they could unfasten the bolts, and by the top hole they could lift the bar off.

So that these two holes commanded all the fastenings and the door? - Yes, Sir, they did.

What did you lose? - Thirty pieces of printed cotton, more than an hundred and fifty yards together, of the value of thirty pounds; a small quantity of printed linen, some muslin, some coloured silk handkerchiefs, striped dimity, plain cotton, diaper table cloths, some new women's shoes, a piece of silk handkerchiefs, and other things.

Did you hear any alarm in the course of the night? - No.

Court. I suppose it was light when you got up in the morning? - Yes, it was; it was seven o'clock.

(The witnesses examined separate at the desire of the prisoners.)

Court to Mrs. Waddle. What may be the value of all the things that you have lost? - About an hundred pounds, as near as I can guess.

Prisoner. I desire to have Mr. Bond out of Court, if it is agreeable to you?

Mr. Bond. I am no witness, my Lord.

CHARLES JEALOUS sworn.

I had information on the 21st of December, which led me to go to a house No. 3, Crown-court, Islington; there was Shallard, Macmanus, and others with me, and the first house we went into was Baker's; there are three rooms in that house, one over the other.

Court. How do you know it was Baker's house? - We were told so; and Mrs. Baker lived up one pair of stairs.

Do you know whether she is wife to Baker? - I know no more than the neighbours say she is; I cannot be sure.

Court to Mrs. Baker. Is your name Mary or Ann? - Mary Baker .

Court. It is Ann in the indictment.

Jealous. The prisoner Mrs. Baker was in the two pair of stairs; she came down into the one pair of stairs, and told me it belonged to her; on the ground floor was Abel Drudge ; he got out of bed; in the two pair of stairs was Christopher Beeston ; he was in bed; in Drudge's room I found nothing; in the one pair of stairs we found a good deal; but it does not belong to this case; in Beeston's room, up two pair of stairs, I found five balls, and two pick-lock keys; I found nothing else; the prisoner Richard Baker was not at home; I then went with the rest to the house of Franklin; he lived at No. 10, in the same court; I knocked at the door; he said, he would come down immediately; we told him, to make haste, or we would break the door open; he came down stairs and opened the door; we went up stairs, and in the one pair of stairs, I found Ann Buck in bed; I searched the room and found these two muslin handkerchiefs.

Court. Did you enquire whose house that was? - No, she was in bed; and he was just come out of bed.

Then you did not enquire who that house belonged to? - No, I understood since from her, that she took the house, I found a great many different patterns of remnants of linen; of new pieces.

Court. Are there any of these things that can be particularly sworn to? - These two handkerchiefs; my information was that four housebreakers lived in that court; and I was shewn the two houses the night before; I never saw the women before to my knowledge; and I may have seen Franklin, but I am sure I do not know; Macmanus has got the pick-lock keys, and Shallard has the pistol, and the dark lanthorn; I was present at the examination, and I saw Mr. Macmanus take one handkerchief off Drudge's neck, and the other off Franklin's.

PATRICK MACMANUS sworn.

I went with Jealous to Islington; I went into the first house, there we found Drudge and Beeston; I have nothing to produce that was found in that house; then we went to Franklin's house, and these gimblets were found in his bed room. (Three gimblets produced) And this silk handkerchief I took off his neck; and this I took off Drudge's neck; these remnants which Jealous has produced were found at Franklin's.

Prisoner Drudge. Did you take off my handkerchief till after I was committed before the Magistrate? - No, I did not.

What account did Franklin give of the manner in which he came by that handkerchief? - He told us something about buying it; but I cannot speak to that; I did not take any notice of what he said.

Jealous. I found a knife with a saw in

it on Baker, when I took him; the balls were found in Beeston's room.

JOHN SHALLARD sworn.

I went with the other officer; and in Franklin's house I found a loaded pistol, and a dark lanthorn, which was in a cupboard under the stairs upon some coals, and some pick-lock keys; here are the pistol, the keys, and the lanthorn, and here is a bullet mould, which I found there.

Have you compared that bullet mould with the other five balls? - I was present, and saw it compared, and they fit exactly; the pistol was loaded with a ball; I have not got the ball.

Court. Do you know whether the pistol was loaded with a ball made in that mould? - No, my Lord, I do not.

Are these pick-lock keys? - Yes.

JAMES WILLIAMS sworn.

I am a carpenter; I live at Hendon; I repaired Mr. Waddle's door after the robbery; I took out these two pannels, and put in another.

Court. Look at these gimblets, and this saw, and tell us if you observe the mark of such gimblets? - This hole was bored round with a small instrument and not a saw.

Tell us if you observe the marks of these gimblets? - This gimblet answers the size of the hole; the holes are all bored with one gimblet; they might have been bored with a smaller one first for the sake of preventing the noise; but the large one is introduced afterwards; a gimblet is the last instrument that has been used in boring; these pannels are in the same state they were when I took them out of Mr. Waddle's door.

Court. One of these gimblets answers to born the pannels? - Yes.

Then there is nothing particular that you have made any observation on only that one? - No.

To Mrs. Waddle. Look at this muslin handkerchief? - Here is a mark upon this which is No. 15; that is my hand writing, a private mark.

Then from that you are enabled to swear it was your property? - I am; I lost such a one that night; I have no doubt of its being mine.

(Shewn to the Jury, marked with a pencil No. 15.)

Court. Look at this other muslin handkerchief? - This I have had a great while in my shop; being very much out of the square, and I could not dispose of it; there is no mark that I can swear to so punctually, as I can to the handkerchief being so out of the square, and so many times passing through my fingers, that I have no doubt of it; I lost it that night.

Look at these linens, and cottons, and tell us if you lost any of these patterns? - I lost of these three patterns, none of this; one was seven yards, what there were in the others I cannot justly say; but I am sure I lost of all these three patterns; and I lost a quantity of corded dimity like this; the mark has been taken off of this; this is a muslin neck handkerchief which has no mark on; but I lost of this pattern and quality; and I lost some such neck handkerchiefs as these; one of these handkerchiefs which was found on Franklin's neck I have very great reason to believe was mine; I have the fellow handkerchief to it in my pocket, the size I dare say will answer one with another; this was one that I had taken for my own use, and it had not been washed. (Compared, corresponding in quality, and pattern and size.) I have no doubt at all but I lost this the evening of the robbery; the other handkerchief found on the prisoner Drudge does not belong to me.

Court. There is no mark then on that handkerchief that was found on Franklin? - No.

Court to Shallard. Was the handkerchief made when you found it? - Yes.

Jealous. I took Baker on the 28th; his wife said, it was her apartment, and she let it to these young people; Baker was taken in Turnmill-street; I only know it was his house by what she said; she acknowledged

him to be her husband; and there were men's clothes in the room.

Mr. Garrow, to Mrs. Waddle. Do you know any of those people? - I have seen them before passing about.

How lately before your house was broke open? - I cannot say; Mrs. Buck's father and mother live at Hendon, about half a mile from me.

Court. Did you ever see all the three prisoners in company together at Hendon? - No, I have seen them occasionally in the neighbourhood passing; I do not recollect seeing them in company together.

Prisoner Franklin. Did you ever say that both these handkerchiefs came off one piece? - No, I never did; I said, I thought it was mine; but I should be able to say with certainty when I brought the other piece.

Prisoner. Which of us did you see at Hendon? - I said, some of you.

Jury. Did you ever see of them women at Hendon? - I have seen Mrs. Buck at my shop.

Is she a married woman or no? - I do not know, she calls herself so; I never saw the others at Hendon; Mrs. Buck has been servant to some families at Hendon.

PRISONER BEESTON'S DEFENCE.

I took a room of Mr. Baker at half a crown a week; I had a bed, a couple of chairs, and a table, and a fire place; and these five bullets were laying about the room; the plaisterers were there at the same time; I had been there six weeks.

Jealous. This iron crow was found in Franklin's room; Baker's wife said, she let out the apartments to these people.

Court. Did Baker ever claim any property in the man's clothes that were found there? - No, he never was taken back to that house if it was his.

JOHN GROVES sworn.

I was present at Bow-street when Baker was brought; Mr. Addington asked him if that house was his, the first house, and how long he had lived there, and what rent he paid; he said, he took it of Mr. Smith the tobacconist, at the corner of the court, last Michaelmas, and paid eight pounds a year.

Was any thing said about Franklin's house? - I do not recollect.

PRISONER BAKER'S DEFENCE.

Beeston and Drudge lodged in my house, and paid me their rent; they always kept good hours; I have worked for Mr. Duncan of Islington, better than a year and a half; I expected him here to clear my character.

PRISONER BUCK'S DEFENCE.

My Lord, they have charged me with things that I know nothing at all about; and they took the things out of my house, belonging to other people; I wish to send for two or three genteel people to speak for me.

Court. You should have had them ready, we cannot wait for them.

Prisoner. I did not know.

Court. Prisoners, have you any body here.

Prisoners. We have nobody at present.

CHARLES FRANKLIN , GUILTY Death .

ABEL DRUDGE , CHRISTOPHER BEESTON , RICHARD BAKER , ANN BAKER , ANN Wife of JAMES BUCK ,

NOT GUILTY .

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

Reference Number: t17870110-32

191. The said CHARLES FRANKLIN , and ANN (the Wife of JAMES BUCK ) were again indicted for burglariously and feloniously breaking and entering the dwelling house of James Beezley , about the hour of two in the night, on the 2d of December , and burglariously stealing therein, one table spoon, value 5 s. four tea spoons, value 8 s. four thousand eight hundred halfpence, value 10 l. his property .

JAMES BEEZLEY sworn.

I am a baker ; I live in Edgeware ; on the 2d of December my house was broke open; I made it fast the night before; I went to bed between ten and eleven, and got up about seven; my servant got up first, and he came to call me; then I got up as fast as I could, and found the window wrenched open, and the bolts wrenched off the back parlour window in the yard; it appeared to have been wrenched open with a sort of iron; they had given it some holes first with a gimblet, and had made holes all round that you could put your hand in; but that would not do, so they wrenched it open; the bolts flew; so they got the window open; the hole was just upon the middle of the window shutter; I lost one large table spoon, and four tea spoons, and about ten pounds worth of halfpence; I believe rather more; they were tied up in brown paper; I know none of the prisoners but Nanny Buck ; she lived with me about seven years ago; the halfpence were in a bureau.

Court. How did she behave in your service? - Not well at all.

Have you seen her there lately? - No.

THOMAS TING sworn.

I was with the other officers at Franklin's house, and in the tea chest I found four silver tea spoons, and on the mantle piece two more.

How do you know it was Franklin's house? - I was with the other officers; I was on the ground floor; the prisoner Buck said, the spoons were all her's; and she said, her first husband gave them her, some at one time, and some at another.

JOHN SHALLARD sworn.

I was with the other officer at the time the gimblets were found; I found the pistol and the other things.

Court to Prosecutor. Look at these tea spoons? - I have looked at them, and here is one that I have brought to pattern it; it is marked with my wife's maiden name; I carried the rest up stairs; I only left four below.

Court. Here is no mark upon this? - I believe it to be my property; the name is filed out; I only know it because they match, and they are worn alike; this table spoon was my property, but the mark is filed out in the same manner; I know that spoon by the wear of it.

Court to Prosecutor. How long after the robbery did you hear of these spoons? - On the 22d of December they were found.

PRISONER BUCK'S DEFENCE.

My Lord, Mr. Beezley is a very improper person to swear to these spoons, my husband left the spoons with me some time since; I can have witnesses if you will give me leave to send to St. James's for them; one of the King's pages has known me from a child.

BOTH NOT GUILTY .

Court. Mrs. Buck, you have had indeed a very narrow escape, I suspect that you are leading a very bad life, and you will come to an infamous end; let me advise you therefore seriously, to amend your conduct.

Mrs. Buck. My Lord, I am humbly obliged to you for your advice, but I can bring people to my character.

Court. As for the man, it will be very fit for him to prepare for a future state; because one of such a gang, as I much suspect him to be, cannot expect any mercy here.

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

Reference Number: t17870110-33

192. THOMAS RAESBACK was indicted for stealing, on the 7th of December last, a muslin shawl, value 3 s. an apron, value 1 s. and two half handkerchiefs, value 6 d. the property of Thomas Aris .

THOMAS ARIS sworn.

I am a labouring man at a potter smiths ; I know the prisoner; I live at Norton Falgate ; I lost the things mentioned in

the indictment on the 7th of December; there were four men lodged in the room where they were, so I cannot tell which it is; I cannot tell all their sirnames; I know their Christian names; the prisoner was one; they all came home but Raisbeck, some about seven, and some about eight; on that Friday evening he came, not that night; I missed the things in the morning after they went out.

SARAH ARIS sworn.

I am wife of the last witness; I missed the things on Friday morning before Christmas; all the other lodgers came home but him; and he came in a fortnight for a shirt, and I told him I should take him before Justice Wilmot, and he owned where he had pledged them; he sent his master, who is a taylor, for his shirt and stockings that I had to wash, and I would not let him have them unless he came himself; so that made him come; I told the master I had lost some things, and wished to see Raesback; and his master said, he would go and fetch him; he came with his master; he said, would I hurt him if he owned to them; I said, I would not hurt him; he promised to come on Saturday, and did not; and my husband gave charge of him on Sunday; I found the things by his owning them.

NOT GUILTY .

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

Reference Number: t17870110-34

193. ROBERT COLEMAN was indicted for feloniously stealing on the 23d of December last, six quarts of wine called red port, value 9 s. six glass bottles, value 1 s. the property of William Knowlys , William Cook Knowlys , and John Knowlys .

Mr. Knowlys, Counsel for the prosecution.

EDWARD CATLIN sworn.

I am servant to Messrs. Knowlys; they live at No. 9, in Hart-lane; they are wine merchants ; their vaults are in Cross-lane, St. Dunstan's hill , which comes into Hart-lane; about twenty minutes after five, going into Hart-lane, to deliver two dozen of wine to the porter; as I was going to open the vault door, I saw it open from the inside, and out came a man which was the prisoner, with two bottles under one arm, one at top of the other, and one bottle under the other arm; I first thought it was one of our own people; that was all I then saw about him; the prisoner was not a servant to the prosecutors, nor employed by him; when he had got as far as the kennel, I said, where are you going? what have you there? he said, only a bottle; I said, you are the very man I have been looking for these ten days; I took him to Mr. Knowlys's compting house; I found that he had three bottles withinside his waistcoat; we sent for a constable; and one of the Mr. Knowlys' sealed them; I left the vault door shut, but not locked; I returned in five minutes; I went down into the cellar, and I looked about the binns to see where he had taken them from, and they appeared to be taken promiscuously out from the top, being in the dark, but if he had only taken a single one I could have known, it being so full; there are six vacant places now where they were taken from; the binns were compleat; it was red port wine; they were quart bottles; they are here.

JOHN KNOWLYS sworn.

What is the firm of your house? - William Knowlys , William Cook Knowlys , and John Knowlys .

When did you see the prisoner before? - I have seen him before, but I did not see him that day till he was brought into the compting house; he had the wine upon him that is brought into Court, and part was taken from him by another person and delivered to me; I sealed them in his presence.

(Deposed to.)

What was the seal? - W. K. and S.

What does it import? - William Knowlys , and Son.

They are the same bottles? - We have no other sealed bottles; they are red port.

Court to Catlin. Are these the bottles you took from the prisoner? - I verily believe they are the same.

Were they marked in your presence? - No, they were not.

PRISONER's DEFENCE.

These bottles were given to me by a man; my friends are all gone.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870110-35

194. JOHN HOARE was indicted for feloniously stealing, on the 12th of December , two pieces of mahogany, value 7 s. the property of George Seddon , and Thomas Seddon .

ADAM ARCHIBALD sworn.

I am a carpenter and bedstead maker at Hatton-wall; the prisoner brought two pieces of mahogany to me on the 12th of December; I thought it had been later in the month; when I was before the Lord Mayor, it was about seven o'clock in the evening; they were three inches square, and seven feet and a half long; the prisoner was the man; he brought a part the night before, which we bought of him; they were smaller a great deal, and his bringing another part made us suspect him; I asked the prisoner how he came by those pillars; at first he said, honestly; I insisted on knowing more particularly; he then said, I hope you will not hurt me; I said, not if you come honestly by them; if not you shall certainly take the consequence; he then said, that a man he worked for, of the name of Chamberlain, in Ratcliffe-highway, No. 34, owed him some money for wages, and had given them to him; I told him I knew the person that lived there, and it could not be there; then he said, it must be 36; I wrote it down, and he said, that was right; he said, he should bring this person the next morning to prove what he said; he never afterwards came to me; I never saw him after till he was taken up; he had worked before at a yard opposite me; I found he worked for Mr. Seddon much about that time; I called at Mr. Seddon's, but the prisoner was not present; the mahogany was marked by Mr. Covington; I saw W. C. upon it before the Lord Mayor; I did not see him mark it.

At the time this mahogany was sent to Mr. Seddon's had you more pieces of the length of seven feet and a half in your yard? - Yes, a great many pieces of the same length but not of the same width; this was Spanish wood, which is clearer in the grain; there was a figure of 4, a figure of 3, a figure of 2, and a figure of 1; I did not buy them; I do not know of my own knowledge that they were bought; only seeing them stand in the passage; he afterwards described to me where he had them from.

WILLIAM COVINGTON sworn.

I am a bedstead maker; I was partner with the last witness at the time these things were brought to our house; the prisoner brought a pair of pillars about seven on Tuesday evening; he brought two pair; the second pair were marked three and a half; I did not take particular notice of any four; they had been marked with a broad R, it was all in chalk: they were Spanish wood: he offered them for sale with a piece of board, that he brought with them, which he offered for twelve shillings and sixpence; the board was worth about four shillings, as near as we can calculate; I did not buy them; he left them in the passage: they were afterwards carried into the yard: we had no other Spanish wood in

the yard; the size of them was three and a half by four; we kept them in the yard, till some of Mr. Seddons people came, and fetched them; some days after they were carried before the Lord Mayor.

JAMES WRIGHT sworn.

I am a sawyer; I know Mr. Seddon's figures very well; I can swear positively almost that these figures are Mr. Seddon's writing; I first saw this piece at Hatton-wall, at Archibald's house, in the yard; I do not recollect the day; it was a fortnight or three weeks ago; it is Spanish wood, I saw no other Spanish wood in the yard; I know this by the figures; I had not sawed it; there was no other mark upon it, but a common cross.

Could that cross be mistaken for a four? - Not that I know of.

What may be the value of that? - Twelve or thirteen shillings; I saw it again before my Lord Mayor; I have kept it ever since; the marks are upon it now; there is a figure of four upon it.

GEORGE SEDDON sworn.

I had not missed any mahogany; I should not have known of it, if my people had not informed me; I have a great deal of this Spanish wood, and a great deal of this length; I suppose I have an hundred pair now; when I asked the prisoner where he got them; he told me he met a man in Moorfields one night with them, and the man asked him if he was a sawyer, and asked him to sell them for him, and he would give him two shillings and sixpence; and he said the man that gave them to him, had them from a man in Ratcliffe highway, who could not pay him his wagers, and so he gave them instead of money; I do not know when I lost them; they are my property by the figures.

Is the 4 yours? - No, that is not mine; the 3 and 1/2 is; I swear to the writing, but not to the wood; we never sell the piece with the marks on, nor never send them out to be manufactured, we have manufactured for many years in our own house.

PRISONER's DEFENCE.

I can say but a vast little for myself, if I can give you satisfaction; a month last Monday, I was coming across Moorfields, with a saw on my shoulders, and a man with a pair of bed-posts on his shoulders, asked me to sell them, and offered me half a crown; the man went with me, and put them down in the passage; Mr. Covington came and looked at him; says he, what will you have for them; says he, eight shillings; says he, I can buy better than these for eight shillings; he gave six shillings, and three shillings and sixpence in part; I told him I should have another pair, not of the same sort of wood, and a piece of slab; he bid me bring them, which I did; the man met me the following night with the other pair; he disputed I had more than three shillings and sixpence; I brought him in before Mr. Covington's face, and asked him in the passage, and he said he gave me half a crown and one shilling, and in a few minutes after, Mr. Covington brought in the remainder of the money; and the next night they stopped me; I told them, I had them from a man that brought them from Ratcliffe highway; he asked me his name; I did not tell him any name particularly; at the same time my wife lay in, and he said he would detain me all night, which I did not like.

Court to Seddon. Did this man ever work for you at any time? - He came the pay day, a day or two before I took him up; I am informed he worked for me two or three days in the place of a man that was sick.

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

GUILTY.

He was humbly recommended to mercy by the Prosecutor .

To be imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870110-36

195. JOHN PAGE was indicted for feloniously stealing, on the 28th day of December last, a silver mug, value 10 s. the goods of the Reverend Carrington Garrick .

(The case opened by Mr. Silvester.)

JOSEPH CHAMPION sworn.

I am a servant to Mr. Carrrington Garrick, at Hendon ; I know the prisoner, his name is John Page ; he lived opposite Hendon church; he sold oranges, and lemons, and apples, and all kind of fruit, and fish ; he came to my master on Thursday, the 28th of December, between three and five in the afternoon, and asked if we wanted any thing, being told no, he shut the door seeming to go out; he shut the door in a manner that I should not see him; I went and looked through a hole in the door, and there I saw him take a mug out of the sink, and put it into his basket, and cover it with a cloth; I went and told my master; he bid me go after him; he attempted to hinder me lifting up the cloth, but I lifted it up, and there I found the mug; the mug is here.

(Produced and deposed to.)

Where was the mug laying? - It was in the sink, taken there to be washed.

What was the value of it, do you know? - Sixteen shillings.

Prisoner. I know nothing of it.

Have you any witnesses? - No.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-37

196. MICHAEL DUNN was indicted for feloniously breaking and entering the dwelling house of John Robinson , on the first of January , between seven and eight in the forenoon, the said John, and others of his family, in the said dwelling-house then being, and feloniously stealing therein, one cotton gown, value 20 s. a black silk cloak, value 7 s. a cloth apron, value 12 d. a child's frock, value 6 d. a coat, value 6 d. a blanket, value 4 s. two bed quilts, value 5 s. two sheets, value 4 s. one pair of lace robins, value 12 d. the property of Ann Figgess , widow .

ANN FIGGESS sworn.

On the 1st of January, between seven eight, I went into the kitchen of Mr. Robinson; I wanted wood to light my fire, and I went out, I left the door upon the latch; I was not gone above five minutes; when I returned, I found the street door open; I heard something rustle; I asked who was there; the prisoner came up the kitchen stairs, and said, I want you madam to go to Castle-street directly; I said I knew nobody there, and I seized the prisoner, and he tore my apron and handkerchief; I shut the street door with my foot, and called Mr. Robinson; he came in his shirt, and I found I had lost the things mentioned in the indictment; at the top of the stairs, I found a large bag full with my things in it; he said he came to look for a washerwoman; he said he was a bricklayer's labourer ; he told us where he lived, and his wife said he dealt in old clothes.

Mr. Keys, Prisoner's Counsel. You was gone five minutes? - Yes.

When you came back, you found the street door wide open? - Yes.

This is a house of lodgers? - Yes, there was nobody up but me.

That is more than you know; how many people had been out of the house after you went out you cannot tell? - No, I cannot say.

You found nothing upon this man at all? - No; when he came up the stairs past the bag where I found it, his feet must touch the bag.

Court. Whereabouts did you first see him? - Coming up my stairs.

Whereabouts was the bag then? - Upon the top stairs; I saw the prisoner coming up; I did not see the bag at all,

till he was come up stairs, and I went down; the bag was on the top stairs but one.

Could it lay there before he came up without your seeing it? - Yes.

Had he the bag when you saw him? - I do not know, I saw nothing in his hand.

Could he put the bag on the top of the stairs after you saw him? - No, he was lower down when I first saw him than the bag.

JOHN ROBINSON sworn.

On Monday, the 1st of January, about five minutes before eight; I was not up, but I was awake; I heard Mrs. Figgess, my lodger, unlock her kitchen door, and come up stairs; she went along the passage, and opened the street door, and went out; she shut it after her in a minute; somebody came and opened the street door, and went softly down stairs, I concluded it was her, and I wondered she should go down so softly; I heard nobody speak, nor any thing afterwards, till Mrs. Figgess came back, and came into the passage, and she called out who is there? nobody answered; at last, I heard her say, who do you want? what business have you to go down into my place? I heard somebody say, you must go down into Castle-street; she said she knew nobody there; she said he had been robbing her; I heard a bustle in the passage; she immediately called out, three or four times, Mr. Robinson! I jumped out of bed and opened my door, and went into the passage, and I saw the prisoner and her struggling against the street door, and the street door was shut; I then went and laid hold of the prisoner, and brought him into my place; we searched him, but found nothing; she went down, and came up again, and said she was robbed; she then went back and fetched in the bag; I took the prisoner into my room; I did not see where the bag lay; I live in the parlour; I took him to the round-house; he wished me to go to his wife, to let her know; he said he lived in Tennis-court, Middle-row, Holborn, No. 1. I asked his wife if Mr. Dunn was within, she said no; he told me his name was Dunn at the Justice's; he said he never saw the bag, but that his wife sent him after a washerwoman.

Mr. Keys. He gave you a true account of his name, and where he lived? - He did.

JOHN YOUNG sworn.

I am round-house keeper of St. Giles's; I took charge of the prisoner; I searched him, and found nothing upon him but these two keys.

(The keys produced)

(The things produced, and deposed to by Mrs. Figgess.)

PRISONER's DEFENCE.

My wife goes out to wash, and takes in washing, and she was to go to wash in Castle-street, No. 3, and the child was taken very ill, and not expected to live; she could not go out, and she sent me, and I met a woman that I knew, and she said she did not know such a woman; as we were talking together, a man came out of this door and she says, ask that man; he said yes, she lives in the kitchen backwards; he left the door wide open; I went in as far as the passage, I called at the top of the stairs, and asked if any one was below, nobody answered; I turned back, and this woman was standing at the door; says I, you are wanted, my wife wants you; she fell a searching me, I had nothing in my pocket but a handkerchief; she took it out.

MARY ANN LUKE sworn.

I live in little Greenwich-court, in Aldersgate-street; I go out a washing and chairing.

Do you remember seeing Michael Dunn on the 1st of January last? - Yes, I do; I had not seen him before for sometime; it was as nigh as I can guess eight o'clock; he asked me, if I knew a washer-woman that lived there; it was in Plumbtree-street; I lived up there formerly; as we were talking, a man came out of this house, and I said, you had better ask that man; and I parted with him; I saw him speak to the man; in about

a minute after, I saw a woman go in; I do not know what conversation passed between them.

What house was this? - It was a house in Plumbtree-street, but I cannot justly tell the door; I do not know what became of Dunn after, till I heard he was in custody; I have known him upwards of a twelvemonth; I never heard any thing but he was an honest man; he was a gentleman's servant when he was in Ireland; he gets his living by being a bricklayer's labourer; his wife winds off silk, and takes in a little washing; he asked me if I could tell him of a washer-woman that lived nigh there; he mentioned no name to me.

GUILTY, Of stealing, but not of breaking and entering .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-38

197. JAMES WILBO was indicted for burglariously and feloniously breaking and entering the dwelling house of John Edwards , about the hour of five in the night, on the 6th of January , and burglariously stealing therein, four waistcoats, value 10 s. 6 d. his property .

JOHN EDWARDS sworn.

I keep a sale shop in Barbican, No. 22 ; on Saturday last, between five and six I put my window to rights, and I put four waistcoats in the farther compass pane; and the window at that time was whole; from thence I went to the other side of the shop to set the other window to rights; I had not been there above three or four minutes before John Newman , our patrol, brought in a man, and said he was a thief: I immediately asked him what was the matter; I had not heard or seen any thing; the patrol laid down a white waistcoat; I looked at it, and turned up the pocket flap, says I, this is mine: I immediately ran to the window where I had put them, and the window was broke, and the waistcoats were gone; the window was safe when I put them in, and in about five or six minutes the prisoner was brought in with the waistcoat.

How much of the window was broke? - The window had been broke several times and the piece was fastened in with lead; I heard no noise, and there was no noise in the street; the street was as quiet as the Court is now; I only found that one waistcoat; I am sure it is mine; it was one of these four that were in the window; there is my mark upon it; the prisoner is the man that Newman brought in; he has been in custody ever since.

JOHN NEWMAN sworn.

On Saturday last, about half past five, just as I came to the corner of Barbican, I saw the prisoner and another coming running by me very quick; they crossed over to Redcross-street; I then turned back again, and went down Redcross-street, and they ran down Redcross-street about twenty yards, and crossed over the way to the alley, called Paul's-alley, and the other got to the corner of the highway; I pursued this prisoner up the alley, and the other ran away directly, and never went up the alley; I overtook the prisoner in the alley; he appeared to have something under his jacket; he had a jacket on; I asked him what he had got; and as I laid hold of him this fell from the side of him directly.

Did you see it fall from him? - No, I did not; it was down between him and me in a minute.

Had it been there before? - No, I am positive sure it was not there before: it was dirty, and fell down between his shoes and mine; it is a waistcoat.

Can you undertake to say with certainty that that fell from him? - I cannot say any further than as we were both together this lay between us, and I observed something under his jacket when I caught him by the collar; there was nobody else in the alley as I could see.

When you first saw these two lads how near were they to the prosecutor's shop? - About six or seven doors; about twenty four or twenty-five yards.

You saw nothing of them before what you have mentioned? - Nothing else; I searched the prisoner, nothing else was found upon him.

No keys nor any thing of that sort? - No.

Any knife? - No.

Any chissel? - No.

No instrument found upon him with which he could have taken out this piece of glass? - No.

What o'clock was it? - Half past five.

Was daylight entirely gone? - Yes.

Prisoner. I have no further to say, than this: on Saturday evening, I came from the house where I lived, I was going to the Nag's-head, in Aldersgate-street, to call for some money, and running to make the best of my way there, this gentleman laid hold of my collar; says he, what have you there? I said, nothing my good man; my waistcoat flew open as he laid hold of me; I had a white waistcoat under my red one.

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

GUILTY, But not of the burglary .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870110-39

198. LAZARUS GRAVES and CATHERINE SMITH were indicted for feloniously stealing, on the 27th of December last, one silver watch, value 30 s. one silver seal, value 3 s. the property of John Young .

JOHN YOUNG sworn.

I am round house keeper of St. Giles's ; I lost my watch on the 27th of December, but I do not know how I lost it; I was informed the prisoner had it; I had it the morning of that day; I lost it at twelve at noon; I did not miss it till I heard it was gone the next morning; I put it under my bolster in my bed room, at St. Giles's round-house ; the prisoner Graves was a prisoner of mine; Mr. Reynolds told me that a soldier had stole my watch: the soldier was brought in that evening; there was two rooms; the prisoner was in the kitchen; the other room was not locked; the woman Smith had been there to the soldier, a corporal was there also who came to visit the soldier; the corporal went into the bedchamber with me to speak about Graves; I did not leave him there, but somebody came and knocked at the door, and I went out, and he went down with me; I believe I was down stairs about half an hour.

JANE AKENHEAD sworn.

I went with the corporal and another young woman; her name is Sarah Sleep ; we staid there for some time, and the master of the round-house took the corporal into his bed room to talk about the soldier ; he came out again, and Mr. Young went down stairs, and the corporal said to the other soldier,

"he is easy to be done," I saw the prisoner Smith take the watch, and put it in her pocket; we all went away together in about half an hour, and then they went before the Justice, and I went home.

Was there no conversation in that half hour about it? - No.

Did the corporal say much about it? - No.

Had not you all a curiosity to look at this watch? - No.

What sort of a watch was it? - I cannot say; I saw it put on the table; it was a white one; it looked like silver.

What did the prisoner Smith do with it after she took it out? - I do not know.

Did she lay it down again? - I do not know.

Who did you tell first of it? - The landlord of the house where I lodge; I went first to the Turk's-head, the corner of Plumbtree-street with the other young woman which was in the round house, and was there near an hour; I told nobody there; then I went home and told my landlord, and he informed the prosecutor; the landlord and me went that night, and the prosecutor was in bed.

What became of the corporal? - I do not know.

Do you know his name? - No; I went to the round house to Smith with Sarah Sleep ; Smith had lodged at our house two or three months, and Sarah Sleep had lived there two years.

SARAH SLEEP sworn.

I went in company with Catherine Smith and the last witness, and the corporal, to see the soldier.

What is his name? - I do not know.

What regiment does he belong to? - I have heard say he belonged to the first; we went up stairs and set half an hour in Mr. Young's room, and Mr. Young took the corporal into his bed room; after that Mr. Young was called down stairs, and he stopped the value of half an hour; while he was down stairs the corporal said, he was easy to be done; he mentioned it several times, and the soldier went in and took the watch and brought it out and laid it upon the table; Catherine Smith took it up and put it in her pocket, as far as I saw; nothing was said; the corporal took no notice; we stopped there a good bit; we went out altogether; I went to the public house first with the last witness, and left her there; Sleep went up to Litchfield-street; I did not tell any body; but when I came out, I heard the last witness had mentioned it.

When you was at Litchfield-street did you tell the Justice or any body that you had seen this watch stolen? - No.

Why did not you? - The other young woman said she would mention it.

WILLIAM PICKERING sworn.

I am an officer; I took the prisoners into custody on Monday the 29th; he was discharged that night; they fetched him from the Savoy; he was in custody there; I searched him and found nothing upon him; we had information of the woman, and told us the watch was taken from Graves's brother; the watch is here; I took Graves's sister into custody, and on the Sunday morning a duplicate was sent in a letter to Mr. Barnfather; I went to the pawnbroker's, and found the watch; the pawnbroker has it now.

ROBERT PAIN sworn.

Produces a watch pledged on the 28th of December, by a man who said his name was Thomas Williams .

Pain. It was pledged with me; it was not the prisoner.

(Deposed to.)

CHARLES YOUNG sworn.

I apprehended Graves on Wednesday the 27th of December, on suspicion of stealing half a crown of Mr. Reynolds, where this young woman lodged; and I took him to the round house; I saw the watch on the bed then; at six in the evening he was discharged; the next day I heard my father's watch was stolen by the soldier; at night I went and apprehended the woman and Sarah Sleep at the Turk's-head; the next day I took them to the Justice's, and they told this story going to the round house; they fell out, one said, you are as bad as me; Smith said before the Magistrate, he did not take the watch; on the Friday morning she said, that the corporal said, the owner was easy to be done, two or three times before that the soldier went in to take the watch.

Did you ever learn who the corporal was? - Yes, he was taken into custody, and bound over to give evidence against the soldier; he was given up to the military law, and is to receive the punishment.

Prisoner Graves. I never pawned the watch, nor never saw any.

Prisoner Smith. I was at my own door, and the corporal asked me to shew him the round house; he went up stairs; I never saw any thing of the watch.

The prisoner Graves called one witness to his character.

BOTH GUILTY .

Each transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-40

199. MARGARET BURN and AUSTICE BURN were indicted for stealing, on the 28th of December last, one printed linen gown, value 15 s. the property of James Stephenson .

MARY STEPHENSON sworn.

I am wife of James Stephenson ; I lost a cotton gown, in the night of the 28th of December; I came out of place and my husband took me to the house of the prisoner Margaret, to lay there; she said, we should lay in her bed, and she would go and lay with the other prisoner below; in about half an hour after my husband and me had been in bed, they broke open the door; I missed nothing then; it was between nine and ten when we went to bed; we were asleep; it was about ten, and her husband came into the room when the door was broke open; he had no candle; we went to sleep again; neither me nor my husband got up then, but about an hour after I saw Margaret Burn in the room with a candle; upon her knees, by the bedside, and she asked me if I wanted any thing to drink; and I told her no, and with that I missed my clothes from the chair by the bedside; they took my cloak, and my stays, and my apron, and my gown; my husband got up to look for them; I did not find my clothes; in the morning I went down stairs to the prisoner Austice's room, to ask for Margaret, and she said, she was not there, then I went down stairs and enquired after her, and I went up again to Austice, and she said, she knew nothing of her; and in the mean time, the man of the house called me down and gave me my cloak, my apron and my stays; his name is Akers, he is here; he gave me them out of a coal box; I went up again to Austice's room, and put on my stays, and apron, and cloak; she told me, she did not pity me, for I was very well off, to have got what I had; I enquired for my gown, but they said, they knew nothing of it; I went for an officer, and had Margaret taken up the same morning, the 29th; she had just come in; the officer took her, and a young man who was in the house gave a duplicate to the officer; the gown is here; I do not know where her husband is; they were not my acquaintances; my husband knew them; I never saw her husband but that time; I am sure it was her husband, because I saw him as plain as I see you; it was moon-light; I saw it was the man I had seen before; Mat, she said, was her husband; the second time I saw Margaret there, she brought in a candle; I never saw Austice at all in the room; we had one pot of beer before we went to bed.

PHEBE AUDLEY sworn.

The two prisoners came in between nine and ten on the morning of the 29th of December to pledge this gown; they said, one was aunt to the other; one gave it me, and then the other took it from me; they said, they lived in New Gravel-lane, which they did; these are the people; they came in and went out together; one of them said their names were Rice.

(The gown deposed to.)

DENNIS CRANNY sworn.

On the 29th I apprehended Margaret; and this duplicate Justice Staples gave to me to take care of; I do not know how it came there.

Mrs. Audley. I gave it to the Justice; it is the same I am sure.

BENJAMIN AKERS sworn.

On the 28th of December, I was out till half past ten; I keep the house; the prisoner Margaret has the garret; when I came home, Margaret had a gown below stairs; I saw it no more that night; in the morning the prosecutrix was making a noise, and was in her shift; I told her to go to the one pair of stairs; and Austice said, her husband had locked the door, and was gone out; and she went up stairs, and then Austice called me up, and Margaret was there, and had the woman's cloak, and shift, and stays, and she gave them to me, and I gave them to Mrs. Stephonson; these people have lodged four months in my house: they are both married.

Was Margaret's husband there that night? - Yes; I did not see him in the room with her.

PRISONER MARGARET'S DEFENCE.

I let these people my room; I went to get a pennyworth of beer and locked them in, and when I returned I found the door broke open; and in the morning the landlord's wife gave me the gown to pawn.

PRISONER AUSTICE'S DEFENCE.

I only went with her.

MARGARET BURN , AUSTICE BURN ,

NOT GUILTY .

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

Reference Number: t17870110-41

200. ROBERT TAPLIN was indicted for stealing, on the 30th day of December last, three pair of leather shoes, value 3 s. the property of John Staines .

JOHN STAINES sworn.

I keep a stall the corner of Little Turn-stile, Holborn , to mend shoes; about a quarter after seven on Saturday morning, the 30th of December, I went to my stall, and found the door open; I saw a man sit in the stall, and a man standing on the outside, about three yards from it; I desired the man outside to assist me, he would not; I pulled open the door of the stall, and saw the prisoner sitting on my seat with the shoes in his lap; he looked at me; says I, you villain, what do you do here; he came out with the things in his lap, and was making off; I seized him by the collar; the word was spoken, go and do him: immediately the prisoner struck with main force, cut my lip in half, and knocked three of my teeth out; I was all over blood; I let him go for fear of being murdered; I followed him at a yard and a half distance; and in Stonecutter's-alley he turned round and said, you b - gg - r, if you follow me, I will do you; and I caught him; he was never out of my sight.

Prisoner. I found the shoes; I did not strike him.

GUILTY .

Transported for seven years .

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

Reference Number: t17870110-42

201. PHEBE DOWNES was indicted for stealing, on the 6th of January , three pair of worsted stockings, value 18 d. the property of Moses Sampson .

The prisoner was met by the prosecutrix coming out of her yard where the stockings had hung to dry; and she went into the garret under a pretence, and they were found under the bed in that garret; she having been previously charged with the theft.

GUILTY .

Privately whipped and imprisoned six months .

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

Reference Number: t17870110-43

202. JOHN JONES was indicted for stealing, on the 10th of January , one wooden box, value 6 d. five pounds of green tea, value 2 l. 10 s. two pounds of coffee, value 2 l. 12 s. the property of Thomas Palmer .

JOHN BERINGERS sworn.

I was going to the Inn with a small box of tea, and two pounds of Turkey coffee, and four small parcels with it in the box; last Wednesday night, on turning down Friday-street , there was a man in a white apron and knot; he asked me if it was not almost time to leave work; and he asked me if I was going to the Saracen's-head Inn; I said, I was; he went down the gateway and I followed; he called out for John, the porter, I went down, he went over the way, and told me, this man in black, who was standing at the door, was the book keeper, but the door was not open; and said, here is a parcel: upon which the man in black swore, and said, why do you bring it so late? I cannot take it in; I said, then I'll take it back; however he put his hand in his pocket, and pulled out a key, and said, to John Jones , here, take the key, and put it in the warehouse; I pulled out my book for him to sign it and enter the parcel, which I always carry with me, but he said, he had no pencil, nor pen and ink; he then went down the inn yard, and I followed him; the box was not there; I then saw Jones, and asked him where the box was; he said, he knew nothing of it; I collared him, and he told me the book keeper is gone; and I must take the parcel to his house; it was going by the Dorchester waggon.

TITUS BEARCROFT sworn.

I am book keeper to the Dorchester waggon; I was at the warehouse; and all our men were loading the waggon at the time, they brought the prisoner down the yard.

ROBERT KEY sworn.

The prisoner came down the yard, and asked when the Plymouth waggon went out; and said, he had a truss going by the waggon.

PRISONER's DEFENCE.

I went down the yard to ask when the Plymouth waggon went out; and I heard the porter say, he had lost a box of tea, and I should pay for it; and charged a constable with me; I know nothing of the man nor the box.

GUILTY .

Transported for seven years .

Reference Number: t17870110-44

203. SARAH HALL otherwise SARAH HAMMOND was indicted for feloniously breaking and entering the dwelling house of Ann Sparkes , on the 11th of January , about the hour of four in the afternoon, no person being therein, and stealing two gowns, value 14 s. a bed gown, value 6 d. a shirt, value 4 d. a sheet, value 18 d. two waistcoats, value 2 s. 6 d. two aprons, value 5 s. a cloak, value 6 d. five handkerchiefs, value 18 d. and three pair of stockings, value 18 d. the property of the said Ann, in the said dwelling house .

ANN SPARKES sworn.

I went out at seven last Thursday morning; I left nobody at home; I fastened my own apartment; it is Mr. Lowe's house; he lets off two rooms; I was informed I was robbed.

ELIZABETH EDWARDS sworn.

I took the prisoner with a bundle of things; I first saw her at the bottom of my stairs; she said, the things were her's.

SARAH KEYS sworn.

I helped to apprehend the prisoner.

JOHN NEGUS sworn.

I am the constable; I said to the prisoner, old acquaintance, where are your keys? and there were fourteen keys found on the ground, and one in her pocket.

(Produced.)

(The things deposed to.)

Prisoner. I found the things.

GUILTY Of stealing only .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870110-45

204. SUSANNAH EDWARDS was indicted for stealing, on the 4th day of January , forty-six dozen of black lead pencils, value 3 l. thirteen pounds of ivory black, value 2 s. eleven pounds of black lead, value 3 s. 6 d. and three quarters of a yard of Irish linen cloth, value 6 d. the property of John Isaacs .

NOT GUILTY .

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

Reference Number: t17870110-46

205. ANN BENTLEY , wife of WILLIAM BENTLEY , was indicted for stealing, on the 23d day of September , one copper kettle, value 4 s. 6 d. one flat iron, value 1 s. and divers other things , the property of James Howard .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870110-47

206. WILLIAM MILLER was indicted for stealing, on the 20th of December last, one marble slab, value 2 s. the property of Thomas Cartwright .

The prosecutor called, and not appearing the prisoner was ACQUITTED .

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

Reference Number: t17870110-48

207. ANN MATTHEWS was indicted for feloniously stealing, thirty-seven pair of shoes, value 4 l. the property of James Bampstead .

THOMAS GRAY sworn.

I was fetched to the watch-house about twelve that evening; there was a fire; and a person was taken with a quantity of shoes; I saw the shoes there, and the person both; I ascertained them to be James Bampstead 's property.

JAMES RYAN sworn.

I am a watchman in Prince's-street, Leicester-fields; between ten and eleven, I met the prisoner with a parcel of shoes in her apron; I asked her, where she was going; she said, she was going home; I asked where she got them; she said, she got them at Mr. Bamstead's; I asked her, who gave them to her; she said, nobody gave them, she took them herself, because they were in distress, to keep them in safety; because the house was on fire; I asked her, where she was going to; she said, she was going home; I said, I should take her to the watch-house, and the shoes to Mr. Bampstead's, that was the properest place; I took her to the watch-house, and went to Mr. Bampstead's, and the foreman came between ten and eleven, and owned the shoes to be Mr. Bampstead's property. (The shoes produced, thirty-seven pair.) These are the same shoes that were produced at the watch-house.

( Thomas Gray looks at the shoes.)

Gray. I looked them all over at the watch-house, and they are all Mr. Bampstead's property.

Prisoner. I wish Mr. Gray would give me the character I deserve? - I have known her about a twelvemonth; and I have heard a number of people speak well of her; and I never knew any thing amiss of her before this; she is belonging to a man that did work for Mr. Bampstead sometime; she worked for him; she lives with a man, either as his wife, or lived with him as such; she then worked for Mr. Bampstead at closing the upper leathers, about six months before this time; she was not employed to take care of the things at this time, as I know of; I detected her before I stopped her with these shoes; she had another bundle, before, I spoke to her, she dropped it; when I saw her at the watch-house, I knew her again.

PRISONER's DEFENCE.

I went to help Mr. Bampstead in his distress, as me and my husband worked for him.

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

GUILTY .

Imprisoned six months .

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

Reference Number: t17870110-49

208. BENJAMIN BURN was indicted for stealing, on the 18th of December , two pieces of beef, value 11 s. the property of Edward Stephens .

The property could not be identified.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-50

209. MARY BRUNDIFF was indicted for stealing, on the 25th of December , one silver watch, value 50 s. a chain, value 6 d. two seals, value 2 d. a key, value 1 d. and three shillings and sixpence in monies , the property of John M'Auliffe .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-51

210. RICHARD ALLEN and JAMES USHER were indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Eley , on the 1st of January , about six in the night, and burglariously stealing therein, five pair of cotton stockings, value 5 s. his property .

JOSEPH ELEY sworn.

On the 1st of this month, about six in the evening, a man was coming by, who I saw before loitering about, and he smote his arm through the window, and took out five pair of cotton stockings; three pair of them were marked in the feet; here are witnesses who saw him break the window, and take the stockings; I came into the shop; at the time I heard the window break, I was in the back room; I saw the prisoner run away, but I could not catch him first; he was stopped before I got him; I did not see any thing taken from him; I saw the witness William Webb bring something that he said was taken from him; there were five pair of cotton stockings; they were my property; they have my mark upon them; three pair of them were marked with ink on the feet, R. F.

WILLIAM WEBB sworn.

About half after five in the afternoon, I saw the prisoner Usher standing, and when I returned he stood in the same place; I stood about ten minutes, and he walked backwards and forwards, and looked in, and now and then put his elbow against the window; then there came by some drays, and then he crossed the way to the other, whom I had seen opposite, and I heard him whistle for him; he then stood about three minutes, and then Allen crossed over to the shop, and Usher stood in his place, and Allen likewise walked backwards and forwards two or three times, looking in at the window; then a waggon came past and he knocked in the window, and took out five pair of stockings, and put them under his left arm; I saw him do it; I ran to stop him, and I could not, he ran too fast; I cried out stop thief; and immediately Mr. Hanwell's man came up and took him; then Usher ran after Allen, and I took hold of him also.

Before this, did you see the prisoners talking together? - Yes, Sir, I did; but I did not know what they talked about; they might be about three or four minutes together; I did not see him drop them.

JAMES KIRK sworn.

As I was coming along with my horses and waggon, about six in the evening, I saw a man stand opposite the window, and just as the waggon came on, the man broke in the window; that was the prisoner Allen; I saw him drive his elbow through the window, and take up a bundle of stockings; I stopped my horses immediately, and ran after him, and caught him, and when I was within five yards of him, he threw down the stockings on a dunghill; I saw him throw them down, and he ran into a corner, and hid himself; I saw a man pick up the stockings, and deliver them to Mr.

Eley; I saw them brought to the door to him; the prisoner had them under his waistcoat on his left side; and he took and threw them down; he never was out of my sight after he dropped the stockings.

WILLIAM WHITEWAY sworn.

I took charge of the prisoner, and have had the property ever since, they were brought up by a neighbour, who is not here; they were delivered to me when I took the prisoner into custody; Mr. Eley and Kirk were present.

Court to Prosecutor. Did you see the stockings that were picked up, delivered to the constable? - I did, they were the same that were brought to me when the prisoner was taken.

(Deposed to.)

Prosecutor. About half an hour before they did the fact, I asked them whether they wanted any thing in my way; they made me a very odd answer, says Allen, yes, d - n my eyes, we shall want something by and by; and in half an hour they did the fact; they were both together then.

PRISONER USHER'S DEFENCE.

I was coming home up Butcher-row; there was a disturbance in the street; there was a pane of glass broke; I heard them call out stop thief; I ran with the rest, and they caught hold of a man and said, he was the man, and said I was his comrade, and they took me away; I never saw any thing of him in my life.

PRISONER ALLEN'S DEFENCE.

I was coming along; I was taken short and went to ease myself, and they took me.

The prisoner Usher called six witnesses to his character.

BOTH GUILTY , DEATH .

The prisoner Usher was humbly recommended to mercy .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-52

211. JAMES LESLIE was indicted for that he, being one of the officers of the excise of our Lord the King, after the 29th of September, 1783; to wit, on the 2d of March last, with force and arms, being such officer of the excise as aforesaid, unlawfully, knowingly, and feloniously did give and grant a certain false and untrue permit, for removal of seventy-five gallons of foreign brandy, being an excisable commodity, from the stock of one Catherine Bolton , widow , a dealer in such commodity; and to be received and had into the stock of one Thomas Hardy ; against the statute.

He was also charged in three other counts for the like offence.

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

Counsel for the Crown.

Mr. SOLICITOR GENERAL, Mr. SERJEANT WALKER, and Mr. SILVESTER.

Counsel for the Prisoner.

Mr. PLOMER and Mr. GARROW.

JOSEPH NORRIS sworn.

I am the permitter of the excise; I know the prisoner; he was a brandy officer of the excise; in March last I was in the same division; in the eleventh division, in the permit office, in Lancaster-court, in the Strand ; on the first of March last, the prisoner came to me with a request note; this is the note which he brought in his hand to me.

(Produced and read.)

"Permit Thomas Hardy , Cullum-street;

"one cask F. Brandy 75 gall, part stock

"of Cath. Bolton, Golden-cross, Charing-cross;

" William Claridge , cellar-man,

"March 1st, 1786; go by cart."

In consequence of that request note; did you give that permit? - I did.

Who did you deliver the permit to? - To the prisoner, who is the officer, who brought the request note.

When did you see the prisoner again? - Not that night; I saw him again the next morning; he came between seven and eight the next morning into the office; he then took the permit out of his waistcoat pocket, and said, he had carried that permit to Bolton's last night, but they had altered their minds, and would not send out the goods till the next morning; he then said, I wish you would write another and I will take it down to Bolton's, and give it to Claridge; I then took the note, and told him there was some before, they must stay till their turn; the prisoner said, then give me your foreign book, and I will write it; in the hurry of business any officer makes out permits; he sat down and wrote, but before that, he says, which is the file where the note is? I said, this is the file; because says he, I shall alter the day of the month, from the 1st to the 2d; this is the request note, it stood the 1st when I wrote it, and now there is the number 2 over the No. 1; when he had done that, he sat down and wrote, and cut the permit out of the book, and I saw the permit in his hand; this is the permit book in which it is wrote; he then said he would return the permit which I had granted the day before, and write another; when it is wrote it is cut out of the permit book; he returned my permit and signed it.

Where is that? - When he signed it, I had nothing more to do with it.

Look at that book? - Here is the word return in this permit book, which the prisoner wrote himself, upon the checque that I granted at first, the prisoner in his own hand writing has written returned; the prisoner himself kept that permit; it was his business to keep it after he had wrote returned upon it; he said he was going to Bolton's, and he would take the permit with him, and give it to Claridge; he cut out the permit after he had filled it up, and I saw the permit in his hand; I saw him write in my book; this is the permit; this is the prisoner's hand writing.

Is that agreeable to that checque of the 2d of March? - It is; both the counter part and the permit are of the prisoner's hand writing; I know the prisoner very well, he has been in the office seven or eight years.

How long have you been in the same place? - Three years.

It is not usual for the stocking officer to assist in granting permits? - Very often in the hurry of business.

I believe it is often usual for the trader to apply to the stocking officer to get a permit for him? - Very often.

A trader some times sends his porter or any body to the office, with a request note for a permit? - Yes.

There is a railing that divides you from the person that comes to apply? - Yes.

He delivers in his request note? - Yes.

Sometimes he is seen through the rail, sometimes he sticks it on the rails, and asks how long will it be? - Yes.

The permit writer is governed by the request note, and then looks at the credit book? - Yes.

I would ask you, if it does not frequently happen, that persons who are unknown to the permit writers, bring these request notes? - They say they come from such a trader and this is the note, and how long will it be before it is done.

Very often they are porters, or persons that you do not personally know? - Yes.

Then you or any body may be deceived in that way? - They may.

Suppose any body should send a porter to the permit office, whom you do not know, but with a request note, you look at the credit book, and you grant the permit, though you do not know the person that brought the request note? - I do.

On the 1st of March you had granted a permit of this very quantity of liquor from Bolton's? - I had, which Leslie came back and said it had never been out of his possession; there was an entry made of returned, and it could not be made out after that.

Is not the permit which you have produced upon the proper excise paper? - Yes.

If the request note was a good one, and had been really Mrs. Bolton's request note, then this permit was perfectly regular, was it not? - It was.

It was properly filled up, and properly signed, and perfectly regular, the only doubt was about the request note? - Yes.

I believe it sometimes happens that a porter or trader, delivers to the stocking officer the request note; and then the stocking officer having communication with the office, he delivers it to the office and gets the permit? - He does sometimes.

Who keeps the credit book? - It is in the permit book as a guide to the permit writer.

Have you got the credit book here? - No, I have not.

Does your permit differ from the permit in question, in any other respect than the day of the month? - No, it is exactly the same; he said he should only alter the day of the month from the 1st to the 2d.

Do you remember a former instance of a request note, signed by this Bolton to Hardy, No. 66; see if that is your hand writing? - (Looks at it.) - It is my hand writing; I cannot say who brought this; this is a request note of Thomas Hardy , of Cullum-street, to Catherine Bolton of Charing-cross; that is January 1786; sixty-four gallons; that was granted by me upon some request note.

Mr. Walker. Who was the stocking officer at Mrs. Bolton's? - Mr. Leslie, the prisoner at the bar, called upon me the 1st of March, and he brought the request note and gave it to me.

Who keeps the credit in the books of stock? - The stocking officer; he puts in the credit; what credit they have.

What means has the stocking officer to know whether the request note be right or no? - He can tell by this book; on the 2d of March, between seven and eight he came again.

JACOB HARPUR sworn.

I am a surveyor of the excise; the prisoner was an officer under me.

Was it his duty to stock Mrs. Bolton? - It was, he was the stocking officer of that division.

Tell the Court what you know of this transaction? - I went up into the permit office, some time from the 2d of March to the 13th of April, I cannot pretend to say what day, to examine the notes; when I went up, Leslie the prisoner followed me up; I asked for the file where the notes were filed on; it was given to me, and I found a request note, dated the 1st of March originally, and a figure of 2 was made over it; the 1 was not put out; I made a query on it; the prisoner acknowledged that he altered it; I told him it might be attended with bad consequences; I rebuked him; he said he could not think there could be much harm in altering the note; I told him it would be well for him if it did not; then I left the permit office, and went about my usual business; on the 13th of April, I compared Leslie's permits which he had taken up at different houses.

Mr. Garrow. Have you got them here? - No.

Then we must not hear of them as they are not evidence.

Mr. Silvester. What is become of the permits? - They are lost.

Mr. Garrow. If they were here, I should submit they are no evidence in this case? - In examining these permits, Leslie read in to me 129 gallons to Mrs. Bolton.

Court. Give us some more account about reading in? - He compared the books; I had the stock book in my hand; and he had the permits; and he read to me 129 gallons into Mrs. Bolton's stock; I do not know whether he particularly mentioned Dunnage's stock then; we were examining every body's stock, and this was in the course of the reading.

What did you suppose him reading from? - I supposed him reading from a permit; I remarked the quantity; says I, let me look at that permit; says he, it is no matter, it is no permit at all; then he said, he

had lost the permit; I told him if he had lost it, I suspected it was no permit at all; he shewed me the paper; this is the paper; I was going to make a memorandum of it; he said he would save me that trouble, for there was no such permit ever came, and that nobody knew any thing about the matter but himself.

What was to be the effect of your memorandum? - In order to go and search if such a permit was ever granted from Dunnage or not; from his stock; in consequence of this after he declared that to me; I told him I should go and take Mrs. Bolton's stock; it was read into me as so much stock posted to her credit from Dunnage; he begged I would not go and take Mrs. Bolton's stock; he said if I did go, that it was all over with him, or words to that effect; and he threw down the book on the desk; he requested me to let him go to Claridge to get the increase out of the way, for I should find about 20 gallons increase; Claridge is the cellarman to Mrs. Bolton.

Mr. Garrow. I desire the Court will give me leave to ask a question, to see whether any part of this history that we have had applies; when was the whole of this written? Was it produced to you in that state at the time that he produced it to you? - It was.

What is meant by the words 16th of March? - I do not know.

Does that appear to be the date of the permit upon which the quantity had been removed? - I do not know.

Does not that paper import that the removal was on the 16th of March? - I do not know what that was for at all; his books were lost, so that I cannot charge my memory.

Mr. Silvester. He told you there was no such permit? - He did; I told him I never should agree to any such thing; and he run away to Mrs. Bolton's; he was rather in the house before me; he had got down into the cellar; I went down after him, and went into the cellar, and took the stock; he desired me to make it as easy as I could; when I got there, the prisoner was much confused, and so was the cellarman indeed, who said he did not know the consequence of it; I took the stock in a very circumspect manner, and upon balancing the same afterwards at the office, I found fourteen gallons increase of foreign brandy.

Had you any conversation with him before you left the office, at any time about this transaction with Hardy? - Yes, but I do not know that Hardy's name was particularly mentioned; it was concerning the matter in the books.

Was there any thing concerning this permit now in question? - I told him on the 13th of April, that I should not only go and take Mrs. Bolton's stock, but I should likewise ask her whether she ever dealt with such a person as Hardy, or whether she ever sent any such quantities; he replied as I had no occasion, for it was all his own doing entirely; for Mrs. Bolton nor Claridge, nor Dunnage, knew nothing about it; and he would clear them of every thing; when we were at the house, I told Claridge what had passed between us, and the cause of my coming; he declared in the prisoner's presence, that he knew nothing at all of it, nor had he sent any such quantities; I told him I thought it was right for me to acquaint Mrs. Bolton of it; I went up stairs, and told her the whole circumstance.

Was the prisoner present? - I believe he was, but I am not positive.

Explain to us the consequence of conveying this idea of stock from Dunnage to Mrs. Bolton?

Mr. Garrow. That is mere matter of opinion, and I object to it being put in that way.

Court. To be sure that is only matter of opinion, that the Jury will form as well as he.

Mr. Garrow. How long have you served in the district where the prisoners has been the stocking officer? - Three years or thereabouts.

He has been under your immediate controul and direction? - He has.

How often is it usual for you to examine the state of the permits? - At all opportunities that I thought proper; but once in a month that is the usual way.

After you have examined them, there is another examination at the excise office? - I apprehend so; I suppose the permits are sent there as a checque upon my examination; I have been three years in that division; I have officiated before; I have been about twenty-seven years in the employ.

Does it frequently happen that a permit is mislaid? - Often times.

When that is the case, how is that quantity which would appear to be an illegal increase accounted for? - If these permits that are missing cannot be found, they are reported by the surveyor to the board, lost or mislaid.

That is a subject of considerable blame in the officer? - Yes.

Then he is bound to give you some account? - To be sure.

As in the present instance, the prisoner gave you an account from Dunnage? - Yes.

Take this paper? - He read this to me for 129 gallons of brandy, consigned to Mrs. Bolton from Dunnage's stock.

What is the meaning of the word Thompson? - I imagine it to be the permit writer; there is a permit writer of that name; I have known him many years; he is not here.

Is he in Dunnage's division? - I do not know.

Does it not appear to you, that it meant to convey this information to you, that upon the 16th of March such a permit had been passed? - I cannot give any explanation about it; this is a memorandum of the prisoner's in order to deceive me in reading in; or it is a paper of his own.

Did not you understand that memorandum to import, that on the 16th of March such a permit had been wrote? - I cannot say what it was for.

Can you find any number upon it? - Here is 119, which is more likely to be the number of the permit than the 28; to my recollection that 129 gallons was entered before the 2d of March; the book is not here; I did not know Dunnage, I believe he is in the second division.

CATHERINE BOLTON sworn.

I keep the Golden-cross, Charing-cross .

Do you deal with any person of the name of Thomas Hardy ? - No, I have no dealings with any such person; if any such was had, it was without my consent.

Are you a dealer in foreign spirits? - Yes.

Under whose survey was you? - The prisoner's at that time.

WILLIAM CLARIDGE sworn.

I lived with Mrs. Bolton last March; I have lived there between six and seven years, cellarman and waiter.

Did your mistress ever deal with Thomas Hardy ? - Not to my knowledge.

Did she ever desire you to make a request note to carry any goods there? - No.

Look at that, is that your hand writing? - No.

Do you know the prisoner? - Yes.

Who was the stocking officer last March to your mistress? - James Leslie was there at times, since that and before.

Mr. Plomer. I believe you used sometimes to send the request notes by the porter? - Yes, the first that came; if the porters were not in the way I carried them sometimes myself.

Serjeant Walker. Who wrote these request notes? - I cannot say.

Did the prisoner come to your house on the 2d of March? - I cannot charge my memory with any particular time; he was there with Mr. Hubbard, but what day I cannot tell; they came to take stock; they gauged every cask of wine and spirits.

ISAAC PACKER sworn.

I am an officer of excise; I survey Mr. Hardy in Cullum-street.

What is he? - A dealer in brandy; I served him as such.

What is that you have in your hand? - A permit for seventy-five gallons of brandy to be received into the stock of Thomas Hardy .

Did you receive it into the stock? - I did, and gave credit for it accordingly.

Look at that paper, is there any thing in the substance of it? - Yes, the words excise office; Hardy is since dead.

Mr. Garrow. You know nothing how Hardy got that? - No.

Was it filled up as it is now? - It was a regular permit, filled up.

Mr. Silvester. By virtue of that paper you gave him credit for seventy-five gallons of brandy? - Yes; I took it in by virtue of this permit.

(Read.)

"No. 138, Lancaster-court; 3 1/4 86.

"J. Norris, 11th division. Permit Thomas

"Hardy, Cullum-street, to receive

"one cask of foreign brandy, seventy-five

"gallons, No. 100, part of the stock of

" Catherine Bolton . Witness my hand,

"this 2d day of March, 1786. This permit

"to be in force one hour, for the

"goods to be sent out from Mrs. Boulton's

"stock; and two hours more, for the

"same to be delivered and received into

"Mr. Hardy's stock."

Prisoner. I leave it to my counsel.

Mr. Garrow. If you wish to explain to my Lord and the Jury, how this transaction was, you must do it yourself.

Prisoner. I received a paper from a porter, who came and requested a permit for seventy-five gallons of brandy; I carried it to Mr. Norris, who wrote the same; I carried it to that person, who brought it back and said, he wanted another for the next morning; I wrote the other by Mr. Norris's desire, and delivered it to the person who came for it; now, if this note had been a false note, so long after as a month or six weeks, it might have been destroyed, but I believe it to be a true one; it was fairly wrote and posted as the usual course of business was.

Mr. Garrow, to Norris. Had the prisoner an opportunity to destroy this note if he chose it? - He certainly had; it was upon the file hanging up openly in the office; he had abundant opportunities; he could come at the file if he chose; if the note had been gone, there would have been nothing to have answered to the counter part of the permit.

Mr. Garrow. It would have appeared by your counter part that the first of these permits had been granted at the request of the trader? - Yes, the second would have appeared to have been made on the other, and the request note lost.

Mr. Plomer. Does it not often happen that the request notes are lost? - I do not know of any.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17870110-53

212. RICHARD NOTELY , ROBERT RICHARDSON , and LUKE HURST were indicted for burglariously and feloniously breaking and entering the dwelling house of Christopher Stephenson , about the hour of four in the night, on the 21st of December last, and burglariously stealing therein, two plated butter boats, value 1 s. a leather bag, value 1 s. twenty-four guineas, value 25 l. 4 s. and sixty shillings, the property of the said Christopher; one bill of exchange, value 10 l. one other bill of exchange, value 18 l. a promissory note, for 159 l. 10 s. and one other bill of exchange, value 117 l. 10 s. the said bills of exchange and promissory note being the property of the said Christopher, and

the several sums thereon unpaid to him ; against the statute.

(The case opened by Mr. Silvester.)

(The witnesses examined apart.)

Capt. CHRISTOPH. STEPHENSON sworn.

I live at No. 26, Wapping-wall ; on the morning of the 22d of December last, I thought I heard a noise below, under where we sleep, a little before five, or about five; I got up and threw the sash up, and called the watch, but no watch answered; a man was walking, and I called to him, and he told me there was one window wide open; Mrs. Stephenson got the rattle, and alarmed the neighbourhood, and we all went down and found the window broke open; it was done by force; and a very strong plate bolt that had a shoulder which went into the window for security, was wrenched off; and they had taken it away with them; we never saw it since; my desk was broke open, in which was a Dutch tobacco box, tin japan, in which was a little bag, made of the top of a woman's glove, in which was twenty-five guineas; though there were only twenty-four in the indictment, and between three and four pounds in silver; the tin box and the contents were all gone, and my pocket book with bills, which I have never recovered since; I have a memorandum of them; I have a regular bill book; there was one bill due the 2d of January, for eighteen pounds; there was another for twenty-four pounds, due the 24th; there was a note of George Morris 's, due the 10th of this month, for one hundred pounds; there was a bill for one hundred and seventeen pounds, ten shillings; that was over due; I kept it for security, and many other papers of great consequence to me; they were all taken in the pocket book, and I never found any of them since.

THOMAS COLE sworn.

I am an officer.

Look at these three men? - I know them all three well.

When did you see them before the 22d? - The 21st in the morning.

Where did you see them? - I saw Notely and Hurst at the sign of the Wheat-sheaf, at one Mr. Wishing's; between eight and nine in the morning; they were drinking purl; the next morning I had information that Mr. Stephenson's house had been robbed; the prisoners were apprehended on my information; I apprehended Notely and Hurst; I found nothing upon them.

JOHN ORANGE sworn.

I heard of this robbery; I apprehended Notely: I had a search warrant, and went to Notely's house, and in searching his house I found this chissel; I then left him, finding no property, and desired him to come to the Virginia planter, in half an hour; he came in about an hour; I took him to the prosecutor's, and there was some marks of feet on the chair; and when he came, I went with him and Mr. Elby to the prosecutor's house; when we came there, I desired Mr. Notely to put his foot on where the marks had been on the chair; accordingly he did; I held his foot, and guided it to the place where the mark had been; it seemed to me to appear to be the same foot which had been there before; I then went out of doors with Mr. Elby, and we matched the chissel, with the place where the window shutters had been broke open; I found the chissel exactly sitted the place.

Mr. Garrow, Prisoner Notely's Counsel. Did you produce your search warrant to him? - He said he could not read, nor his wife.

Did you read it to him? - Yes.

Did he oppose your searching the house? - No.

He came without being in custody? - He did.

You do not happen to be a carpenter? - No Sir.

Because you could have told me if this

is not a very common chissel? - A very common one, and very well hardened.

Mr. Knowlys, Counsel for Richardson and Hurst. That is a very hardened observation.

Mr. Garrow. There had been a good deal of force applied to this shutter? - A good deal of force; it is a slight bolt.

But what say you to the shoulder? - I do not understand you.

What sort of a mark was it on the horse hair? - There were three marks of three different people's feet on the horse hair; the print of dirty feet.

Did it occur to you to try your own feet or Mr. Forrester's whether they would fit? - No, I did not think there was any occasion to try our feet; I perceived my own foot would not fit it.

Perhaps my foot would have fitted it just as well? - Perhaps it might.

Why do you mean to swear you know the length of my foot? - No.

Did you know Peters before he was tried at Winchester? - No, Sir, I did not.

How long have you known him? - I have known him six or seven week.

WILLIAM WATTS sworn.

I am a seaman.

Do you know these three men? - I know two of them, Notely and Hurst.

Did you see any thing of them on Friday the 22d of December last? - I was going to work, and I saw the window open, and I looked in, and I saw three people in it; that was between four and five on Friday morning the 22d of December.

Whereabouts was this house? - It is just by Pelican stairs.

Do you know who lives there? - I really do not know.

Have you heard since? - No, I have not; I saw the parlour window shutters open, about two or three inches; I saw one with a dark lanthorn in his hand, and one of them called him by his name, Notely, hold the lanthorn this way that I may see.

Did you know him before? - No; I went a few doors off, and I stood, and the three people jumped out of the window; and there was a fourth man walking backwards and forwards on the other side of the way; two of these men were in the house, Notely and Hurst; I cannot tell who the third man was, for I was afraid of calling out; and I did not observe who the fourth man was; they ran down towards the waterside all four of them; I heard a piece of iron fall, and one of them stopped to pick it up.

Mr. Knowlys. What are you? - I am a seaman; I was at Greenland last year, and I had been working in a ship.

The window shutter was just open enough for you to see a dark lanthorn? - Yes.

This they left open on purpose that you might see them as they were committing a felony? - I cannot say that.

You believe they did, do not you? - I do not know.

However they had a lanthorn with them? - Yes.

Did they see you? - I do not know whether they did or no; I stood five or six doors off.

You were very much frightened at this? - Yes.

They ran away as fast as they could? - Yes.

They stooped to pick up a thing that fell down, in order to be better observed? - I cannot tell what for; I walked on about my business; I did not know it was any affair of mine.

How far was the watch box from there? - I cannot tell; I only know the place by going to work; I saw no watchmen after I went up Fox's-lane.

Then you saw one in Fox's-lane? - Not to my knowledge; I saw none at all.

Was not there a knocker to the door of this house? - I did not go back to look; I did not know that the house was robbed till some time afterwards.

Then you saw three men with a dark

lanthorn in a room, and they jumped out of the window? - I did not know that the house was robbed till some time afterwards, till I heard it was robbed.

Do you know a Mr. Wolfe? - No, I know no such name.

Who was it bailed you? - Mr. Fletcher.

What did he bail you for? - That I might come up here at sessions.

What occasion was there to give bail for you, that you might come here? - Because I should not lose my work.

Who is Mr. Fletcher? - A gentleman that lives in the Highway.

On the highway! what business is he? - He is a gentleman in the office.

He is a common thieftaker is not he? - I do not know what he is.

Is not he a runner to the office? - I do not know what he is.

Upon your oath, do not you know Mr. Fletcher is one of the runners to that office? - No, Sir, I do not know any such thing.

Then how came he to bail you? - Because they told him the whole of it.

When were you with Mr. Orange and Mr. Forrester? - I saw them over the way to day.

When did you see them before to day? - Yesterday, and the day before yesterday; I had not seen them before this week; I was at work.

You have seen them several times since this affair happened? - No, Sir, I have not, only since Monday.

Have you had no conversation with them? - No, never in my life; I never was before a Justice in my life.

Never about rewards? - Never have.

Mr. Garrow. Are you the man they call stuttering Bill? - I never was called by such a name in my life.

Was not you before Mr. Smith the Justice, in East Smithfield? - For a wrangle, or a quarrel.

Was not you before Mr. Smith the Justice on a charge of felony? - No, never in my life; I was there for striking a girl; I never was before any Justice for any harm.

What girl was it? - A young woman that I live with.

In short the lady that has the good fortune to be kept by you? - No, Sir, she was married to me at Liverpool; it was some day last week.

Now, upon your oath, did not Forrester and Orange bail you? - No.

Will you swear that? - Yes.

Who bailed you upon that charge? - Nobody at all.

How came you at large? - I discharged my warrant.

Was not you bound over to the session? - No.

Did not Orange and Forrester pass their words for you? - No Sir.

Who might you be at work for that morning? - I was going to look for a day's work.

The window was open two or three inches? - Yes.

So you took a peep in? - Yes.

I dare say you never saw shutters open two or three inches without looking for some of the loose things; was there a dark lanthorn? - Yes.

Was the lanthorn darkened, you know what a dark lanthorn is? - I saw light in the lanthorn, Notely had hold of it.

So you heard them call out, Notely, hold the candle more this way? - Yes.

Why they were talking loud, were they? - So loud that I could hear; the other man was right over the way, at about as far as I am now.

Did not he threaten to give you your gruel? - No, he did not threaten me; he did not speak a word to me.

He saw you peeping and loitering, and then you went about a door or two distance, and they went away; it was your young woman that gave you that black eye I suppose? - No, it was not.

How soon did you tell any body of this? - I spoke of it the next morning to three or four seamen.

I suppose you told them, I saw Dick

Notely, and two or three other scamps in the house? - I said, I saw three people in the house.

Are any of these young men here that you told it to? - No.

What was their names? - I do not know their names; it was as I was going to Limehouse, going to see for work.

Did not you tell them that one of them was Dick Notely ? - I suppose you want me to perjure myself.

Did not you tell them it was Dick Notely ? - No.

You kept the name mum, snug as could be; how soon did you tell it to Orange or Forrester? - Two or three days after.

Where did you meet with them? - A parcel of seamen told me that if I did not go up to the office and tell of it, I should be taken up for what I saw in the house; If I did not divulge it; then I went up to the office, and spoke directly.

Were any of these men taken up before you went? - Not that I know of; I spoke to Mr. Fletcher about it; I only knew Mr. Fletcher by sight.

When might you have seen him? - He came into several public houses where I had been drinking.

How came they to require any bail for your appearance? - That I cannot say.

What charge was there against you? - None at all that I know of.

Mr. Silvester. Was there any charge against you? - No, none at all.

Orange. Mr. Staples was the Justice, he required security for this man and Peters to appear at the sessions; there was no charge at all against this man.

Court. Was there no charge at all against this man as an accomplice? - No, my Lord, I am positive of that.

JOHN MORRIS sworn.

I live right over the way, opposite to Captain Stephenson's; he lives at Wapping-wall; that is seven or eight yards from Pelican stairs.

Now, the morning of this robbery what did you see? - I heard the noise of the rattles, and I saw three men run by.

Do you know the persons of either of them? - No, I do not.

Did you see where they came from? - No.

Court to Watts. Did you know any of these men before you saw them in the house? - I never saw them before, none of them.

What was it you heard the other man say to Notely in the house? - He said, hold the light this way.

What did he call him? - He called him Notely, hold the light this way.

You heard no more? - No.

Did he say any thing more than Notely? - No.

You did not know any of the prisoners before? - No.

Then how came you to say before the Magistrate that you knew one of the men by name to be Richard Notely ? - Because he called him Richard Notely .

Then why did not you tell me that before? - So I did.

Can you give me any reason why you did not tell that before, when I particularly questioned you; upon your oath did not you know these men before? - I never did know them.

When were you in company with them afterwards? - I saw one of them in a public house the night afterwards.

Who was that? - It was Hurst, that young man with the blue clothes; he was telling some people that they did not get above forty pounds in money.

How came you in company? - I was drinking a pint of beer with two or three seafaring young fellows.

What is their names? - They are gone to sea; I cannot rightly tell their names, no farther than seeing them on board a man of war; I did not see them join the other two; I saw four people run away together, and they ran down to the water side.

What did you do upon that? - I walked away directly.

Then did not you follow them at all? - No, I did not.

You did not go down to the water side at all? - No, Sir, I did not.

How near was you to Pelican stairs? - Within four or five doors on the other side of the way.

You saw them run to Pelican stairs? - Yes.

Did not you go down to look? - I never went to the water side.

You are quite sure of that? - Yes, I am.

Nor see what they did when they went down to Pelican stairs? - I did not see any farther than I heard them make a noise in the boat; I did not stop to listen at all; it was a noise as if they were going to push off the boat; I cannot be sure I saw them go off; there were a great many boats rowing about.

Do you know Pelican stairs? - I never was there in my life.

How far is it from Fox's-lane? - Not very far.

How far? - I cannot rightly tell; Fox's-lane comes down to the water side.

This is the street where the houses open directly down to the water side? - No, Sir, it is six or seven doors where I saw it open.

Mr. Silvester to Captain Stephenson. How far is it down to the water side from your house? - There are six houses between our house and Pelican stairs; the passage down to the water side is thirty-five yards; it is very narrow, and makes it look longer; I do not think it is so much neither; it is about the length of the breadth of this Court.

Mr. Garrow. Are not there a great many lighters at those stairs? - Commonly crowded with lighters, all from our back door to the stairs; I wish them stairs were filled up, and so do the neighbours; for there is none plies there but bad people.

RICHARD MORRIS sworn.

I live opposite Captain Stephenson.

Did you see the persons come out of the window? - No Sir, I saw them run by, but it was dark; but I could not discern to tell who they were; they stopped at Pelican-stairs as we thought.

Court. Was that after the rattle was struck? - Yes.

Court. Then that could not be the prisoner.

THOMAS PETERS sworn.

Mr. Knowlys. How long is it since you was convicted at Winchester? - Last March.

What was it for? - For house-breaking.

House-breaking! - Aye.

Why you say that bluntly, as if you gloried in it; do not you go by the name of Parrot? - No.

Have not you ever? - No.

What are you in custody for now? - For seeing them three men robbing a house.

Mr. Garrow. Do you know Mr. White of Winchester? - Very well.

What is he? - A gaoler.

Are you the man that he describes to be five feet eight inches high, as great a rogue as ever was unhanged? - There are some almost as big rogues as I am; I know the three prisoners very well; I have known Hurst some time past; I have seen the other two playing skettles at the Black-boy, in St. Catherine's; I was coming from Rotherhithe, and I landed at Pelican-stairs; Luke Hurst had got an old boat, and I saw Luke Hurst and Noteley in the boat, and they came out of the boat, and Robert Richardson was standing at the top of the stairs; I saw no one else that I could mention; I saw either four or five; I am not sure which, but I saw them three prisoners in the house; I saw them go on shore; I spoke to them on shore; then they left me and went up; they did not tell me

where they was going to; the three prisoners went up; there was another man, but I cannot tell his name; I stood there talking to him at the stairs, for four or five minutes; so when I went along four or five doors from Pelican-stairs; I saw a window shutter open, and I looked in and saw these three people in the house; I saw them opening a mahogany cupboard in the corner directly; there was a man a head walking about; and presently I saw the whole three come out of the house; and I went home about my business; I am positive sure them are the three men.

Did you shew the house to any body after that? - Yes, the Justice sent Mr. Forrester with me, and I shewed him the house.

Did you go before the Magistrate? - Yes.

When? - The day after boxing-day.

Mr. Knowlys. You went yourself to the Magistrate? - Yes, I acquainted Forrester the officer first, and he desired me to go over to the Magistrate.

Then that was the only occasion that brought you before the Magistrate? - No, it was not.

What other occasion? - I was taken up for being disorderly.

What you had not got into the right train yet? - I do not know what you mean by the right train.

What was your being disorderly? What was your disorder? - I have no disorder upon me at present.

What was you taken up for last? - A beadle took me up; I was going down on board of my ship, and I happened to have a match, a steel, and a tinder-box, and a little tinder to strike a light; but nothing else was found about me; I was taken up about half after four.

Was it not between three and four? - I do not know whether it was or not.

You saw a cupboard they were opening? - Yes.

A mahogany cupboard? - I cannot say it was a mahogany cupboard; I knew it was a cupboard.

Did not you get into the house to see if it was a mahogany cupboard? - I shewed the officer the house; I dare say it was a mahogany cupboard; it was the colour of mahogany.

Then you saw the colour of it very plainly, which made you think it was mahogany? - It looked like it.

You saw it very plainly? - Yes, yes.

What light was there? - Am I witch, to tell what light there was in the house; I saw a light in the house, it was a lanthorn; I cannot tell what light was in the house.

How came you at large? - Because I served my time out.

What since last spring? - I came away from Woolwich last March; it will be three years this March; I was two years at Woolwich, on board the hulks; and so was them two men there as well as me.

Mr. Garrow. When was you discharged from the hulks? - Last March; I have been at work since.

I dare say you have not been idle; can you tell me any honest man you have worked for since that time? - The last ship I worked for was the Berwick store-ship, at Deptford; I was determined to take a voyage in it as cook, only for this accident.

How long was you on board the Berwick? - I was three or four weeks helping to sit her out.

What ship before? - I was on board the Pearl Frigate. (I must find ears too.) I was in her till she was fitted out about eight weeks; then I left her; I thought to better myself; so I did not sail in her.

Had you been on board any other before that? - I have not kept an almanack in my head; I first went on board a ship that was laying down at Woolwich, the Dreadnought; I carried her round to Plymouth; she was condemned; I came back in a merchantman.

So they tried you at Winchester for a burglary? - Yes.

Then you know how that sort of thing is done? - Aye, I believe, I do know.

Did you ever see any body set about to commit a burglary, and take a light, and leave a window open for people to see? - I believe you to be the best judge; you seem to know more about it than I do.

Furnish me with a little understanding? - I will as well as I can, but I do not understand housebreaking at all.

Where was you coming from when you saw these men land at Pelican-stairs? - From Rotherhithe; I had business to do in London, to go look for some prize money I had due to me, for the Monarque.

Where did you earn that? - Up the streights, if you know the place; I dare say it was about six years ago.

Who was your agent? - Mackintosh.

Where does he live? - I will tell you the name of the place, it was in Crutchedfriers.

Court. Need we go into the black history of this man's life.

Mr. Garrow. The moment the Court say that, we have done.

Is this Watt's hand writing? - I am no scholar; I cannot read.

Do you know a man of the name of Smith? - Yes, he was no bed-fellow of mine; I was in gaol with him.

Did you ever say any thing to Smith about Notely? - I never spoke a word to him about Notely; I came from the gaol this morning.

Have you never said to Smith, that you had Notely under your thumb, and that you would do his business for him? - No Sir, never in my life; I told Smith that Notely hung a man here some time back; that was all that ever I said to him; I never said I would be a witness against him.

Did not you add, but I have him now? - No Sir, I never did.

Did not you say, if he had fifty necks, you would hang him? - No, I never did, I will swear that positively, nor any thing like it, no further than Notely was evidence against Tom Burdett , and he hung him.

You knew poor Tom? - Certainly; you might know him better.

Yes, I knew him, he was an old client of mine, and you will be soon, I make no doubt; do you know Mash? - I think I know his face; I am not sure whether I ever saw him before he was committed.

JOHN MASH sworn.

I know these three men.

Speak loud and distinct and not too fast? - On Thursday night before Christmas, I fell in company with Richard Notely and Luke Carr , down in a place called St. Catherines, on the coast of Wapping.

Is that the man they call Hurst? - Yes; we fell a drinking for the course of two or three hours, at a house called the sign of the Sun; and Luke Hurst says to me, we have got a bit of a job to do, have you a mind to go with us; says I, I do not care if I do; and then we drank again and we walked on to Tower-hill; then they went and left me, and returned again; then we all went to Richard Notely 's house, in Castle-alley, Whitechapel; and there we tarried about five minutes, and Richard Notely produced two crows and a dark lanthorn; one he gave to Luke Carr , and one he kept himself, and the dark lanthorn he gave to me; from there we went to Bob Richardson 's in Brewhouse-yard; I think they said it was in Shadwell, I am not much used to the place; I never was there before to my knowledge; we knocked at the door; Bob was in bed; he let us in, we were in there, I suppose, two hours or better, as nigh as I can tell you; then Bob Richardson and Luke Carr went out together, they said they would go and see if the boat was fast; they came in again in a quarter of an hour; they said the boat had shifted to Pelican-stairs; we staid there about an hour; then we all went out to Pelican-stairs together; Luke Carr and me, Richard Notely and Bob Richardson , staid there the course of an hour; after the watchman went his rounds, we went as nigh as I can guess, about ten or twelve yards from the stairs, and Richard Notely

said, this is the house we are going to; and pulled out a crow, and put it into the window-shutter; and when the watch went past we went out, Richard Notely , Luke Hurst and myself, and we returned to the place; Richard Notely put his crow to the place, and Richard Notely put his crow into the window, and he says to me, John put your crow under mine, and it will open easier; and we opened the shutter and took the bolt away, and returned to the boat again, and waited till the watchman went his rounds again; when the watchman was gone half after four, then Richard Notely, myself, and Luke Carr came up, and we went to this house again, and Notely and I went into the window, and Luke Carr stood on the outside of the window; as soon as we entered into the place, Richard Notely says, there is a desk on the left hand side, and we will open it; and he immediately put in his crow and he opened it, and he took out a red pocket-book, it had a white clasp, but I cannot tell whether it was a silver one or no; and a box containing some silver; it was a kind of a longish box, about eight inches, a kind of a tin-box; from that he says, let us go backwards, and we went, and he unhooked two butter-boats, and he said, I believe these are silver, we will see whether they are or no; then we got out of the place directly, by the alarm of some rattle which we heard go off; we made our escape to the boat, Notely and I; and Luke Hurst went away some other way; he did not go with us.

What light had you to break open this place by? - We had a dark lanthorn; sometimes I had it, and sometimes Richard Notely had it; then we rowed to a place called the Horse-ferry, I do not know the place, where they pulled the boat in; and we all went on shore, myself, Richard Notely , and Bob Richardson ; then we returned to Stepney, there we parted; Bob Richardson went home to his habitation, and Richard Notely went home; we parted the money coming home under a lamp, fourteen shillings a piece; Notely took twenty-eight shillings, for Luke Hurst and himself; he said he should see him.

They got no gold? - None at all that I saw.

Who took the box out of the bureau? - I did not see.

What did you do with the pocket-book? - We have it in the Thames; I looked in it; I did not see any thing of consequence; the butter-boats, we went the next day to Mrs. Notely's, Bob Richardson brought them to her, and said they were good for nothing, and we broke them and have them away; Richardson was in the boat, and Luke Hurst was at the window on the outside.

Mr. Knowlys. You was taken up for a different burglary? - Yes, and was committed.

You have been tried? - I was tried once before, and was innocent; that was for another burglary; Holmes that was tried with me was hanged; I was admitted an evidence about last Wednesday week.

How long was it after before you discovered this burglary? - I told of this first.

Did you first reveal this burglary before last Tuesday? - Yes, I did; I said it when I was first taken; I owned it.

Mr. Garrow. I will not ask him any thing.

Court. I shall not ask you any question that will accuse yourself of course; but the truth of the answer to my questions may perhaps decide a little on your future fate; now I ask you, on your oath, whether Peters was not with you when you committed this robbery? - No, he was not.

Was Watts? - No.

Did you see them there at all? - I cannot say I did; I saw somebody there; I cannot say who it was.

Did Peters speak to you on Pelican-stairs? - I do not know that he did; I do not know Peters or Watts, either of them.

Richardson never went up from the boat?

- Never, he came up to the top of Pelican-stairs, but he never came from the stairs that I knew.

There were only two of you went into the house, and Hurst stood on the outside? - He was to stay by the shutters, but whether he did, I do not know.

Did you hear any talk about the dark lanthorn, when you was in the house? - Notely said let me have it now; when he looked in the desk.

You did not call on him by his name? - I never called on him by his name in the house; I am sure of that; Hurst never was in the house.

Did Notely take any notice of any person coming to the window? - Not to my knowledge; I saw nobody looking in at the window.

What sort of a crow was it that Notely broke open the shutter with? - The crow that Notely had was a foot and a half long, his was a crow properly so called; and it was about six inches smaller than his; we had nothing but the two crows and the dark lanthorn; never a one of us had a chissel, that I am positive of.

Look at that chissel, did you ever see that before? - No, I never saw it before, nor I am sure we had it not with us.

JOHN FLETCHER sworn.

Who gave the first information at the office against any of the prisoners? - Peters was the first that I knew of.

How long after the robbery was that? - The robbery was done on the Friday morning, and I think it was on the Wednesday following, as near as I can recollect.

Nobody had been taken up before on this robbery? - Notely had been taken up upon bare suspicion of the chissel fitting; that was the day after the robbery was committed.

When did Peters give this information? - On the 27th; on the Wednesday following.

Had Notely been detained on suspicion before that time? - Yes, he was committed for further examination.

Was any thing ever found besides that chissel? - I believe not; no other circumstance had come out, only the trifling circumstance of hearing that these people were together the day before, near the spot.

The witness Peters was committed before the justice? - No, he was not, he was taken up by the beadle at night, as a suspicious person; I believe he had been before the Magistrate; I had him in my custody for two days, and since he has been in Clerkenwell; Mr. Staples committed him for want of sureties, as being a material witness in this business, as thinking he would not otherwise appear; I saw them sign these informations; Watts's is in my own hand-writing; I saw the Magistrate sign them; this is Peters's mark, and Mr. Staples's hand-writing; this is Watt's mark, and this is the Magistrate's hand-writing.

(Read.)

Middlesex to wit,

"The information of

" Thomas Peters , of Williams's-court,

"at No. 2, Mrs. Elizabeth Wilson 's,

"New Gravel-lane, Shadwell, seaman;

"taken 20th of December, 1786; who

"being on oath, says, he landed at Pelican-stairs,

"on Friday morning last,

"and saw Luke Hurst , who spoke to

"him, and was in company with two

"other men; that said Hurst and one of

"the said men went away, and left him

"talking with the other man, that he was

"with the said man some time, and left

"said man, then he saw the window of

"a house on a-jar, and a light therein;

"looked in and saw Richard Notely ,

" Luke Hurst , and Bob Richardson ; all

"of whom he well knows; that Dick

"Notely came up to the window and

"looked at this informant, and soon after

"he saw two small crows thrown out

"of the window; and soon after they

"jumped out of the window and he ran

"away for fear."

"The information of Richard Watts ,

"dated the 11th of January, 1787; who

"says, that last Friday was a week, between

"four and five, going towards

" Fox's-lane, Shadwell; passing along

"Wapping-wall, he saw the window-shutter

"of a house open, about two

"inches; looked in and saw three men

"therein, and saw another walking backwards

"and forwards; on the other side of

"the way; one of them he knows to be

" Richard Notely , and saw him taking

"some things out of the cupboard, and

"put them in his right-hand coat-pocket,

"should know the other two men, and

"heard one of them say the next night,

"they did not get above forty pounds

"in cash; saw the said three men jump

"out of window, and drop some iron

"which they picked up, and went down

"to Pelican-stairs, and being joined by

"the said man, they all went away in a

"boat."

Prisoners. We leave it to our counsel, we have no witnesses.

RICHARD NOTELY , ROBERT RICHARDSON , LUKE HURST ,

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-54

213. JOHN CHRISTIAN and CHARLES O'HARA were indicted for feloniously stealing, on the 24th of December last, nine quarts of whale oil, value 4 s. the property of William Cowley .

The prisoner Christian was seen taking the oil in a tin bottle, in a bag. The oil deposed to, being remarkably rank.

JOHN CHRISTIAN , GUILTY .

Transported for seven years .

CHARLES O'HARA , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-55

214. THOMAS PRICE was indicted for stealing, on the 27th day of December last, five pounds weight of spun cotton, called cotton wick, value 5 s. the property of William Shepherd and others.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870110-56

215. EDWARD PRICE , DAVID BASTOCK , and JOHN RICH were indicted for stealing, on the 81th of December last, three iron bars, value 3 s. belonging to Daniel Luckhurst , affixed to a certain building of his , against the statute.

A second count, For breaking the same, with intent to steal.

(The witnesses examined separate.)

DANIEL LUCKHURST sworn.

I live in Curzon-street, May-fair; I am repairing a large house in Arlington-street ; on the 18th of December, the masons having finished putting up a stone staircase, we had six hundred pounds and a half weight, or thereabouts, of these bannisters brought in by the smiths, in order to be put up, the smiths began and fixed one flight of stairs; but had not time to run the lead in them, therefore fixed them all as they were to be, and rivetted here and there a bar; at five in the evening, when the workmen left work, I saw them in this state; I have two carpenters who sleep in this house with fire arms; one of them is William Groome , a witness; I went home leaving Groome and the other carpenter in the house; about nine the other carpenter came to me, and I went and found the flight of rails with about a dozen taken from the places, and set against the wall; this bar being the last was broke, it hung as it were by a thread; I took it out myself; I knew the bars had been fixed into the stone by their white ends.

Mr. Knowlys, Prisoners Counsel. These were not run with lead? - No, they were finished the next morning.

WILLIAM GROOME sworn.

I heard a noise and called for assistance; and found Price underneath the stairs; these bars were taken out and laid at the corner of the stairs; they were put into the holes that were made for them in the stone; the stone was fixed, and there was a hand rail fixed, that they were fixed to; the other men were found in Thrale's house; the bars were fastened to the top rail, but not to the stone steps; they could not get them out unless they unrivetted those, which must be done by wrenching the top rail.

Court. Could they have taken the whole

body together? - No, because the standard was fixed to the stone.

JOSEPH WRIGHT sworn.

I took Price from under the stairs; and I helped to secure the other two men; the prisoner Rich said, if he had a pistol he would look as big as me.

ROBERT SMITH sworn.

I went to see my wife at Mr. Thrale's, the next door, and there was the cry of murder; and the two prisoners jumped out of the dust hole; and my brother and me laid hold of them.

Thomas Millar , and Samuel Clarke , assisted in apprehending Price.

Stephen Pitt , the constable, apprehended the prisoners.

PRISONER PRICE'S DEFENCE.

I leave it to my counsel.

Prisoners Rich and Bustock. We know nothing of it; we acknowledge being found in the other house.

The prisoner Rich called four witnesses to his character.

EDWARD PRICE , GUILTY ,

Transported for seven years .

DAVID BOSTOCK , JOHN RICH ,

NOT GUILTY .

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

Reference Number: t17870110-57

216. JOSEPH WIGGINS was indicted for stealing, on the 9th of December last, a coachman's cloth box coat, value 30 s. the property of James Reynolds , Esq .

The prisoner was taken with the coat upon him.

Prisoner. They promised to forgive me.

Constable. We did not.

The prisoner called three witnesses to his character.

GUILTY

Whipped , and imprisoned one week .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870110-58

217. THOMAS LAMBERT (aged 14) was indicted for burglariously and feloniously breaking and entering the dwelling house of Samuel Swain , about the hour of six in the night, on the 20th day of December last, and burglariously stealing therein, two geese, value 7 s. his property .

The prosecutor heard his shop window lift up, and missed two geese, which lay there just before; but the window was down as he left it, and Daniel Stone took the prisoner with the geese.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-59

218. MARY MURPHY was indicted for feloniously assaulting William Jones , in the dwelling house of Luke Murphy , and putting him in fear, and taking from his person and against his will, a leather purse, value 1 d. a crown piece, value 5 s. and a bank note, value 20 l. his property .

The prosecutor was dragged into a house by three women, and robbed, and after he was robbed, this prisoner came and held him till they made their escape.

Court. This woman may be indicted as an accessary after the fact, but must be acquitted of this charge.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-60

219. ELIZABETH HAYWARD was indicted for stealing, on the 19th of December last, a linen gown, value 4 s. a silk bonnet, value 2 s. and a Bath cloth cloak, value 1 s. the property of Thomas Crofts :

And SARAH PHILLIPS otherwise

CONSTANT was indicted for receiving on the 8th of January , one linen gown, value 4 s. part of the said goods, knowing them to be stolen .

The prisoner Hayward was apprentice to the prosecutor, and was taken three weeks after she took the things; the gown was pawned by her, and redeemed by the prisoner Phillips, against whom there was no evidence.

ELIZABETH HAYWARD , GUILTY ,

Transported for seven years .

SARAH PHILLIPS alias CONSTANT,

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-61

220. THOMAS HALEY was indicted for stealing, on the 19th of December , an iron hammer, value 2 s. a trowell, value 6 d. and a chissel, value 6 d. the property of Edward Hosier .

The prisoner was taken with the tools upon him.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-62

221. JAMES POWELL was indicted for stealing, on the 29th of December last, a linen check shirt, value 2 s. two pair of worsted stockings, value 3 s. a pair of shoes, value 5 s. and a handkerchief, value 1 d. the property of William Davis .

The prisoner was taken with the things directly after they were missed.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-63

222. JOHN HOBBS was indicted for stealing, on the 11th of December last one quart pewter pot, value 18 d. the property of Thomas Underwood .

William Downes saw the prisoner take the pot off some rails, and took him directly.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-64

223. MARTIN WRIGHT (aged 67) was indicted for that he, not having the fear of God before his eyes, and not regarding the order of nature, on the 5th of January , in and upon a certain beast, called a cow, feloniously, wickedly, and diabolically did lay his hands, and then and there feloniously, wickedly, and diabolically, and against the order of nature, had a venereal affair with the said cow, and then and there, feloniously, wickedly, and diabolically, with the aforesaid cow, did commit and perpetrate that detestable and abominable crime, called buggery, (not to be named among Christians,) to the great displeasure of Almighty God, to the great scandal of human kind , against the statute, and against the peace.

The prisoner was observed by Thomas Cheadle , on the 5th of January on Edmonton common ; he was raised on a horse block, with his breeches down, and his private parts in his hand, just going to introduce into the cow; the witness came behind him, spoke to him, and stopped him directly.

NOT GUILTY .

He was detained to be tried for an attempt to commit the above crime.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-65

224. JOHN COOK was indicted for stealing, a parcel of wood, value 4 s. the property of - Armstrong :

And HENRY DEVEREL was indicted for receiving the same, knowing it to be stolen .

The prisoner Cook was a servant of the prosecutor's, and was seen by one Thomas Bence , stopping with his cart at Deverel's cellar, and delivering some wood at different times; which was found at Deverel's unconcealed; and deposed to by the prosecutor's foreman.

JOHN COOK , GUILTY ,

Transported for seven years .

HENRY DEVEREL , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-66

225. WILLIAM ROBINSON was indicted for stealing, on the 8th of January , four plate glasses, belonging to a post chaise, value 30 s. and one wooden frame, value 2 s. the property of West Hyde , Esq .

The prisoner was taken with the glasses upon him.

GUILTY .

Transported for seven years .

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

Reference Number: t17870110-67

226. ELIZABETH BECKFORD was indicted for stealing, on the 26th of October last, twelve pounds weight of Gloucester cheese, value 4 s. the property of Henry Austen .

The prisoner was taken instantly with the cheese.

GUILTY .

Transported for seven years .

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

Reference Number: t17870110-68

227. JOHN SMITH was indicted for stealing, on the 20th of December last, fifty-six pounds weight of lead, value 5 s. belonging to Henry Hall and Henry Wallis , affixed to a certain building of theirs , against the statute.

The prisoner was found in the prosecutor's, which was not inhabited; he was up the first floor chimney, and the lead was cut off and rolled up.

GUILTY .

Transported for seven years .

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

Reference Number: t17870110-69

228. JOHN CRAMPTON was indicted for feloniously stealing, on the 26th of August, 1785 , twenty-one guineas, the monies of Stephen Truste , in the dwelling house of Edward Chillingworth .

Mr. Garrow, Counsel for the Prosecution.

Mr. Knowlys, Counsel for the Prisoner.

STEPHEN TRUSTE sworn.

I am a cordwainer ; I live in Bell-lane, Spitalfields; on the 26th of August, 1785, I was in Moorfields; I was consulting which of my sons I should visit; one lived in Bishopsgate Without, and the other in Bishopsgate Within; and the prisoner at the bar came up to me; Sir, says he, how does the weaving business go on? says I, I am no weaver, I make children's shoes; says he, do you buy any leather? no, says I, I am too old, but my son may; says he, I have a relation that has a great quantity to sell; says he, which is the way to Hog-lane; I took him to be a gentleman; says he, I am going to receive fifty pounds for rent; says I, I wish you may get it; so then we jogged along till we came to Horshoe-alley; I was withinside the alley, and he was without; so he picked up something; Lord bless me! says he, I wonder who has dropped this; says I, I wish the right owner had it, you

had better advertise it; no, no, no, no, says he, do not say a word, you shall have half; very well, says I, if I am to have half; so we went to the Blue Boar; that is the house that Chillingworth keeps, and had threepenny-worth of gin and water; so he says, I will look at it; and see what it is; so he opened the purse, and there was a paper; says he, can you read this? no, says I, not without my spectacles; says he, if you can muster me up sixty pounds; and I looked round about me, and I thought I saw a shadow; that was his mate; so, he says to him, will you be so good, as to read this to the gentleman? so, the other gentleman said, you offer this gentleman sixty pounds, you ought to give him a hundred; so, I goes home like a fool as I was to fetch this money; his companion went with me, and came back with me; when I brought this money back, I sat down, and he said, Sir, have you brought the money; oh, yes, says I, I have; so I put my money down, I did not care to part with it; so I held it in my hand, and he snatched it out; so says he, I will go to Mr. Moore's; so says he, if you will call upon me, I will deliver it out; says he, you come to the Pied Horse, next door, to Mr. Moore's, there I shall receive ninety odd pounds, and I will make that up an hundred pounds, and return you your money back again.

Did you give it him, or did he snatch it out of your hand without your consent? - He snatched it without my consent.

And he kept it I believe? - I believe he did.

How much was the receipt for? - It was for two hundred and fifty pounds for a diamond ring.

Are you sure the prisoner is the man? - Why he knows me; and I have seen him before in Hartshorn-street, Golden-lane, at an ale-house; I am sure he is the man; I had an hundred hand-bills printed; there was five guineas for taking, and five guineas on conviction.

Did you describe his person? - Yes, in the papers; he was not taken till lately.

Mr. Knowlys. Now, old gentleman, you will consider this man's life is at stake, and do not treat it ludicrously; I think, first of all, upon some person's picking up a ring, you agreed to take half, and cheat the right owner? - I never mentioned the half at all.

Did not you consent that it should not be advertised, and you would take half the money to keep it from the right owner? - No, I consented to have it advertised.

That was the first proposal? - Aye, and the last too.

Did not you go home to fetch money to purchase your part of the ring, now? - That is upon the account; because he said, I will give you an hundred pounds.

Then you consented to receive the hundred pounds as half the share of this ring, which you knew did not belong to you? - Yes.

Nor to the man that made the proposal to you? - No.

You state this to be above a year ago? - Yes, a year and four or five months.

Then from last August was a twelvemonth, to pretty nearly this time, you never saw that man again, whoever he was, that brought the ring to you? - No, nor never till he was taken.

That makes sixteen or seventeen months? - Yes.

To read this writing and the receipt it was necessary you should put on your spectacles? - To be sure it was, my eye sight is not so quick to read small print; but I can see pretty well.

I ask you, Sir, upon your oath, whether you have always been as sure of that man as you are now? - I have been.

Who was the constable that took him up first? - Ward and Smith took the man together, and brought him to me; I saw him there.

I ask you, upon your oath, Sir, whether you did not say, that was not the man that had done you the injury? - No, no such a word.

Will you stick to that? - Yes.

When he was taken before the Magistrate did you swear positively to him then? - I did.

Without hesitation as you have done now? - Yes, I swore to him then as I have done now.

How many conversations have you had about this man with Smith before you went to the Magistrate? - Why he had my papers to take him whenever he found him.

Has Smith never told you that it would be a good thing to swear to this man, that something would come of it? - I do not care for that at all; I have been acquainted with Smith a good many years.

What office does he attend? - Oh, God Almighty knows.

JOHN ROBERTS sworn.

I live in Moorfields, I am a taylor, near the corner of Horse-shoe-alley; I know the prisoner very well; I have known him about the town for some years.

Have you known him about that quarter of the town? - I have seen him there very frequently; I remember seeing him about the 26th of August, 1785; he was along with the prosecutor; I was at my door; they passed me; I saw the prisoner stoop and pick up something, which I judged to be a purse; they went together down the alley; I am sure as to the persons of both of them; I saw the prosecutor three days after, says I, what was you doing with that man? says he, I have been robbed of twenty-two guineas; says I, you old fool, you ought to be taken and horsewhipped.

Are you sure that is the man you saw stoop? - I saw the old man stoop to him and say, what have you got, what have you got? My house is in the middle of Moorfields; they were going towards St. Luke's, on the right hand.

Mr. Garrow. Were they going towards Chillingworth's? - Yes.

EDW. CHILLINGWORTH sworn.

I keep the the Blue Bell in Horse-shoe-alley, Moorfields ; the prisoner at the bar, and Mr. Truste, and a young man came to my house, and went into the parlour; I was not at home at first; I saw them there when I came in; I served them with a glass of gin; they had two or three threepenny-worths of gin and water; the old man and the prisoner went away; and the young man was left behind; then the young man and the prisoner went out and left the old man; then the old man came out and paid the reckoning; and I have not seen the prisoner from that time till he was taken up; as soon as I saw him he came to my mind again; I have no doubt but he is the person that was at my house.

Mr. Knowlys. The prosecutor made no complaint when the other men went away and left him at your house? - No.

Had you ever seen the prisoner before? - No, not to my knowledge.

You have not seen him these sixteen months? - No.

STEP. TRUSTE , the younger, sworn.

I am son of the prosecutor; I remember my father coming to my house the 25th of August, 1785, and said he had been robbed; that was after he left these people; my other brother went to Mr. Chillingworth's; I was present with the prisoner, when he was apprehended, on the 3d of this month, he was brought to my house; two men brought him, and brought a paper, and said, they had found one of the men; I looked at the man, says I, very well, come in; I put them all backwards; I went backwards, and he says to me, pray be merciful to me, Sir, I will give you a guinea a month; he said again to me, pray be merciful to me, and take my note of hand; I said, I know nothing of you, my friend; stay till my father comes; when my father came, I took him backwards, and said, be sure, is that the man, be sure; he looked at him again, and said, I am sure that is the man; he is not so fat as he was when he robbed me of my money; then he said again, Mr. Truste, be merciful to me; he said, I shall do nothing but take you to the officer.

Court. When was this bill printed? - I cannot take upon me to say.

How did you know the man's name? - By my father telling me; I never saw the man in my life till then.

Court to Prosecutor. Did you give the directions for the advertisement? - Yes.

Who did that advertisement describe? - John Crampton ; he went by the name of jockey John Crampton ; one told me his name; I believe he is here; William Smith told me his name by the description.

Was this advertisement a true description of the man that took the money from you? - Yes. (Reads.)

"A middle

"size man, a fair complexion, a round

"belly, a cut on the upper lip."

Prosecutor. He was fairer then than he is now; he was clean and smart, and like a gentleman; his belly would make two of that.

Prisoner. I have a cut on my cheek; I fancy it was the fear that put that handbill in his head.

JOHN TRUSTE sworn.

I went with my father to the alehouse, in August, 1785; he took nothing with him but the ring.

Did he take any money with him? - Not that I saw; it was after he had lost his money.

Prisoner. That old gentleman's son was hanged for returning from transportation; his character is very well known.

WILLIAM SMITH sworn.

I am a constable belonging to Union-hall, in the Borough; one Joseph Ward apprehended the prisoner on the 3d of this month; about five in the evening; I am a distant relation to Truste; I knew the prisoner; and he says to me, Will, for God's sake, do the best you can; I will pay it at a guinea a month; I had a deal of talk with the old man about the handbill; he told me, he had been robbed of twenty-one guineas, by Jockey Crampton; he knew his name very well, and described his person.

Court. Did you assist in drawing up this advertisement, describing his person? - No.

( Joseph Ward called.)

Court to Smith. Read that bill, is the prisoner a fair complexioned man? - I do not know.

Cannot you see? - Yes, I can.

I ask you if there was no name to it, should you have know this? - He is not a fair complexioned man.

Court to Prosecutor. How did you know this man's name? - After I lost my money; I went to this William Smith ; I described the man; he said, he would pick him out, for it was jockey John Crampton .

But he swears directly contrary, he swears that you told him the name? - He told me indeed.

Court to Robert. How soon was it after you saw the prosecutor go past you with the man who picked something up, that you had any talk with him? - About three days; it was before the handbills were published.

Are you sure it was the prisoner? - Yes, I knew him perfectly well; there were two or more with him and I saw the young fellow slip by, and put something down; one was a thinnish, youngish man, like a countryman; the other was a middle size blackish man, like a countryman.

PRISONER's DEFENCE.

My Lord, the day I was apprehended, I was drinking with Ward; and I had been with Mr. Smith several times drinking, and I met him once on Black-friar's-bridge; it is amazing they should never mention this before; I went willingly with Ward to the prosecutor's son; and the prosecutor was sent for; and he several times said, I was not the man.

The prisoner called one witness who gave him a good character.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-70

229. JOHN WALBY was indicted for feloniously stealing, on the 9th of January , one table cloth, value 2 s. two shirts, value 2 s. and one silk handkerchief, value 6 d. the property of William Hale .

WILLIAM HALE sworn.

I live in Kentish-town ; on Wednesday last, in the afternoon, I lost the things mentioned in the indictment; I saw them just before in a garden opposite my shop; and I saw the prisoner go past with the things under his right arm, over the hedge, about twenty yards from the garden; I ran after him; he dropped the things; I pursued him about half a mile, and took him; I never lost sight of him, only while he ran into a necessary; it was about half after two in the afternoon; I delivered him to the constable, and he was committed; I never saw him before; he might easily get into the garden over the fence; the shirts are mine; I cannot speak to the table cloths.

JOSEPH HALE sworn.

I saw the prisoner drop the things; and I picked them up.

(The things deposed to.)

Prisoner. I found the things.

GUILTY .

To be whipped and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-71

230. JOHN ANDERSON was indicted for feloniously assaulting Edward Bickerstaff , on the King's highway, on the 5th of January , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, a cotton handkerchief, value 2 d. and six pounds weight of butter, value 4 s. the property of Thomas Bickerstaff .

EDWARD BICKERSTAFF sworn.

I am fifteen the 15th of this month; a man stopped me, and snatched the bundle from me as I was going home to No. 2, in Union-street; this happened the corner of Newton-street, in Holborn ; I had a handkerchief with six pounds of butter, over my shoulder; my mother was behind; it was this day week when he came and snatched the bundle; I was rather frightened; he came behind me and shook it from my shoulder; he gave it a shake like.

Did he lay hold of it, or what did he do? - He laid hold of it and shook it, and then snatched it from me, out of my hand.

Did he do any thing to you? - No farther than snatching the bundle.

He offered no other violence to you? - No.

Did he say any thing to you? - No.

What did you do when he snatched it away? - He ran away, and I ran after him.

Did you overtake him? - No, he ran up a gateway; the first turning.

Did he get off altogether? - Yes, he got away, and ran into a yard, and got under some staircase; he was taken directly; I do not know who the man was that snatched it; I did not see him any farther than his back.

Who gave you this bundle to carry? - My mamma.

THOMAS GROVES sworn.

I was getting in some timber at our timber yard, about eight in the evening; I heard the call of stop thief; I saw the prisoner running, and I pursued him directly down a gateway; I observed him turn rather short on the right hand; he stood under a staircase double, which goes up to the necessary; when I hallooed out here he is, he came out; I laid hold of him, and led him to the top of the yard; my shopmate brought down a candle; he asked Mrs. Bickerstaff what she had lost; and I saw the handkerchief and butter found, just

by where the prisoner was standing; when he came out, he said, what have I done? what have I done? before I laid hold of him.

WILLIAM SUTTON sworn.

I am shopmate along with Groves; I heard the cry of stop thief; I had a candle in my hand; I ran down this yard after my shopmate; the prisoner was before; I saw him turn into this staircase; I held the candle; he came out, and my shop-mate took hold of him; the gentlewoman was there; I said, what have you lost? she said, a handkerchief, and six pounds of butter; and just by where he stood, within five or six inches, there was this handkerchief and butter; we took the prisoner to the public house, and sent for Mr. Freeman; and delivered the handkerchief to him.

JOHN BENNET sworn.

I am an officer of the office in Hyde-street; I was sent for, and took charge of the prisoner along with Mr. Freeman; Sutton gave this handkerchief to Mr. Freeman, and he gave it to me; the lady was in the tap room; and the prisoner begged the lady would forgive him, for he never had been guilty of such an offence before.

(The handkerchief deposed to.)

PRISONER's DEFENCE.

I happened to be in the yard; I heard a noise in the street; I was going to do what was necessary; I never saw the handkerchief or butter.

GUILTY Of stealing, but not violently .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Transportation. See summary.]

Reference Number: t17870110-72

231. ISABELLA ROSSON was indicted for feloniously stealing, on the 5th of September last, one tambour muslin waistcoat, value 2 s. the property of Stewart Kydd , Gent.

A second count, For feloniously stealing, on the 13th of November last, four bed curtains, value 6 s. his property.

A third count, For feloniously stealing, on the 12th of December , one set of cotton bed curtains, value 4 s. her property.

STEWART KYDD sworn.

I have chambers in Gray's-inn ; the prisoner was employed by me as laundress , about six months ago; she behaved exceedingly well to all appearance, insomuch so that she had access to the cellar that belongs to the chambers, and had opportunity frequently by going down to fetch coals, to take things out of a trunk that were deposited in the cellar; they were the curtains of beds, that belonged to Mr. Griffiths; from whom I had the chambers; this trunk stood in an inner cellar.

Had she the key of the cellar in her power? - The key of both cellars hung on a string; on Monday the 22d of December last, when I returned from the country, I found she was in custody of the constable, about six in the evening, she begged I would forgive her; she fell down on her knees, and begged for mercy; I understood from Mrs. Kydd that she was in custody for taking these things; I told her, she had no reason to beg for mercy, because she had behaved ungrateful; I had some intention to forgive her, because she pleaded distress; I enquired into the distress, and the enquiry did not turn out in her favour, and the next morning I took her to the Justice; and she there confessed taking the several things mentioned in the indictment.

Was there any promise made to her of favour? - Not the least that I know of, by me or any person to my knowledge.

Did she say what she had done with them? - She said, she had pawned them herself; the Justice asked her, what she had said to prevail on the pawnbroker to take these things from her; and she said, she pawned them herself, and said, they were her own; that is all the account she gave at that time; the things are all in Court; they were after produced on the second examination;

she had delivered the tickets; in consequence of which the pawnbrokers were sent to; and they produced them on a second examination.

ELEANOR KYDD sworn.

I knew she conveyed the keys out of my bureau, and the things away, by her own confession; the next morning I went down into the cellar; and the prisoner seeing me advance up to the trunks to open them, she immediately fell on her knees, and cried out, Madam, I have robbed you; says I, I know very well, Bella, you have robbed me all along; you have been a very great deception; says she, Madam, I have robbed you of more than you know of; you need not open the trunks, for I have taken out all the bed curtains; I said, what could tempt you? she said, Madam, do what you please with me, kill me, I deserve it, if I had twenty lives; says I, you deserve no mercy from me; she immediately delivered the tickets up herself to me; and I called one of the porters to get a constable, and I took her up; and she told the Justice where she had pawned them.

WILLIAM METTAM sworn.

I am a pawnbroker; I produce a waistcoat, which was pledged with me on the 5th of September.

Who was it pledged by? - By a woman that is not in custody; a Mrs. Page.

In what name? - In the name of Cooke; the constable came to my house to find the things.

WILLIAM PAGE sworn.

I am a pawnbroker; I produce four cotton bed curtains, pledged by Elizabeth Page , the 12th of December; and a set of bed curtains, pledged the 3d of November; there are the duplicates.

Mrs. Kydd. The prisoner delivered the duplicates to me, and I gave them to the constable; and he gave them to the pawnbroker.

Did you mark them, Mrs. Kydd? - No, I did not.

Was Mr. Kydd present when they were delivered? - Yes, they were the very same; I am sure of it.

(The things deposed to.)

Prisoner. I leave myself to the mercy of the Court.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870110-73

232. THOMAS FULLER was indicted for that he, on the 30th of October, 1783, at the parish of St. Andrew, in the city of Norwich, did take to wife, one Dianna Tibb , spinster, and was married to her, and afterwards on the 18th of December last took to wife Elizabeth Rutledge , and was married to her at her at the Parish of Holy Trinity , his said former wife being then alive , against the statute.

And the indictment further charge, that he was taken and arrested for the felony aforesaid, in the parish of St. Sepulchre, in the county of Middlesex.

(The case opened by Mr. Silvester.)

(The witnesses examined separate)

JOHN SCOTT sworn.

I live in Norwich; I know the prisoner; I was present at his marriage with Dianna Tibb , in October, 1783.

Where was it? - In the parish of St. Andrews.

When did you see that wife? - When I came to town, this day week; but I have not seen her since, not know nothing of her; I saw her alive when I came to town; I gave her away.

Mr. Garrow, Prisoner's Counsel. Was Tibb a single woman at that time? - She was.

Court. Did you know this man before? - Very little of him.

How long have they lived together? - That I cannot tell.

Do you know that they lived together at all? - Yes, I do.

ROBERT RUTLEDGE sworn.

I have a copy of the register; I saw it copied out of the book; it is all right but some words spelled wrong; licence is not spelled right, that is all.

How happens that? - The clerk that wrote it out did not spell it right.

Why did not you set it right? - I did not think it material.

WILLIAM LLOYD sworn.

I live in Hedge-lane; I know the prisoner.

Did you know his wife Diana? - They both lodged there, but I do not know they were married; they lived together as man and wife.

Mr. Garrow. Are you acquainted with the Rutledge's family? - I saw the young woman before they came to my house; in consequence of this; I did not know him before the marriage.

Robert Rutledge called again.

Your sister, Elizabeth Rutledge , was married as I understand? - Yes, on the 18th of December, I was present; she was married to the prisoner at Holy Trinity church, Queenhithe ; I was present at the marriage, and gave her away; Mary Sawcutt was present also.

Mr. Garrow. You gave your sister away, you say? - Yes.

I believe you never did an act in your life with more satisfaction? - I cannot say that.

How long had these two people been acquainted? - I suppose about five months.

Sometimes making love is all on one side, you know, and sometimes a little on both sides: attend seriously to the questions I am going to ask you, was not this young man obliged to marry your sister? - Obliged to it! no, Sir, I do not know that he was.

Did not you and your family press the marriage very much? - We did not.

Then you do not know of any threats of the young woman to destroy herself if he did not marry her? - The young woman told me once, as I was very much against the marriage, that if I altered his affections to her, it might be the worse with her.

That is, if you hindered the marriage? - Yes.

Did she explain what she meant by that? - No, Sir, not clearly.

Have you never said, that unless this young man consented to marry your sister, she would destroy herself? - I cannot say, but I hinted some little matter of it.

Why you mentioned it in very broad terms, that you was very glad she was married, for if she had not, she would have destroyed herself, she loved him so much? - No, I did not say she loved him so much.

Have you never said you was glad you had got your sister married, or she would have destroyed herself? - I said, that she said, perhaps it might be worse with her, and she would have done something to herself that she should not have done.

Was it not seriously apprehended in the family, that unless the young man consented to marry your sister, it would be the death of her? - I cannot answer to that.

Have not you told Mr. Lloyd so? - Yes, I have.

I hope you did not tell him a lye? - No.

Do not you know it was so represented to this young man, that the only way to save this young girl's life was to marry her? - No.

How came these two people together? - She was at Mr. Laidler's in Moorfields, out of place, and he was a workman there.

Did you happen to be of any of the parties at Bartholomew fair with them? - No, Sir, I was not.

Do you know from your sister that before the marriage, she was acquainted that he had another wife living? - No, I do not.

Have you ever heard so? - No.

Court. Did he pass in your family as a single man? - Yes, I never heard to the contrary.

Have you never heard from your sister, either before or after the prosecution commenced, that she was told at Bartholomew fair before the marriage, that this man had a wife living? - No, I do not.

Have you never heard so? - No.

Court. Did he pass in your family as a single man? - Yes, I never heard to the contrary.

Did you never hear from your sister neither before or after this prosecution commenced that she was told at Bartholomew fair before the marriage that this man had a wife living? - No, I never heard her say so, nor I never knew it.

Court. He passed himself as a single man? - He did after he was married, but we discovered it in two days; I never saw him since till I saw him at the bar; we were informed by a letter from the people where they lodged; I do not know the name, it is in White-cross-street.

ELIZABETH RUTLEDGE sworn.

Young woman, how long was you acquainted with this young man? - Upwards of five months.

Where were you married? - At the Holy Trinity.

Did you know whether he was married or a single man before? - No, Sir, I had no such suspicions; I discovered he was married within three days.

What became of him? - I do not know; a woman came up stairs, and said, he was her husband; she and him went down stairs; and she came back again; and said, he was her husband; I asked her; if she could prove her marriage, she said, she could swear it; and likewise could bring her certificate in forty-eight hours; that was on the 21st of December; I immediately left him and went to my friends; on the 3d of January he was apprehended at Cow-cross.

Who took him? - I really cannot tell.

Mr. Garrow. You had no suspicion he was a married man before you was married? - No, I had not.

Was you at Bartholomew fair with him? - No; I was there with a young man in Mr. Laidler's house.

Was there any young woman there? - I have seen Doughty and the other young woman; I had no conversation with them about the prisoner and the marriage.

They had mentioned your marriage to you? - Yes.

I believe they took some pains to dissuade you from it? - No, Sir, they did not.

Upon your oath, had nobody told you before you was married, that he was a married man and had a child? - No, I never had the least suspicion; he told me he had no friends in London but a sister.

Had nobody told you? - No, Sir, I had not the least suspicion.

That is not an answer, did any body tell you before you was married, that he was a married man, and that you had better have nothing to do with him? - I really cannot recollect any such thing was said.

Did not Jane Doughty say so? - No, Sir, I never spoke to her but twice.

Did not Mrs. Apsley mention it? - No, not on that account.

What did they say to you? - They used to talk to me, and ask me if I was going to be married; I told them, yes.

Did they make no reply upon that? - No, none at all, not in the least.

I am sorry to be obliged to ask you these questions, and press you to much about it; be so good to tell me whether the marriage was voluntary on the part of this man, or was not he forced into it? - No, Sir, me force him into it!

No, I do not say you; I dare say you forced him by your charms as you would any body? - It was his own inclinations; he would have married me months before, but I would not agree to it, for I wished to be asked in church.

Was not he told by somebody, by your direction, that unless he married you, some fatal consequence would happen, and that it would be your death? - I never mentioned it to him.

Nor to any body else with a view to their telling him? - No.

Did not you to your brother? - I do not know what I might say to my brother; but it was not with a view to it's being said to him.

PHILIP BRISTOW sworn.

I am a constable; I know Cow-cross; it is in St. Sepulchre's Without, Middlesex.

Mr. Garrow. Is that the name of the parish? - Yes.

- NEWMAN, jun. sworn.

You know the parish of St. Sepulchre's? - Yes, the description is the parish of St. Sepulchre's, in the county of Middlesex; I know no other name; it is vulgarly called Without and Within.

Prisoner. I leave it all to my counsel.

JANE DOUGHTY sworn.

I live in Old-street, No. 22, I am married; I am not acquainted with this young woman but by sight; I have seen her at Mr. Laidler's, where she lived; I have not seen her since she was married, till she came backwards and forwards here to Court.

Have you ever had any conversation with her before her intended marriage? - I never had any.

Was you ever present when any body told her about this man? - No.

Do you know the man? - Only by sight; I never changed a word with him.

MARY APSLEY sworn.

I live in Ropemaker's-alley; I am a widow; I have been in company with Mrs. Rutledge before she was married; I told her, I was informed the prisoner was a married man.

Was it before she was married? - Yes.

Are you sure of that? - Yes.

What did she say to that? - She said, he told her the woman was a sister of his.

Did you mention this more than once to her? - No, I do not know that I did.

Did you know the young man before they were married at all? - Only seeing him come to work.

Mr. Garrow. I am desired to ask you whether the marriage was sought for by him? - That I do not know.

Did you hear any thing of his destroying himself if he did not get a wife? - Not that I know of.

He was desperately in love, was not he? - I am not certain of that.

Mr. Garrow. I can call witnesses to his moral character, but it is not material in this case.

GUILTY .

To be fined 1 s. and imprisoned twelve months in Newgate .

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

Reference Number: t17870110-74

233. JAMES MOLEE was indicted for feloniously stealing, on the 2d day of January , two guineas, value 2 l. 2 s. the property of Elizabeth Owens , in her dwelling house .

ELIZABETH OWENS sworn.

Last Tuesday week, seven men came into my house, it is a public house, and staid two hours; they came to drink, and beat the drum; the other six were all stairs; they came in about six in the evening; the maid waited upon them; the prisoner was one of the seven, but he did not go up stairs only sometimes; when they had staid some time; they were taken before Justice Smith; we missed the things before they went out of the house; as soon as ever they had put the things out, they came down stairs; I bid the maid put the little girl to bed, and the child; the maid

screamed out directly, and said the money and the things were all gone out of the drawers in the one pair of stairs bed room, next to the room where these people were; they were in the dining room; the door of the bed room was locked, and the maid had the key; I went up stairs on the alarm, and found one of the windows open, which was a casement window; I not been into the room since I got up; the maid had been in several times, and the drawers were broken all to pieces, and every thing that was in them was gone; there was no money gone out of the drawers but the halfpence; the prisoner was in the kitchen when I first heard the alarm; four of the men that were up stairs in the dining room, were then come down stairs, and two of the men were missing; the four men came down to pay their money, and the girl said there were two missing, and they said they would pay for them; they went up stairs with me, and the prisoner, on the alarm, and then they wanted to be off, but I sent them all five, the prisoner and four more, to the watch-house; the other four were examined before Justice Smith, and discharged, and the prisoner was detained for taking the two guineas out of my hand, which was in the room, when he went up stairs with me, and the four others; there was one of the drawers not broke open, which had fifteen guineas in it; they could not get that open; I could not find the key, and one of the men broke the drawer open for me; I believe it was the prisoner that I desired to break open the drawer, and I believe he did so; the fifteen guineas were there safe, and the prisoner took them out of the drawer; they were in a large cup, and he poured the money into my hand; the prisoner came up, and took hold of my hand, and took two guineas out of my hand by force; he could not get any more out, I held it fast; I put the rest into my pocket, and went down and counted it.

Did you cry out when he forced the money out of your hand? - I did not.

Why did not you? - I do not know; I knew he had some of the money, and I went down and counted it; I was rather frightened; Mr. Mott and four or five more were in the room, and he said what are you at? I charged the prisoner with it.

A WITNESS sworn.

There was an alarm while they were there, of the house being robbed; they had been in the house about two hours, or hardly so much; five of the men were below stairs beating a drum; in a little while, came two men and locked in at the door; then this man went up stairs into the dining room, and beat the drum there; then the prisoner, the punch man -

What do you mean by the punch man? - He is fatter than the rest; then the prisoner came in after the six men; he staid a while below; then he said, I fancy they have muffled the drum, we will go up stairs now.

Did he appear before that to be one of the company? - Yes.

How, as he came in by himself? - He said he expected to have a bit of supper dressed, for he had five or six people to come; and the people of the house told him they were come, and were up stairs; he said, if it was a piece of pork and greens he did not care; and Mrs. Owens told him she had no orders; he went up stairs twice to the company; the maid went up stairs, and just before that, the other men came down and asked for the reckoning; there were four up stairs, and this man was five; the other two were missing, and while we were talking of paying the reckoning, the maid came down stairs, and said the drawers were broke open, and the things were gone.

Upon that, did you go up stairs? - Yes, just at the time the alarm was given, the maid said two men were missing, and the others said, G - d d - n them, they are gone a girling, or something of that kind, but we will pay for them; when the alarm was given, they all went up, I went with them; I found the drawers broke,

and the room stripped; there was a drawer open, but who opened it, or put the money into Mrs. Owens hands, I cannot say, but I saw the money in her left hand; I saw the prisoner bustle up to Mrs. Owen, as if he was going to salute her; the mean while he put his finger and thumb between her fingers and thumb, and took out something, but what it was I cannot say; I asked her directly what he had taken out of her hand, and she said money; she was in a very great fright, and could not tell what she had lost; I saw Mrs. Owens count her money afterwards; it might be half an hour before we could get her to her senses.

Was it after they were taken to the watch-house? - It was.

How much money had she when she counted it? - Eleven guineas and a half.

Did she say how much she should have had? - She said she should have had fifteen guineas, but she would not swear to any more than two guineas.

JOHN MOTT sworn.

I had a little money; and I board and lodge with Mrs. Owens; I remember a parcel of people coming to her house, on Tuesday was a week; there was six of them.

Did she tell the constable he had taken the money before they went to the watch-house? - No, she had not counted her money; she was not in her senses.

ELIZABETH GODFREY sworn.

I am servant to Mrs. Owens; the drawers were in her bed room, and I remember where the men beat the drum was facing it, and the bed room was locked; I had the key, the windows of it were all fast; I had been up ten minutes before six; the men were in the tap room; then I locked the door, and put the key in my pocket; when I went up with the child to bed, wanting a quarter to eight, I found the door open, and the lock forced back; the window of one casement was open; the drawers were forced open, and the things were taken out of them; five of the men were in the tap room when I went up stairs, and two were missing.

Before this happened, had you an opportunity of observing whether the prisoner was in company with the others? - There were two drummers came in first, and two other young men with them; the four came in together; the next, this prisoner came in, then two more after him; when the prisoner came in, he said are there any of our people? I said there are two drummers, and two other young men, and you will have it for staying so long behind them; then he went up stairs; he came down, and ordered me to carry some pipes and tobacco up to these people; after I went up, I found the drawers open; the five went up, and my mistress; I gave the prisoner a screw driver to open the drawer that the money was in, for my mistress desired the drawer to be opened, to see if her money was safe.

Did you see him open it? - No, I did not.

Did you afterwards see your mistress have any money in her hand? - Yes.

Did she complain she had lost any of it? - She said to me when she went down stairs, that man has wrenched some money out of my hand; I said, which man? I saw him go up with my mistress, and he said, I am very happy you have lost no money; and I saw him go up to her, and pull her shawl away over her hand, and I gave him a shove, and said, what are you doing? but I did not see him take any money.

Did your mistress say any thing at that moment? - No, she did not, but when she was going down stairs, she told me he had taken some money.

Do you happen to know of your own knowledge what money was in the drawer? - Fifteen guineas, I told it over the day before.

Was it all in gold? - There was fourteen guineas in gold, and a guinea's worth of silver; my mistress counted her money before the constable came.

Who was present? - That gentleman that stands there, and two more.

How much money had she then? - Eleven guineas and a half.

You saw that, did you? - Yes.

Now when the constable came, what did she charge him with? - With having broke the room open, she forgot to tell the constable that he had taken the money, and I forgot it also in my fright.

How much money had she lost? - Three guineas and a half.

How came she to fix the sum of two guineas? - Because she was not willing to put the loss at the most, but at the least.

Mr. Garrow. Do you know whether that man was searched that night? - I do not.

Was you to have put this guinea and a half in this drawer? - Yes, but I forgot it.

When your mistress had counted her money, she thought the guinea and a half was in? - No, I told her I had not put it in; there were sixteen guineas and a half in the whole.

Did you hear any thing said about it in the room, either before or after the headborough came? - No, nothing.

SAMUEL OTLEY sworn.

I was in the public house when the room was broke open; I went up stairs when the alarm was given; when I first went up, I saw all the things lay about the chamber, and I came down directly; three or four went up with me; the woman went up, I did not see all that passed in the room.

Did you see the drawer open where the money was? - Yes, I went up just at the time; I cannot say who opened it; I saw some money taken out, and put into Mrs. Owen's hand, but I cannot say who took it out; I saw that gentleman, the prisoner stand before Mrs. Owens, and he was going to kiss her; says he, mother, I am glad you have found the money.

Did he offer to kiss her? - He did.

Did you observe him offer to do any thing more at that time? - I saw nothing more.

You heard no complaint of the loss of any money till the headborough came? - No.

WILLIAM BLANCH sworn.

I went up stairs when the alarm was; the prisoner and four other men were there, and Mrs. Owens and the maid, and the last witness, and a woman that came for a pint of beer; I only saw him in the room.

THOMAS NASH sworn.

I went there at nine o'clock, before they were taken to the watch-house; I heard no charge against the prisoner that night; I did not hear the woman say any thing till the Wednesday; I heard nothing of the money that day at the Justice's; she told me going home in the afternoon, that she had lost a considerable sum of money; she said she had fifteen guineas, and when she came to count it, she had only eleven and a half; she said the man put his hand into her hand; I told her that was the most material thing, that she should have mentioned it before the Justice; I searched the four men, but not the prisoner.

PRISONER's DEFENCE.

I leave it to my counsel. Mr. Nash knows I was searched, and there was only a penny found upon me.

The prisoner called four witnesses to his character.

GUILTY Of stealing one guinea .

Transported for seven years .

Reference Number: t17870110-75

234. JOHN FULLER was indicted for feloniously stealing, on the 12th of December last, one diamond ring, value 20 l. the property of - Bradill , Esq ; in his dwelling house .

NOT GUILTY .

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

Reference Number: t17870110-76

235. YOUNG RICHARDS was indicted for the wilful murder of Peter Murrell , on the 20th of December last, by forcing him into a certain cold cellar, under St. Andrew's watch-house , without fire and proper covering from the cold air, and keeping him from ten at night, till three in the afternoon, and then and there leaving, and deserting him in the said cellar, without giving him any meat, drink, food, or assistance .

NOT GUILTY .

Not guilty on the Coroner's inquisition.

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

Reference Number: o17870110-1

The following prisoners who were capitally convicted at former Sessions received his Majesty's pardon, on condition of being transported for the following terms, to the Eastern coast of New South Wales, or some one or other of the islands adjacent, (viz.)

Charles King , Thomas Thompson , Benjamin Rogers , Hugh M'Donald , Joseph Dyer , George Charlwood , Thomas Colebrook , John Langford , Sarah Parry , Thomas Harris , Hannah Mullens , James May , Edward Paild , John Delove , Henry Asser , Daniel Chambers , John Turwood , Thomas Freeman , and John Crawford , for life.

Reference Number: o17870110-2

George Dunstan , Thomas Scrivenor , John Bateman , Abraham Boyce , John Mears , George Shepherd , John Lockey , Mary Smith , Henry Palmer , Joseph Burdett ,

James Evans , William Knight , Joseph Butler , and Margaret Dawson , for the term of seven years.

Reference Number: o17870110-3

Samuel Burt convicted at a former session of forgery, was also put to the bar, and informed that his Majesty had been graciously pleased to extend his mercy to him on condition of his being transported for life ; when he addressed the Court as follows.

Your Lordship's humanity to me, and also that of the worthy Sheriffs, from the fatal day of my conviction, has stamped such an indelible impression on my mind, that I should think myself lost to every feeling of gratitude, if I did not return your Lordship and the worthy Sheriffs my most humble thanks; but my Lord, at the same time, I have to assure your Lordship in the most solemn manner, that as I now feel myself forever cut off from the union of a person that was most dear to me, death to me will be preferable to life; I shall therefore insist upon your Lordship to order my sentence to be put into execution: I am truly sensible of the crime I have committed; but it is the most pleasing reflection I have, that although I have been guilty of many irregularities, yet I do not look upon myself as entirely depraved, I trust in the merits of my blessed Saviour, through whose intercession, I hope to become a glorified Saint in Heaven, there to be delivered from the power of evil, and through him to have an entrance into that blessed world, where I shall no more know sin, sorrow, or death; there perhaps I may meet my amiable friends, and rejoice with them to all eternity.

Mr. Recorder. Young man, I was in hopes the unfortunate situation in which you stand had compleatly corrected the disorder of your mind, and the first part of your address confirmed me in my expectation; but you should well consider, in respect to the other part of your address; for if you have that sense of mind, that duty to God, and that submission to the laws of your country which you have expressed; you must know that you cannot commit a greater crime, than that of voluntarily throwing away that life, which the mercy of your sovereign has thought proper to spare; your execution upon refusing his Majesty's most gracious pardon, will be but self murder; and it is your duty patiently to submit to the consequence of that fact, of which you have been convicted; but in consideration of the state of your mind, his Majesty has extended mercy to you, in a case in which mercy is seldom allowed; for the crime of forgery is so heinous to the public, that it can only be on special circumstances that any mercy can be granted; the best proof you can give of a repentant mind, and of submission to the laws of God and Man, is to submit to his Majesty's pleasure, and to set an example to a part of the world where you may have an opportunity of leading an honest life for the future, which it is too difficult for you to do at home; you should be thankful for what you have already received, and submit to his Majesty's goodness in granting you a pardon; and therefore I expect from that sense of duty, and of religion, and submission to the laws, which you profess to have, that you will consider of it; and I will give you to the first day of the next session so to do.

Prisoner. My Lord, I thank your Lordship; but in the present case, I have an unquestionable right to my own opinion, and as death would be preferable to me, I am determined to persevere in applying for the execution of my sentence.

Court. You should be aware that if the King's mercy is rejected and abused, when you come to a better temper of mind, which the fear of death will certainly produce, you may have then no opportunity of applying for that mercy which you now refuse.

Prisoner. I am still determined to persevere in the same opinion.

Court. I shall remand you to prison, and give you till the first day of next session to consider of it, and if you then refuse his Majesty's pardon, you may expect immediate execution.

Prisoner. Very well my Lord.

Reference Number: s17870110-1

The Sessions being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 19, (viz.)

Solomon Polock , Sophia Pringle , Francis Saunders , Benjamin Nash , Charles Franklin , Thomas Smith , Richard Allen , James Usher , John Marshall , John Ball , Mary Cummins , otherwise Forbes, Thomas Glaves , Joseph Rawley , Richard Notely , Robert Richardson , Luke Hurst , Mary Atkinson , John Crampton , John Fatt .

To be Transported for seven years, 37, (viz.)

Mary Marshall , John Williams , John Boot , John Ford , Michael Dunn , James Molee , Mary Allen , otherwise Conner, Catherine Henry , James Smith , James Price , Robert Coleman , William Page , John Cushton , Charlotte Cook , James Penn , Elizabeth Bruce, Elizabeth Anderson , Charles Dickinson , Marquis Granbury, James Wilbo , John Anderson , Isabella Rosson , Edward Price , James Leslie , Robert Tapley , John Jones , Sarah Hall , Lazarus Graves , Catherine Smith , Tho. Lambert , Thomas Haley , Elizabeth Hayward , James Powel , John Cook , William Robinson , John Smith , Elizabeth Beckford .

To be imprisoned for twelve months, I, (viz.)

Thomas Fuller , and fined one shilling.

To be imprisoned one months, 5, (viz.)

John Hoare , Ann Matthews , John Walley , Benjamin Fanshawe , Phebe Downes .

To be imprisoned three months, I, (viz.)

Thomas Spencer .

To be imprisoned one week, I, (viz.)

Joseph Wiggins .

To be whipped, 5, (viz.)

Thomas Spencer , John Carter , John Walley , Joseph Wiggins , Thomas Hobbs .

Reference Number: s17870110-1

The following prisoners who were capitally convicted at former Sessions received his Majesty's pardon, on condition of being transported for the following terms, to the Eastern coast of New South Wales, or some one or other of the islands adjacent, (viz.)

Charles King , Thomas Thompson , Benjamin Rogers , Hugh M'Donald , Joseph Dyer , George Charlwood , Thomas Colebrook , John Langford , Sarah Parry , Thomas Harris , Hannah Mullens , James May , Edward Paild , John Delove , Henry Asser , Daniel Chambers , John Turwood , Thomas Freeman , and John Crawford , for life.

Reference Number: s17870110-1

George Dunstan , Thomas Scrivenor , John Bateman , Abraham Boyce , John Mears , George Shepherd , John Lockey , Mary Smith , Henry Palmer , Joseph Burdett ,

James Evans , William Knight , Joseph Butler , and Margaret Dawson , for the term of seven years.

Reference Number: s17870110-1

Samuel Burt convicted at a former session of forgery, was also put to the bar, and informed that his Majesty had been graciously pleased to extend his mercy to him on condition of his being transported for life ; when he addressed the Court as follows.

Your Lordship's humanity to me, and also that of the worthy Sheriffs, from the fatal day of my conviction, has stamped such an indelible impression on my mind, that I should think myself lost to every feeling of gratitude, if I did not return your Lordship and the worthy Sheriffs my most humble thanks; but my Lord, at the same time, I have to assure your Lordship in the most solemn manner, that as I now feel myself forever cut off from the union of a person that was most dear to me, death to me will be preferable to life; I shall therefore insist upon your Lordship to order my sentence to be put into execution: I am truly sensible of the crime I have committed; but it is the most pleasing reflection I have, that although I have been guilty of many irregularities, yet I do not look upon myself as entirely depraved, I trust in the merits of my blessed Saviour, through whose intercession, I hope to become a glorified Saint in Heaven, there to be delivered from the power of evil, and through him to have an entrance into that blessed world, where I shall no more know sin, sorrow, or death; there perhaps I may meet my amiable friends, and rejoice with them to all eternity.

Mr. Recorder. Young man, I was in hopes the unfortunate situation in which you stand had compleatly corrected the disorder of your mind, and the first part of your address confirmed me in my expectation; but you should well consider, in respect to the other part of your address; for if you have that sense of mind, that duty to God, and that submission to the laws of your country which you have expressed; you must know that you cannot commit a greater crime, than that of voluntarily throwing away that life, which the mercy of your sovereign has thought proper to spare; your execution upon refusing his Majesty's most gracious pardon, will be but self murder; and it is your duty patiently to submit to the consequence of that fact, of which you have been convicted; but in consideration of the state of your mind, his Majesty has extended mercy to you, in a case in which mercy is seldom allowed; for the crime of forgery is so heinous to the public, that it can only be on special circumstances that any mercy can be granted; the best proof you can give of a repentant mind, and of submission to the laws of God and Man, is to submit to his Majesty's pleasure, and to set an example to a part of the world where you may have an opportunity of leading an honest life for the future, which it is too difficult for you to do at home; you should be thankful for what you have already received, and submit to his Majesty's goodness in granting you a pardon; and therefore I expect from that sense of duty, and of religion, and submission to the laws, which you profess to have, that you will consider of it; and I will give you to the first day of the next session so to do.

Prisoner. My Lord, I thank your Lordship; but in the present case, I have an unquestionable right to my own opinion, and as death would be preferable to me, I am determined to persevere in applying for the execution of my sentence.

Court. You should be aware that if the King's mercy is rejected and abused, when you come to a better temper of mind, which the fear of death will certainly produce, you may have then no opportunity of applying for that mercy which you now refuse.

Prisoner. I am still determined to persevere in the same opinion.

Court. I shall remand you to prison, and give you till the first day of next session to consider of it, and if you then refuse his Majesty's pardon, you may expect immediate execution.

Prisoner. Very well my Lord.


View as XML