Old Bailey Proceedings, 21st February 1787.
Reference Number: 17870221
Reference Number: f17870221-1

THE WHOLE PROCEEDING 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 21st of FEBRUARY, 1787, and the following Days;

Being the THIRD 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 III. PART I.

LONDON:

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

MDCCLXXXVII.

THE WHOLE PROCEEDINGS UPON THE

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

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

London Jury.

John Hale

James Looker

William Collins

Rob. Shuttleworth

Thomas Hughes

Henry Haswell

William Morland

Robert Scott

James Councel

William Field

James Pattishall

John Bott .

First Middlesex Jury.

James Manley

John Rempall

* Geo. Manville

* Francis Searle served from the fifth day in the room of George Manville .

Thomas Spencer

John Brewer

John Powell

Richard Perry

William Wigley

James Sutton

William Bennett

Francis Froome

John Capps .

Second Middlesex Jury.

John Williams

Robert Bennett

James Norton

Anthony Artis

William Corn

William Maffie

Thomas Moore

Edward Farmer

Benjamin Busby

William Berridge

John Crutch

Godfrey Hill.

Third Middlesex Jury.

Tho. Woollerton

John Pittaway

Edward Alderson

Henry Harrison

Robert Sudlow

James Metcalf

Thomas Keys

George Wyatt

Henry Churchill

Thomas Dawson

Henry Harris

John Mortimer

Reference Number: t17870221-1

236. JOHN DAVIS (aged fourteen) was indicted for burglariously and feloniously breaking and entering the dwelling house of Metcalf Johnson , about the hour of eight in the night, on the 3d of February last, and burglariously stealing therein, two pair of men's leather shoes, value 5 s. his property .

METCALF JOHNSON sworn.

I live No. 65, Bishopsgate Without ; I am a shoe-maker ; the house is my dwelling house; on the 3d of this month, on Saturday evening, about eight, I heard the glass of the window break; I was in my back place when I heard the noise; hearing the glass break I ran out, and it was the outside window of the shop.

Have you a double window? - Double glass, and double window; the inside glass shuts upon hinges.

Was the inside glass, or the outside glass broke? - The outside window; when I ran out, the people said he ran that way, and I saw the prisoner laying down; I crawled to pick him up; his hands and feet were on the ground.

What did he say? - He said he did not know any thing of it, and that somebody had knocked him down; I did not find any thing upon him; I did not miss any shoes immediately, but the shoes were produced when he came into the shop by one Webster, he is not here; they are my property; they were made for sale; the initials of my name are in my own hand-writing; they have been in my possession ever since; I have kept them separate ever since; there were two pair of shoes taken; Webster produced only one pair; I took a candle, and went and searched, and in the place where he lay, I found this pair among the mud; this pair is also mine, I know it by the work; I have had them frequently in my hand, and put them into the window again; I am induced to believe they are mine, because they were brought in at that time; I would not make oath of them at another time, as I would at this; I believe them to be my property; when I searched for what shoes were missing, I found one pair wanting; I missed three pair in all; when the prisoner was brought into my shop, he had white nankeen breeches on, but they were all over mud; it was dirty weather, and the road had been new made; the shoes are both dirty; they are in the same situation they were when they were returned to me; this pane of glass was three parts broke at the window of my house; it is twenty inches by fourteen; there were shoes against the pane.

Was your door open at this time? - No, it was shut, whether it was before or after eight, I cannot say, it was thereabouts; it was quite dark; the lamps were lighted, and there were candles in the shop; these shoes were piled up one on the other; there were three pair missing in all.

GEORGE HILLARY sworn.

I am a tobacco-pipe-maker; on Saturday evening, the 3d instant, I was coming from work; I came to the prosecutor's window, and saw the prisoner standing at the window with a stick in his hand; I had never seen the prisoner before that time to know him; I saw him about five minutes; it was not above five minutes from the time I saw him, till he was taken; I kept my eye upon him, and with his stick he hit the glass, and snatched out more than one pair of shoes; this is the stick; he broke the window, and snatched the shoes out.

Was you on the same side of the way? - The same side.

Were there any lights near? - Yes, it was a moon-light night, and there was a lamp, besides candles burning; he snatched the shoes with one hand, I cannot say which; I am sure I saw him take the shoes; there was no soul night.

Is not it possible these shoes might have fell down when he broke the window? - No, no, I am sure he put his hand in, and took them out of the shop; he immediately ran off with them, and I ran after him; when he came about twenty yards from the prosecutor's door; he slipped down, and as he slipped, I collared him immediately; as he was getting on his knees, this Mr. Westber came by, and assisted in taking him; the shoes lay close by him, one pair, and this stick I took out of his hand immediately; I then took him into the prosecutor's house, the prosecutor looked in at his window, and said he had

missed more; he did not mention how many pair; the prisoner was present at the time; the prosecutor said the shoes that were brought in were his; the prosecutor went out immediately, and I saw him bring the other pair of shoes.

Prisoner. I leave it to my witnesses; I had just done work; I had been taking a walk, and coming down Bishopsgate-street, a gentleman took hold of me, I told him I was going home; he collared me, and took me into the shop; I am innocent.

Court to Mr. Johnson. Was any stick produced to you that day by any body? - The same evening, I really do not know who produced it; the shop was full; it has been in my custody ever since, till yesterday; this is the stick.

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

GUILTY , Death .

He was humbly recommended to mercy on account of his youth, good character, and being his first offence.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-2

237. WILLIAM CLAY was indicted for feloniously stealing, on the 22d of January last, nine silk handkerchiefs, value 39 s. the property of Walter Davis , privily in his shop .

WALTER DAVIS sworn.

I live in Bartholomew-close ; I am a linen-draper ; on the 22d of January last, I lost a piece of silk handkerchief, containing nine in number, which I put in the window that morning; I can only swear to my property; I was not at home.

JANE DAVIS sworn.

I am wife of the last witness: the prisoner at the bar came into the shop to cheapen some bird-eyed handkerchiefs; I never saw the prisoner before then, but I am sure he is the same; nobody was in the shop but myself when he came in; I had a dog in the shop that barked at the boy, and I imagine while I turned the dog out of the shop, he stole the piece of handkerchiefs; I did not see him take them.

How far did you go to turn this dog out of the shop? - Only just to a little door that opens into the entry.

Was your back towards him at that time? - Yes, it was turned upon him; he was in the the shop but a very little while cheapening the handkerchiefs; I cannot say to the time; it was in the day; when I turned round, I saw some handkerchiefs bulge out of his coat; he asked me if the dog would bite, and I told him yes; as soon as he came into the shop, he wanted to look at some bird eyed handkerchiefs; I took some handkerchiefs down to shew him, and the dog barked, and he said the dog would bite him; and I turned back to put the dog out; then I saw his coat bulge out; then I missed my property; the handkerchiefs I shewed him, were not those that he took.

Did you shew him the handkerchiefs before you turned to the door or after? - After I turned from the door, upon seeing something bulge in his pocket, I looked and missed the property directly, which was nine silk handkerchief.

Where had you last seen them? - I saw them hang in the window when he came into the shop; there is a beam on purpose to hang them on.

Was he near it? - Yes; he walked to the door as soon as he saw I perceived him; our maid, whose name is Jane Phillips came up, I told her to stop the prisoner, for he had stolen a piece of handkerchiefs.

Did you see the prisoner stopped? - No, he was brought back by the gardner, who took him a few minutes after.

The property that you saw upon him, in the way that he had it, could you distinguish whose property it was? - I missed my handkerchiefs directly, and there was nobody but him and me in the shop.

Could you see enough of them to know them? - I saw him button his coat, and I saw the ravelins hang out.

Could you judge by the ravelins that it was your property? - I did judge of it.

Supposing you had not missed any handkerchiefs at all, could you from what you saw under the boy's coat, have judged that to be your property? - To be sure not, but when I missed my handkerchiefs, I knew nobody but him and me were in the shop.

When the boy was brought in, were the handkerchiefs brought in at the same time? - Yes, the man that took him, had the handkerchiefs in his hand; his name is Cross; the handkerchiefs I saw, and examined; they are my husband's property; they were Barcelona handkerchiefs.

How many were there in this piece? - There were nine, I counted them over myself; they were new.

What is the lowest value? - Thirty-nine shillings.

Did you give that for them? - We gave a great deal more than that for them; they were marked with M U.

JANE PHILLIPS sworn.

I am servant to the last witness; I happened to come to the door, and saw the prisoner in the shop; I never saw him before; I am sure it was him; I opened the door, and let him out; my mistress was so frightened she could not speak at first; then she said, let the boy out, and after I opened the door, and he was gone out, she desired me to stop him, which I did; I never lost sight of him at all; I ran down the passage into Aldersgate-street; I saw William Cross, and I cried stop thief, and the man stopped him; the prisoner was brought back immediately.

When he was brought back, and when he was stopped, had he any thing upon him? - I saw him with the property under his coat.

What was done with that property? - Mr. Cross brought it back into the shop, and delivered it to me; and I delivered it to my mistress; my mistress looked over it directly, and she said it belonged to her husband.

Who has had the property ever since? - Couchman, the constable, my mistress gave it him in my presence.

Prisoner. I do not know what to say, any more than nothing at all.

- COUCHMAN sworn.

I produce the handkerchiefs, I received them from Mrs. Davis.

Prosecutor. This is my property; this is my shop mark M U.

WILLIAM CROSS sworn.

I heard the cry of stop thief, and I stopped the prisoner the corner of Long-lane, in Aldersgate-street, that may be a quarter of a mile from Mr. Davis's house; this young woman was in pursuit of the prisoner; I took these handkerchiefs from under his right arm under his coat; I brought them in my mouth to the door, and the maid took them and gave them to her mistress; the prisoner was very troublesome; I was obliged to have assistance to bring him along; the prisoner attempted to make his escape, and offered me a guinea to let him go.

You are sure of that? - I am positive of it.

Did he shew you the guinea? - I had it in my hand in the house; we searched him to see if he had any thing else; I shewed the guinea to the constable, and we gave it him again.

Couchman. The prisoner offered a guinea to the last witness, and he offered me a guinea to let him go when I was going to Wood-street compter with him; I saw the guinea in the hand of the other witness.

Prisoner. I asked for sixpence, and that guinea was clapped into my hand.

Do you wish to say any thing about the handkerchiefs? - I have people to my character.

(Called, but nobody answered.)

Prisoner. I do not know what to do;

a gentleman would come if he was sent for; I gave them a bit of a note, but I do not know where they are.

When did you send for them? - I have not sent for them; I leave it to your mercy.

Does your father live in town? - My father is dead, my mother is alive.

Jury. If am not mistaken, Mrs. Davis said,

"I said Jane, stop that boy, he has stolen a piece of handkerchiefs." - Yes, she did; she said on her evidence at first, that she told the maid to stop the boy; but the maid said, that when she first saw her, she was so frightened she could not speak at all; she then said, let the boy out; and the boy was let out; and then she said, stop that boy, he has stolen some handkerchiefs.

GUILTY , Death .

He was humbly recommended to mercy on account of his youth.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-3

238. CHARLES SHAW was indicted for feloniously assaulting John Hughes on the King's highway, on the 21st of February , and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 40 s. a steel chain, value 6 d. a cornelian seal set in gold, value 1 s. a silver seal, value 6 d. a brass watch key, value 1 d. a steel bed hook, value 1 d. and a cane mounted with silver, value 5 s. his property .

JOHN HUGHES sworn.

I live at Ratcliffe-cross; I am a ship caulker ; I was robbed on the 21st of February, on the fouth side of St. Paul's church-yard , within two doors of St. Paul's chain; as I was going from Watling-street towards Ludgate-hill, about seven on Wednesday evening; I had my heels tripped up, by I believe the prisoner at the bar, and some more that were with him; I do not know whether the prisoner or his accomplices tripped up my heels; I cannot say how many were with him; I know there was more than himself; he fell upon me; I felt some person or persons upon me, and he took my watch out of my pocket; as soon as I felt my watch go out of my pocket, I called out; I felt him draw my watch out of my pocket; it was a silver watch; there was a steel chain and seals, as described in the indictment; I have never seen the watch since; when I found the watch go, I cried out, and the prisoner attempted to take my cane; my cane was mounted with silver; I cried out, you have got my watch; the prisoner strove to wrestle the cane out of my hand; I held fast, and got up by this time, and seized him by the collar; I never quitted my hold till he was in custody; when I seized him by the collar he wrestled for the cane; before I got up the watch was drawn from me; I cannot say whether I was on my legs or down when I collared him; assistance came immediately and seized him; it was a woman named Jane Winter that was with me; he was taken into a gentleman's shop named Holland; and they sent for Mr. Stretton; I cannot tell how many men there were; I had such a fall on the iron rails; I fell on my short ribs, and it deprived me of my breath.

The prisoner never got away after you collared him? - No, Sir, I will be bound if I collared him he would not get away from me.

Did he? - No, he did not.

Had you been any where that day? - I had been to Chelsea receiving some rent.

Had you been drinking? - I might have been drinking a glass of punch, but I was compos mentis; I was in a state of mind that I knew how to take care of myself very well if I had not been interrupted by these rascals.

Do you recollect when you last saw your watch? - Yes, I recollect very well I saw it about three o'clock; I am sensible

I had the watch in my pocket at the time I was tripped up; I did not see it after three, but I saw the trinkets afterwards.

JANE WINTER sworn.

Where do you live? - In Whitefriars.

Are you a house keeper there? - No.

Have you lived there any time? - Since the 6th of June last.

Do you carry on any sort of business there? - I get my living by industry, by washing.

At whose house do you live? - At one Mrs. Snow's.

Do you know Mr. John Hughes ? - Yes.

Where did you first see him? - I saw him at a friend's house in Cannon-street; I was in company with him about four that day before he was robbed; he was going to see me home with my little boy, from my friend's house, known by the sign of the Dyer's Arms, in Cannon-street; the first observation I made was at the end of Watling-street; I saw a man standing opposite to the grocer's, and he rather eyed Mr. Hughes as he crossed over the way; I perceived that very perfectly.

Where did Mr. Hughes cross the way? - He crossed over to the south side of St. Paul's.

Did he come through Cheapside? - No, through Watling-street,

What do you mean by crossing over? - Crossing over the Old Change; there were two men standing on the other side opposite St. Paul's, at the corner where the fire was; and to the best of my knowledge they met near where Mr. Brown the cabinet maker lives; the three men joined.

Did you see them join? - After what passed, I looked just to, and I saw the three men together near Mr. Brown's the cabinet maker's; they walked a little below Mr. Holland's the oil shop; they then got before me, and the three men passed me, and went and jostled against Mr. Hughes, and tripped up his heels.

You were not walking arm in arm then? - No, my Lord; I had my little child in my arms; Mr. Hughes was tripped up; he fell against the bars of a cellar window; then I saw the prisoner on Mr. Hughes; Mr. Hughes cried out he had lost his watch; and laid hold of the prisoner; Mr. Hughes had his cane in his hand; the prisoner had one end of the cane, and Mr. Hughes had it also, so that I cannot say Mr. Hughes had the cane totally in his hand; he attempted to take the cane from Mr. Hughes, when he collared him, he carried him into the house of Mr. Holland.

Look at the prisoner; is he the man that he carried into Mr. Holland's house? - Yes; he never lost sight of him after the dispute about the cane; they never were parted.

Did you hear Mr. Hughes say he had lost his watch? - Yes.

Do you recollect you saw Mr. Hughes have a watch? - I do not.

In what condition was Mr. Hughes, was he drunk, or was he sober? - He was not sober, nor he was not in liquor; he was rather in liquor.

Was he sober enough to know what he was about? - He certainly was, my Lord; he immediately cried out he had lost his watch.

Was the boy searched that night? - Yes, nothing was found upon him.

Were there many people in the shop where the prisoner was carried into? - Mr. Holland was there, and two more gentlemen came in; but none of the people from the street.

Court. Was there light enough to distinguish the prisoner? - There was light enough by the lamp; the cane was in the prisoner's hands.

Was it the prisoner that you saw eying the prosecutor as you told me? - No, it was not the prisoner.

Prisoner. The prosecutor was so drunk that he ran against me. - He did not.

EDWARD STRETTON sworn.

I was sent for to take the prisoner into

custody; he was in Mr. Holland's shop, for robbing Mr. Hughes of his watch; Mr. Hughes charged him with robbing him of his watch and cane.

What account did he give of the cane? - As I understood he was robbed of his watch and cane.

Is it a silver headed cane? - Yes, I believe it is.

(The cane handed to the court, and shewn to the Jury.)

Court to Constable. When you went to the oil shop, you saw the prosecutor there and Mrs. Winter? - Yes.

In what condition did you find Mr. Hughes? - He was not really sober, he was very little in liquor.

Was he sober enough to walk about well? - Oh, dear, yes.

Was he sober enough to know what he was about? - Yes.

Did he give an accurate account of this business? - Yes.

Do you mean to be positive that he told you that he lost his cane? - I understood him so upon my word.

PRISONER's DEFENCE.

I was coming along the back of St. Paul's, this gentleman was so much in liquor that he ran against me; he fell to the ground, and said, I had robbed him of his watch and cane; he found his cane under him; he took me into a gentleman's house and searched me; there was no watch found about me; I am in the butchering way; and I could have sent for some witnesses if it had not been Saturday.

Are you an apprentice? - No, Sir; I only work along with them as a journeyman with my father.

GUILTY , Death .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-4

239. MICHAEL DAILEY and ELIZABETH CONNOLLY were indicted for burglariously and feloniously breaking and entering the dwelling house of Catherine Plomer , about the hour of nine in the night, on the 15th of February , and burglariously stealing therein, one black silk gown, value 10 s. three sattin gowns and coats, value 2 l. a woman's cloth riding habit, value 20 s. three muslin gowns, value 20 s. three muslin coats, value 20 s. three muslin cloaks, value 15 s. fifteen pair of muslin robins, value 8 s. two pair of thread mittens, value 2 s. eight yards of India silk, value 3 l. eight yards of silver muslin, value 4 l. a sattin cloak, value 3 l. two pair of black sattin breeches, value 20 s. a cloth coat, value 10 s. a great coat, value 20 s. four waistcoats, value 14 s. a dimity coat, value 10 s. a cotton joseph, value 20 s. nineteen muslin handkerchiefs, value 20 s. five cravats, value 10 s. three pair of sheets, value 10 s. five night caps, value 2 s. nine pair of silk stockings, value 40 s. a chintz gown, value 10 s. eight muslin aprons, value 16 s. five napkins, value 4 s. two shirts, value 4 s. a pair of dimity pockets, value 4 s. a cotton bed gown, value 2 s. two pair of stays, value 6 s. three pillow biers, value 3 s. a cotton counterpane, value 2 s. two chintz bed gowns, value 3 s. two handkerchiefs, value 6 s. a black silk cloak trimmed with lace, value 10 s. eleven shifts, value 33 s. a blue sattin stomacher, value 12 d. a pair of stone knee buckles, value 12 s. a pair of gold ear-rings, value 12 d. a silver tea pot, value 3 l. a silver tea pot stand, value 20 s. five table spoons, value 40 s. a gold watch, value 5 l. a silk watch string, studded with steel, value 20 s. five stone seals, value 5 l. a gold watch key, value 12 d. a miniature picture, value 20 s. one ring set in gold, value 10 s. and one other ring set in gold, value 20 s. her property .

CATHERINE PLOMER sworn.

I know the things that were stolen to be mine; I know that when I went out, which was between the hours of six and seven, with this gentleman, Mr. Bowden, I sat him down at Covent Garden, as I intended

passing the evening out, which I did; I came home about twelve o'clock, and found the house was robbed; I heard of its being robbed about ten; I know nothing of what happened while I came home; I only know this, I saw the maid shut the door with a candle in her hand, that was the prisoner Elizabeth Conolly ; she had lived with me about a fortnight.

Who did you leave at home besides her? - Nobody to my knowledge.

What time in the evening did you go out? - Between six and seven.

What day was it? - On Thursday last the prisoner came to the door with me, held the door in her hand, and shut it after me.

I think you say you left nobody at home but her? - Nobody that I know of; when I came home, I found Mr. Bowden there; he did not live with me; he called on me as a visitor now and then; there was no part of the house broke open, but a cupboard was atempted to be broke open; I missed the things mentioned in the indictment at least; I put a principal part of the things I lost in the indictment; the things were taken principally from my dressing room, up two pair of stairs adjoining to a bed room.

Were the drawers of that room rifled? - Yes, they were; the upper part was a book-case; the prisoner Connolly was gone when I came home, and took the key with her; I never saw her again till she was apprehended.

How long after he was she apprended? - The next day to the best of my knowledge; I think it was about three o'clock; I saw her at Sir Sampson's in custody; she said, nothing to me at all; she denied any knowledge of the things.

Did she give any reason for having absconded and left your house without notice? - Not in the least; but a letter.

Mr. Knowlys, Prisoner's Counsel. You must not tell us what she said in that letter.

Court. Did you ask her why she had left your house? - I did, but she did not make any answer.

Do you know whether the letter was in her hand writing? - It was compared with her writing, and I have seen her write bills.

From that do you believe that letter to be her hand writing? - As far as I think I believe it is; I think this to be the very same letter; I received that in the evening of the day she was taken into custody.

(The letter read, addressed to Miss Plomer, No, 8, Howland-street.)

"Madam, I am to be the informer of

"your loss; I went for the old woman as

"soon as you was gone last night, to come

"and help me this morning to clean the

"house, but she was not at home; it was

"about an hour before I returned; when

"I came to the door I could not open it;

"I heard a noise in the parlour, which I

"thought you was at come, and that you

"was angry, so I stopped a good while,

"and then went away; I returned again,

"found the door open, and went into the

"parlour, and the things I left there were

"gone; afraid Madam to see you, when I

"found them gone, I thought you would

"send me away, so set off myself; but I

"cannot very well afford to be without

"employment; hoping, Madam, that you

"will make some enquiry that you may

"not think I am in fault, I am your

"obedient, and most humble servant."

(No name.)

Mr. Knowlys. How long do you say this person had been in your service? - About a fortnight.

There were a great number of articles? - Yes.

I suppose you could not have a recollection whether they were all in the house that day? - Yes, I am positive they were.

Had you looked at them all that very day? - Yes, I had occsiaon to look for something that day; I do not think I had lost some of these things before.

- BOWDEN sworn.

On Thursday evening, between six and seven, I went out with Miss Plomer, from her house in Howland-street; she was kind enough to say she would set me down at Covent Garden theatre, as she was going to spend her evening in the city; the maid lighted us to the door, held the door in her hand, and shut the door with a candle in her hand; that was a little before seven; I parted with Miss Plomer at Covent Garden, and I returned to her house again just as the watchman had gone his round for ten o'clock; I knocked at the door and nobody answered; I then pushed at the door, and found that the bolt was just hung on the thing that receives it; just pressed upon it; I pushed the door from me, and it opened; I then walked into the parlour, and found a part of a mould candle laying on the table, lighted, burning in its own grease on the table; I was so very much confused that I did not immediately extinguish the light, but looked round the room, and on the side board in the recess, I found this article. (A sort of chissel or crow.) I also found they had been attempting to break open the door of the cupboard, but had not been able to force it open; I then went out and called the watchman; I found nobody in the house; the watchman went into the kitchen; and I looked for this silver tea pot and stand, and the milk pail, which we had just used at tea, and found they were gone, and two of the drawers in the dresser open, and this metal watch was gone, which used to stand on the chimney; I then went up stairs, and found in the first bed room, that they had stripped off the chintz curtains from the rods, and had taken the coverlid off; I then went up stairs to the room adjoining to the room where Miss Plomer sleeps, and I found it stripped of every thing; the wearing apparel almost entirely gone; after searching the house entirely round, and being convinced there was nobody in the house, I told the watchman to go out and watch if anybody came to the door, and leave me in the house till Miss Plomer returned; she came back about twelve; I went to the door on hearing a coach stop, and apprized her of her loss; she was very much confused, I endeavoured to appease her with all the arguments I could; at last, when she was sufficiently so, I took an account of all the things that were missing, all that she could recollect that evening; in the morning early, I accompanied her to Sir Sampson Wright's office, who advised us to make enquiry at the place where she last lived, which was Mrs. Vincent's, in Hanover-street, Hanover-square; I went there, and in consequence of the information I received, we went to Mrs. Hicks, in David-street, Berkley-square.

Court to Prosecutrix. Had you her character from Mrs. Vincent? - Yes.

Mr. Bowden. Mrs. Hicks gave us a direction to the prisoner at the bar's sister; a Mrs. Boss, in Joys-court, Oxford-street; we went there, and I took the coachman with me into the court, and I found the aunt of the prisoner, whose name was Connolly, and she went with me to Mrs. Boss's lodging in New James-street; she was not at home, but I saw her daughter; we interrogated them, both the old woman, and Mrs. Boss's daughter, and took both to Sir Sampson's; the girl was examined, and by what appeared on her examination, we were directed to Michael Daley , who is the man prisoner; in consequence of that, Jealous and Carpmeal went from Sir Sampson's, I did not go with them; the result of that was, that they took them, and brought them to the office; I suppose they might be gone two hours, or two hours and a half; they took them and brought them to the office; they brought a great deal of property back with them; I was present when the prisoners were examined; they appeared very sulky and churlish, and would not speak at all; as for the man, he was drunk. Last Monday evening was a week, to the best of my knowledge, I returned with Miss Plomer, who had been out, and she went down into the kitchen, and came up very much confused, and said there was a blackguard

looking man in the kitchen, and desired me to go down to see him, which I did, and it was the prisoner Daley.

Was there any other servant but Connolly? - No other servant regularly kept, but a woman occasionally to assist her; this hammer was found the next day in the back kitchen, which was not the property of Miss Plomer, nor the iron crow.

Mr. Knowlys. This man in the kitchen you had never seen before? - No, never to my knowledge; I went to the cistern, and washed my hands, and when I returned, I looked at him again; I am sure of his person.

CHARLES JEALOUS sworn.

On Friday, the 16th of February, when Mrs. Plomer and this gentleman brought a little girl; I was desired by Sir Sampson to go to No. 25, North-row, Grosvenor-square, to a cook's-shop, to enquire for one Michael Daley; they said no such person lived there, that he was gone away about six weeks, and they believed he was gone to Ireland; then my instructions were to enquire for Mr. Burr, in Chandlers-street; I found him out, and from him I found Michael Daley , who said he drove a cart for him; I told him a place had been broke open belonging to one Miss Plomer, and he referred me to the same place where I had been before; I went there, and they denied him still; I insisted on going up stairs; I went up two pair stairs, and broke the door open; I found nobody in the room.

What did you find? - I found a quantity of plate, these watches, and almost all the articles in the indictment; Carpmeal went to a door just by, and apprehended the prisoner in another house, that was in about ten minutes after I found the things; I desired Mr. Carpmeal to bring the prisoner up stairs, and I asked him if the clothes that were laying about the room were his property; he said, yes, and it was his own room; and in the same room I found a check apron, with a cloak, which the woman prisoner acknowledged afterwards to be her property; there was one gown, which she said belonged to her; and in the same bundle, a gown, which that lady has positively sworn to be her property; that bundle was between the sacking of the bed, and the feather bed; it contained most part of the things, which were the plate, the watches, and the candlesticks, and the lady's gown; and most part of the bed furniture, were in the lady's gown wrapped up in the bottom of the box; I found these gold watches lay along with this plate, and the jewels; there were a quantity of wet things; I found between the sacking and the bed, which I gave to Mrs. Plomer, thinking there was property enough here without them; they were some aprons and ruffles, and a toilet, and a piece of broad cloth lay between the bed and sacking, which is here; Carpmeal took up the prisoner Connolly; I heard her acknowledge before the Justice, that that bundle was her's, and she begged to have the gown and the cloak back; that was on Friday, the 6th of February, the same day she was apprehended; Sir Sampson would not give it her back, as the lady's gown was found with her's.

THOMAS CARPMEAL sworn.

I took the prisoner Daley about three or four doors from the house; it was in a kind of gallery down the stable yard; I traced him from a public house, to the washer-women's, with a pot of beer; when I was making enquiry, he tried to make his escape; I took him into the cook's-shop where he lodged; I did not tell him what he was wanted for, I told him when I took him down what it was for; and I tied his hands and searched him; he endeavoured to put his hand to his pocket, and in his coat pocket I found a clean handkerchief folded up; in his breeches pocket I found a pair of gold wires for the ears; round his neck, a muslin handkerchief; in his pocket, two keys, the key of a door, and the key of a box; the key of the door opened his room door; the key of the box opened the box that contained the plate; I then took him up stairs, into the room where the things were; he

was asked then, whether the things that were found there belonged to him, particularly this coat, which is a sort of working jacket; he said they were his; I then found two keys in the pocket, one is the of the prosecutrix's house, the other the key of the house where he lodges; I tried the key to Mrs. Plomer's door, in the presence of Mr. Bowden; then I left him, and returned to this place where I found him, and there I found the woman, and I took her in the same place I took him; I searched her, and in her pocket I found this cloak; I asked her whose cloak it was, and she said it was her own, and wanted to put it on; seeing it all over powder, I thought it was not her's, and I kept it; in her pocket also was this stomacher; when I brought her down to the office, I took her backwards to search her more; on her back I found this shift, which the lady says is her's.

Court. Shew the prosecutrix the handkerchief found in the coat pocket of the of the prisoner.

Prosecutrix. It is mine, I hemmed it myself; there is no mark on it, nor a letter; there were five more; they are my property.

(The gold ear wires that were found in his fob shewn to the prosecutrix.)

They are very like a pair that I had in a toilet drawer.

Mr. Knowlys. Those are a very common sort? - Yes.

Court. Shew the prosecutrix the muslin handkerchief that was found on the prisoner's neck, and the stomacher, which was found in Connolly's pocket? - This is mine, it is a stomacher belonging to a dress; I know this handkerchief particularly, by a corner being torn out, and darned the first time I had it on.

Court. Shew Miss Plomer the key that opened her house? - I believe this to be the key of my door, but there is no particular mark to it; I have lost the key of my door.

Court. The cloak that you found in Connolly's pocket shew to Miss Plomer - This is mine, I know it particularly, I made it myself, and the lace was torn in a particular part; I have no doubt of its being mine.

Court. Shew the shift that was found on the prisoner Connolly to Miss Plomer? - This is mine, but the P is taken out, here is C No. 10.

Where was that plate found? - In a box that was nailed up.

Carpmeal. I tried the key found in his pocket, and it opened the box where the plate was found.

Court. Look at two or three of the most material articles that were found in the box.

Miss Plomer. I am positive this is my watch, for I wore it some time without the outside case, and thereby damaged the enamel; it was in one of my drawers; I know this tea-pot and stand; I am sure they are mine.

JAMES PARROTT sworn.

On Thursday night, about a quarter before eleven, the man prisoner, and a woman with him, came into my house; I keep the sign of the Duke of Marlborough, in North Audley-street; I believe the woman is the same person, but I cannot swear positively; I did not take any particular observation; they staid about half an hour; they brought nothing with them that I saw, and they went away.

MARY CHIVERS sworn.

I live in the same house with the prisoner Daley; about half past ten, on Thursday night, he came in with a large bundle; nobody was with him; I thought it was my husband at the door; I went to the door to open it, and it was the prisoner with the bundle; he carried it up stairs, and when he came down again, I asked him if he was going to be married, and if it was his household furniture that he brought in, he said yes.

Court to Prosecutrix. You saw the maid shut the door, after you when you went out? - Yes.

Are there any more doors than one? - Only one street door; I cannot say I had been down within an hour or two of the time I went out; I am sure none of the doors or windows were open when I sat in the coach; I saw all the front windows were shut.

Court to Mr. Bowden. When you went down stairs, did you observe whether the back doors were open or shut? - I cannot exactly say, I was most exceedingly confused; there is a very small yard behind the house, with a tolerable high wall, and no door out of the yard.

Miss Plomer. I did not observe the back door, I was so frightened.

Was any door of the house broke open? - No.

Mr. Knowlys. You take all the receipts in your own name? - Yes.

Was the house originally let to you? - Yes.

Who pays the land-tax? - Myself.

Has no gentleman paid it for you? - No.

Has there been no agreement, that in case you do not pay them, another person should? - Never.

Have you ever been married? - No.

Prisoner Daley. I knows nothing of the matter.

Mr. Knowlys. This is an indictment for burglary; it is clear that no force had been made use of on the door of the house; the door is in that state in which it might be left by neglect of a servant.

Court. There is no proof of any forcible breaking certainly; but I am of opinion, that if the Jury should believe this theft to have been committed by both the prisoners, the servant and Daley, that the servant's opening the door to that man to let him in, for the purpose of robbing the house, is burglary in them both: the fact I shall leave to the Jury.

Mr. Knowlys. It depends on the idea that this man was not in the house at the time.

Court. It does so.

Court to Prosecutrix. About what value were the things lost? - About fifty pounds.

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

Prisoner Daley. She gave the things to me, and said they were some things of consequence, and I took the bundle to my room, and I locked the door, which had not been locked for three months before.

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

Prisoner Connolly. My Lord, my mistress desired me to move those things, as she was going to leave her lodgings, and I have a witness of that.

Prosecutrix. You might as well suppose I was going to set the house on fire.

MICHAEL DAILEY , ELIZABETH CONNOLLY ,

GUILTY , Death .

She was humbly recommended to mercy by the Prosecutrix.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-5

240. ANN ELDRIDGE was indicted for stealing, on the 12th of January last, twelve china plates, value 9 s. the property of John Lane .

JOHN LANE sworn.

I keep a shop in High-street, Bloomsbury ; on Saturday, the 12th of January, I missed twelve china plates; they were stolen from the outside of the door; they were exposed for sale; I was sent for to Mr. Walker's office as soon as I had missed them, and I found them there, and the prisoner in custody; I can swear to the plates by some ink being dropped on three in the morning; I have a many more of the same pattern.

EDWARD TREADWAY sworn.

On Saturday, the 13th of January,

about twelve, the prisoner was brought to the office in Hyde-street, for stealing some books; I took her into custody, and searching her, I found these dozen of plates tied up in an old apron under her cloak; Meecham found the owner of them.

GEORGE MEECHAM sworn.

I know nothing further than the last witness; I went to Mr. Lane's, and asked him if he had lost any plates, and he said he had just lost some, and I brought him to the office, and he swore to them as his property.

PRISONER's DEFENCE.

I bought these things of a woman; I bought the whole, and so because I gather old clothes about the streets to buy and sell, I sold her a bed gown and petticoat for three shillings and sixpence; she asked me to buy a dozen of plates, and five books; I let her have the petticoat and gown, and I gave her two shillings.

GUILTY .

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

241. The said ANN ELDRIDGE was again indicted for stealing, on the 13th of January last, five printed bound books, value 2 s. the property of John Marsom .

JOHN MARSOM sworn.

I am a bookseller in High-holborn , on the 13th of January I had been out; on my return home, I was informed a person had taken some books; I pursued her, and took her with the books in her apron; a woman was pursuing her for taking a bunch of turnips; on her opening her apron, I saw my books, and under them a dozen china plates; I took her to the Justice's, and she was committed. (The books produced and deposed to.) They are my books, and have my private mark; they were standing on a board, on the outside of my shop window.

What value are they? - About two shillings.

Prisoner. Did you see me take the books? - I did not.

PRISONER's DEFENCE.

I gave five shillings for the books and plates, to a woman in the street.

GUILTY .

Imprisoned six months in the House of Correction .

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

Reference Number: t17870221-6

242. JOHN PONSARQUE DUBOIS was indicted for burglariously and feloniously breaking and entering the dwelling house of John Grant , about the hour of four in the night, on the 7th of February , and burglariously stealing therein, one ivory toothpick case mounted with gold and pearls, value 3 l. one silver toothpick case, value 3 s. a base metal watch, value 3 l. a silver watch, value 3 l. a watch with a gold case, value 8 l. and one gold patent watch book, value 20 s. his property .

The prisoner being a foreigner , a Jury was sworn of half Foreigners and half Englishmen, as follows.

John Williams

Frederick Lang

Robert Bennet

John Lezeune

James Norton

Henry Weischmere

Anthony Artis

Henry Lendenberg

William Corn

John Helsea

William Massey

Henry Freiake .

Mr. Garrow, Prisoner's Counsel.

(The witnesses examined apart.)

JOHN GRANT sworn.

I live in Cockspur-street ; I keep a silversmith's shop ; my house was broke open on the 7th of this month, in the morning between four and five; one of the shutters was taken down half way.

Who fastened the shop up that night? - My shopman.

Do you happen to know whether all was fast that night? - Yes, it was fast; in the morning only one shutter was wrenched away from the other; all was safe the night before; I know that of my own knowledge.

When were you first alarmed in the morning? - Between four and five in the morning I heard a noise; I got up; and I saw the shutter half way down, and the glass broke, and the wire that the watches hung on broke also, and a brass wire upon which watches hung was broke off.

Was any watches or trinkets gone? - I could not tell then, for before I came down, they got the prisoner to the watch-house; I did not look then; the prisoner was in custody.

Were any of the things found? - Yes, a watch.

Mr. Garrow. What is your shopman's name? - James Lucas .

How long has he lived with you? - Upwards of two years.

What part of your house did he sleep in? - In the back parlour; exactly joining to the shop.

At what distance from the front windows? - At about the distance between me and my Lord.

In what manner were your shutters fastened? - There is only one iron bar with a pin, and key'd on the inside.

When you got up, did you observe the manner in which the shutters had been opened? - I did not.

Did you observe from the inside in what manner your shutters had been opened? - The one had been shoved past the other; the iron bar, the pin, and the key were in their usual state.

Had it occurred to you ever to observe your shutters before that, that one could be shoved past the other? - I never did observe that.

How was the glass disposed of? - It was broke inwards, and the wire was broke that the watches were on.

Did you inspect it so accurately as to know whether the wire was bent inwards or not? - I cannot say that I did; I had no other idea but it was broke from without.

But you are not able to state to my Lord and the Jury whether the wire was bent inwards, or whether it had received it's bruises from outwards? - It might snap from force internal or external.

In what state did you find your outer door? - The outer door had been opened; the door was then shut.

Was Lucas dressed at that time? - No; he was so anxious that he had not dressed himself.

Had he gone out without any clothes on him? - He did.

Without shoes? - Yes.

In short without any thing but his shirt? - Not even his shirt, as I am told; I was not there.

How far did Lucas go without any thing upon him? - He went a good way up Suffolk-street.

Into Hedge-lane? - Not that I heard.

In what manner were your shutters fastened, was there a hook at one end of the bar and a pin at the other, or was every particular shutter pinned? - No, Sir, there are no screws to the shutters, and no pin except one at the end to fasten the bar.

Have you got the iron here that was found on the outside? - My man has.

Were the things that you lost left in the window the preceding night? - Yes.

Were they usually left? - They had been for some time; we very often neglect them and sometimes take them in; the best course is to take them in, and put them in a place of safety; I was at home that evening myself; I believe Lucas was at home that whole evening.

Had any thing remarkable happened that evening? - Nothing that I recollect.

Was it a part of Lucas's business to remove these things? - No, it was not; I always removed them myself; I have not

discovered any thing but the things mentioned in the indictment; I do not know what I have lost; there might be some trifling things that have not been discovered, but they must be trifling things; as for the things mentioned in the indictment, them I am sure I lost, and lost them in the course of that day; I cannot say to the evening.

What sort of articles may you have lost at the same time? - I suppose some tle trinket or the other.

Will you enumerate the several articles that are in the indictment? - The principal thing is the toothpick case.

I do not like that answer, the principal thing; what things did you lose? - Two toothpick cases; there are watches which are forth coming; two metal watches, one French gold one, and a silver one, which are all mine.

Of these articles which of them have you seen since? - All of them.

Did you lose no other articles that you knew of, except these that are mentioned in the indictment? - I told you before that I did not know of any, except some trifles, there was a gold patent watch hook, it was found at that time, but we took no notice of it at that time.

How near to the door was the pane of glass that was broke? - It was the second to the door.

Were there articles hung up at every pane? - Yes.

Not equally valuable? - No.

This was a pretty good pane? - It was.

I will venture to ask you, before you saw the prisoner at the watch-house had you ever seen him in your life? - Never.

Had he, as far as you know, any communication with your family? - None in the world; the maid had a light, and stood at the door while Lucas was gone.

Had the maid been called before he went away? - She got up naked.

So the naked maid stood at the door with a candle, while the naked man was gone after the thief? - Yes.

Was she as compleatly in puris naturalibus as the man was? - Not quite.

Where did she sleep? - Near the shop; not directly under the man's room; there was no candle that I knew of burnt either by the man or the maid; I came in consequence of an alarm from the maid.

Did you observe the candle that the maid had? - No.

Was it a candle stuck into a tinder box or in one of your family candlesticks? - I cannot say I took notice of that.

Recollect now - I cannot; but I know that in the parlour we had a candle in a brass candlestick.

Are you correct in the day on which this happened, you have stated it was on the 7th between four and five in the morning? - Yes, I am pretty sure of that, it was on Wednesday morning.

Did you go to the watch-house immediately? - Yes.

Were any of the things produced to you immediately when you first went? - Yes, the two toothpick cases.

I believe the watches were brought afterwards to your house however, and the watchman left them? - I cannot recollect them; I did not see him searched; the two toothpick cases were shewn to me; one of the metal watches was found in the area of Mr. Thompson's house, in Cockspur-street; my man brought the silver one in.

Do you remember the examining whether there was any blood about your shop window? - I do not.

Was the prisoner's hands examined? - Yes, there was a little blood and a scratch, but nothing material; he appeared to have cleaned that with a handkerchief; there was a handkerchief produced that was bloody.

You understood that the man had been knocked down and beat about a good deal? - No, I did not; I understood that he had made a blow at my man, and that they both fell down together.

JAMES LUCAS sworn.

I am shopman to Mr. Grant; I shut

up the shop on the night of the 6th of February, about six; I shut it up of nights.

Do you shut up shop so early as that? - Generally at this time of the year.

What entirely? - No, not entirely, the window shutters.

When do you fasten the door? - At eight o'clock.

What time did you go to bed? - I do not know exactly the hour.

As near as you can? - Perhaps it might be eleven; it might be after, I cannot say; I sleep in the parlour adjoining the shop.

Had you any alarm that night at all? - Yes, between four and five I was alarmed by the shop window being broke.

Did you get up immediately? - I saw the man's head against the shop window.

In what manner? - He was in the street; I saw him taking the things out of the window; he was standing opposite the second pane of glass on the right hand side going out.

How was he dressed? - In brown coloured clothes.

Had you an opportunity to observe him? - Not at that period of time to take particular notice of his person.

You was then at the glass door? - Yes.

He was in the street? - Yes.

What light did you see him by? - I do not know whether there was the moon, or whether it was the lightness of the morning or the lamps.

Jury. Have you any lamp on the spot? - There is a lamp at the street door, not exactly at the spot.

Court. Was there any light in the inside of the shop? - No.

Was the door or the window of the shop open? - One of the shop shutters was slided down; shifted off the hinge where it twists.

How far was it moved? - About half the width of it over the other shutter that was up.

How high is the shop window from the ground? - It might be about two feet or two feet and a half from the ground.

What may be the heighth of the window? - I cannot say.

As near as you can judge? - I cannot pretend to say; there were only three large panes in the heighth of the shop window.

What the whole from top to bottom? - Yes.

How long have you lived there? - Going on three years.

Is not the shutters higher than you are? - Yes, the shutter was the end to the ground, and shoved a little over the other.

How much of the window was open by that means? - I suppose about three parts of the pane of glass, or a little more.

How wide was the pane of glass? - It might be twelve or fourteen inches wide.

When you looked at it was the glass door between the parlour and the shop? - Yes.

Could you see through that, a man standing in the street, so as to discern how he was dressed? - Yes, so as to discern the colour of his clothes, but not his person; as soon as I saw the man I went to the parlour door that leads to the passage, and then to the house door; I unlocked the house door and took down the chain that goes across it; then I went out and I saw the prisoner taking this metal watch out of the window; I opened the door as fast as I could.

How is the street door fastened? - With a lock and chain; there is a bolt to it; but I do not think it was bolted.

Was it double or single locked? - I cannot recollect.

Was the chain up or down? - It was up; I unlocked the door, and took the chain down as fast as I could.

How far is the door from the shop window? - I suppose four or five yards.

Then this man was not alarmed with the noise of your opening the door at all? - No; I suppose he could not hear me unlock the door, or take the chain off, because the dog was in the shop at the same time barking at him, which I suppose turned

the noise; he let the watch fall directly, and ran off.

How came he to let it fall directly? - Upon my word I do not know; it was as soon as he saw me; I immediately pursued him; he ran up Suffolk-street; I laid hold of him, and turned him three or four times backwards and forwards; what I mean by turning him, is, he ran backwards and forwards, up and down the street; he was down there in Suffolk-street; whether I struck or pushed him down I am not sure; and in the scuffle we were both down together; I found he got the advantage of me; he got up again; I immediately pursued him again; he ran down the street, and crossed Cockspur-street opposite Jefferies and Jones's; I saw him in Suffolk-street, while I was running after him, throw away these articles, an ivory toothpick case, a silver watch, and a red Morrocco bracelet, as he was crossing over; I ran after him, and by Thompson's the haberdasher's I caught him again; he struck at me; I saw a blow coming, and I put my head on one side, and prevented him striking me; then I struck him down and collared him, and kept him till the watchman came up to me; I gave charge of him to the watchman; so I went home to put on some of my clothes; I had no clothes on at this time not of any kind; the watchman that was at the corner of Jefferies and Jones's brought him, and searched his breeches pocket, and found this gold patent hook in his pocket; I saw it found.

When did your master come down? - He was not down stairs till he was gone to the watch-house; the articles that are here, the ivory toothpick case, the silver watch, I picked up; I know them to be my master's property; and when I got my clothes on, I picked up some bracelets and some small trinkets that were thrown opposite the window.

Mr. Garrow. You slept in the back parlour if I understand you right? - Yes.

That is close adjoining to the shop? - Yes, there is a glass door and a glass partition.

Was the door open when you went to bed, or did you shut it? - It was fast.

You did not burn a light? - No.

You went to bed about eleven? - Thereabouts.

Was you the last person up in the family? - Yes.

Is there any maid servant in the family? - Yes.

Where does she sleep usually? - In the kitchen.

How long might it be from the first alarm that you had of the shutter, to the time you got compleatly out of the house? - It might be two or three minutes; I never heard the dog bark till the pane of glass was breaking, that was before I got out of bed; he continued barking till I went out.

Did he go out with you? - No.

You stood looking on at the man taking the articles out? - Yes.

You could distinctly observe that his clothes were brown? - Yes, Sir, I could distinctly.

Could you observe what colour his waistcoat was? - No, as well as I recollect his close bodied coat was buttoned, and his great coat was the same colour.

Was the great coat buttoned? - No.

Did you observe whether he had a glove on when he was pulling out the articles? - Yes.

What coloured glove? - White leather.

What they call Woodstock? - I fancy it is what you call wash-leather.

Had you any fire arms? - No.

Any watchman's rattle? - No.

Any bell in the shop? - No, there is a bell in the shop, but I did not go into the shop; there is a bell that goes out of the shop into the kitchen, and another that goes out of the parlour into the kitchen.

So you observed the man through the glass partition; then through the glass inside of the shop, and so then through the window, and so then you saw his brown great coat? - Yes.

Did you ring either of the bells? - No;

the stairs of the kitchen go out of the passage; there is no door at the head of the kitchen stairs.

Is it a large chain that goes all across the street door? - It goes only half-way.

Is it a large rattling noisey chain? - Yes.

The noise of that, the man could not hear, by the dog's barking? - No; he slipped down the shutter, and then sideways one over the other.

How long might you be gone from the shop before you came back again? - It might be five minutes or more.

Did you pull the street door after you? - No, I did not, I found it open when I came back; the maid was at the street door, she had got on some of her things, but not dressed herself; her petticoat and cloak, or some such matter.

I dare say if she had been without as much covering as that, it would have struck you? - Yes.

She was standing with a candle? - I do not believe she had any light at all.

Then when you came home, she asked you if it was an alarm of fire, and where the fire was? - No, she asked me what was the matter, and I told her there was a rascal had broke into the house.

Do you ever throw your clothes on your bed of a night? - Sometimes I do.

You put nothing on that night? - No.

If I understand you, you went out as naked as the nurse first received you from your mother? - I was naked.

Had not you a shirt on? - No.

Court. How happened you to be without a shirt? - Sometimes I lay without a shirt, and sometimes not.

Had you your hat on? - No.

No night cap? - No, nothing at all on.

How far did you pursue this man? - Up Suffolk-street.

On which side of the pane of glass was it that your street door is? is it further from Charing-cross, or nearer to it? - It is from Charing-cross; I live in Cockspur-street.

Did the man run past your street door from the pane of glass, or from it? - He ran from it.

When you came out, you saw him drop the metal watch? - Yes, I was about a couple of yards from him; I pursued him; I past by no watchman; I ran the first time about fifty yards; I called out for assistance, and nobody came.

How near is the watchman's stand from your house? - The corner of Jefferys and Jones's; I found this silver watch in its present state, in an area in Suffolk-street; and this box was found with the glass broke, which was found when it was taken, it was found in the area, and a red morocco bracelet with it.

JOHN SHORT sworn.

I am an extraordinary watchman; yesterday morning, about half past four o'clock, was a fortnight, I saw the prisoner running away from the prosecutor's shop window.

Where was you? - I was about thirty yards from the shop, and I saw Mr. Lucas naked, pursuing him, crying stop thief, and I went to his assistance immediately; the prisoner fell down, and Mr. Lucas fell upon him; he could not stop himself all in a hurry; we picked him up, and I held him while my comrade watchman searched him; he was stopped in Cockspur-street; he ran up Suffolk-street; he fell and we picked him up, and he run back again down Suffolk-street, and across Cockspur-street.

How came you not to give your assistance at first? - I gave immediate assistance as soon as ever I heard stop thief, I run after him with Mr. Lucas.

Mr. Lucas has swore that he pursued him up Suffolk-street, and he turned him two or three times, and had a struggle on the ground, and all that time nobody came to his assistance? - Mr. Lucas cannot say so to me; the very moment I heard the cry of stop thief, I went to his assistance, and he cannot say to the contrary.

Did you search this man? - Yes, there was an ivory box, mounted with gold I believe, and a silver pick-case I think it is; my comrade watchman has got it; I held him while he searched his pockets.

Mr. Garrow. Mr. extraordinary Short, how near was you to Mr. Grant's window at the time it was broke? - I dare say I was thirty or forty yards, and I heard the glass fall, and I saw the gentleman crying stop thief on the instant.

How long before you heard the glass fall, was it that you had passed Mr. Grant's window? - It was not in my beat to pass the window.

Had you a rattle? - Yes.

Did you spring it? - I had no rattle about me, but my comrade watchman had.

Do you ever go out without one? - Seldom, but that night I did, I will swear that.

Do you swear it? what upon your oath, was you that night without a rattle? - I was.

Who is your superintendant now? - The gentlemen subscribers belonging to Cockspur-street; I will swear I was without my rattle that night.

You say you had some difficulty to stand and keep yourself up? was you so sober as you are now? - I was neither more nor less, and I am sure I am not drunk now; I am as sober now as ever I was in my life.

This was good fun for you to stand by and see all this? - I did not see it.

Had you any stick? - Yes.

Did you make outcry, or knock at any doors, or ring any bell? - What occasion was there?

WILLIAM COX sworn.

I am a watchman; my stand is at Jefferies and Jones's, goldsmith and jewellers to his majesty; at half past four I called the hour; I came back to Mr. Jefferies and Jones's front door of the shop, in Cockspur-street: I heard some glasses fall, I did not know whereabouts it was, but I saw a naked man run after another man; I ran to his assistance; he ran up Suffolk-street, as near as I can guess about fifty yards; he slipped down there; he got up, and ran down Suffolk-street again, and at Mr. Thompson's, he slipped down, or was down by some means; the man that was naked laid hold of him, and delivered him to my charge; I immediately searched his pockets, and will produce what I found; there are the two articles I found in his pockets; I met the other watchman, and said there is some glass fell somewhere; then we went together to this naked man's assistance up into Suffolk-street.

You considered a good while about it, I find, both of you? - We went immediately as soon as ever we heard the word cried stop-thief.

How came it neither of you were up with him? - The naked man could run faster than I could with my clothes, and my staff, and my rattle, and my great coat on; I found both these in the prisoner's right hand coat pocket.

Mr. Garrow. In his great coat pocket? - He had no great coat on.

What coloured bodied coat had he on? - He had a kind of an ash coloured coat, a little darker than such a dirty one as this of mine.

Was it like this gentleman's? (N. B. That was a lightish brown.) - Not quite so dark.

Was his coat buttoned? - Not buttoned at all.

A light coloured waistcoat? - His waistcoat was the same as the coat.

When you searched his coat pocket, that was after he and the naked man had been down together? - Yes.

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

Reference Number: t17870221-6

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 21st of FEBRUARY, 1787, and the following Days;

Being the THIRD 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 III. PART II.

LONDON:

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

MDCCLXXXVII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of John Ponsarque Dubois .

You ran as hard as you could? - I had no opportunity for running; I was more anxious after the business.

Did your partner spring his rattle? - No.

Why not? - I cannot tell why.

Did he lend his rattle that night? - No.

Then you each of you had your rattles? - Yes.

Why did not you spring them? - We were more anxious after running; he had his rattle, but he does not not make use of a rattle; I am sure he had his rattle; I imagine it was in a sling by his left side, I believe it is in general; his lanthorn he does not carry, but I am sure of his rattle.

Do you remember who he gave his rattle to when he came to the watch-house? - He does not belong to the watch-house, he did not go there; he always takes his rattle with him.

Which of you was it that picked up the naked man's hat when he was down? - I know nothing of the naked man's hat; I did not see him with a hat, nor he had no night cap on.

Court. Do you mean to say that you saw Short have his rattle that night in particular, or that he generally carries it so? - He generally carries it in a sling; I do not remember seeing it that night, but he generally makes use of it.

(The things shewn to the prosecutor.)

(Here the learned Judge repeated to the interpreter the particulars of the evidence as before recited.)

Court. Now ask the prisoner if he wishes to say any thing in his own defence.

PRISONER's DEFENCE.

It was so dark I could not see to unhook the watches; as for the rest I leave it to my counsel.

Court. Tell him that his counsel is not permitted to make a speech for him, but can only call his witnesses? - I had not been from home for eight days, only to go to Doctor Fordyce 's, who ordered me to be blooded on the Sunday morning, I carried my blood to him to shew him; I was not out neither Monday or Tuesday from home, I only went at the instance of my wife to a club, and I staid there till

one in the morning, and from thence I went to the Hay-market, where I found a woman that talked English and French; and I went and staid with her till three in the morning; then not knowing the way coming out from thence I lost my way, and it was then that I was stopped.

The prisoner called eight witnesses, who gave him a very good character; some of whom said he was a perfumer at No. 4, in Silver-street, and sold snuff and tobacco, and then kept a billiard table, and that his wife made rouge; and two of the witnesses said they had been at the club with him, and they broke up about one o'clock.

GUILTY , Death .

He was humbly recommended to mercy by the Prosecutor, on account of his being a foreigner, and having a good character.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-7

243. THOMAS WILLIAMSON was indicted for stealing, on the 26th of July last, two linen sheets, value 3 s. the property of Richard Tooley , being in a certain room, in a dwelling house of the said Richard, let to him by contract, to be used as a lodging room by the said Thomas, against the statute .

RICHARD TOOLEY sworn.

I live in Grub-street ; I let out lodgings; I let the prisoner the lodgings about nine months past; he was to pay two shillings and sixpence a week; I lost a pair of sheets about the 26th of July; he went away the day before I missed them; he owed me six shillings and sixpence for rent, and never returned any more till I took him; I never had any conversation with him about the sheets; I found them at the pawnbroker's; we missed them out of the room the day after he was gone; the sheets are here now.

Do you know the marks? - My wife does.

ELIZABETH TOOLEY sworn.

I am wife to the last witness; the prisoner lodged with us about two months; he went away about the 26th of July.

Had he paid his rent? - He had not; we did not miss the sheets till the day after he went away; I saw them in the hands of Mrs. Moore, a pawnbroker, or her servant.

Have they any mark? - One of them is eaten by the rats; and the other is made one part with fine thread, and the other part with coarse; I believe it was five months after they were stolen before I saw them at the pawnbroker's.

SARAH WALKER sworn.

I am servant to Mr. Moore, pawnbroker, in White-cross-street; I have seen the prisoner several times at our house before he brought the sheets.

When did he bring them? - The 26th of July.

Did you take any notice particularly of them? - Yes, one was gnawed by the rats, and the other was one half fine thread, and the other coarse; I lent the prisoner one shilling upon each.

Had he a duplicate? - No.

RICHARD HOWARD sworn.

I am constable of Cripplegate; I went with Tooley on the 23d of January into Chick-lane, and found the prisoner, and took him in custody.

(The sheets produced and deposed to by Mrs. Tooley.)

Mrs. Tooley. They are both my sheets.

PRISONER's DEFENCE.

I left every thing in the room when I left the lodgings; when I was taken up I asked him what his demands were; he told me nineteen shillings would clear me of the whole; when I was at Guildhall, I asked him before witnesses, what his demand

was, then he said, twenty-six shillings.

(Richard Howard called again.)

Court. Did you hear the prosecutor ask any money of the prisoner, or make any demand of the prisoner in your presence, or at Guildhall? - No, my Lord, he never did at any time in my hearing.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-8

244. JOHN MARLBONE was indicted for stealing, on the 7th of February , one guinea , the money of Abraham D'Aubant , Esq.

ABRAHAM D'AUBANT, Esq; sworn.

Some time before the 7th of this present month, I had reason to be convinced that the man at the bar, who was then one of my servants , had at different times taken money out of my purse when it came into his hands; and on the 7th of the present month, it became necessary to have another evidence as well as myself, to be sure of the man's impropriety of behaviour, and I desired this gentleman to come to my house; I then went into my study with this gentleman, having first unlocked my door, having previously informed him that I meant to make a trial of the prisoner's honesty; I put a purse on my writing table in my study; it contained a certain number of pieces of money; I wrote down a list of the pieces of money, their number, and the kind that they were; and Capt. Demerick, who was with me, did the same thing on a separate piece of paper; the pieces of money were then returned into the purse; the purse carefully drawn and laid on the table; we then left the room, and I locked the door, and put the key into my pocket, which was on a ring with others, and went down with Captain Demerick , into another apartment; soon after, this prisoner returned from a message where I had sent him, and came into the room where Captain Demerick and I were: I then gave the keys to the prisoner, and told him to go up into my study and bring down a letter that was sealed laying on the table, and my watch; he took the keys and was absent a few minutes; he then came down, and brought the keys, the watch, the letter, and the purse in his hands.

Had you told him to bring the purse? - No, I do not think I did; I do not remember I did; but it was very usual whenever he saw my purse laying any where to bring it to me; I desired him to turn the money out of the purse on the table, and count the money; Captain Demerick was on one side of the table, and myself on the other; the prisoner turned out the money, and there was one guinea deficient.

Now, it will be necessary for you to say what money this purse contained when you left it upon the table? - Yes, my Lord, there were ten guineas, two half guineas, six shillings, and half a crown; I made a memorandum of the money turned out of the purse; I desired the Captain to take notice of the same; I wished not to have an officer in the house; I thought it was very probable the man would struggle; I thought the best way was to take him to the Magistrate's; the carriage was at the door; it was his turn to go behind it; and we went to Covent Garden piazza; and I got out opposite the Bedford Head coffee-house, and I desired the servants to wait there, and I went with Captain Demerick to Bow-street; I told Sir Sampson what I have now been relating to the Court, and Sir Sampson sent one of his men for the prisoner, who was waiting with the carriage; the prisoner came to Sir Sampson's, and my information was read to him: Sir Sampson desired him to empty his pockets before him; he emptied the pocket on his left side, and there was I think half a guinea,

and a small piece of silver in that pocket; Sir Sampson Wright then asked him where the guinea was that he had taken from me; the prisoner then put his hand into his right hand waistcoat pocket, and he took out a guinea which he put on the table before Sir Sampson Wright; Sir Sampson asked him if that was the guinea he had taken from me.

Court. In the first place, I ought to ask you, Sir, whether any thing that the prisoner said was reduced into writing by the Magistrate? - The Magistrate reduced what I had said into writing.

But was what the prisoner said reduced into writing before the Magistrate? - There was a clerk employed writing, and I should imagine it was taken down.

Mr. Knapp. The examination is here.

Court. Then we must not receive parol evidence of it; were there any promises made to the prisoner of favour in case he would confess? - I have not the least recollection of any such thing.

Or were there any threats made use of? - No, I am sure there were not.

You are positive as to the number of guineas that were in the purse? - I wrote down their number; I am sure of the number; I presume the paper I wrote it on, is not necessary to produce.

Alderman Watson. Did you entrust this man with your purse, Sir? - Yes, frequently; I had an entire confidence in him; perhaps I am saying more than is necessary; and I wish in that case to be directed; I purchased him in America, and made him a confidential servant; and I cannot say till lately I ever suspected him.

Captain DEMERICK sworn.

I was applied to by the last witness to come to his house and count some money.

Did you see him produce his purse? - The purse was laying on the desk in the study; I opened it myself and counted the money, and found it contained ten guineas two half guineas, six shillings, and two half crowns; I then replaced the money in the purse and shut it; the Colonel and I went out of the room, and he shut the door, and left the purse on the desk.

Was the door locked afterwards? - Yes, the Colonel locked it; we went into the drawing room, and the Colonel rung for his servant, that is, for the prisoner; the prisoner came, and he desired him to go up into his study, and bring a letter, but I do not believe he mentioned his purse, but he desired him to bring a letter, and some visiting cards; the Colonel gave him the keys of the room, he brought down the letter, and the Colonel's purse; the Colonel told him to empty the money out of the purse which he did, and the prisoner counted nine guineas, two half guineas, six shillings, and half a crown; there was one guinea deficient.

Was any thing said about that deficiency at the time? - No, there was sufficient proof at that time that he had taken the money; I went with the Colonel to Bow-street, where he gave evidence, and the man was apprehended; I then related before Sir Sampson what I have told you, and the prisoner was taken into custody; he produced half a guinea and a sixpence; an examination took place, which was reduced into writing.

How was this purse secured, with strings? - It is a purse that slides; I think a kind of rings; I think it is a green purse. (The purse produced.) That is the purse.

CHARLES JEALOUS sworn.

I saw the prisoner make that mark to the examination, and Sir Sampson Wright sign it.

Were there any promises or threats made use of? - Not any; he took the guinea voluntarily himself out of his pocket, and laid it down on the desk; and said, it was Colonel D'Aubant's guinea.

(The examination read.)

Middlesex to wit. The examination of John Malbone . Who says,

"that

"being sent to by his master to fetch a

" letter, and his watch, which were in

"the study; he saw a purse belonging to

"his said master laying on the writing

"desk, in the said study; and does acknowledge

"and confess that he did steal

"a guinea out of the said purse; and

"that the guinea now produced is the same

"guinea that he stole as aforesaid."

PRISONER's DEFENCE.

I am very sorry for it.

Court to Prosecutor. How long has this man lived with you? - I bought him in the year 1779, in America.

GUILTY .

Transported for seven years .

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

Reference Number: t17870221-9

245. ESAU CLEMENTS and GEORGE HUMPHRIES were indicted for stealing, on the 1st of February , eight trusses of hay, value 12 s. the property of James Olef .

JAMES OLEF sworn.

On the 1st of this month, there was a waggon load of hay brought into my yard in Kingsland-road ; I saw it there safe about ten at night, and the next morning there were about eight trusses of hay missing from the waggon; I can swear to the hay, and here is the hay binder to prove his work; endeavouring to trace this out, I saw some hay against a shed belonging to one Collins; upon which I got a search warrant; in searching the house I found loose hay in the parlour to the amount of two trusses, and four trusses up stairs in a closet bound.

JANE COLLINS sworn.

The prisoners brought the hay to me, and said they found it, between three and four in the morning; I cannot rightly say to the time; they brought it the 31st of last March; the prisoners work for me; they did not offer to sell it to me.

FRANCIS ROBINSON sworn.

I am a hay binder; I know this hay by my bands; I bind hay for the prosecutor; I turn mine on a stick, and our hay binders turn them on their thumb.

Armstrong. I had the search warrant; and I found the hay on the premises; we took the prisoners out of their beds that night; the prisoners said, they found the hay in the road by the Black Horse; they acknowledged having taken the hay to Collins's; I am sure of that; the road was then exceeding dirty, and there was not a mark of mud on the hay; they said, they found it over right Shoreditch watch-house.

Prosecutor. My waggon never goes nigh that place; I know nothing of the prisoners.

Court to Robinson. Can you undertake to swear to that hay band that is produced? - Yes, in the make of it, it is more common to turn it upon the thumb; nobody does it so in our part of the country; we could not make them quite so regular with a stick.

Jury. Can you swear that that was one of the trusses of hay that was on that waggon? - Yes, by the string of the hay, and the make; there was no hay I believe sold to any other person but the prosecutor.

Will you swear this, that there is no meadow in the country that produces the same sort of hay as your master's? - None that I know of.

Do you think you think you could know the hay that grows in your master's meadow from any other in the kingdom? - No.

Prosecutor. I bought the stack, and no man ever had a truss of that hay but myself.

Prisoners. We found the hay.

BOTH GUILTY .

Each to be transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-10

246. DENNEA JORDAN was indicted for feloniously stealing, on the 9th day of December last, six silver tea spoons, value 10 s. one pair of sugar tongs, value 4 s. the property of Thomas William Moore .

(The witnesses examined separate.)

THOMAS WILLIAM MOORE sworn.

On the 9th of December I went out, and when I came home the back door of my house was open; I cried out to my daughter and wife, who were up stairs; when I came up I found my wife fainting on a bed; then I went down stairs, got a candle and searched for the prisoner, but saw nothing of him; I found the door open and the window; I fastened the door, and came up stairs and went to bed; and then it was pretty nigh two in the morning; I never saw the things again.

ELIZABETH MOORE sworn.

I am wife of the last witness; the first time I ever saw the prisoner was the 5th of November; it was near candle light; my husband and me were sitting by the fire side; it was a Sunday evening; there was another man came with him whom I do not know; he knocked at the door and came in, and said, is your name Moore; my husband said, yes, and they went out together; he came several times, and on the 9th of December, at night, I think I went to bed about nine; the prisoner came into the room and struck me with his hand; I was in bed; my daughter was in the room, and he hit her, and knocked her down; I sat up in bed, and he asked me for the keys of the drawers, and said, if I offered to make a noise, he would knock my brains out; and I laid in my bed, having nobody in the house but children; he directly went to the drawers, and there stood this tea chest, and some other articles; the drawers stood facing the bed, and he opened the tea chest, and there lay the spoons and tongs in the place; he took half a dozen tea spoons, and a pair of sugar tongs, marked W E M; there was a great noise of dogs; he blew the candle out and went down; I fainted several times with the fright, and knocking me down together.

Court. How long did you faint? - I cannot tell, I kept fainting several times; I never saw the spoons since; I knew the prisoner before by seeing him come to and fro after the 5th of November; I asked my husband who the prisoner was, and he told me he was his attorney; I remember my husband's coming in, and I told him here has been this Jordan, and used me in this manner, and has taken my things.

How were you when he came home? - In a very poor situation.

What time of night was it? - About one I think.

Your daughter was up, was not she? - She was up, but we have no clock or watch in the house, but I cannot say what time of night it was; my daughter set up for my husband.

Can you tell me whether there ever had been any quarrel between the prisoner and your husband? - I do not know.

Prisoner. It is not possible for me to ask her any questions, because every word that she has told you, is as false as God is in heaven.

ELIZ. MOORE, junior, sworn.

How old are you? - Turned of sixteen.

Do you recollect having seen the prisoner at the bar? - Yes, I have seen him at different times at my father's house.

Did you see him at any time in December? - I cannot particularly tell what time it was that I saw him, for I had been to service; I am not always at home with my father.

Did you see him at any time in December last? - No, I cannot say I did.

Do you recollect any thing happening? - The 9th of December it was I saw him; my father was gone out, and my mother was gone to bed with the young child, and I sat up mending some stockings, waiting for my father's coming home; I had been to sleep, and there were two bolts against the yard door, and I had unbolted

the door, and set a large heavy chair against the door for my father to come in at when he came home; I had been to sleep up stairs; I heard a noise in the room, and I looked up and saw the prisoner in the room; then I asked him what he wanted, and he gave me a knock on my side like, and knocked me right under the post of the bed; then my mother jumped up in the bed; he had a large hammer in his hand, and she asked him what he wanted, and he said he wanted the keys of the drawers; my mother said she had not the keys, my father had them, and he hit my mother with his hand as I believe, and knocked her right down in the bed; then he went to the drawers, and opened the tea-chest; and he said if she made a noise, he would knock her down with that hammer, if either a one of us spoke, or made any noise; then he went to the drawers, and took out six silver tea-spoons, and a pair of sugar tongs.

Where did they stand? - They were in a tea-chest, and the tea-chest stood upon the drawers; the tea-chest was not locked.

Did your mother see this? - No, my mother did not see him take them, but I saw them; I cannot say that she did not see him take them, she might, she was in the room.

Had the blow that he struck your mother any effect upon her? - Yes, it made her very ill some time afterwards, and she was very much frightened then; she could not get up, she fainted away; I cannot possibly tell the time that she fainted, it seemed very long to me; she might faint for five minutes or more; when he took the spoons, he blew the candle out, and went away immediately.

How long did he stay in the room? - I cannot tell you how long, it seemed very long to me.

Did your mother continue fainting after he went away? - Yes, she did faint after he went away.

How long? - Not very long.

Did she faint at different times during an hour? - I cannot say for an hour, I do not think she was a fainting when my father came home, but we were all so frightened.

Had you ever seen this man before? - I had seen him several times before.

What is this man? - I cannot tell you what he is.

Did you ever hear of any quarrel that your father and the prisoner had had? - I cannot say I know any thing about it, I happened then to be up stairs when my father came home; he looked about to see if there were any body in the house; there was a fire, not a very good fire, when my father came home; he might come home an hour after this happened.

When your father came home, did he eat any supper? - He might, I did not lay the cloth.

What had you for supper? - There was some cold meat, and some potatoes and greens.

Now you have told me a strange story, and I desire you to explain it a little? - I was to have broiled it or fryed it, as he chose it; there were some beef and mutton in the house; I was to have done any thing he liked to have done.

How many beds were there in this house? - Five.

You have never seen the prisoner? - Never till now; I never saw any of the things since; I have been to service since; I have nothing else to say.

Prisoner. I have no questions to ask her.

PRISONER's DEFENCE.

My Lord, my first acquaintance with the prosecutor was, I was introduced to do some jobs in the carpentering line; I am a carpenter by trade; he is a plaisterer, and he had spoke to me, and told me there were several people that owed him money, and that he would do some repairs if he could get the money, and that one Mr. Harrison, a grocer, in High-street, owed him fifty pounds; I asked him what was the reason he could not get his money in? he told me it was lent to this Harrison, the grocer, in ready cash; I asked him if

he had any note for it, or bond; he said no; I said it was not a common thing for people to lend money without security in writing; then he said he had two witnesses, one was by when he lent the money, and the other when Harrison acknowledged the debt; then I told him to arrest the man; he did so; in a few days afterwards, one of these witnesses, whose name was Broom, that he had to the affair, happened to meet me, and told me that it was no such thing, that Harrison owed him nothing; with this the prosecutor said, he once bought half a dozen ducks of him, and paid him seven shillings; a few days afterwards I met the prosecutor, and he asked me to drink part of a pot of beer; I told the prosecutor what Broom had said, and he fell into a rage, and said the bloody rogue could he say any such thing; I told him he had told me so; after a little conversation with the prosecutor, he told me, says he, if you will row in one boat with me, and become an accomplice of mine, I will put some hundreds in your way; I asked him in what manner; he told me he meant to touch Harrison for fifty pounds; and if I would become a witness against Harrison, and say that I was by at the lending the money, or at the acknowledgement of the debt, I should have ten pounds if he could obtain it; moreover he said, there were plenty of people that he was acquainted with, and that he would touch them up in the same manner; I told him I would have no concerns with any thing of the kind; in a few days after I went, and acquainted Harrison the grocer of every thing the prosecutor had offered me; when the prosecutor found this, he went and swore a robbery against me of robbing him of a pocket hook containing a guinea and six shillings; that was some little time before this; the pocket-book was found by three honest men in the neighbourhood, and they produced the pocket-book without any money in it, and I was discharged; he said he had a witness to say that he saw me pick his pocket, and would bring him the next day; the justice took my own word, and bid me come the next day; I came of my accord the next day; I staid from eleven till one, and the prosecutor never appeared against me then; and he has laid his plan, which he bragged of to other people, to put me aside, that I should not be an evidence against him at Westminster-hall.

Who did he bragg of it to? - To one Fownes, and he was upon the trial at Westminster-hall, when he was cast last Saturday week; I told you this morning that my friends were not come; accordingly the prosecutor took out this indictment against me; I was under no apprehension, I knew myself innocent; when I went to Westminster-hall, I was subpoened by this Harrison, where that gentleman in green clothes (the constable) was ready to take me.

- RIDGWAY sworn.

I took him the 3d of February.

Court to Prisoner. Did you give evidence? - No, I did not, he took me before the trial came on, and if Mr. Harrison was here, he would declare the same; my witnesses were not in town, and I sent for them last night; I have witnesses to my character; I worked at the Duke of Newcastle's for nine years, where I was entrusted with thousands.

JAMES BRYAN sworn.

I know the prisoner, I have known him sixteen years intimately; I knew him when he kept house; I never knew any bad character that he bore; he did keep a house the corner of Stretton-ground; I have not known much of him these three years.

What trade is he? - A carpenter.

Do you know whether he has worked at his trade the last two or three years? - I fancy he did; I saw him at work not long ago at his business in Wapping at a new building; I did not know where he lodged; I went with his brother-in-law to see him.

Mr. Keys, Counsel for the Prosecution.

What are you? - I deal in potatoes;

I have no house at present, I am looking for a house; the last place I had was a public house, that is above a year ago; since that, I have been arrested; I was in confinement for debt.

Have not you heard that the prisoner has a common bail for the last three been years; a buff bail, you know what that means very well? - No, Sir, I never heard any such thing.

BRIDGET BRYAN sworn.

I am wife to the last witness; I have known the prisoner these last seven years; he bore a very good character for any thing I ever heard to the contrary.

Have you known him lately? - Yes.

How lately have you known him? - I have known him all along since I first knew him; I have known him the last two or three years, so far as knowing his sister and brother, and hearing of him frequently; I cannot tell where he lived these last two or three years; they live in Queen-street, Tower-hill; the prisoner has no family, and there I saw him; I saw them yesterday; I lodge in the old Bailey, and as soon as I saw it, I sent my little boy to let them know; I have known him to work, and have seen him at work within the last two or three years.

Mr. Keys. You and your husband live together? - Yes; I have seen him within these two or three months; my husband had not an opportunity of seeing him, being confined for debt.

Court to Prosecutor. How long have you known the prisoner? - The first time I ever saw him, was the 5th of November; he told me that he wanted to speak to me; he took me to Sir William Warren's square, but the house was uninhabited; he told me it was his own property, and that he was an attorney, and had formerly been another business.

Did you know where he lived afterwards? - No.

When did you take him up? - I never could hear of him after the 9th of December; I saw him at the sheep and shears, which I believe was about eleven the night of the robbery; I got home I think between eleven and one, I cannot say.

Had you supped before you went home? - I had no supper, but I commonly carried a bit in my pocket.

Did you sup at home? - No, I had supper enough to see my place robbed.

Did you expect any supper at home? - Certainly.

Have you ever had any quarrel with the prisoner? - No, but that night, or the next morning past, he came in very rigid and drunk, to the sheep and shears.

Do you know one Harrison? - Yes.

Have your ever had any law-suit with him? - Yes, that is the very man that gave orders for the writ, and said he had orders for the attorney; this man came to me, and extorted money from me at different times, twelve guineas, under the title of attorney.

Was he, or was he not subpoened? - How should I know?

Was you at the trial at Westminster? - Yes.

Was he there? - He was taken there.

How did that law-suit end? - End, I sat down with my own loss; I did not recover against Harrison, but I shall renew it; this man has been the biggest enemy that ever was known in this world.

When was the trial at Westminster? - I think it was last Saturday was se'night I believe, or Saturday was fortnight.

Prisoner. My Lord, it is an unlikely story.

Constable. It was the very day the cause was tried that they took the prisoner at the Ship in Old Palace-yard; that was the 3d of February.

GUILTY .

Transported for seven years .

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

Reference Number: t17870221-11

247. ELIZABETH SEDGWICK (aged nineteen) was indicted for wilfully, maliciously, and feloniously setting fire to two barns, and one stable, on the 17th of December last, belonging to John Taylor , against the statute .

A second count, For setting fire to a certain out-house, belonging to the said John Taylor.

(The case opened by Mr. Garrow.)

JOHN TAYLOR sworn.

I live at Feltham-hill , Middlesex; the prisoner had lived with me about three months as a servant : on the 10th of December, after foddering our cattle in the farm yard, and milking the cows, and fastening the hogstye door myself, my wife and the prisoner went into the house a little after four; we left the prisoner at the bottom of the stairs for the purpose of setting the milk, and carrying as is usual, a quantity to Admiral Evan's; we saw nothing of her till she came into the room up stairs, which I suppose was about five o'clock; she was then desired by Mrs. Taylor to make the toast, and fill the tea-pot, and we then sat down to tea; the prisoner seated herself behind me, and rather suddently got up, and said to her mistress, madam, if you do not want me, I will go and change my petticoat; accordingly she went into the room which overlooks the barn yard, and returned in a very short time, and said there is a man with a candle and lanthorn in the yard; on which I ran to the stair-case window, and saw a great light in the yard; I ran down stairs to the back door; on opening of which, I saw my straw barn, which adjoins my house in one body of fire; I immediately returned, and called to my wife, for God's sake to come down, and bring the children with her, for the straw barn was all on fire: the room I was in, was at the front of the house, so that I could not see the fire. In one part of the barn a was hen roost: we got out as fast as we could, and ran to a neighbour's, Captain Webb's, the next door; as soon as we were a little settled, we returned to get as much of our property out as we could, expecting the dwelling house every moment to be burnt down, the whole of the barn, together with a hen roost, and a room adjoining, was destroyed that night; this was on the 10th; the next Sunday, which was the 17th, after having foddered our cattle as before, and fastened the hogstye door myself, we went into the house; I believe the prisoner went in before us; every thing was safe at that time.

Court. What time was this? - Between four and five.

Mr. Garrow. Was there any body about your house at that time? - There was nobody but one Cromwell who was employed by me; I took the milk at the kitchen door for Admiral Evans , and gave it to a lad who works for me, whose name is Anthony Smith ; I then went up stairs, together with the prisoner, and my wife; a Mrs. Edwards, my wife's sister, was up stairs, she was looking after the children: I stood near the window with fronts the common, and waited till Anthony Smith came back with the pitcher; Cromwell joined him, and I saw them come round to the back door; this was about half past four; I took the pitcher from him, shut the door, and went up stairs; the prisoner was up stairs at this time; after the prisoner had made the toast, tea was made, and we sat down to it; the prisoner went out of the room.

Mr. Garrow. Had you any light at the time? - Yes, I believe we had a bit of candle; the prisoner was absent about ten minutes; when she returned, Mrs. Taylor desired her to do some trifling thing; she sat down, and had her own tea, and Mrs. Taylor sitting with her face towards the window, and I with my back to it; she cried out, Lord, what a light there is on the green platt; I turned round and said, Lord have mercy upon us, we are all in flames; I saw flashes of light, and the sparks from the thatch of the barn coming towards the house; we got out as soon as

we could; I was so much alarmed myself, I could hardly find my way out; I turned my eyes around, and saw my barley barn on fire; it had caught the wheat barn, and the stable, and they were all on fire. It burnt down my wheat barn, my barley barn, all my ricks of hay, my stable, six horses, my harnesses, and all my implements of husbandry; we then went to Captain Webb's with great difficulty.

Mr. Garrow. What was in the pigstye when you went in to fasten it? - There was a fat hog which I fastened in before the fire, and that had got out into the yard during the time of the fire; the prisoner several times that day said to several of the family, she hoped we should not meet with any accident again that day; she hoped it would not happen again as it had the Sunday before.

Court. Are you sure she made use of that expression that day? - She said I hope it will not be to day as it was last Sunday with us.

Mr. Garrow. After this I believe you advertised a reward of twenty pounds? - My friends did; there was a person of the name of Hanking taken up in consequence of some expression; he was discharged. On the 12th of January, soon after the second fire, we found a handkerchief, which the prisoner had declared was taken from her by force by two men at the bottom of the stairs as she was moving some of my things; on its being found, she was carried before Richard Taylor , Esq; a Justice of the peace; Mr. Taylor was ill in bed, laid up with the gout, and the information was taken in his room by his apothecary; in that information, she charged two men, Winden and Goring; they were both discharged: we took her before the Justice on finding the handkerchief upon her, on supposition of her being at the bottom of this; she was detained by the Magistrate three days, and then she was examined again; I was present at the examination.

Mr. Garrow. Before she made a confession on the second examination, were any promises made to induce her to confess? - None of any sort by me, or any other person in my presence.

Was she threatened? - No, all that was desired was, that she would speak the truth; it was made voluntarily; she was cautioned by the Justice not to say any thing that was false, and to be particular; her confession was read to her before she put her mark; Justice Bond said to her, now, if there is any thing here that is not strictly true, let me know, and it shall be altered; or if there is any mistake, check me as I read it; he then read it over to her, and made a stop; - Is this true, said he? she said, it is; he then proceeded with several pauses, always asking her if it was true, to which she replied, yes: when he had compleated it, he said, now, my girl, is this all true? - She said, yes, it is indeed.

(The Confession produced.)

Mr. Garrow. Did you see it signed by the Magistrate? - Yes; the prisoner put her mark, the Magistrate signed it, and I witnessed it.

The Confession of the Prisoner read as follows:

Middlesex to wit,

"The examination of

" Elizabeth Sedgwick , voluntarily made

"and taken before me, Richard Taylor ,

"Esq; one of his Majesty's Justices of

"Peace, for the county of Middlesex,

"this 18th day of January, 1787; this

"examinant says, that she is about nineteen

"years old, and had lived as a servant

"with John Taylor , of Feltham-hill, in

"the parish of Feltham, Middlesex, farmer,

"for about three months last past;

"that on Sunday, the 10th day of December

"last, between four and five

"o'clock, she this examinant, took a piece

"of candle out of a candle-box, in her

"said master's kitchen, put it into an

"iron candlestick, which was on the

"mantle-piece, lighted said candle with

"a match, went into her master's straw-house,

"adjoining his dwelling-house,

"wherein two cocks and nineteen hens

" roosted on a beam, for the purpose of

"feeling such hens as were with egg, and

"to separate such as were with egg from

"those which were not; that the examinant

"found eight hens on lower beams,

"which he felt and found them not with

"egg, that she then went up on the straw

"in order to throw these fowls off which

"were on the higher beams, in order to

"feel them likewise; that having thrown

"one hen off, and having the candle

"lighted in her hand, she fell down on the

"straw, from the straw giving way, and

"dropped both candle and candlestick out

"of her hand; that in arising up, she took

"up the candlestick with her, but the

"candle which appeared to her by the fall

"to be extinguished, she could not find;

"that she instantly went into her master's

"house, and went up stairs to her mistress,

"but did not mention her having dropped

"the candle; that this examinant then

"went into her own room to pull off her

"petticoat, when she discovered the aforesaid

"straw-house on fire, and she alarmed

"her master; says, that aforesaid fire of

"said straw-house, she verily believes was

"occasioned by this examinant's dropping

"the candle, as before stated, but solemnly

"avers, that it was not wilfully done.

"That on Sunday the 17th of December

"last, about five o'clock, as she, this examinant,

"was making toast in her mistress's

"bed-chamber, for her master,

"mistress, three children and Mrs. Edwards,

"she, this examinant, suddenly

"thought that she would set fire to her

"said master's barn; that after she had

"made and cut the toast, she took a lighted

"candle, which then stood in her mistress's

"room, in a long iron candlestick, went

"down stairs with it, and from thence

"into her said master's barn, first leaving

"that candlestick on a table and

"taking an iron one, which stood in

"the chimney corner, wherein was a

"great quantity of straw; that she went

"in at the little side door and placed the

"candlestick, with the lighted candle in it,

"on the straw on her right hand, for the

"purpose of setting fire to the straw, and

"firing said barn; that when she left the

"said barn, which was immediately, a part

"of said straw was hanging over the flame

"of said candle, but had not caught fire

"when she left the barn; that as she was

"coming away from said barn, she pulled

"out the peg of the door of the hogsty

"in which was a fat hog, and threw

"away said peg, but that she had no particular

"motive for so doing; that she

"then went into her master's dwelling-house

"at the back door, which she bolted

"and shut after her; that she then went

"to the candle-box, took out a piece of

"a candle, which she lighted by the

"kitchen fire, and put it into the iron

"candlestick which she had before placed

"on the brown table; then went up into

"her mistress's room where she drank tea,

"after which her mistress desired her to

"light Mrs. Edwards, whilst she put the

"child to bed, which she did; that whilst

"said child was putting to bed, her mistress

"made the alarm of fire; when this examinant

"discovered that the barn was

"on fire. That this examinant was not

"induced to set fire to said barn, from any

"resentment, malice, or ill will, towards

"her master or his family, or any other

"person whatever, but that it arose from

"a sudden thought, which she conceived

"when she was making the toast as

"as aforesaid; and further this examinant

"says, that she was not induced to set

"fire to said barn from any advice, direction,

"or solicitation of any person whatever,

"but that it was her own act and

"deed. Elizabeth Sedgwick X her mark.

"Taken before me the day and year aforesaid,

"at Charlton, in the county of

"Middlesex.

RICHARD TAYLOR .

Executed in our presence. HENRY WILKINSON. JAMES PINTTER , JOHN TAYLOR .

Court. The prisoner had lived about three months with you, how did she

appear, like a person in her right understanding? - Yes, she was perfectly calm and serene in her mind.

Court. Had you never any reason to think otherwise? - No.

Jury. Did you hear from any person that she was insane in any respect whatever? - I never heard that she was in the least insane.

Were there any words with her at any time before, or with any of your family? - No.

Court. How did she behave to your children? - I cannot say, but she behaved as well as I could expect.

Court. How near is the barn to your house? - The barley barn is about twenty yards from the house.

Court. How do you hold the premises? - I have a lease for twenty-one years.

RICHARD TAYLOR , Esq; sworn.

I am a magistrate; the prisoner was examined before me; and I ordered her to be detained, and no-body to be admitted to see her but her mother, and that nothing with which she could injure herself might be put in her reach, and that she should not have a candle, nor any thing to eat and drink that might affect her nerves; I ordered her into confinement on the Sunday; she had charged two men; on the Monday when she came to meet the persons she had charged, she said, all she had before said was false; her master then charged her on a supposition of doing it herself; I committed her for further examination; she was brought before me again the next morning, but nothing material transpired then; I recommitted her till Thursday the 18th.

Mr. Garrow. Was any thing said to her to induce her to confess? - Nothing, I desired her to say nothing but what was true.

(The Confession produced to Mr. Taylor, who acknowledged the signing to be his.)

Mr. Garrow. Did she appear to be in her senses at that time? - She said she did it to ease her own mind, and to acquit innocent people.

ANN TAYLOR sworn.

I am the wife of Mr. Taylor the prosecutor; the prisoner had been our servant about three months; on Sunday the 10th, after her return from the Admiral's, she sat down behind her master; at half after four she suddenly started up and said, if I did not want her she would go up stairs and change her petticoat; she went up stairs and staid about ten minutes, and on her return, she said she saw a man with a candle and lanthorn; she and her master went to the window to see what it was; they immediately ran down stairs; my husband cried fire; I ran down and found the place was on fire and burnt down.

Mr. Garrow. Did you observe at that time whether she was in liquor? - She was perfectly composed; we went to Captain Webb's; the prisoner after assisting at the fire, came to Captain Webb's to us; I desired her to go out no more; she appeared to be much confused and in liquor then; that was about one or two in the morning; I heard after that she had been drinking; I desired her to go and lay down; on the Sunday following after foddering we went up stairs as usual, somewhat after four, I desired her to make a toast and get the tea ready; I desired her to light a candle; it was too dark to drink tea without; she lighted the candle, and after putting water in the pot, she went out of the room; where she went I know not; she was gone ten minutes or better; she came back again into the room; I desired her to go with Mrs. Edwards to lay the child down; when she came back I saw a great light on the green platt, in the front of the house; my husband immediately got up and said, we are all in flames again; he saw the flames coming round and we all ran out.

Did you observe the hog there? - Yes, I saw it loose in the yard; we always made it a rule to fasten him in at tea time; after the fire I missed an old japan candlestick, with a handle; I have two of them, one

with a handle and the other without; the one I missed had a handle; the prisoner used a large iron one in general. (The candlestick produced.) The one found in the fire had a handle; it is a fellow to the one without a handle; on the evening of the second fire, the prisoner told me that coming down stairs with a basket of clothes, a man met her at the bottom of the stairs and took a handkerchief off her neck; she said it was a striped handkerchief, and that she had borrowed one of the cook at Captain Webb's instead of it; she said she had lost a black cloak; it was on the Monday week after the fire that she told me so.

Mr. Garrow. Did you ever see that cloak afterwards? - Yes, about a week after when she came to town with me to go before the Grand Jury, with respect to Hanking; when I heard the handkerchief was found, I asked her for the fellow to that she had lost; she gave me this handkerchief; she asked me what I wanted with it; I told her it was no matter; Ann Edwards delivered me the other that was found in the presence of Henry Lyon ; on the day the second fire happened (in the morning) when I was making a pudding, on the 17th, she said, she hoped I was not making a pudding for the same end as that which was made the Sunday before.

Mr. Garrow. What did you suppose she meant by that? - At the time of the first fire, the people took the meat, pudding, and bread, and every thing of provision in the house; she several times in the day said she hoped it would not be as it was the Sunday before.

Mr. Garrow. Had you ever seen any symptoms of insanity about her? - No, I never saw any thing like it; she always appeared very well satisfied, and laid with my children; if she had been any way disordered in her mind, I never should have suffered her to have slept with my children; I had no reason to suppose she had any ill will.

Jury. Was there liquor given at the time of the fire? - There was to the people.

Was any liquor given to her during that time? - Not to my knowledge.

Had she any followers, or sweethearts? - No, Sir, nobody but her mother.

With respect to the cloak, was any notice taken of it? - She said, she had found the cloak in the drawers in our room.

HENRY LYON sworn.

I am labourer to Mr. Taylor; on the 18th of December, the ruin of the barn was thrown out with a fork, in order to take the burnt wood away that it might not kindle again; on the 12th of January following, in picking up some wood to make a fire, I found this candlestick, it has never been out of my possession; I put my name upon it; I found it within three yards of the barn door where it stood before it was burnt; the candlestick was much burnt; I found it amongst the remains of the fire which had been thrown out.

Mr. Garrow. Did you see Mrs. Edwards deliver that handkerchief to Mrs. Taylor that was supposed to be burnt? - I did.

Where was it found? - In an old box that stood in the wash-house; I saw it taken out.

Was any thing else in the box? - Yes, old iron and chains; the box was my master's.

Court to Mrs. Taylor. Where did the prisoner come from? - From Mr. Piper's, near Hampton.

HENRY WILKINSON sworn.

I am the constable; the prisoner was committed the 14th of January, in the evening, by Mr. Taylor the Magistrate; I was particularly desired not to let any body speak to her, except her father and mother; and I was to keep her in a close room confined, without fire or candle; she was taken before Mr. Taylor, on the Monday at 11 o'clock; she declared all to be false that she had said on Sunday, about Winden and Goring; she said the same on Tuesday; she was committed till Thursday; on Wednesday afternoon she wished

to speak to her mistress, I said, I could not grant it; I was ordered not to let any body speak to her except her father and mother; she said, she wished to go earlier on the Thursday morning than she had gone on the former mornings, for she was very uneasy and would discover the whole truth; accordingly on the Thursday morning before I went out with her, she said, she should have acquainted Mr. Taylor on the Tuesday with the whole matter, provided there had not been so many people in the room; I wrote a note to Mr. Taylor acquainting him of this; and the room was kept clear; and there she made the confession as voluntary as could be; there was only Mr. Bond and Mr. Taylor in the room when she made that confession.

Jury. What was her general behaviour? - She did not seem much concerned, but rather less than I expected both before and after opening her mind.

Court. During her confinement did she see her father and mother? - Yes, her mother frequently, every morning; her father only once.

Did you ever observe how she appeared in her presence? - Her mother fretted very much; she desired her not to fret, for she did not mind it.

Jury. Was there no motive assigned in your house for her behaviour? - No, she always spoke in the most respectful terms of her master and mistress.

Mr. Garrow. Do you know of any dispute of any sort between the prisoner and Goring and Winden? - I do not.

To Mr. Taylor. Do you? - I do not.

To Mrs. Taylor. Do you? - I do not particularly know.

You say you do not particularly know, be so good, Madam, as to explain how far you know it? - All that I know is, that the prisoner said, there had been some words between Winden and his wife and her, and that she had Winden's wife before 'squire Taylor two or three times for slapping her.

Was there thing any said respecting malt? - That was before either of the fires, it was not long before.

Court. Was it that she had bad words with Winden and his wife, or with Winden's wife? - With Winden's wife on account of some slaps; she said, Winden has been my ruin.

Mr. Garrow. Did she explain in what way? - No.

You said this conversation was before the fires? - I believe she said she had been ten times before 'squire Taylor.

How many days was this before the first fire? - I do not know; I believe it might be about a week.

Was there any intercourse between Winden and his wife and the prisoner to your knowledge? - I do not know what intercourse there was between Winden and his wife and the prisoner.

Jury. When the prisoner was speaking of Winden being her ruin, did you understand it to be the wife or the husband? - I understood it to be the husband; the name Winden only was mentioned.

Mr. Garrow, to Justice Taylor. Had this girl ever been before you on any charge against Winden and his wife? - I have not a recollection of it; it does not come to my memory that she was; she might have been; but from the multiplicity of people that come to me upon business it is hardly possible that I should recollect it.

Jury. I suppose if she had been before you several times it would hardly have escaped your memory? - It certainly would not.

PRISONER's DEFENCE.

I am not guilty.

MARY SEDGWICK sworn.

I am her brother's wife; I have known the prisoner about five years; I never heard any harm of her.

Court. Is she good tempered? - Very good tempered.

Not of a malicious turn of mind? - Not that I know of.

GUILTY , Death .

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

Reference Number: t17870221-12

248. GEORGE PRITCHARD was indicted for feloniously stealing, on the 24th of January last, six china cups and saucers, value 3 s. the property of Thomas Bennet .

Mrs. BENNET sworn.

I heard the shop door open; I went into the shop, and missed the china; I shut the door and went up stairs, and heard no farther of it till Friday morning, when the constable shewed me the china before the Justice; I swore to them; they are mine.

WILLIAM JONES sworn.

I saw the prisoner; the things were taken from him in my presence. (Produced.) I asked the prisoner how he came by the things, he said, the same man gave him them that gave him the soap; I took the prisoner at the same time, and have kept the things ever since. (Deposed to.) There is one saucer that is a worse colour than the others.

PRISONER's DEFENCE.

As I was coming along Cheapside a lad gave me these things to hold.

Court to Mrs. Bennet. Is your house in the city? - It is.

Do you pay rates to the city? - We do, and no where else.

GUILTY .

( Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-13

249. JOHN CARTER was indicted for stealing, on the 20th of February , a saw made of iron and steel, in a wooden frame, value 10 s. the property of Richard Hill .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-14

250. HENRY SMITH was indicted for feloniously stealing, on the 13th day of January last, a scarlet cloth cardinal, value 5 s. the property of John Towseland .

JOHN TOWSELAND sworn.

I am a shop keeper at Acton; on the 13th of January I came to Knightsbridge in a little cart I borrowed of a neighbour; in the bottom of the seat I put a scarlet cloth cardinal belonging to my wife; I came to Mr. Blundel's door, a haberdasher in Holborn ; I saw the cloak in the seat when I got up; I put a roll of black silk under the cloak; a little boy called to me, and told me my cart was robbed; I came to the cart and found the cloak was gone; Mr. Lowrie came out of Field-lane, and told me, he knew the man that stole the cloak, and if I would be quiet they would find the man; I followed the prisoner up Field-lane, and got a constable.

FRANCIS MOORE sworn.

I am an errand-boy to Mr. Goodson, in Change-alley; I lived with him four years; on Saturday the 13th of January, between twelve and one, I was opposite Field-lane, I saw the prisoner in company with two others, I went and stood opposite to Field-lane; I had a suspicion; I heard the prisoner whisper to the other two and the prisoner went to the cart; they were close by me; he said something to the boy, but what I could not hear; the boy immediately got upon the step of the cart; I saw the other boy put his hand in, but I did not see him take any thing out; the prisoner went and put his hand into the cart, and pulled out a scarlet cloak.

What coloured cart was it? - It was a pleasure cart; it was green I think.

What did he do with the cloak? - He ran across the way with it.

What did you do? - I went into Messrs. Stafford's and Blundel's shop to the prosecutor, and told him that a man had stole a cloak out of the cart; the prisoner was taken in half an hour after in Field-lane; I saw him after; I am sure he is the man.

JOHN LOWRIE sworn.

I keep a chandler's-shop in Field-lane; on the 13th of January I saw the prisoner running into Field-lane, with something red under his arm, and several people following him; I advised the prosecutor not to run after him without a constable, for fear of being injured.

JAMES HATTON sworn.

I live at the corner of Field-lane; I saw the prisoner run down Field-lane, with something red under his arm, between twelve and one o'clock.

- SPILSBURY sworn.

I am shopman to Messrs. Blundell and Stafford; I only know that one of the witnesses came into the shop, and informed Mr. Towseland a man had robbed his cart.

Prisoner. He offered me money.

Court to Mr. Towseland. Did you offer the prisoner any money? - I never did, upon my oath, I never made him any promise whatever; I gave him sixpence when the constable was taking him to prison; after the alderman committed him fully; he said he should be stripped of his things for garnish.

Prisoner. He offered to let me go if I would give him the property.

Prosecutor. That is not true.

The prisoner called one witness, who gave him a good character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-15

251. ROBERT CHAPMAN was indicted for feloniously stealing, on the 21st of February , one piece of cotton check for aprons, containing forty-three yards, value 39 s. the property of John Rimer .

JOHN RIMER sworn.

I keep a warehouse in Well-court, Queen-street, Cheapside ; I lost a piece of check on the 21st instant; the prisoner was a porter in my house; I had reason to suspect him; myself and another gentleman who was with me stood and watched him, and saw the prisoner come out with a piece of check under his arm; we took him immediately to the Poultry Compter; on the 23d he confessed that he stole it, and that he took it with intention to deduct the value of it out of his wages.

Mr. Peatt, Prisoners Counsel. How long had the prisoner been your servant? - Six weeks.

Did you ever suffer him to take goods out of your warehouse upon paying for them out of his wages? - Never.

You do not know this piece of check if you had not marked it? - I should not; I marked it at the Poultry Compter; and I saw him come out of the warehouse with it under his arm.

CHARLES FIELDING sworn.

I was with the prosecutor when we stood in the court to watch the prisoner; and I saw him come out of the warehouse with the piece of check under his arm; before the Alderman, he confessed he took it through distress; he also confessed he had stolen four pieces from another gentleman.

Does Mr. Rimer take all the check that the manufacturer makes? - No.

RICHARD HILLIARD sworn.

I produce the piece of check, it was delivered to me with the prisoner: it has been in my possession ever since.

(Mr. Rimer deposes to the check.)

Mr. Rimer. It is the same I took from the prisoner, and delivered it to the constable.

Should you have known it if you had not marked it at the Compter? - Yes, by the hand writing on the paper, but could not have sworn to it.

PRISONER's DEFENCE.

Coming down Holborn, I met a person who asked me to get him a piece of check; I said, I could, but had not the thought to ask my master before he went out; I took a piece, and intended to return it him, or the money, by nine o'clock the next morning.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870221-16

252. JAMES KENNEDY was indicted for feloniously stealing, on the 25th of January , one wooden door, value 1 s. one iron lock, value 1 s. a bolt, value 1 d. and one latch, value 1 d. the property of Henry Dawson .

HENRY DAWSON sworn.

I am a cordwainer ; I live at No. 4, Bowling-alley, White-cross-street; I rent a house, and pay rent for it; I lost the street door, which was fixed, and the lock, bolt, and latch fixed to it.

SARAH MAN sworn.

I live in the house.

Then all the fastenings were fixed to the door, were they not? - The door was fixed on iron hinges, and lifted off; this house is No. 2, Bowling-alley ; Mr. Dawson is my landlord; and the house is his.

When did you first miss it? - About eight o'clock it was taken off the hinges.

After it was missing did you ever see it? - Yes, I went down to the constable, and there I saw it; it was found on the prisoner's premises.

Did you know the door again? - Yes, I knew it by the No. 2 upon it; it was carried back and hung upon the hinges, and it fitted exactly; it was standing on the prisoner's premises, under a shed.

(The door produced.)

Mrs. GOODWIN sworn.

I live at No. 46, White-cross street; I live in the house where the prisoner rents a shed; I am a window, and rent the whole house; I keep a chandler's shop; the prisoner cuts wood into bundles to sell; he has lived there five months, and pays nine pence a week.

Had he the shed of you for the last five months before he was taken up? - He had.

JOHN NEWMAN sworn.

I am constable; on the 25th of last month, Mrs. Mann came to me and said, she had lost the door of her house; I went to Kennedy's shed, and found the door behind the door of the prisoner's shed; I took the door to the watch-house; I went to the Fountain, and there I met him coming out of the door with his tools, choppers, saws, &c. that he cuts the wood with; and making a great noise; and I told him, I would take him to the watch-house for making a noise, and from thence to the Compter.

(Edward Dawson deposed to the door.)

PRISONER's DEFENCE.

The door was never in my shed; Mr. Dawson told me I should fetch forty; and he would have the reward some how or other.

Dawson. I never said any such thing, upon my oath.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-17

153. JOHN AKERS and WILLIAM FARMER were indicted for feloniously stealing, on the 10th day of January last, one ham, weighing twenty pounds, value 10 s. the property of John Davis .

JOHN DAVIS sworn.

I am a cheesemonger in Bishopsgate-street Without, in the parish of Saint Botolph ; I lost a ham on Saturday night; about ten o'clock, I had occasion to send some hams to a gentleman in the country, and I examined this particular ham, and though I thought it was a good one, it was so awkwardly made, I did not send it;

I put it in the corner; I can swear to it; I observed Farmer about the window at five o'clock.

EDWARD DALTON sworn.

I am apprentice to Mr. Akers, hairdresser, in Spital-fields: on the 20th of January, on a Saturday evening, between four and five, coming out of Catherine-wheel-alley, I saw Farmer the prisoner, at Mr. Davis's shop-window, and the other at the lottery office window; the next door to Mr. Davis's; I made a stop, and looked at Farmer, when they saw me, they walked away; I saw no more of them till between ten and eleven the same night; I saw the window up; I saw Farmer take hold of the ham, and pull it, and Farmer saw me, and let it go; I believe Akers was by at the lottery-office, but I am not positive of that; then I saw Akers take the ham out of the window, and put it on his head.

Court. Then you watched them? - Yes, I went over the way to Half-moon-alley, and I left my things at the oil shop, and told them what I left them for, and I saw Akers with the ham on his head, and I think Farmer was at the lottery-office window; I went and gave the alarm at the shop, and the man came from the back part of the shop, and asked which way they went; I told him they ran down Artillery-lane; we pursued them, and the patrol took Farmer the corner of Union-street, the new opening.

Prisoner Akers. Ask the boy if I was the person that was standing at the lottery-office window? - I am positive he was the person that was at the lottery-office window, which was very well illuminated, and there were lights in the other shops.

GEORGE DASHMORE sworn.

I am a taylor; on Saturday the 20th of January last, at ten o'clock, I was standing at my father's door, and heard the cry of stop thief, and saw the two prisoners run by; I did not observe the ham on them; I caught hold of Farmer by the collar, in Union-street; I found the ham in a saw pit.

Prisoner. At Guildhall, that gentleman said he did not know us at all.

Prosecutor. I said at Guildhall, I could not pretend to say that I saw the ham at all, only that I saw something bulge under one of their coats.

(Three other witnesses assisted in taking the prisoners.)

Prisoners. We know nothing of it.

The prisoner Akers called two witnesses to his character.

BOTH GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-18

254. JOHN WALKER and JOHN EVANS were indicted for feloniously assaulting William Stephenson , on the King's highway, on the 26th day of December last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 4 l. two guineas, value 42 s. one crown piece, value 5 s. one dollar, value 4 s. and two shillings in monies numbered, his property .

(The witnesses examined apart.)

WILLIAM STEPHENSON sworn.

I live in King-street, Golden-square; I am a bricklayer ; I was knocked down by the two prisoners, and one John Coleman , in Old-street , the night after Christmas day, the 26th of December, I was coming home from the City-road; I had been asking a job of work, and was knocked down, and was beat, and robbed; it was by a person I did not know; they took from me my watch and money; I do not know who it was knocked me down.

What sort of a watch was it? - A silver watch, No. 3523, and two guineas and a half in gold, and a crown piece, and a dollar, and two shillings in silver, and nothing more; there was a young man a little before me; we both came from the public house together to go home he turned back to see what was become of me, and they were beating me as I lay on the ground; he saw John Walker taken the watch out of my pocket; his name is Matthew Stevenson ; he is my brother

Are these two of the men from your own knowledge? - Yes, the little one John Walker was one, I am sure; I never saw him before, nor I never saw him afterwards, till about a fortnight after, I saw him at the Rotation-office, Whitechapel; he was brought down to the Rotation-office to me to pick him out of company; I advertised the watch as a lost watch, and Joseph Ellt and another man brought me the watch, they were to find the prisoner; Joseph Ellt keeps the Blue-anchor, in Petticoat-lane; when he brought me the watch, it was without the outside case; I thought when I advertised the watch, I should get the case along with her; as soon as I got the watch, I carried it to Mr. Staples, and told him about it, and Mr. Staples sent for Ellt, and he was to

find the man that left the watch with him; he never produced him; about a fortnight after, I went down to Joseph Ellt 's house, where the prisoner Walker lodged; on my going to Ellt the publican, he said he would not find the man; then I went and told Mr. Staples that I had been to Joseph Eillt's, and he would not find the man, and he bid me come down the next day about eleven, and I went down, and the Justice granted me a summons against Ellt, to produce this man; I went and told Ellt of this, and then he brought down the prisoner Walker on Friday; I do not know the day of the month; he came down into the tap-room, and a great many more with him.

Did you at the time believe it was him? - No, my brother told me of this man when he saw him go through the taproom.

Then you did not know him, only from what your brother said? - Yes, Sir, I had an idea of him, but not so much as he had; Ellt called all the company together, and separated them into four different rooms, and we went into these rooms, before we went into the room where the man was; and when we went into the room where the man was; we picked him out.

How many were there in the rooms? - I cannot say; there were three or four in each; I knew him again then; I went before the Justice, and the Justice asked me if I would swear to the man, and I told him I believed he was the man; my brother was with me; the other prisoner was with him at the time when he knocked me down.

Are you sure you know him? - Yes.

Did you remember him when you saw him at the Justice's? - Yes, this long man's name is Evans.

What day was he taken up? - On the Saturday night.

Did you see him on the Saturday night? - No, I did not see him till the Thursday after.

Where did you see him? - At the Rotation office, in Whitechapel.

Did you know him again? - Yes.

What time of day or night was it you was robbed? - At six in the evening.

Was you near any lamps? - There was snow on the ground.

Was it so light that you could clearly distinguish the countenance of these two people so as to know them again? - Yes.

Jury. How near was the light of the lamp to you? - It may be twenty yards; the shop windows were lighted; it was on a Tuesday.

Court. In short, by the shop windows, or the lamps, or the snow, or whatever it was, was it so light that you could distinguish him? - Yes, Sir, it was not dark, the snow was on the ground, a little snow.

Mr. Knowlys, Counsel for the Prisoner Walker. I think you say you live in King-street, Golden-square? - Yes, I am a journeyman bricklayer.

You was going to see for work, you was pretty rich, had not you been drinking pretty freely with your companion? - I had been drinking, it cost me about eight-pence; I was at the public house about two, and set out between five and six.

You had been pretty jovial, had not you? - No, Sir, I cannot say I was.

How many were in company? - There were twenty in the tap-room, all the brick-layers that were working at the buildings; there were thirteen houses; I was drinking with them; they were no acquaintances of mine; I am sure I was robbed this night.

Mr. Knowlys reads the advertisement.

"Here is a silver watch lost, maker's name

"Nathaniel Cliffe, Hull, No. 3523; any

"person bringing the said watch to Mr.

"Beckford, No. 23, Golden-square, shall

"receive two pounds reward;" you say somebody brought this watch afterwards to your house? - Yes.

Was the landlord Ellt an old man? - My landlord was an old man, but the man that came with Joseph Ellt was an old man; I was told so; I was not in the house at the time.

Had this man had any conversation with you before this took place? - No.

Then the first knowledge you had of this man was, when you received the blow which brought you to the ground? - Yes.

Do you undertake, a fortnight afterwards, to swear to the persons of men whom you never saw before? - Yes, Sir, I think I can.

Did not you see the men till they came up to you and knocked you down? - No, Sir, I never did.

Were you stunned by the blow? - I was knocked down by the blow to the ground.

Was not you stunned? - Yes.

Did they all three front you at the time they came up? - They all three came up together.

Then you are sure of all the three? - I am sure of these two.

You saw the other before the Justice? - Yes.

You was sure of him too? - Not so sure; this man came walking up, the same as you would come to me.

Will you undertake to say you saw the men as they knocked you down behind? - No, Sir, but I saw them when they were beating me.

How long might they beating you? - About five minutes.

How comes it that your brother had not come to your assistance all that time? - When I did not come up, he came back to see what was become of me, as we were both going home together.

Have you always been of opinion that you knew Walker? - Yes, I knew Walker.

Have you never said that you was so drunk at the time, that you did not know whether you lost your watch, or was robbed of it? - No.

Upon your oath? - I never said any such thing.

Court. Was you drunk at the time? - No, Sir, I cannot say I was drunk, I had been drinking; I cannot say I was clear of liquor.

What did you drink? - Porter.

Mr. Knowlys. Then your share of the porter came to eight-pence? - Yes.

How much porter will eight-pence buy? - Two pots and a penny over.

Have you never expressed to any body that you was so much in liquor that you did not know whether you lost your watch, or was robbed of it? - No, Sir.

Ellt at first would not bring the man? - No.

Upon your oath, did not he tell you upon your calling for the watch, that the man would appear next morning at Justice Staples's if you wanted him? - No, Sir, he promised before Justice Staples, that he would find the man, he said he could not say he could find him the next day, but as soon as ever he could find the man, he would bring him to Justice Staples, and I should have two or three lines to come to the Rotation-office, which he never did.

Did not that man come with Ellt without any warrant to Justice Staples? - He came without any warrant, but Ellt was obliged to fetch him.

Who was with you when you went into these different rooms? - Benjamin Nash and the landlord.

The runners were with you when you went into the different rooms? - Yes, Sir, they were.

Should you have taken your watch if it had been brought you with the outside case on? - Yes, Sir, and the man also.

How long was you in the tap-room when you came to Ellt the first time? - Not five minutes, when I went to buy some bread and cheese; the tap-room was very full, I cannot say how many there were.

Court. You say you was knocked down? - Yes.

During what part of the time was it that

you had an opportunity of seeing the face of the prisoners? - While I was laying, and they were beating me.

During what time was it that they picked your pocket of your watch and money? - After they knocked me down while they were beating me.

During that time you had an opportunity of observing them, you did observe them, and knew them again? - Yes.

MATTHEW STEPHENSON sworn.

I am a taylor; I am brother to the last witness; I was with him at the time he was robbed; I was before him; I turned back to find him, that we might not lose one another, as we were going home together; so when I returned back, there were three men beating him on the ground; then I saw the little man, that is Walker, take his watch out of his pocket, and the prisoner Evans struck me directly when I offered to assist my brother, and when I turned round to look at him, there was another, his name is John Coleman , and he struck me over my nose, and made my nose bleed; I am sure Walker is the man that took the watch out of my brother's pocket, and I really believe that Evans is the man that struck me first, and Coleman is I believe the man struck me second; they went away, and we came home.

Had they any arms? - None that I saw.

This was done by force, and without any arms? - Yes.

When did you see these men afterwards? - I saw Walker on a Friday, almost three weeks after.

Was your brother with you? - Yes.

Who shewed him to you? - Nobody.

Where did you see him? - We saw him first in the tap-room.

You know Walker immediately? - Yes.

When did you see him afterwards? - On the Saturday.

Where did you see him then? - At Mr. Staples's office, that was John Walker, I saw him at the Rotation-office; I knew him again then.

You went through two or three rooms? - Yes, me and my brother; my brother picked him out; I told him to pick out that man.

Who did he pick out? - Walker was the first man he picked out that day.

Did your brother know him again as well as you? - Not so well, but he had some knowledge of him.

Are you very sure from what you was capable of seeing that night, that these two men are the men that robbed your brother? - I am very sure that Walker is the man that got his watch, and I am pretty sure that Evans is the man that struck me first.

What sort of light was there when your brother was robbed? - There were the lamps and shops lighted, just opposite where he was knocked down.

Were these lights near enough to see distinctly? - Yes, Sir, so far as to know them.

Mr. Knowlys. Had you been with your brother spending the day? - Yes.

Walking out in the morning? - Yes.

Afterwards went into a public house to refresh yourselves? - Yes.

How long were you in the public house? - I cannot say how long, we had but two pots of beer between us.

Was you half an hour there? - Yes, that if not more, not an hour, I cannot say how long.

Was it half an hour, or three quarters of an hour? - May be it might be half an hour, or may be three quarters of an hour, not to exceed an hour.

However, you was with your brother all the time? - Yes, but we were at two public houses; I suppose we might be there three hours.

Which did you come away from last? - That close by the buildings in the City-road.

How much might you drink at the last place? - I cannot say how much we drank, because the master he was seeking the job of work was there, and he drank along with us; it came to each a pot of beer, or four-pence, I cannot tell which.

Then you had not been drinking there largely at all; they would not charge you eight-pence for a pot of beer? - No, some paid four-pence, some a pot of beer, and some more; my share was either four-pence, or a pot of beer; my brother's was seven-pence or eight-pence; I do not suppose them that drank most paid most; we got there about two, and I suppose it might be a little after five when we came away.

Who was with you besides your brother? - I do not know the people; there was one that I knew, but there was no more; and there was another that my brother knew, but I did not.

Who was with you when these two men men came up? - Nobody but our two selves; I was twenty yards before my brother; there were a deal of people going about, but not at that spot where we were, not that we saw, but there might be.

Were the shops open near that place where your brother was knocked down? - Yes.

Did you make any application for assistance? - No; there was one man particularly that I remember said, we had better go home, and think ourselves very well off we got off so; I made no application.

Did your brother? - Not that I know of.

But at the time you was struggling with these men, did not you think it necessary to call for assistance, as the shop was so near? - It might have been necessary; we did not know what to do for the best; if we had thought of that certainly we would not have spared ourselves to have called out.

In fact you did not call out or give any alarm at this time, how long might your brother be engaged in the scuffle? - He got up with my assistance; I do not suppose the scuffle lasted a minute, because one of them struck me as soon as I came up, and another gave me a blow; they walked to Old-street turnpike-gate, and we came up the other way.

How long might they be in your sight after they quitted your brother? - Not a minute.

You desired your brother to pick Walker out at the Justice's? - Yes, I had told my brother before, that I could know him; I said so at the Blue Anchor; there was a man there threatened my life if ever I said a word; that was the reason I would not pick him out; my brother said, he supposed that was the man; and I told him I was sure that was the man.

Court. Then your brother pointed him out as the man? - Yes.

How near were Nash and the other person to you? - Pretty near.

Mr. Knowlys. How much will your brother and you get if these two men are convicted? - Upon my oath, Sir, I do not know.

Have you never heard if these two men were convicted there would be eighty pounds reward? - No, Sir, nobody told us so.

Did not you know it? - I never did hear that there was a halfpenny for taking a man up.

Do you know it now? - No, Sir.

You swear that? - Yes, I can, and I will if you please.

Court. Do you expect any thing at all by the prisoners being convicted? - No, Sir, I do not; I do not want any thing; I had not seen them between the robbery and the time; here is the watch which Matthew Stephenson got from Mr. Ellt; my brother and me went up to the Blue Anchor to Ellt's; and we had been there the night before; I told him I would come the next morning; on the Friday morning I went, and Ellt offered us the watch for a guinea and a half; and made an excuse for himself.

Did you get the watch from him? - I had it from a Jew; I do not know his name.

JOSEPH ELLT sworn.

I am a victualler, at the Blue Anchor, Petticoat-lane; I believe this to be the same watch according to the advertisement; by the request of John Walker ; the first time he applied to me, was the 26th of December, about half past eight I reckon, or

thereabouts, in the evening; he applied to me to lend him some money upon this watch; I believe it be the same; I refused it, as being no judge of those articles; he said, he had found it; John Walker came to me on the 28th or 29th of December, and asked me to let him have some money to take the watch out of pawn that he had found; that he would wish to carry it home as it was advertised; I was then in bed; I refused to lend him money, but I told him I would take it out if he would go with me and take it, agreeable to the advertisement: provided he would allow me for my time; I took it out of pawn; it was pawned at Mr. Warner's in White's-row; I gave fifteen shillings and the interest; accordingly we went to King-street, Golden-square; there I shewed the watch to Mr. Bedford, agreeable to the advertisement; they refused to pay the reward of the advertisement; they said the outside case was lost; and they said, they would not pay it, for the outside case was not with it; we went home in the evening, and some time in the evening the prosecutor and his brother came to my house; I told them there was the watch, and if it was their's, they might have it; but they would not take it without the outside case; some few days after they came again, I still told them the same; at last they had the watch, and I allowed them half a guinea for the outside case; they paid a guinea and a half, instead of paying of two guineas; I know nothing of the prisoner Evans; I may have seen him, but as to any public knowledge of his person, I have not; I cannot deny that I have seen him before.

Do you know him by sight? - Yes.

Have you seen him at your house? - It is possible I may; if not in the neighbourhood.

Have you seen him with the other prisoner? - Not that I know of.

Have you ever seen him on this occasion? - No.

Then you know nothing at all of him concerning the watch? - No; the prosecutor offered to make it up; the prosecutor offered to swear to my own brother; that is the gentleman, I do not know his name. (Pointing to Matthew Stephenson.) We were disputing about this matter of the watch, five or six; and some proposals were made by the prosecutor to settle something of this matter about the watch, which I refused; if I would have made their loss good, the prisoners would not have been here; accordingly I asked him if he should know the person that took the watch from him if he saw him; he said, he should; accordingly one said, he should, and the other said, he should not; and that other said, he was so much in liquor, he could not know any man, nor know how he lost it; accordingly I says to Matthew, you have lately seen the person that found the watch; if he was the thief why did not you take him; he said, if he saw him, he was doubtful of laying hold of him, least he should have ill treatment; I immediately engaged myself that my life should be at stake, that no man should ill treat him, in the matter, on the premises, or where I was; I desired him to look about; he looked about and saw my brother Thomas Ellt, and he said, you I know well, he said, this coat I remember well, though in the dark; this wig I remember very well, though it was dark; I put my hand on your shoulder in Old-street-road, such an hour, such a night; I sent for an officer to secure my brother till they decided the matter; but the officer did not come; and he bugged my brother's pardon, and treated him with something; accordingly that passed on for sometime; he acknowledged himself that he had aggrieved my brother, and wrongfully accused him, when he found my brother had sufficient proof where he was that night at that time; after that I was subpoened before Justice Staples on account of the watch; Mr. Staples sent for me, and I went up; he did not send a warrant, nor a summons; he asked me, if I knew the man that took the watch out of pawn; I

told him, I believed him to be an honest, industrious, young man; and I believed he would not be absent when he was wanted; that went on for I suppose three weeks and better; the prosecutor applied to me, two or three different times; I had seen the person who is now prisoner, two or three different times; about the latter end of the session, I received a fresh order to come up to Mr. Staples's, and the prisoner John Walker went up with me, a volunteer, in company with others; accordingly the prosecutor was desired then to pick him out, though he had seen him so often; he said, then that is the man that found the watch, or the man that got the watch had a scar over his lip, and a brown coat on.

Which was it that said this? - It was one of them, but I cannot be positive which; this gentleman, Matthew, refused to swear to John Walker before the Justice; when we came into the last room, he pitched on the person whom he described.

Who did? - One of these, but which I cannot tell; when we came into the last room, one of the brothers pitched on John Walker.

Did you hint to him that it was John Walker ? - No, my Lord; but I believe that others did.

You believe others hinted it to him? - Yes, I do.

You went to see him picked out, did not you? - Yes.

Then you went to see he properly picked out the right man? - My Lord, I was to answer to the man that brought me the watch.

Who do you believe hinted it to him? - I believe one Walter Underwood hinted it to him.

Why do you believe Walter Underderwood hinted it to him? - Because the man knew him not before, and saw him different times.

Did you see Underwood point him out? - No, not positively; I believe it because he came into the room to insinuate the purpose; and the prosecutor knew not the man before, but then he knew him, when he saw him in a different dress to what he was in before.

Upon your oath, did you believe it at the time? - I did, and do now.

Upon your oath, at the time, did you take notice to any person present, that Underwood did point him out to him? - It was spoken by somebody; I did take notice of it at the time, and I mentioned it before Mr. Staples.

Did you mention it in the room at the time he was picked out? - Not in the room, because the man was not in the room at the time.

Did you mention it at the time? - I did at the same time to some person that was there, that I believed that Walter Underwood did pick out the man, and point him to the prosecutor.

Did you say that aloud? - I did say it to several, and I did not speak it in the open Court; I have not got a positive proof that Walter did pick him out; but I say I believe to.

Did you at the time say aloud, so that the company might hear you, that you believed Underwood had hinted to the prosecutor that that was the man? - I said, I believed it; I cannot say I can pick out any persons particularly that did hear me; there was one man subpoened that told me he was of the same opinion.

Did you say so loud that all the company might hear you, that you believed that Underwood hinted to the prosecutor that that was the man? - I believed it at that time; I told you at first that I believed it so.

Did I ask you what you believed? how do you dare thus to treat the Court? did you say aloud to the company that you believed that Underwood had hinted to the prosecutor that that was the man? - I cannot say that any person I can pick out heard me; I do not know that I spoke of it to any body; I do not know that I spoke positively to any body; I cannot say that I did positively.

If you saw a man hinting to another in that fashion, why had not you the honesty to mention it to somebody? - I only went at first upon belief; he was in the room.

Did you ask Underwood why he hinted him out? - No, I did not.

Did you hint at all to the prosecutor Mr. Stephenson, that Underwood had intimated to him who was the man? - I do not know that I did.

Then you never told Stephenson nor Underwood, at the time, that Underwood had pointed him out? - I do not know that I did to either.

Why did not you? - Because I did not so clearly understand it till afterwards, that persons told me, and others told me, that was the person that pointed him out; but I cannot positively say.

Were, or were not both the Stephenson's in the room? - Only one, I believe.

Will you venture to swear that one or both were in the room? - I cannot swear.

Nor which of them? - I cannot, because I am not positive.

( William Stephenson and Mr. Ellt confronted.)

Have you ever seen that man before? - Yes.

Did not you tell me that you and your brother went into the room where one of the prisoners was? - Yes, and Ellt went with us, and a runner.

Now, he says, he asked you or your brother, if you should know the person again who took the watch, and that you said, you should not know him you was so much in liquor? - I never said any such thing.

Matthew Stephenson . I never said any such thing, nor he never said any thing to me.

Did either of you say you knew not how you lost them? - No, Sir, I never did.

He says, he said to Matthew, you have lately seen the person who found the watch, if he was the thief, why did not you take him? and he says, you said, if you saw him, you was very doubtful of laying hold of him, left you should have ill treatment? - He never said any such thing to me.

Then he says, my life shall be at stake that no man shall ill treat you? - No, Sir, he never said any such thing to me.

Did he say any thing to that effect? - No, Sir, he never did.

Then he says he desired you to look about, and you fixed on his brother? - No, Sir, I never did pitch on any man.

He says, that one of you said, this coat I remember very well, though in the dark; and this wig I remember well, though in the dark; and you put your hand on his shoulder in Old-street road on that night? - No, Sir, I did not.

Matthew Stephenson . I said so, but I did not say he was the man that robbed my brother; but I said, he was the man that I saw in Old-street that night, after the robbery.

Was there any officer sent for to take his brother? - No, Sir.

To Matthew. Was there any officer that you know sent for to take the brother? - No, Sir.

Court to Matthew. Did not you go with your brother into the house with that man? - Yes.

He says, one of you said, the man had a scar, and a brown coat? - We did not mention any thing of that kind.

Then he says, when you came into the last room, one of the brothers pitched on John Walker , and he says, I believe others hinted it to him; did either of you acknowledge that you had wrongfully accused the brother, as he had sufficient proof where he was? - No, Sir, I never acknowledged further than this; that I saw him in Old-street that night, to my best belief, after the robbery was done; and I believe it was him that said, we might go home, and think ourselves well off; I never accused the brother any further than that.

Then you never acknowledged that you wrongfully accused him?

William. I never said so, in my life.

Ellt. If he had not found there was

sufficient proof where he was, I believe he would have sworn positively to him.

Court to Matthew. Did any body whatever hint to you in the room which was Walker? - Nobody ever hinted to me; I did not know one that was there; I do not know Walter Underwood if he was there standing.

William. I say the same; we do not know him.

Mr. Knowlys, to Ellt. Did you ever see that watch in the possession with an outside case? - No, I never did; he told me he would pawn it till it was advertised; I saw it after it was advertised; I did not see the advertisement; John Walker , the prisoner, took me to the very place where the prosecutor had directed the watch to be brought; he brought me up to King-street, Golden square.

You told them that if ever any thing was against Walker, he was to be found? - Yes, this was afterwards.

Did he go with you voluntarily to the Justice? - Yes.

No warrant issued out against him? - No.

Was Walker at the door when the door was open to you at this house? - I believe he was, or close to the door with me.

Might he be seen by those persons that opened the door to you? - Undoubtedly they must have seen him.

Did you understand that to be the place where the prosecutor lived? - I believe it was where one of them lived; John Walker went with me agreable to the advertisement.

Now, you say the prosecutors were twice at your house? - Three or four different times.

Was John Walker ever at your house when they were there? - Different times, and present to their face.

If they had wanted him they might have seized him? - Undoubtedly they might.

Did they at any time point to that man, to the best of your knowledge? - They did not, if they had they might have taken him.

Did you tell Justice Staples the same that you have told us now? - As near as possible I can remember.

Which of them was it who declared he was so very much in liquor at the time? - This gentleman in particular.

(Pointing to William.)

Did they declare that in your house? - In my house, and in my hearing; they both have said it, but this gentleman in particular.

JOHN WARNER sworn.

I am a pawnbroker; I know the prisoner John Walker ; on the evening of the 26th of December, he came to me and pawned a watch for fifteen shillings; I live in White's-row, Spital-fields; the watch is here; this appears to me to be the very same; nothing particular passed; I asked him where the case was; he brought it without a case; he said, he had not the case; he brought it as it is now.

Did you enquire any thing about him? - Not any thing further; he said, he had not the case.

What time of the evening was this? - I believe it was between six and nine; I am not particular to the hour.

When was it taken out again? - It was taken out the second day after; that was on the 28th.

Who took it out? - Joseph Ellt ; nobody was with him; I am sure of that; I never saw Walker before; he told me he lived in Petticoat-lane.

Do you know whether he lives at Ellt's or not? - No more than what I have heard since.

Jury. I understood the publican that Walker went with him.

Court. He said so, that was the reason I asked him.

BENJAMIN NASH sworn.

I belong to the Rotation-office, Whitechapel; on the 7th of February, I apprehended

Evans, and on the 6th I apprehended Walker; I know nothing more.

Mr. Knowlys. How do you mean that you apprehended Walker, did not he come to the office without a warrant? - I say he was in the office, and I went down and took him.

Court to Ellt. Where does Walker live? - He had work in St. Catherine's-square.

Where did he lodge on the 26th of December? - On the 26th of December, at night, I believe he lodged at my house; he had not lodged there I believe for two months before; he lodged there I believe for three or four weeks.

He had been a lodger at different times at your house? - Yes, about two months before; for three or four weeks.

PRISONER WALKER'S DEFENCE.

The time I went about the watch, I had been at Mr. Ellt's house several times; I saw the prosecutor only two or three days before he took me up: they did not know nothing at all about me; the day after I found the watch, I looked in the paper to see whether it was advertised or not; it was not that day; the next day it was advertised, two pounds reward, or else I intended to have advertised it myself; I went to Mr. Elt's house, and he went along with me to take the watch out; it was the pawnbroker's wife that gave me the watch, and when I came back I left the watch in Mr. Ellt's hands.

SAMUEL CHERRY sworn.

I am a blacksmith.

Do you ever remember being at Mr. Ellt's house when the enquiry was about the watch? - Yes, I was there having a pint of beer; I saw Walker there; I saw the two Stephenson's twice there; they came in about the watch; Mr. Ellt had taken it home; I stood on the other side of the box, and listened to hear what they were talking off; and I heard one of them say, he did not know whether he lost the watch, or whether it was stolen from him; he was so much in liquor.

Which said that? - This is the man. (Pointing to William.) I know never a one of their names; nor I never saw them before with my eyes; then the next day they came again, and went into the parlour, and there was some words about a watch; the case being lost; they would not give the reward without the whole; and, as we were sitting there, and Mr. Ellt's brother was there, he turned himself round and said, this is the coat, and the wig that you robbed me in, in Old-street-road.

Who said so? - Matthew; he said, Thomas Ellt was the man; that was the coat and the wig he had on when he stopped him in Old-street-road; with that, they desired me to go and fetch an officer; I went after one, and he promised to come down, but did not; I went again after the officer; then they said, I cannot think how you can challenge that man with the robbery, a man that has lived in the parish so long as he has done, and to be guilty of any such thing; I said, what a bad man you must be, I can bring proof where the man was at ten at night, in at the Fleet, at that time you say he robbed you; and when he found that, he made a humming and hawing, and then he wanted to drink with Mr. Ellt, and said, he was very sorry for what he had said; then Mr. Ellt said, I do not care, if that be the case, if you think I am not the man, I will drink with you; and there was a glass of rum called for, and they shook hands, and Mr. Ellt drank the glass of rum, and after he had drank it, Matthew said, I cannot but think you are the man that did rob me; he said, he could not but think he was the man at last; after he had drank the glass of rum, and shook hands with the man and every thing.

Court. Who was the officer you went to? - One that keeps the Plough in Cox's-square; I do not know his name; I was told to go there.

How often did you go to him? - I went twice; what I say is truth; I am upon my oath.

Did you see him? - I did see him.

Did you tell him your errand? - I did not; I told him Mr. Ellt wanted to speak to him.

Did you tell him for what? - I did not.

THOMAS ELLT sworn.

I am a weaver; I keep the Gentleman and Porter, in Bell-lane, a public house; I was at my brother's house, on the Thursday evening, the 28th of December; and while I was with Mr. Cherry, and several other house-keepers in the neighbourhood, drinking, comes in the two prosecutors, and they began to talk to my brother; they sat down in a box together, there were two other men with them, which I never saw before or since; they began to talk about the watch; my brother told them, he had taken the watch out by the man's desire that found it, with the man that found it; he went with him to take it out of pawn, and carried it to his lodgings; they they began to talk about losing the watch; William Stephenson declared that he charged no person with the robbery, for he was so much in liquor that he did not know which way he lost it; then they began to talk about the reward which was offered; the two Stephensons rather refused to pay the reward, the outside case being lost; they came again the next morning; I was just going into my brother's house; I met Walker at the door, so that the two prosecutors and we were going in; I cannot justly say the time of the morning, I believe it might be about ten o'clock, or rather later, I did not take particular notice of it; they called my brother into the parlour as soon as they came in; and hearing what had passed the evening before, I thought it was proper, seeing two of them, that he should have somebody to hear what was said, as well as they, and I followed him into the parlour; there was some discourse much the same as the evening before, about the case being lost, which passed on; I said to Matthew Stephenson , says I, I think I remember your face somewhere young man; so do I your's, says he, very well; says I, I cannot recollect where it has been, but I am sure I have seen your face somewhere; says he, I know very well where it was; says I, if you know, I shall be obliged to you if you will tell me; no, he did not chuse to tell me he said; I made a reply, it was a matter of indifference to me if he did not chuse it; he began to talk then of seeing the person that he charged with the robbery, which he before said he could charge no one; and he made answer and said the thief was then in the room; my brother then said, if the thief is in the room, why do you not take him.

Who said so? - My brother, the landlord of the house; by this time there were several more neighbours, Mr. Cherry, and several more house-keepers came into the room.

What before he said this? - Yes, before he spoke this, and several of them said if the thief was in the room, they were very ready to give their assistance to serve him; then it was mentioned the sending for an officer; the first officer we sent for, was one Box, a constable, but he was a city officer, and this was out of the city; then they agreed to send for another; Matthew Stephenson said, this coat I remember very well, and this wig, and your face well, though in the dark, and do not you remember my clapping my hand on your shoulder, and saying, do not use us ill, about six o'clock on Tuesday evening, in Old-street-road; with that, Samuel Cherry was sent for, and one Mr. Thomas a headborough, at the sign of the Plow, in Coxe's-square; I believe my brother sent for him; he waited some time, and he did not come, and he went again a second time; I believe my brother desired Cherry to go, and tell Thomas he wanted to speak to him; I cannot tell the words, I was rather flurried at being charged with such a thing; it was not me, but my brother, that sent for him; his not coming at the second sending for, we then agreed to go up voluntarily before Mr. Staples together; I fancy it was eleven or past, I cannot say to a few minutes, it was in the fore part of the

day; with that, Samuel Cherry said, how can you accuse this man, who has lived so many years in the neighbourhood, and never had a blemish in his character in his life, when I can prove where he was that evening till ten at night; I was in the Fleet-prison upon business, from three till ten that night; I was doing some business with a prisoner that was there; with that, he rather then began to draw his words in, and he said he was sorry, he believed he was under a mistake, he was sorry he had charged me with it, and if I would forgive him, he would treat me with any thing I would drink, and he would make up every matter, and give me a guinea and a half out of the reward that was offered for the watch, and he would have the watch, and make it all up; with that, I told him it was a very hard case to have my character, which had never been blemished, where I lived twenty-five years on the spot, taken away; but if he would ask my pardon, and confess before the company I was not the person, I would make it up.

Did he do it? - Yes, he did.

He confessed before the company that you was not the person, though he had charged you before? - Yes, and he was going out of the door, and we had shook hands, and he said, says he, I cannot help thinking still but you are the man; I saw no more; my brother and he, and another man went together, I believe to get the watch from the pawnbroker's, and I saw no more of him till we went up before the Justice.

Court. Do you know the prisoner Walker? - I have seen him several times; I believe eight or ten times, but I have no acquaintance with him.

Where does he lives? - I cannot say, I have seen him at my brother's; when I came before the Justice, I told him how I had been used, and I asked the prosecutor to give me his name, and place of abode, and he refused it; I applied to Mr. Staples; he said it was proper that he should, and he asked him for it, and he wrote it down on a piece of paper; I live at the Gentleman and Porter, in Bell-lane, Spitalfields; I have only lived there about a fortnight.

Where did you live before? - In Petticoat lane, next door to the Coach and Horses; I have lived there much about a twelvemonth.

Mr. Knowlys Was Nash at Staples's at the same time? - I believe not.

Nash. I was bad in bed.

Court. William Stephenson , you have heard what the last witness has said, is that true? - No, Sir, it is not.

You hear what he has said, and what his brother said respecting what passed when you and your brother were present, I ask you again whether or no, that which he has said is true? - No, Sir, it is not.

Do you utterly deny it? - Yes; my my brother said he saw him in Old-Street, but he never said he robbed him.

Matthew Stephenson . It is not true what Mr. Ellt said; I could not say he robbed me, when I was not robbed at all.

Did either of you ever talk about this reward? - Never a halfpenny, or a farthing piece he got from me.

Did you pay for any rum at all? - I never did.

Did your brother? - I never heard him say so.

Is that conversation which this last witness has said true?

William. It is not true.

Matthew. It is not true.

(The witnesses all ordered out of Court, except William Stephenson .)

Mr. Knowlys to William Stephenson . Do you remember seeing Thomas Ellt before Justice Staples? - Yes.

Did he before Justice Staples complain of your conduct at his brother's house? - He said before the Justice that my brother would swear to him, but the Justice gave no car to it, and my brother denied it at the time.

Did the Justice at that time order either of you to give a direction to Ellt on account of the injury you had done him? -

No, Sir, we never gave any address; the Justice never asked us for our address.

Court. Did he ask you where you lived? - Yes, the Justice asked my brother for a direction.

What did he want it for? - For nothing at all.

Court. Did you give the Justice any direction? - No, Sir, I never did; he made application, and said my brother would swear to him.

Did he ask you where you and your brother lived? - We were obliged to give that for them to write to us when they found the other two men.

For what purpose? - To write to me when they got the other two men.

Mr. Knowlys. Was that direction given to Ellt by order of the Justice? - I do not remember any direction, if he got any direction, it was by order of the Justice.

Did not the Justice order that direction to be given to Ellt? - Yes, he was to write to us as soon as he got the other two men; it was given to write to me.

Court. Which Ellt do you mean? - The landlord.

Did not the Justice upon Thomas Ellt 's complaining that one of you had done him an injury, direct that the direction should be given to him? - I heard him complain of me; I heard him say to Mr. Staples that my brother would swear to him; I will not swear he did not, nor I will not swear he did.

Did not you accuse him in the parlour of having so said? - No, Sir.

Court. You were the person that was robbed? - Yes.

Your brother was not robbed? - No.

Did you ever accuse Ellt, the brother of the publican, of having robbed you? - No, never, nor any body else till I took Walker.

Your brother never pretended to be robbed? - No, Sir, he had nothing to be robbed of.

You was the only person that was robbed, and you never accused Ellt at all? - No, Sir, nor any body else till I accused the prisoner.

Court to Matthew Stephenson . Do you know Thomas Ellt ? - Yes, I saw him at Justice Staples's.

Did not he accuse you of having said he had robbed you? - He accused me that I said he had robbed my brother.

Was not your directions, or your brother's, given to him by order of Justice Staples? - Yes, the Justice asked me for a direction to give Ellt where I lived.

For what reason? - Why to punish me after; I do not know what was the reason; he asked me where I lived, and Mr. Staples wrote it down where I lived; the direction was given to Mr. Ellt.

Which Mr. Ellt? - To Mr. Thomas Ellt ; it was not the landlord.

Was not that given to him in consequence of his complaint of your conduct? - He asked for it, and he got it, Justice Staples gave the directions to Ellt; it was written before we came out of the office; I believe a direction was given to Thomas Ellt , and not to the landlord.

Court. Pray on this day was you robbed? - No.

Pray then if you were not robbed, I want to know whether you accused Thomas Ellt of robbing you? - No, Sir, I never accused him of having robbed me, or any body else.

Did your brother William accuse him of robbing him? - No, Sir, my brother was robbed, but neither of us accused Thomas Ellt .

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

Prisoner Evans. My Witnesses are gone home.

JOHN WALKER , JOHN EVANS ,

GUILTY , Death .

Court. Let Joseph Ellt have no share in the reward.

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

Reference Number: t17870221-19

255. CHARLES BARKER was indicted for burglariously and feloniously breaking and entering the dwelling house of William Watson , about the hour of two in the night, on the 30th day of December last, and burglariously stealing therein, six gallons of spirituous liquor called anniseed, value 30 s. six gallons of other liquor, called peppermint, value 30 s. two gallons of other liquor, called bitters, value 6 s. two gallons of other liquor, called raspberry, value 12 s. his property .

(The witnesses examined apart.)

( Moses Levi called on his recognizance to answer as a receiver, and not appearing, his recognizance was ordered to be estreated).

WILLIAM WATSON sworn.

I live in Anchor-street, Bethnal-green ; I keep a liquor shop : on Saturday night, the 30th of December, after making the door and windows fast as usual, me and my wife and servant went to bed; I saw them fast that night; I constantly do so; and on Sunday, about seven, I came down, and observed one of the sashes thrown up; this is a corner house, and a square was broke in the window; and looking down upon the ground in the shop, I immediately missed eight two gallon casks of spirituous liquors, as mentioned in the indictment; three of anniseed, three of peppermint, one of raspberry, and one of bitters; the girl was just gone out to take out the bolts; I came down first; she sleeps in the kitchen; she brought in the bar of the window, which was broke open; I believe there was a nail to prevent its being slided up at one end, and a bolt at the other; there was a shutter, and iron bar across; the nails were drawn out of the wood; it appeared to be done without much difficulty; it was wrenched off; it appeared that the square was broke in order to lift up the sash which I found up in the morning; I immediately gave information to the officer in the morning, and two of the prisoners were taken; we found two casks on one Moses Levy ; I cannot swear to the casks; they only came in on Saturday in the afternoon.

Did the casks belong to you, or the distiller? - They did belong to the distiller, but I suppose he will charge me with them of course.

Is there any body that can identify these casks? - No, there is the distiller's name upon them, but they have various casks, and they send out many of them.

- STAMP sworn.

I am clerk to Mr. Woollaston, distiller, at Holborn-bridge; I remember on the 29th of December, Mr. Watson ordered a parcel of goods; and on the 30th of December, I executed the order, and sent them to him.

What were those goods? - They were different sorts of goods; two gallons of cordial wormwood; there was anniseed and peppermint; they were in two gallon casks, and one five gallon cask of geneva; there were two gallons of raspberry, and two gallons of bitters; the casks were marked; I should know my own mark; I have seen them produced at Mr. Wilmot's office by one of the men, named Armstrong; I cannot identify that they were the same casks, but they were some casks marked with the same mark that I sent out that very day; I saw them on the Tuesday following as I believe; I cannot say they were the same casks.

Do you believe it? - I cannot say; because we sent out the same sort of casks, with the same sort of liquor that day.

Do you, or do you not believe, that they were casks that came from your house? - Yes, and they contained wormwood and bitters; one of the casks contained peppermint, but of that the mark was defaced.

JAMES SHAKESHAFT sworn.

I am an officer; on Sunday, Mr. Watson sent a note to me, informing me, his house was broke open in the night, and begged I would endeavour to get the people; a little after I received information

against one John Mash ; I and another officer went to his lodgings in Rose-lane, Spital fields; we went up stairs, he was in bed; we took him to the office; there we secured him; then we went in further quest of some more of them; going along we received a further information against the prisoner Barker; we went to his lodgings, and he was just getting up; that was about twelve; we told him we had information against him, and we took him to Shoreditch watch-house; we then went to fetch the prisoner Mash, that we had left locked up at the office, and took him to Shoreditch watch-house; we got Harper to lock Armstrong and me in the watch-house in order that we might over-hear some conversation between the prisoners, who were in two separate cages which very near; the prisoner Barker says to Mash, who is that, you Jack.

Court. Was it in the dark? - It was quite dark; there was a window, but we shut the window to, that they might not see; the prisoner Barker says to Mash, Jack, are you there, is it you; I hope you have not been a saying nothing? no, says Mash, I am not such a fool as that, they will get nothing out of me; they told me, they had got you, but I would not believe them; he said, that we had told him that somebody had seen them on the spot that night; this prisoner Barker said, sure that person could not watch us; Mash told him, mind, when you go before the Magistrate, we must deny knowing each other; and says he, do not own to nothing, for there is nothing to affect us, for you must not mind what they say; there was a great deal more discourse that I cannot recollect; then Harper came and opened the watch-house, then Armstrong and me came out, and spoke to Harper, for we had heard every thing but where the liquor was sold; and we were locked in again; then Mash says to the prisoner, d - n you, what do you think of it now? he said, I hope they have got the weeds out of the way.

Court. What did they mean by weeds? - That is the goods that were stolen; Mash said, they had had time enough to get it out of the way; you have no occasion to fear nothing now.

What was there between the place in which you were and the place in which the prisoners were? - A door, and there was likewise bars that looked into the place where we were; we were set down in the watch-house.

Could you hear distinctly what passed in the rooms where the prisoner and Mash were? - I could hear distinctly every word they said; we went and searched the house of Mr. Levy, in Frying-pan-alley, Petticoat-lane.

How came you to search that house? - By what we told Harper when he locked us in again; he spoke to the prisoner, and said, Harper and Armstrong are gone to search such a house after the liquor; we suspected it was there; I searched the house, seeing a stone bottle, I took it up, and smelt it, and says I, here is some raspberry; there was very little liquor there; we found nothing else; then Levy was sent for; we told him, we had two such people in custody, and had heard such discourse from them that we were sure he had bought the liquor; he said, he could say nothing to it that night, he would come up to the Magistrate in the morning; this was about eight at night; accordingly on the Monday, he came up to the Magistrate; he produced one cask on the Monday morning, and I think the next he produced was on the Wednesday morning; then he brought another.

Did he produce any more? - No, only the two.

Did you search to know what had been in these casks? - There is one that we smelt that had bitters in it; the other had peppermint; there are the marks on the casks; the prisoners were under two or three examinations; they were locked up; the prisoner Barker wanted to come out, and said, he wanted to be admitted an evidence; we told him, we could say nothing

to it; there was a Magistrate there, and he must go and speak to him; accordingly we took him before the Magistrate, and he told the Magistrate he wanted to be admitted an evidence.

Did the Magistrate consent to have him as an evidence? - He did not.

Did he tell him he would not? - He told him he would not; he made him no promises; he said, he and Mash were drinking at the King's head, in Spital-fields, on the Saturday night, and Mash and the other asked him to go and do a little job with them; he asked them what? and they told him, to get into a house where they could get some liquors; he says, they all three went, and Mash and the other broke open the house, which he said was the Eagle and Child; he said, he and Mash and the other broke open the house, by breaking open the window shutter, and they got in at the window; he said, that he stood a little distance from the house, and they put out the casks at the window; he said, then each of them took their part and took them away; I think he said, there were eight casks; I cannot recollect whether he said, where he carried them; then he said, they went and drank at a public house in Shoreditch; I think it is the Star and Garter, facing Shoreditch church, till about six, and then they took the casks to Mr. Levy, and sold the liquor.

Prisoner. Several things that he has said are wrong.

JOHN ARMSTRONG sworn.

On the 30th of December I received information, and went to the house of Mash, the evidence, in Rose-lane, Spital-fields, and apprehended him, about twelve in the day; I took him out of bed; we locked him up; and went to a place in Webb's-square, and there we apprehended the prisoner Barker, and took him to Shoreditch watch-house; we locked him and Mash in our watch-house, in separate cages; after that, Shakeshaft and I were in the watch-house, and we over-heard the conversation of the prisoner and Mash; we were in the dark about three quarters of an hour; the conversation was from Barker to Mash; Mash, says he, you have not said any things, says he, I hope, Moushe Pop has got the weeds out of the way; then Harper told the prisoner we were gone to Moushe pop's house; they then repeated, says they, sure, we did not mention Moushe Pop, (that is Levy,) and they heard us; we went there, and smelt one cask with rasberry; he returned in about half an hour; we told him our business; he said, he would come up in the morning; he there produced one cask; I believe the Magistrate informed him, that he was well persuaded he had all the property, and he would have it; on the second examination, he produced another; he had the prisoners brought in before him, and the receiver knew nothing of Mash; he knew Barker perfectly well, as being one; Alderman Townsend attended the examination; the receiver was brought in and Barker and Mash; Barker desired to be admitted an evidence; and there he told the whole of the transaction; he told him that he and Mash, and another person committed the robbery; that they took eight casks of liquor, and carried them to the house of Mr. Levy, up one pair of stairs; that Levy and his wife were both there; and that they received, or was to receive, I believe it was twenty-six shillings or twenty-four shillings, I cannot positively say which; that he and the other person which is not in custody, took their share, but Mash's money was to be called for; I believe the other person's name was Woolton; the Justice informed Barker, that whatever he chose to say, he would hear, but he would grant him no promises.

Are you a pretty vigilant officer? - I try to execute every information that comes; it was out of our power to bring Levy, because he entered into recognizance before the Magistrate to surrender; we never knew that we had any power to bring him as he was out upon bail; I know his house of

abode; I saw him on Monday; he gave the prosecutor notice of the trial.

JOHN MASH sworn.

I live in Rose-lane, Spital-fields; on the 30th of December, the Saturday night, I went out to get myself a pint or two of beer at the King's Head, the corner of Spital-fields, where I fell in company with Charles Barker , and Charles Newton .

Where does Newton live? - I do not know where he lives I am sure.

I suppose you are admitted as a witness for the crown, and therefore I will tell beforehand, that you must tell the whole truth? - I desire to tell nothing else; I never knew where he lived; I have been acquainted with him about three or four months by seeing him; I never knew any more of him; we fell in company drinking; it was about half after twelve; and the prisoner Barker says Jack, I will tell you where you may get some money; I said where; and he said if I went with him he would shew me; with that, Charles Barkers , and Charles Newton , and myself, we all went into the King's-head; it was about half after twelve as nigh as I can guess; we went down a place called the Ass-park, which took us to the Eagle and Child, and Barker said this is the place, if we can get in at this window we can get some liquor out here; with that, Charles Newton went about half a dozen yards round the corner, and he produced a piece of iron, and he put it into the window, and wrenched the bar off; we wrenched open the window, and shoved it up; we pulled the shutter open, and then opened the casement; it was a shoving up casement; we broke one pane of glass, and Charles Newton and myself got in, Barker stood on the outside; and we handed him out eight cags of liquor; they put them under the wall right fronting the window; then we both came out, and we shoved to the shutter, and pulled down the window; we each took one, and took them to Charles Barker's room; then we returned back again; each took another, and took them to Charles Barker 's room; then we returned the third time, and Charles Barker took one, and Newton took the other, and I took never a one; and Charles Barker 's wife, or a woman that he lived with, struck a light, and we opened them to see what there were in them; some had anniseed, some peppermint, one raspberry, the other had bitters; then we corked them up again, and we said we would go and take a walk round about till it was time to carry them where we should sell them; we walked up and down Shoreditch, and Bishopsgate-street; we had some beer till half after six; then we returned to Charles Barker 's room again, and said, now we will take them to Moushe Pop's, or Mr. Levy's, which his name is; we each took one; we knocked at the door; Mr. Levy put his head out of the window, and said who is there? we said here is one, and his maid came down directly, and let us in, and said, go up one pair of stairs, my master and mistress are in bed; we went up stairs, we were all three together, and we left them there.

Are these two of the casks? - They are of the same size; I cannot swear they are the same; there were eight of them.

Court to Watson. What is the sign of the house you keep? - The Eagle and Child.

Do you know at all from the look of these casks, whether they are the same that you lost? - I observed after they came in, that some of them were new, and these casks are new ones, and these have had the same sort of liquor; I believe they are the same sort.

Court to Stamp. Look at these casks? - They came from our house.

PRISONER's DEFENCE.

I got up to work in the morning, and being over tired, I went to the King's-head, and got a pint of beer to my supper, and my uncle and cousin were at the club, and desired me to stop; this might be eleven, or a quarter after; my uncle and cousin came down and went home; I did so, and went to bed; on Sunday morning

I got up about seven, and took a walk to my cousin's garden, and I came home, and laid down till dinner was ready, and this gentleman came up and took me; I know no more of it than a child unborn. I believe my witnesses are come.

The prisoner called two witnesses to his character.

GUILTY , Death .

Jury. We wish to recommend him to mercy.

Court. On what ground? - Respecting the casks, the property not being absolutely identified.

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

Reference Number: t17870221-20

256. JOSEPH MULLAGAN and JAMES COLEMAN were indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Stokes , about the hour of six in the night, on the 28th of January last, and burglariously stealing therein, one pair of copper scales, value 1 s. one blanket, value 1 s. and one sheet, value 1 s. the property of the said Joseph Stokes .

SARAH STOKES sworn.

I live in St. Catherine's ; I never saw the prisoners till I saw them at the office; I went out on the 28th of January, about six in the evening, I left the door and window fast; when I returned, I found the door locked, and the kitchen window open at the front of the house; it was a casement; they broke the window by taking a pane of glass out; I went up stairs; the first thing I missed was a large looking glass, not in the indictment, one blanket and sheet, and a pair of copper scales; I saw the things the next day in the officer's hands, at the office in East Smithfield.

Prisoner. Ask the prosecutrix if that pane of glass was not taken out some days before, when she was locked out? - It was put in again as fast as before.

How long was she out of the house? - About an hour.

WILLIAM BAKER sworn.

Have you been in custody? - No, my Lord.

How old are you? - Fifteen; I was going of an errand last Sunday was three weeks, and I saw the two prisoners go up the court, and another with them, and I knew they did not live there; and I stood up against the window, and I saw Coleman cut out a pane of glass, put in his hand, and open the window; then Joe Mullagan got in at the window, and handed out a pair of scales, and a blanket, and gave it to Coleman, and he gave it to the third.

How long was this about? - About a quarter of an hour; then they ran away, and I run after them, but could not overtake them.

How far was you from the house? - Five yards; they could see me.

Did you tell any body of this? - Yes, I told the officer, Peter Mayne , who belongs to the office in East Smithfield.

Jury. Did you know the prisoners before? - Yes, Mullagan I have seen him in the neighbourhood; he lived thereabouts; I have never been a witness before, nor a prisoner in this court.

PETER MAYNE sworn.

I belong to the public office, East Smithfield; on Sunday, the 28th of January, I was in company with two more of our officers, and we were informed by the last witness, William Baker , that three men had broke open a house in St. Catherine's, and gave us a description of them, and we went to the King's Arms, Saltpetre-bank, where we took Coleman; then we went up the back lane after the other two, and I saw Israel, and asked him whether he had bought any thing just now; he said, yes, I have bought these scales.

(The things deposed to.)

Mayne. I received the scales from Israel, and the sheet and blanket from Mrs.

Chamber lane, who lives the next door to Israel.

ISAAC ISRAEL sworn.

Where do you live? - I live in Cable-street; I bought these scales of one Halsey and Coleman, for 1 s. on the 28th of January; I know nothing more; they would have fetched 2 s. if they were well cleaned.

Court. Did you ask him how they come by them? - No my Lord; they were very old things, I did not know Coleman, but by his name.

Ann Chamberlane called on her recognizance, and did not appear.

PRISONER COLEMAN'S DEFENCE.

I do not know the other prisoner; I never saw him before in my life.

PRISONER MULLAGAN'S DEFENCE.

I belong to the Deptford Greenlandman; I was coming home through Rotherhithe, to Iron-gate, and coming along Tower-hill; I saw Halsey with a pair of scales in his hands, he asked me to take a walk with him into Rosemary-lane to sell them; I said I would not; I went past him, and was taken.

JOSEPH MULLAGAN , JAMES COLEMAN ,

GUILTY , Death .

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

Reference Number: t17870221-21

257. DAVID INGRAHAM was indicted for feloniously stealing, on the 26th of January last, one linen handkerchief, 12 d. the property of John Crooke .

JOHN CROOKE sworn.

On the 26th of January, about eight at night, I was going down Chancery-lane , and I felt somebody at my handkerchief; I turned round, and said you have got my handkerchief; I pursued the prisoner, and took him, and found the handkerchief under the flap of his coat.

JOHN SCHONFIELD sworn.

I am a constable; I took charge of the prisoner, and took him to the watch-house.

Court to Crooke. Did you drop the handkerchief? - I did not.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870221-22

258. JAMES BAKER was indicted for stealing, on the 23d of January last, two pounds weight of sugar, value 10 d. the property of certain persons unknown.

John Hunter saw the prisoner taking the sugar.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870221-23

259. THOMAS PETRIE was indicted for stealing, on the 29th of January last, one leather pormanteau, value 5 s. six linen shirts, value 6 s. six linen crayats, value 3 s. six handkerchiefs; value 3 s. one pair of silk breeches, value 5 s. and six pair of thread stockings, value 6 s. the property of Richard Foley .

RICHARD FOLEY sworn.

I lost my portmanteau in Pall-mall ; on Monday, the 29th of January, about six in the evening, coming into town rather slowly on the stones, I saw it at the last stage, I was alarmed by Mr. Canes, who was with me; I jumped out of the chaise, and cried out stop thief, and Isaac Lee brought the prisoner back.

- CANES sworn.

I was in the chaise; I perceived a man at the carriage, between the hind and the fore wheels; it was between six and seven in the evening; the portmanteau was on the chaise; it vanished all at once; I called out of the window, and saw the prisoner hanging by the perch; he had a dark brown coat on, and the portmanteau on his shoulder; he slipped it off, and made off; I had such opportunity of observing him, that I recognized his figure at once.

ISAAC LEE sworn.

I saw the prisoner coming from the chaise, and something dropped from his shoulder; I took him, he never was out sight.

- MIDDLETON sworn.

The straps of the portmanteau were cut in two.

(The things produced and deposed to.)

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-24

260. JOHN HENRY AIKLES was indicted for feloniously returning from transportation, and being found at large, on the 27th day of January , without any lawful cause .

(The record read, and examined by Mr. Knowlys.)

CHARLES JEALOUS sworn.

Do you know the prisoner? - Yes, my Lord; the time he was taken up before for being at large, he was acquitted, and was ordered to his former sentence; he had received a conditional pardon, and was ordered to quit the kingdom in fourteen days: I took him on the 27th of January last, in Windmill-street , at one Edmunds's, a cheesemonger.

JOHN OWEN sworn.

I know the prisoner; he was tried here in January sessions, 1784.

(Conditional pardon read.)

Prisoner. My Lord, I did not know my time was out till the day before I was taken, which was the 27th January; I call on Mr. Garforth's clerk.

HUGH CRAWFORD sworn.

All I know is, that Mr. Scudmore was tricked out of four notes, for two hundred and fifty pounds each, to the amount of one thousand pounds; an action was brought against Mr. Scudmore for one of the bills; Mr. Garforth defended the action for Mr. Scudmore; and pending the suit, two of the parties became bankrupts: a bill was filed in the court of Exchequer, for an injunction to stop the proceedings; Aikles was subpoened while in Newgate, when he said he could make a discovery of the whole fraud; he then wanted his time to be enlarged; application was made, and I believe his time was enlarged; Mr. Garforth understood his time was enlarged.

Court. When was this, you do not mention any time? - I do not recollect the time, it was the last time he was discharged out of Newgate. My Lord, I have one thing more to say the prisoner applied several times to Mr. Garforth to have a hearing, and to know whether his time was enlarged, but Mr. Garforth was very busy at the House of Common upon a petition.

JAMES ARMSTONG sworn.

About December, we had a warrant at the prisoner's suit for two thousand pounds, against one Knight: It was to get up some bills that a gentleman was swindled out of, and we understood the prisoner's time was enlarged; Aikles took every pains to apprehend Knight, but we could not find him, therefore the warrant was never executed; I understood the prisoner's time was enlarged.

Prisoner. Mr. Garforth assured me he had wrote to Lord Sydney, but had received no answer, nor did not expect any, and doubted not but the business was done, and that he thought I was very safe.

NOT GUILTY .

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

Reference Number: t17870221-25

162. JOHN EDWARDS and WILLIAM EDSELL were indicted for stealing, on the 1st of February , two shirts, value 5 s. and one handkerchief, value 3 s. the property of John Oglevie Dolman .

JOHN OGLEVIE DOLMAN sworn.

I live at Chelsea; on the first of February, about four in the afternoon, I lost two shirts, and a handkerchief, in the King's-road ; they were hanging out to dry.

When did you see them again? - At Justice Hyde's office, and the prisoners at the bar were then in custody.

Do you know of your own knowledge of the prisoners taking the things? - No, I went to my washer woman's, and found her much confused, she said she had been robbed, and had lost some of my property; I immediately went to Justice Read's, and informed him I was the person who had lost the property, which was then in possession of the constable; the next day I saw the linen at Justice Hyde's.

MARGARET WALKER sworn.

The first Thursday in this month I hung the linen out to dry, a shift of mine, and a shirt of my master's; I hung them out in the garden about ten in the morning;

the prisoners took them off the line, and tied them up in a bundle, and ran away.

When did you see the things? - About two days after at the Justice's.

WILLIAM WISE sworn.

I live at Chelsea; on the 1st of February, I was going out with my milk in the afternoon, a little girl was standing at the door, and said a man and boy had run away with all her mammy's linen; I followed them; I lost sight of them in a very short time; I asked a woman if she saw which way they went; she said down that yard; I went to the necessary, and found Edsell in the necessary, and gave him to a soldier while I pursued the other, and took him, and about two yards from him, there lay a ruffled shirt.

Court. Did you see it drop from him? - No, I asked him whose shirt that was; he said it was his own; I asked him how he came by it; he said a boy dropped it, and he picked it up; I took him to the other boy, and he said that boy Edselle dropped the shirt, and he picked it up.

Court. What became of the shirt? - I gave it to the washer-woman; her name is Lange; the boys were running.

MARY LANGE sworn.

I live in the King's-road, Chelsea; my husband is a hair-dresser; on the 1st of February, I washed some things, and hung them out to dry.

What did you hang out? - Two ruffled shirts, and a handkerchief of Mr. Dolman's.

What time did you hang them out? - About half after two in the afternoon.

Was there any thing else hanging in the garden? - Yes, some linen belonging to Mrs. Walker; I missed the things between three and four; my little girl came and alarmed me, and I came down and alarmed the neighbours; and Mr. Wise was coming by, and I begged him to run after the boys, which he did.

Did you see the boys, the prisoners? - They were running as hard as they could, Mr. Wise and I pursued them, and they run into Castle-yard, Mr. Bates's yard; we caught the prisoner Edsell in the yard, and found nothing upon him, and brought him out of the yard, and gave him to Winterbottom; then Wise went after the other in Castle-yard, and found him between two casks, and took him, and saw the shirt behind the rain water tub; he was standing with his back against the shirt; Mr. Wise asked Edwards if he knew any thing of the shirt; he first said he found it, then he said he had it from the boy Edsell; when Wise brought out the prisoner Edwards into the road where Edsell was, he said that was the boy he had the shirt from.

What became of the shirt? - A little boy went and fetched the shirt from behind the water-tub, and gave it to Wise, and Wise gave it to me; I kept the shirt in my apron till we came to the constable, then the bundle was brought with two shirts and shift, and handkerchief, to me at the constable's house by a man, Serjeant Sutherland, who is here; I opened the bundle, I found the other shirt ruffled, and handkerchief.

Did you know the shirt? - Yes, it belonged to Mr. Dolman, and a shirt belonging to my lord lord, and a pocket handkerchief is Mr. Dolman's.

Court. Was this shirt hanging in the garden at the same time with the other? - Yes.

What else was in the bundle? - A shift of Margaret Walker 's; I saw it hanging in the garden at the same time; the line which the things hung upon was cut or broke down; a bit of it was in the bundle.

(The linen produced.)

JOHN WINTERBOTTOM sworn.

On the first day of this month; between three and four, in the King's-road Chelsea, a little girl informed me two boys had ran away with her mamma's linen: I saw the prisoners at some distance; I pursued them, and found I could not overtake them; I called out stop thief; there was a woman washing; I asked her if she saw two

boys go through the yard; yes, she said, one of them is gone into the necessary; Wise took him out and gave him in charge, while he went after Edwards, and presently he brought him back with a wet ruffled shirt.

JOHN SUTHERLAND sworn.

I was in Turk's-row near four o'clock, and I heard the cry of stop thief; I did not see the prisoners till Wise had taken them and brought them back; I was returning home, and I saw this bundle up a gateway thrown over a fence into the yard where the prisoners were taken; Mrs. Huntingdon took it up, and gave it me; and I took it to the constable's house, and gave it him; as I thought it belonged to Mrs. Lange, and she opened it, and said, the things were her's; it was given to me again at the Justice's, and has been in my custody ever since.

Court. What was in the bundle? - Two shirts, a handkerchief, and a woman's smock.

Did the prisoners pass by where this bundle was picked up? - Yes, they went through the same yard.

(The things produced.)

Court to Margaret Walker . Look among those things, and see if there is any of your property there? - This is my shift, and my master's shirt.

What is your master's name? - His name is Nevitt; my master's shirt is marked with the initials.

Court. Mrs. Lange, look at that bundle and see if you know any of those things? - The two shirts are Mr. Dolman's and the handkerchief is his.

The other shirt and handkerchief was in the bundle when you opened it? - Yes.

Then you put the shirt that Wise brought you into the same bundle? - Yes.

PRISONER EDWARDS'S DEFENCE.

I never saw the things till they were brought here: I know nothing of them.

Court. Is the piece of line in the bundle? - Yes, my Lord.

WILLIAM EDSELL 'S DEFENCE.

I had been at Wandsworth of an errand for my father, on coming back, I went into the necessary to ease myself; Mr. Wise came and took me; I never saw Edwards before in my life; I know nothing of him.

JOHN EDWARDS, WILLIAM EDSELL ,

GUILTY .

Each to be transported for seven years .

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

Reference Number: t17870221-26

262. JOHN PARKER and GEORGE MULLINS were indicted for stealing, on the 2d of February, twenty-seven sacks of coals, value 50 s. the property of John Townsend and William Rendeau .

WILLIAM RENDEAU sworn.

I only know the prisoners at the bar were employed by me and my partner to carry coals to Messrs. Pycroft and Co. on the 2d of February.

THOMAS DAWSON sworn.

I am clerk to Messrs. Townsend and Rendeau; I received orders to send ten chaldron of coals to Messrs. Pycroft and Co. Whitechapel, sugar refiners; I sent five chaldron of coals; they were sent in two waggons, and a cart; the tickets were marked No. 1, 2, 3; and in the afternoon I sent the other five chaldron; the tickets were marked 4, 5, 6; John Parker came home at seven in the evening, with his empty carriage.

A WITNESS sworn.

I am clerk to Messrs. Pycroft and Co. the prisoner Mullins put a paper in at the compting-house window; I was in the compting-house at the same time; when I took it up there were two tickets; after that Mullins delivered eighteen sacks of coals; I thought the twenty-seven sacks of

coals of the ticket No. 6 was to follow him directly; I waited in the compting-house till a quarter before six; and then shut the compting-house.

John Parker . Did not I deliver my own ticket? - No, you did not; when I went out of the yard the gate was shut, therefore Parker never delivered his twenty-seven sacks of coals.

SAMUEL ILLS sworn.

I live at Pycroft's and Co. I am boiler there; we had some coals in the afternoon, on the 2d of February, there came a waggon and cart with two chaldron; that was all that came in the afternoon; there came no more coals that afternoon; I left work at six o'clock.

Prisoner. How many coals were brought that afternoon? - There was no more than one waggon, and one cart.

HENRY PYNE sworn.

On the 2d of this month I was housekeeper to Messrs. Pycroft and Co. from three o'clock till ten; I only saw one waggon and one cart.

Prosecutor. I was going up Broad-street Buildings; I saw Parker, and I seized him directly, and expostulated with him, and begged him to inform me what he had done with the twenty-seven sacks of coals; he persisted he knew nothing of it; on Monday I apprehended him, and took him before the Justice; and on Tuesday morning he signed the confession; I told Parker that I thought his life would be in great danger if he did not give a full discovery what he had done with the coals.

PRISONER PARKER'S DEFENCE.

I took a load of coals the next morning to the same place, none of these persons saw me; and one of the men asked me, if I had delivered my ticket, I told him, yes.

PRISONER MULLINS'S DEFENCE.

I was trusted with eighteen sacks of coals which I delivered, and the ticket; I never saw Parker that day, nor the next, nor till I was taken up.

THOMAS NASH sworn.

I know the prisoner Mullins ever since he has been in London; he lived with Mr. Winnells upwards of three years; he left us on account of Winnells quitting business; we had a very good character from the churchwardens of the place where he came from.

Jury, to Thomas Dawson . When you delivered the tickets No. 5 and 6, did you deliver them together or separate? - I delivered No. 5, containing eighteen sacks to Mullins, and No. 6, to John Parker , containing twenty-seven sacks.

Mr. Rendeau. George Mullins has been employed by us between two and three years; I have every reason in the world to believe he was a very sober, diligent, honest man; he has been made a dupe of by the other, by being persuaded to deliver the two tickets No. 5 and 6 together; he delivered his own cargo of coals very honestly and justly.

The prisoner Parker called one witness to his character.

JOHN PARKER , GUILTY .

Whipped .

GEORGE MULLINS , NOT GUILTY .

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

Reference Number: t17870221-27

263. DANIEL BRIAN was indicted for feloniously stealing, on the 7th of February , one breakfast cloth, value 1 s. fourteen shifts, value 30 s. one white quilted petticoat, value 3 s. one flannel petticoat, value 1 s. one pair of stays, value 1 s. one cotton gown, value 10 s. a frock, value 2 s. two other frocks, value 5 s. two other frocks, value 2 s. three pair of stockings, value 1 s. three pair of sleeves, value 1 s. the property of Susannah Walker , in her dwelling house .

SUSANNAH WALKER sworn.

I live at Clapton ; I keep a boarding-school

for ladies there; on the 7th of February I lost the things mentioned in the indictment.

(Looks at the inventory.)

When did you write that inventory? - Two or three days after the robbery.

(The things enumerated.)

Court. From what part of the dwelling house did you lose them? - From the hall, about one o'clock in the afternoon; they were linen put up for the washerwoman; I had not seen them myself that day: I never saw the prisoner till at the public office.

JANE PROCTER sworn.

I live with Mrs. Walker, as a servant; on the 7th of this month, some linen was taken from the hall; I saw them, flung down stairs into the hall, about one o'clock that day; I saw an account taken of them; and I know the particulars contained in the inventory were put in the bundle, and were the same as Mrs. Walker has mentioned; I saw them at Justice Wilmot's office; I opened the bundle there, and saw they were the things that were lost: I know nothing of the prisoner.

WILLIAM STYLES sworn.

I am a brick-maker; I was at work; and two young men came through the brickfield, one had a bundle under his arm; seeing something white under his arm, I thought it was an apron; it was between two and three o'clock on Wednesday 7th of February; they were going towards Haggerston; we thought if we run after them they would run away, but we did run after them; and I took one of them by the collar; the other got the bundle; the prisoner came up the same lane to their assistance; he came up the same lane, and I ran past him; while I was disputing with the man I had hold of, the prisoner said, Jack, what is the matter? come across the road and give me the bundle, I will not be stopped, nor go back for any one; the prisoner said, Jack, go and fetch your mother, for these things are for her to wash; then we detained the prisoner at the officer's house at the Black Bull, at Haggerston, and the bundle; and in the evening we went to the Justice's.

Court. The prisoner was not one of the first two? - No.

Did you see Mrs. Proctor that night? - Not that night; the prisoner was committed that night; I did not see Mrs. Proctor till the Monday following.

THOMAS WILKINS sworn.

There were nine of us working in the field for Mr. Samuel Scott ; on Wednesday the 7th of February, between two and three, I saw two men coming across the field; and up the lane I saw something white like an apron, which was a large bundle under the arm of one of them; and we pursued them up the lane with the bundle; the last witness took the man that had the bundle, and the others ran away; then the prisoner came up the same lane, to assist in the lane where the other was stopped; the prisoner says, Jack, what is the matter? come over the road, and give me the bundle, I will not be stopped by any body; the things are your mother's, and are going to be washed; he went to fetch his mother, but he never returned again; we took the prisoner and the bundle to Mr. Davis, at the Bull, at Haggerston, and then to the Justice's with the bundle.

When was you before the Justice? - On the Saturday, but nobody was sitting; then we went on the Monday morning, and then I saw Mrs. Walker; I never saw the prisoner, or the other lads before.

(The things produced and deposed to.)

- ARMSTRONG sworn.

Count. You are one of Mr. Wilmot's men? - Yes.

Do you remember the prisoner being brought to the office? - I did; I saw the

prisoner and Mr. Davis going to the office in the morning, and in the evening of the 7th of February, which was Wednesday, when I came to the office the things were opened, and the Justice ordered me to take care of them, and I have had them ever since under lock and key.

Mrs. Walker. I looked over the things in the parlour at the Justice's; I knew them to be my property.

Jane Proctor . I looked over the things and know them to be Mrs. Walker's property.

Armstrong. I saw the prisoner and others near Shoreditch church this same day the robbery was committed in company; and there was another that I knew well; they were going towards Hackney-road; I saw the prisoner in the evening at Mr. Wilmot's office, and the things were there also; they laid open in the office; when I came the Magistrate took the marks, and they were advertised; and the lady came, and she owned them.

Court. Did you see the linen in that bundle put up in the presence of Davis? - Yes, I have had it ever since under lock and key; they were looked over by the lady and the maid; I was not present; it was requested that nobody but the ladies might be in the parlour; they were delivered back to me in about a quarter of an hour after.

Court to Wilkins. Davis opened the bundle in his own house? - Yes.

Court to Mrs. Walker. Do you remember this bundle being taken into the parlour? - Yes, it was brought in by the officer; I opened the bundle and looked over the things, and I believe them to be my property.

Mrs. Proctor. I was present in the parlour, and know the things.

Court. When you had looked them over were they put in again? - Yes, they were tied up again; all those that I looked at; Armstrong had the bundle.

PRISONER's DEFENCE.

I was going across the field, and two men were coming past; I thought I knew one of them, and I saw these three men run after them; I ran up to see what was the matter; I said, Jack, what is the matter? he said, he had some things to take to a washerwoman for his mother, and these men would not let him; and I said, I will take care of the things while you fetch your mother; he went away, and never returned; and they kept me.

The prisoner called one witness to his character.

GUILTY , Death .

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

Reference Number: t17870221-28

264. JOHN PERKINS was indicted for stealing, on the 18th of January last, twenty-two copper halfpence, value 11 d. the property of Thomas Stock and Joseph Cooper .

GUILTY .

To be privately whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870221-29

265. WILLIAM DROYRE and MARGARET DROYRE , his Wife , were indicted for that they, on the 5th of February last, one piece of base coin, resembling the current silver coin of this kingdom, called a sixpence, falsely and traiterously did colour, against the peace .

Another count, For colouring on the same day, one round blank, of base metal, of fit size to be coined in the form of a sixpence.

(The witnesses examined apart.)

JOHN BEAMISH sworn.

I attend the office in Hyde-street, Bloomsbury; I went with Freeman and Treadway and Meecham; on Monday, the 5th of this month, information was

given of some coining; and I went to the house of Mr. Wrinkle, Hampshire-hog-yard, St. Giles's , between three and four in the afternoon; when I came to the door, where I was informed the people were at work in the one pair of stairs, I went up a few stairs on the second flight of stairs; thinking to look over the door, but I was rather too short; I could not see over the door; and Freeman looked over the door; and I came down these stairs again, and found a round hole over the keyhole; and I looked through that, and I observed William Droyre sitting on the side of a bedstead near the fire.

That is the husband, is it? - The husband, my Lord; I looked for the space of a couple of minutes, and I observed him rubbing something with his right thumb; I then drew back from the door, and told Treadway to look through the place, and while Treadway was looking through the hole, Freeman made a motion to me to break the door open; just as I was going to break the door open, the prisoner Margaret Droyre was on the right hand, sitting in a little low chair, opposite the man.

Did you see her when you looked through? - Yes, and as I was going to break the door, the woman came and opened it.

How did you see that? - Because I rushed in directly, and she was behind the door; I ran in directly and the man was sitting on the side of the bed; I threw him backwards on the bed; he attempted to run something into his pockets, or into his breeches; I cannot tell which; Treadway ran up to my assistance, and held his right arm, and Freeman came and took something out of his right hand; in the struggle there was a small cup, or a small gallipot, with some stuff in it, which stood in the chimney corner, next his left hand, which the prisoner knocked down; I then tied him, and took him away from the bedstead; there were three beds in the room, and I sat him down on one, which he said was his own, and the others, that is Freeman, Meecham, and Treadway, searched the room.

Prisoner William. Did you see any thing in my hands? - I did not observe any thing in his hands when I broke in; Freeman will inform you of that.

JACOB FREEMAN sworn.

I went in company with Beamish, Treadway, and Meecham, to the house in Hampshire-hog-yard, St. Giles's; between the hours of three and four, to the house of Mr. Wrinkle, upon information; I went to the room door of the two prisoners; Beamish got upon the second flight of stairs, observing the crevice where the light came through on the top of the door; I observed him rather short, and pulled him by the coat, and got up myself; I looked over the door, and I observed the prisoner William; I could see with my eye at the top of the door; but I forced it a little, and had a better view; I saw him sitting on the side of a bed on the right side of the fire place; he was on my left side; I observed just one half of him, for I could not see his left hand; I saw his right hand move, as if he was at work with something in his hand; at that time Beamish was looking through a hole in the door on one knee; I made a motion to Beamish to assist me in forcing the door a little more open at the top, and with his assistance, I had a further view; I then observed the woman sitting on the other side facing the man, in a chair; I observed a basket by her side; in that interim one of the officers let his stick fall; I then made a motion to have the door bursted open, and just as we were going to burst the door, the door was opened withinside; then Beamish, myself, and Treadway another of the officers, rushed in; Beamish seized the man and threw him across the bed; I observed the man too strong for Beamish, and while I was stooping to pick up some of these articles, I am now going to shew you; I let go the things and seized the prisoner by his right hand, and took out of his right hand this bad sixpence; between his legs was a pitcher of water, which in the struggle he threw down; at that instant, my Lord, the woman was

making her escape; she had got out of the room, and was on the second stair going down stairs; I left the man and pursued her, and brought her back into the room; I observed her rubbing her hands within her apron, and in her apron, I found that. (Another bad sixpence.) Observing the man obstreperous -

Court. I suppose you mean violent? - Yes; I left the woman, and seized hold of him again, and in the struggle he knocked down that cup; that stood withinside the fire place, within about six inches of his knee; it stood atop of the hearth: seeing the cup broke I gathered it up together; there is a composition in it; when the water was thrown down that was in the pitcher, there was a quantity of salt in this paper, and the water fell on the salt, so that I could not gather up the salt; here is the paper; I could not pick it up; I tasted it; on the side of his left foot was this sand; it appears to be common sand, and this stone, and a cork; it is a whetstone, and a common bit of cork, and this sixpence not coloured, and this pair of pliers by his left side, and a file, and this strap, a piece of leather by his feet; we secured the man and tied his hands; and when he got up, I found this small piece of brass which are cuttings; by the side of the woman there was a basket; I asked her if that was her basket; she said, yes, it was her's, there was nothing there but a few pins and a few ballads; I searched it, and found these four sixpences, this bad sixpence, and this brimstone; then I secured her; and Beamish and me took them to the round-house; she desired I would take great care of the things in the basket, for that every thing in the basket was hers, and so I did.

Did she say this after she had seen you take out the things? - Yes; and the man likewise desired I would take care of them, for they were all his; I took him before the Magistrate, and he told the Magistrate the things were all his, before Mr. Clarke.

GEORGE MEECHAM sworn.

I went with Freeman, Beamish and Treadway, to this house in Hampshire-hog-yard; in searching between the bed and sacking, which the prisoner owned be his, I found this piece of brass.

There were three beds in the room, were not there? - Yes, he owned this to be his before he went to the watch-house in my hearing; I found a pair of scissars, a file, which appears to be brassy, a rubber very brassy indeed, and in a bag four square bits of brass cut out; there were five, but I believe one was left at the Justice's; they were not coloured, and some sand in a paper, and a hammer; there were pieces of leather, and things laid up together in a corner, and a piece of rag wet with some stuff upon it; I do not know what it is.

Prisoner. It is a room in which other people lodge.

Is that so? - Yes; but before the Justice he said he found the brass, and the tools in the fields; he said they were his property.

JOHN CLARKE sworn.

I have been employed for these fourteen or fifteen years in his Majesty's mint, for these prosecutions; I have attended this Court near upon twenty years.

Look at all these things, and explain to the Court and Jury the process that has been carried on by people having these things in their custody? - If this composition is discovered in Court, every man will be his own coiner for sixpence; this is a sheet of brass, from which apparently such blanks as these have been cut.

Is that a piece of brass of a size fit to cut blanks to resemble a sixpence? - Not a doubt of it.

These square pieces are cut from that larger one? - Not a doubt of it.

Having made them square, what do they do next? - Cut them round with a pair of scissars, and after having cut them round, they generally use a file in order to take the roughness of the scissars from it;

the file which is produced, had been made use of apparently from the brass upon it; these are squares they afterwards cut round; these round ones have been so cut; then they are filed round the edge; after this, to take off the grease, they rub them either with scowering paper, or with such a rubber as this, which is a piece of leather nailed on wood; this rubber has been used by somebody; the next thing is the colouring, there is one there which has been coloured, but has not been finished; this was the one that was found in the man's hand.

How does that appear, has it been kept separate? - Yes.

Look at these four? - These four have been finished.

When they are in that state is it compleat? - It is compleat for putting off; they were a great deal better when I saw them before, but they lose their whiteness by keeping, and the reason why they lose their whiteness, is on account of the want of silver being mixed with the brass.

Is there any thing produced to you now which will produce the colour of silver upon brass? - Yes.

Is every thing there that has been produced to you, sufficient to transact such business, sufficient to colour blanks to resemble sixpences, or shillings? - Yes.

Court. Do you mean to say then, that among these things found in the prisoner's lodgings, there all were materials, and tools necessary for making counterfeit sixpences and shillings, so as to give it a probable chance of passing for true money? - Not a doubt of it.

REUBEN FLETCHER sworn.

I am one of the moniers of the mint.

Look at these four sixpences? - They are all pieces of base metal; they were none of them made at the mint.

(The whole shewn to the Jury.)

PRISONER WILLIAM'S DEFENCE.

The place that I did lodge in, there is neither a bolt, nor yet a latch to the door; the last that goes out, takes a bit of a padlock, and locks the door, and takes the key down, and hangs it in the kitchen; several people lodge in the same room; there are three beds all occupied, and there was one woman drunk in bed when they came there, that was a ballad singing woman; my wife and I went out to sell some cabbage nets, and white rags, and we were come in about five or six minutes before these men came, and I was putting some coals on the fire; the woman was cleaning some cap pins and hat pins that were made in brass with some sand, and took a basket off the table, and put down there, and she observed that there was somebody at the door; then says I, open the door; I set where I was; there is a window goes up from the stairs; we are obliged to put something against it; my wife opened the door, and that Beamish he forced in, and caught me by the hands; I had nothing in my hand, and dragged me in the middle of the floor, and this Freeman picked up these things, and says he, here is one that is not coloured; says he, you old b - r, this will do for you; and this other fellow here, he was pinning me by the arms, and Beamish took my breeches, and dragged them off; I said I had nothing in my pocket but eighteen-pence that I had taken for the rags, that the Justice desired him to return me, and he took out a nutmeg-grater, and in it there was a locket button, which I found in the country; it might be of the value of sixpence; he took it out, and put it into his waistcoat pocket, and returned it.

Have you any witnesses? - That woman, I asked her before the Justice if ever she knew that I made any such in my life; God knows who left them there, I know nothing of them; as for the woman's moving the basket when that drunken woman's bed was down, there was only a passage to the fire place.

PRISONER MARGARET'S DEFENCE.

I said the basket was mine; this gentleman stripped me, and loosed my petticoats, and shook all my clothes, and that gentleman

never came near me; I never set sight of him till I saw him at the Justice's; I am as clear as the child unborn.

WILLIAM DROYRE , GUILTY , Death .

MARGARET DROYRE , NOT GUILTY .

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

Reference Number: t17870221-30

266. The said MARGARET DROYRE was indicted for coining a sixpence .

There being no further evidence, she was ACQUITTED .

Reference Number: t17870221-31

267. MARY WALKER was indicted for feloniously stealing, on the 29th of January last, twenty linen handkerchiefs, value 30 s. the property of Robert Hincksman , privily in his shop .

RICHARD TWYDALE sworn.

I live in Holborn, with Robert Hincksman ; I am a journeyman, he is a linen draper ; on Monday, the 29th of January, about two o'clock, the prisoner Mary Walker came into our shop, and asked to look at some handkerchiefs; I shewed her some; sixteen different parcels of handkerchiefs.

How came you to shew her so many? - It is common in our shop to shew a great many; she bought two handkerchiefs, and paid for them, and went out of the shop directly; as she was gone out of the shop, I missed two quantities, and I told my young master, Mr. Richard Hincksman , who stood at the door, of it; we went after her, and overtook her in Holborn, about a hundred yards from our shop, and we told her that we missed two quantities of handkerchiefs; we turned up the side of her cloak in the street, and there we saw one parcel under her cloak; we brought her back into the shop.

Did you take these handkerchiefs from her? - Yes, then we brought her back to the shop; I told my master who was in the back shop, he came, and as she came in, she took another parcel from under her cloak, and put it on the counter; then my master took her into the back shop, and I went to look for a constable; and she was taken into custody.

Are the handkerchiefs here? - I left them with a woman that keeps that door yesterday; and about ten o'clock last night two men came in my name, and she gave them to them.

How came you to leave the handkerchiefs with any body? - I was just come out of the gallery, and I left them with her till I came back.

What is the woman's name? - Mrs. Storey.

Court. Before this woman comes, were this parcel of handkerchiefs which you took from under her cloak, any of those that were produced to the prisoner in the shop? - Yes.

That you are sure of? - Yes.

Was the other parcel which the prisoner laid down on the compter, a part of the handkerchiefs which had been produced to her in the shop? - Yes.

How many handkerchiefs did each parcel contain? - One contained twelve, and the other eight.

You took care of these handkerchiefs I suppose? - Yes.

And had them in your possession till what time? - Till last Saturday.

What became of them then? - I left them at the Pitt's-head over the way.

With whom? - With Mrs. Goldspring.

Who is she? - The mistress of the house, till yesterday morning; yesterday I saw them again, that is, I brought them up in the gallery; I went but there in the afternoon about two, and I gave them to the door-keeper to keep till I came back.

You have not got them again? - No.

It is necessary to ask you whether you perceived the prisoner in the shop attempting to secret these handkerchiefs? - No, I did not.

Did you miss them before she went out of the shop? - No, not till after she was gone.

I think you said it was immediately after she was gone? - Yes.

Was any other person in the shop? - No, nobody else.

Mr. Knowlys, Prisoner's Counsel. Pray how long have you lived with your present master? - Four months.

Are they in a great way of business? - Yes.

How many shopmen may they keep? - They keep another now, they only kept me then.

Then I take it they frequently attend in the shop themselves? - Yes.

Very industrious men in that respect? Yes.

You have two shops, a back and front shop? - Yes.

They communicate by glass doors? - Yes.

How many of these gentlemen are there in the business? - Him and his brother; they are not partners, but they are constantly serving in the shop.

This was the time of high business? - No, we had no customers in the shop at that time.

Then I take it as you had no other customer in the shop, your attention must be a good deal directed to this woman? - Yes.

You saw all she did, I take it? - I did not see her take them, nor offer to take them.

What Magistrate did you attend before? - Justice Walker, in Hyde-street.

Were you the only evidence before the Magistrate? - Nobody but me and my master, who came to swear to the property.

Are you quite confident that you did not declare before the Magistrate that you saw the woman take these things? - Yes, I am quite confident I did not say so; I did not see her take them.

You gave immediate information to Mr. Richard? - Yes.

Did you call out your master from the back shop at the same time? - No, Sir, I did not.

Is there any body here beside you and the constable? - My young master is.

Your other master is taking care of the business at home? - Yes.

Did you go with your master to see this poor woman before the Justice, or in prison? - Yes, I went before Mr. Justice Walker.

Your master felt a great deal of pity for her and her two children, one of four years of age, and the other at the breast? - My young master was very sorry for her.

He did not wife to indict her capitally, I believe, if he could have helped it? - No.

MARY STOREY sworn.

Did the last witness deliver you any handkerchiefs? - Yes.

When? - Yesterday in the afternoon; it was one parcel tied up in a handkerchief; I did not know what it was; I am the door-keeper up stairs; he asked me to take them till he came back; a little before ten, two persons came, and said they came from the gentleman that owned them for them; they asked for them, and I gave them to them; they said what they contained, but I did not know what it contained.

RICHARD HINCKSMAN sworn.

I am brother to the prosecutor; I was in the shop when the prisoner came, standing by the door; after she was gone, the boy, the last witness, came and spoke to me; I saw the woman go out; he said he thought he missed some handkerchiefs, upon which I followed her, and he followed also; I told her I wanted to speak to her; I turned her cloak on one side, and took away one quantity of handkerchiefs; I brought her back to the shop, and she threw another quantity upon the counter, but I did not see her do that; that is all I know.

Mr. Knowlys. I believe you are acquainted with the unfortunate situation of this poor woman? - Yes.

You were very much inclined not to indict her capitally if you could have prevented it? - Yes, Sir.

Have you any share in the profits at all? - No.

Are you paid your salary out of the profits? - No, nothing more but the salary.

Court to Twydale. Did you ever send to Mary Storey for this parcel? - No, I never sent any body.

What is the value of each parcel of these handkerchiefs? - One was twenty shillings, and the other nine shillings and four-pence.

Do you know of any person coming for the parcel? - No.

JACOB FREEMAN sworn.

I only took the prisoner into custody.

Prisoner. I leave it to my counsel.

Mr. Knowlys. I submit to the Court, the master not being called who was in the back shop, as there is a communication by a glass partition between one shop and the other, that he might by possibility see the prisoner take the things, which might take off the capital part of the case.

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

GUILTY (of privately stealing) Death .

Tried by the third Middlesex Jury before Mr. Baron THOMPSON .

Reference Number: t17870221-32

268. ANN PARSLEY and PHEBE FLARTY were indicted for feloniously stealing, on the 19th of January last, three muslin shawls, value 30 s. the property of Robert Hincksman , privily in his shop .

RICHARD TWYDALE sworn.

I am shopman to Mr. Robert Hincksman , in Holborn ; I lost some shawls, on Friday, the 19th of January, between one and two; the prisoners came in under a pretence of buying some cotton for a child's frock; I shewed her some, whilst I was shewing her some, one of the girls, the prisoner Ann Parsley , asked the price of some shawls that lay on the counter; I told her half a guinea a-piece; then the other went to the counter, I followed them directly; the shawls were laying on the counter; while I was talking to the prisoner Flarty, I saw the prisoner Parsley steal three shawls, and I saw her put them under her apron; then they went out; when she came to the door, I saw part of the shawl stick out from under her apron; I went out, and took the shawls from under Parsley's apron; the prisoner Flarty went away, I did not take her; I called my master out of the back shop, and told him that she had stolen three shawls; then we sent for a constable, and took her be- before the Magistrate.

When was the other taken? - On Saturday or Monday, I do not know which, the runner took her.

Are you sure the other girl Phebe Flarty was the one that was in the shop? - Yes, I am quite sure of that.

Did they both come together; - Yes, and went out together.

JACOB FREEMAN sworn.

When Parsley was taken, I had information from Twydale of the other person, and I went after her, and she was brought before the Magistrate, and Twydale came and swore to her person.

What is become of the shawls?

Twydale. I went up to the gallery with them, and when I came out again, I gave them to the woman at the door to take care of till I came back; and this morning I asked her for them, and she said that two men last night about ten, came and asked for them in my name, and she gave them to them; I think her name is Mrs. Storey, the door-keeper.

Were they marked? - Yes, Y X; I am sure they were my master's shawls; I took them from the prisoner; they were kept separate; I am sure they were my master's goods; they were worth a guinea and a half.

Prisoners. We have nothing to say.

BOTH GUILTY Of stealing, but not privately .

Each transported for seven years .

Tried by the third Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-33

269. JOHN ROBINSON was indicted for feloniously stealing, on the 16th day of February , one gelding, of a bay colour, price 10 l. 10 s. the property of Philip Mannington , Esq.

PETER FOULGER sworn.

I am coachman to Philip Mannington , Esq; of Harley-street, No. 9; I have lived with him above these two years; on Friday was a week, the 16th of February, the prisoner came to my master's stables.

Did you know him before this time? - Yes, I had seen him in company with Newman when he bought the mare, about a week or ten days before that; he came to Charlotte-mews, West ; my master keeps two coach horses and a saddle horse there; it was about five in the afternoon, he asked me if my master had not a horse to sell, I said yes; he asked the price of it, I told him ten guineas; it was a dark bay gelding that he was asking after; I was standing at the stable door, and he came to the door, and I shewed him the horse; he asked to see it out, I took it out, and shewed it to him; then he asked me to go to my master to know if he would not take less than ten guineas; he would give him nine pounds, and then nine pounds fifteen shillings; he said if I could get it for that, he would give five shillings for myself; I went to tell my master; my master is not here; I came back to the prisoner, and told him my master would not take less than ten guineas; he then asked me to go again, and ask my master if he would abate five shillings out of the ten guineas; I went again, and came back, and overtook the prisoner in New Cavendish-street, and the little boy with him; I told him my master would not take any less; he said my master was very hard with him; he would give him the ten guineas, provided I would take it to the Golden-horse, down Oxford-road, where he said he had two other horses standing; I took the horse there that same evening directly; when I got there, he was going into the tap-room, and a little boy standing in the gateway; he turned round, and took hold of the bridle of the horse, and gave it to this boy, and told me to come in, and he would pay me; this was at the Golden-horse, in Oxford-road.

Whereabouts? - It was just going into the gateway, not quite in, but just going in; he said, come in young man, and I will pay you.

What did he do with the horse? - I do not know, he took hold of the bridle, and gave it to the boy; he said come in, and I will pay you, and I followed him into a back room, and he called for sixpennyworth of brandy and water, and said, sit down my man, I will pay you directly; he asked me if I was hungry, if I would have a bit of bread and butter; I said no, I was not hungry; he said he was very hungry, he had been walking about all day, he would go out and get a plate of bread and butter; he went out for that purpose, but never returned.

Did he produce any money to you in the room? - No.

He talked of paying you? - Yes, he said several times over he would pay me, and desired I would sit down; I never saw him afterwards till we took him.

How long did you wait for him in the room? - Four or five minutes as nigh as I can guess; I then asked in the house if he was there, and they said no; I then went into the yard; I did not find him, nor the horse there; I went into almost all the stables, and there was no such horse there; then I went to Newman's house to enquire for this man; I found the horse the next morning; I saw him coming out of Mr. Newman's stable, between six and seven.

How far is Newman's from the Golden-horse? - It is within a mile.

Jury. It is rather better than a quarter of a mile.

Foulger. Newman was upon the horse; I went to Newman, and took hold of the bridle, and said the horse must not go till he was paid for, for that I had sold him over night to a man, and he had not paid me; he asked me what I meant, and I told him the whole story; Newman refused to let me have him; he rode off with him.

Are you sure that horse you saw with Newman upon it, was your master's horse? - Yes.

Was it a bay gelding? - Yes, it was cropped; my master has had him about a year and a half in my care; I knew him by having him so long under my care.

Is there any thing else by which you can distinguish him? - No, there is no particular marks that I remember, only his colour, and being cropped, and having known him so long; I went to Newman's to enquire for the prisoner, because I had seen him with Newman before.

How long before had you seen him with the prisoner? - About a week or ten days.

Was the horse brought out to you, or did you see him by chance; - I saw Newman come out upon him; I knew him directly.

Did you ever find the prisoner afterwards? - Yes, we took him the Sunday following; I was present when he was taken; he was taken at a public house, near Shepherd's-market.

What did you say to him? - I do not recollect saying any thing to him particular; I told the constable that was the man; I did not mention the horse to him.

Was he given into custody without any conversation about the horse at all? - Yes.

Have you ever had any conversation with the prisoner about it? - No, he said when he got to the watch-house, that he should not have deceived me, if the other had not deceived him.

Tell me the whole conversation? - He said he should not have deceived me, if he had not been deceived by George; by that I understood Newman, I knew his name to be George; the prisoner told me not to be frightened, for he knew how to do business.

What did he mean by that; I do not know; that was what passed, I recollect them words.

Was that the expression, that he knew how to do business? - Yes; I said to him at the public house, I suppose you know me; I unbuttoned my coat to shew him my livery, that I was the same person; he said nothing to that; when I first went in, I did not exactly know him.

Were there many people in the room? - Yes, there were several people in the room.

How came you to know him afterwards? - He came into the room where I was with the constable.

Did you see him in the first room? - Yes, I saw him, and I said I thought it was he; I was not positive of him when I first saw him, but I thought it was him.

Do you think the prisoner saw you in the first room? - Yes, I am sure he saw me, but whether he knew me or not, I do not know; when he came into the second room, I knew him directly; he did not attempt to go away at all.

What may the value of this bay gelding be? - I do not know.

What do you believe to be the value of it? - I cannot exactly tell, I am no great judge of horses.

What would you give for him? - We gave ten pounds, or ten guineas, I cannot say; my master said ten guineas, but I think it was only ten pounds; I know he gave ten pounds; I am sure he gave ten pounds.

Prisoner. Had not you the money tendered down to you? - No, I never received a a halfpenny.

Court. Did he shew you any money? - No, I never saw any money.

Did he offer to pay for the horse? - No, he said he would pay me, he did not make me any tender.

Prisoner. Whether he had not ten guineas tendered down in the watch-house? - No.

Not by any body? - No; Newman put ten guineas down to go out with the constable and me to find Robinson; he left it in the keeper's hands; this was before the prisoner was brought in; the prisoner was not present in the watch-house then.

Did the keeper take that security? - Yes, he took it for a few minutes, and returned it again, as Newman did not go to look for Robinson, but gave us directions where to go for him.

Prisoner. He put it down to pay for the horse, and they wanted a guinea a piece, did not you ask us for a guinea piece that we might both be at liberty? - No, I am sure it was not so.

Did not he offer you half a guinea a piece? - No.

WILLIAM WALKER sworn.

I am an officer in Mary-le-bone; the last witness came to me on Sunday morning to serve a warrant on Newman; I went with him to Newman's house, where he lives, and found him in his own apartments, with his wife; Foulger went in first, I followed him close; the prisoner was not there; I took Newman into custody, and saw no horse; on Sunday night I took the prisoner at the Griffin, in Half-moon-street, near Shepherd's-market; the coachman was with me when we went into the house; there was a lamp, or a light that hung up high, and there were several gentlemen sitting in the box: and the coachman hits me on the elbow, says he, I think that is the man that stands there, so, and so; I believe the prisoner saw the coachman, for reasons that I have; we were going into the other room; the coachman went in; I looked round and saw them moving; I stepped forwards to the door, as they were just going; the prisoner came into the second room where the coachman was; I asked him to step into that room with me; I told him, if you will step into this room with me, I will tell you my business; he said, yes, with all his heart, or something to that meaning; and he came into the room with me; talking a little while before the coachman; at last he says, that is the man, that is your prisoner; says I, my friend, you must go along with me, I have got a warrant for you, and he begged me not to say any thing about it, but put up my staff, and he would go with me very peaceable and quiet; I took him in a coach to Mary-le-bone watch-house; Newman I took in the morning first, about twelve; this prisoner I took in the evening between eleven and twelve.

Prisoner. You did not take Mr. Newman out in the back place of the watch-house, and ask him for a guinea a-piece? - No, I did not.

Did you go out with Newman at all? - I do not know whether I took him out at all; he put down ten guineas in the watch-house keeper's hands, for security for his return, to go with the coachman and me to find the prisoner.

HENRY BELTON .

Have you ever taken an oath, my lad? - At Bow-street one time.

How long is that ago? - When I went up about Mr. Robinson.

Who was the Magistrate that gave it you? - Mr. Bond, I believe it was.

Suppose you tell a lye, what will become of you? - I shall go into Hellfire.

Have you been taught your catechism? - Yes.

You know there is a God? - Yes.

Have you ever heard there is another world? - Yes.

Suppose you should tell a falsehood, what will become of you in the other world? - I shall go into fire and brimstone.

HENRY BELTON sworn.

Mr. Robinson, the prisoner, came to my father, the Friday before last, about four

in the afternoon; my father lives in Shepherd's-market, and is a green-grocer; and he asked my father if I might go with him and take a bit of a walk; and I went with him to Charlotte Mews, West, there I saw this coachman that has been examined; I am sure that was the man; he was in a working jacket; but afterwards he was in his livery; I have no doubt about his being the person; Mr. Robinson said to the coachman, he had two other horses standing in Cavendish-street; and told the coachman to go to his master, and ask him the price of this bay gelding; I saw the horse; Robinson went into the stable, and the coachman; Robinson told the coachman to get up and try him; the coachman got up; he offered him nine guineas; he said, his master would not take it; but he would go back and try; he came, and said, his master would not take it; he told him to go back and ask his master if he would take nine pounds fifteen shillings; he came back and told him his master would not take it; he told him to go back and ask his master if he would take ten pounds; he came back; and said, his master would not take less than ten guineas; then he told him to bring the horse from the stables to the Golden Horse, in Oxford-street; the coachman gave the horse into Mr. Robinson's hands, at the Golden Horse in Oxford-street, then Mr. Robinson gave it into my hands, and Mr. Robinson told me to mind it; then told me, he was going in to pay for the horse; then soon after he told me to take the horse from there to Mr. Newman's stables, in Brimstone-street; which I did.

Was any body present when he told you to take it to Mr. Newman's? - No, Sir.

Did he tell you any thing more about the horse than to take it to the street? - No, Sir.

Did you see any thing more of him that evening? - He came soon after to my father's house.

Did he tell you any thing about going home that evening? - No, Sir, nothing at all; I carried the horse immediately to Mr. Newman's, and then went home.

He never said any thing more about the horse in any way at all to you? - No.

Are you sure of that? - Yes.

You saw him at your father's that night? - Yes.

Did he say any thing about the horse there? - No, Sir, not that I know of.

Did you ever hear him mention the horse after at your father's? - No, Sir.

Did he tell your father for what purpose he wanted you? - Not that I know of.

Did he say any thing about buying a horse at your father's? - No.

WILLIAM KENT sworn.

All I know is, that Newman rode the horse into Mr. Watson's yard, at the Horse and Leaping-bar, in St. John's-street, on Saturday morning, and I took him.

PRISONER's DEFENCE.

My Lord, I went to Mr. Mannington's stables, and bought the horse of the coachman, for ten pounds, ten shillings; I told him to bring it to the Golden Horse, and I would pay him for it: when I came to the Golden Horse, he brought the horse there, and delivered him to me; and I told him we would go in, and I would pay him for it; I called for sixpenny-worth of brandy and water; my friend was not there that was to meet me with the money; I told him to sit down, and asked him if he would have a bit of bread and butter, or any thing to eat, for I would go and fetch the money; I went up to Newman's stables, to see if he was at home, and he was not; then I went down to Shepherd's market, to Mr. Belton's, to ask him for the money to pay for it; by the time I got there and back again, this coachman had been to Mr. Newman's stables asking if the horse had come there; that was the same evening, about a few minutes after I had left him; I did not know where Mr. Mannington's house was; I knew where the stables were, but I could not find the groom that evening; Mr. Newman met me at the White-house in South Audley-street;

I told him he was not at home and I could not advance the money; he said, very well, he would advance the money in the morning; I staid there and drank two pints of beer, and we went down to Mr. Belton's, in Shepherd's market, and I sold the horse immediately to Mr. Newman for nine guineas, to pay for it, least the coachman should think I wanted to defraud him.

DAVID BELTON sworn.

I am a green-grocer in Shepherd's market; I have lived in the neighbourhood about ten years; I have known the prisoner about ten months, buying horses, and selling them again; on Friday evening the 16th, the prisoner and Newman came to me, and asked me to have something to drink; we went to Mr. Johnson's, the Griffin, in Half-moon-street, and had about three pots of beer; and after we had been there, Newman told Robinson, he had bought the horse too dear, saying the horse was a beggar, and quite out of condition; Robinson says, George, you are a better judge of a horse than me, what will you give me for it? says George, he is not worth more than eight or nine guineas at the farthest; and Robinson asked Newman if he would give him nine guineas for it, as he had not paid for him; for he wished to make the money good to the coachman in the morning.

Were there many people in the room at this time? - Only Robinson, me, and Newman, and the people of the house frequently backwards and forwards in the same room; it was a public kitchen; I have at different times advanced a little money for Robinson, and always found him honest; I know nothing more.

The prisoner called another witness to his character.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870221-34

210. JOHN WILLIAMSON HADSEY was indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Stokes , on the 28th of January last, about the hour of six in the night, and burglariously stealing therein, one pair of copper scales, value 1 s. one blanket, value 1 s. and a sheet, value 1 s. the property of the said Joseph.

SARAH STOKES sworn.

I live at St. Catherine's ; I went out on Sunday evening, and I left the door and window fast, on the 28th of January; and I was alarmed soon afterwards, that my house was broke open; and when I returned I found the door locked and the window open at the front of the house.

Did it appear to you how the window was opened? - By taking a pane of glass out; and I fancy they opened it the back way; I went out about six, to the best of my remembrance.

Did you go up stairs? - Yes, the first thing I missed was a large looking glass, not in the indictment; the next thing I missed, was one blanket, and a sheet, and a pair of copper scales.

When did you see the goods? - On the next day.

Where? - At the Justice's, in the hands of the officer.

WILLIAM BAKER sworn.

I am fifteen last Sunday was a month; I saw the prisoner take some things from the other prisoners; there was Joseph Mullagan and the others crossed the kennel, and I saw the biggest, whose name was Coleman, cut the pane of glass out, then Coleman opened the window, then Joseph Mullagan went in; this was between seven and eight at night.

What did he bring out? - A blanket and a pair of scales; he gave them to Coleman, and Coleman gave them to the prisoner; and then they all went away; I went away; but I could not pretend to catch them all.

Where did you stand? - At the end

of the alley; not above five yards from them.

Could you see them? - There was nobody stirring about.

Did you know Halsey? - Yes, I knew him to be about where I live.

You knew him by sight? - Yes, I went and gave information to the officer.

What did you see them deliver to the prisoner? - A pair of scales, that was all.

PETER MAYNE sworn.

I am an officer; on the 28th of January, the last witness came to me; and in consequence of what he said to me, I, in company with some more officers apprehended the prisoner at the bar, and Mullagan and Coleman the same night.

Where did you apprehend the prisoner at the bar? - In the Back-lane; we put them in the watch-house for that night.

Had not the prisoner any thing upon him? - No.

How came you to apprehend him? - From the information of the last witness; he mentioned his name, and I knew the prisoner some time before; we brought him the next day before Mr. Justice Smith, and he was fully committed with the other two prisoners; but after that he made his escape from the keeper of New Prison; I received these scales from Isaac Israel ; they are here.

ISAAC ISRAEL sworn.

What do you know of these scales? - The prisoner Halsey, and Coleman, came and offered these scales to me for sale on the 28th of February; I bought them for a shilling.

What were they worth? - I looked upon them to have cost about six pence or eight-pence in labour, and then they would fetch about two shillings; I took them out of the prisoner's hands.

Prisoner. He took them out of Coleman's hands; he did not take them out of my hands; for I had not the scales in my hands afterwards.

Court. How old are you? - Turned of fifteen.

What have you to say in your defence? I was sitting at the corner of the place; I did not know where they brought the things from; they came and gave me a blanket and a pair of scales; and I did not know where they got them from no more than the dead; I did not; and I was so foolish to take them from him; I have not a friend in the world; I was only brought in this morning.

Were there three boys all together before the window was cut? - Yes.

Jury. Was the prisoner up the alley at the time the others were taking the glasses out of the window? - Yes.

GUILTY , Death .

Prosecutor. I shall take it as a great favour if you will recommend him to mercy.

Tried by the third Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17870221-35

271. JOSEPH DESMONCEAUX was indicted for feloniously stealing, on the 8th day of February , one bank note, value 20 l. one other bank note, value 20 l. one other bank note, value 10 l. one other bank note, value 10 l. the property of Eleanor Muller , widow ; and thirty-eight guineas, value 39 l. 18 s. and one silver watch, value 20 s. her property; and one silver watch, value 30 s. the property of John Darby .

Eleanor Muller , Elizabeth Darby and William Brewer called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the third Middlesex Jury before Mr. Baron THOMPSON.

Reference Number: t17870221-36

272. GEORGE NEWMAN was indicted for feloniously stealing, on the 17th day of February , one gelding, of a bay colour, price 10 l. 10 s. the property of William Mannington , Esq.

The witnesses deposed the same as on the trial of John Robinson ; but this prisoner not being present at any part of the treaty for the horse, and Henry Belton (who gave evidence on the trial of Robinson) swearing, that this prisoner bought the horse of Robinson on the night it was lost, and was to give him nine pounds for it, and actually did give him six shillings earnest in his presence; the Court were of opinion, that there was no ground for putting the prisoner on his defence, and he was accordingly ACQUITTED .

Tried by the third Middlesex Jury before Mr. Baron THOMPSON .

Reference Number: t17870221-37

273. JOHN HENRY AIKLES was indicted for feloniously and falsely making, forging and counterfeiting, and feloniously publishing as true, knowing it to be false and counterfeited, a certain promissory note, for the payment of money, with the name John Mason thereto subscribed, drawn by John Mason , for 25 l. 10 s. to H. Byron, Esq ; which said forged note is as follows.

"London, December 18th, 1786. Three

"months after date, I promise to pay to

" H. Byron, Esq. or order, twenty-five

"pounds ten shillings:" with intention to defraud Robert Harvey Gedge , against the statute.

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

RICHARD LOCK sworn.

I am a shopman to Mr. Robert Harvey Gedge ; I know the prisoner; I have a bill which was presented to me by Mr. Byron. (The bill produced.) On Tuesday the 9th of January last, Mr. Byron called at Mr. Gedge's shop; I did not know him before; he had the appearance of a gentleman; he was very genteely dressed; he called to look at some Irish linens; and ordered some to be left at his lodgings in Poland-street the next morning; I went the next morning and took several pieces of linens, and some handkerchiefs; he Bought four pieces of Irish and twelve pocket handkerchiefs; the whole amounted to about twenty-one pounds; this Mr. Byron presented this bill for payment for the goods; I told him, I could not possibly take it, as I knew neither of the parties, without making enquiries about it; I then asked him who this John Mason was, the drawer of the bill; he told me, he was a gentleman of fortune, and that he lived at No. 4, Argyle-street; he likewise said, he had great connections with this Mason, that he was concerned with him in a coal mine; I then packed up the goods and sent them home by the porter; I told him, if the bill was approved of I would send him the goods which he fixed on; he assured me the bill was very good, and that I was welcome to every inquiry I though proper respecting it; I sent the goods back to my own home by the porter whom I took with me; I then went immediately to No: 4, Argyle-street, to make enquiries about the bill; I knocked at the door, and a lad let me in; he is not here; I enquired for Mr. Mason; the lad told me Mr. Mason was at home, and desired me to walk into the parlour, and he would fetch him immediately; the prisoner came immediately into the parlour.

Look at him? - I am sure it is the same; I asked him if his name was John Mason , and he told me it was; I then presented this bill to him. (Looks at the bill.) This is the bill I presented to him; I asked him if that bill was drawn by him; he took the bill into his hand, and looked at it, and he told me it was drawn by him, and it should be paid as soon as it became due; I then left the house, and made some enquiries in the neighbourhood about it; I found he was not known by any person in the neighbourhood; I then immediately went home, and told Mr. Gedge; he said, he would not take the note by any means; we kept the note in our hands three days; the third day Mr. Byron called at Mr. Gedge's shop, to know if we approved of the bill, Mr. Gedge told him, he did not, and could not possibly think of taking it, as he knew nothing of either of the parties; just as he was going out of our shop, a man came in and took him by the arm, and desired him to go with him; he was taken into custody immediately; it was Mr. Lee's man of Charing-cross, a hosier; and he was taken immediately to Justice Hyde's; I know nothing further of the prisoner; this note was presented by Byron.

(The note read.)

"London, December, 18th, 1786;

"three months after date, I promise to

"pay to H. Byron, Esq; or order, twenty-five

"pounds ten shillings, for value

"received, John Mason , No. 4, Argyle-street,

"Oxford-road. 25. 10 s." - It is not indorsed.

Prisoner. Ask him if he knew me by any other name than Mason till he was persuaded out of it at Bow-street? - I never knew him by any other name, till I saw him in Bow-street; but I knew it was the same person when I came there.

When did you see him in Bow-street? - It was about three weeks after.

How came you to see him in Bow-street? - I was sent for; I went to Bow-street, and there I saw the prisoner.

What business were they about in Bow-street? - The prisoner was taken up.

Did you hear what name he answered to there? - No, I cannot say I did; they told me his name was Aikles.

But did you hear him answer to that name? - No, I cannot pretend to say I did.

Have you ever heard of any other John Mason answering to this description? - No, I cannot say I have.

JAMES DONALDSON sworn.

What are you? - I live upon what I have; I let the prisoner at the bar a house, No. 4, in Argyle-building, under the character of John Mason , Esq; he took the house No. 4, Argyle-building, from me; I live at No. 33, in Berwick-street; after enquiring into his character, of which I had a very good one, from a person that keeps a coffee-house in New Round-court, in the Strand.

What is that person's name who keeps that coffee-house? - I do not know.

When you went to the person in New Round-court, by what name did you enquire after the prisoner? - Under the name of John Mason , Esq.

And by that name he was known to the person who kept the coffee-house? - Yes.

Did the prisoner go with you when you went to enquire his character? - No; upon the prisoner's signing an agreement with me in writing for the house, which is here.

(The agreement produced.)

Court. Hand me the agreement and the bill? - He signed that agreement by the name of John Mason ; I did not see him sign it; I left it at the coffee-house, and I was informed by my daughter-in-law he brought it to my house; I found it on my table at my return.

Court. Why are you the witness in this case? is your daughter-in-law here? - No.

Did you draw the agreement? - I drew it myself; the house which I let to the prisoner belonged to a relation of mine whose name is Elizabeth Coltman.

I see you have described John Mason , Esq; in this way;" of the parish of St. Martin in the Fields, Westminster;" where did you get that description? - From

Did you ever shew him this agreement after it was signed; do you know at all from him, that this name John Mason written at the bottom of this agreement was written by him? - I do not know farther than I have told you; all that I know farther is, when I got the agreement I went and gave the prisoner possession of the house.

When was that? - The beginning of last month.

Did you see him after this agreement was left at your house? - Yes, he came to me after the agreement was left at my house and we went together to the house.

Had you any conversation about the agreement? - I do not remember.

What did you do at the house? - A woman that was looking after the house was there, and I told her she might go about her business, because I had let the house to that gentleman.

Then you put him in possession and turned the woman out? - I did.

How came you to go to Round-court to enquire about him? - The prisoner directed me there; Mr. Bond wrote a letter to me, desiring my attendance at Bow-street.

Did you attend? - I did.

What name did he answer by there? - He went there under the name of Aikles; I know nothing about it farther than hearing him called so there.

When he was called Aikles, did he answer to that name in Bow-street? - I cannot take upon me to swear that.

Prisoner. Whether he knew me by any other name than John Mason till he was informed? - Never in my life; I never knew him at any rate before.

WILLIAM STURT sworn.

I am a watch-maker; I live in Poland-street; on the 8th of January, a young gentleman, with the appearance of a gentleman, came to take an apartment in my house; he answered to the name of Byron; I enquired where I could be referred, for his character; he referred me to Mr. Mason, No. 4, Argyle street, for his character.

What time was this? - It was Monday the 8th of January; in the afternoon I went to No. 4, Argyle-street, and knocked at the door; the prisoner opened the door, and I asked for Mr. Mason; he appeared as the person; I told him I was referred to him, by a Mr. Byron for his character: he asked me if it was H. Byron of Case Haughton; I told him yes; he told me he was a gentleman, and a man of fortune, and that I was very safe; I was then satisfied with the character he gave; I never saw Mr. Mason before.

But he was the person answering to the name of Mason at this house? - Yes.

Prisoner. Did you ever know me by any other name than Mason? - No.

Jury. Was you in Bow-street? - I was there.

Can you recollect whether he answered at Bow-street by any other name? - I do not recollect he did.

CHARLES JEALOUS sworn.

I know the prisoner, I believe I have known him these three years and better; I apprehended the prisoner, on the 27th of January, at a cheesemonger's shop, in Windmill-street, facing the Hay-market; on searching him, I found a pocket-book, with some notes in it.

Did you shew him these notes? - Yes, the papers were all taken out before him.

Did he say any thing about the notes? - He said it was not his pocket-book.

Then we cannot hear what was in that pocket book.

What is the prisoner's name? - John Henry Aikles .

Why do you say so? - During all the three years that I have known him, he has passed by the name of John Henry Aikles.

When you first knew him, was he mentioned to you by that name? - The first time I knew him, I saw him tried in this Court, in the name of John Henry Aikles ; I never knew him by any other name in my life.

Has he always been known by that name in all the transactions you have had with him? - Yes, my Lord, and all the people in our place know him by that name.

Have you at any time heard him say that his name was John Henry Aikles ? - Yes, frequently he has.

Have you ever called at houses for him in that name? - I cannot say.

Did you ever see the prisoner write? - No.

ANN BIRD sworn.

I know nothing but seeing the prisoner come into the house, in Argyle-street, No. 4, by the name of John Mason .

Have you ever known him by any other name, but by the name of Mason? - No, never.

JOHN NEWMAN sworn.

I knew the prisoner some time before the riots; before the year, 1780, I think he was a prisoner in Newgate then; he has been in custody different times since.

Being in custody, and having known him, tell me what name he has passed by since you have known him? - He was brought a debtor first, by the name of Aikles, and every time all my entries in the books are by that name.

Did you ever know him by any other name? - No; he has been indicted by other names I believe.

Did you ever know him by the name of Mason? - No.

JOHN OWEN sworn.

I am servant to Mr. Akerman; I know the prisoner; I have known him for three or four years.

How came you to know him? - By being in custody.

Can you tell me whether at different times he has been enquired for? - I never knew him by any other name than John Henry Aikles .

Did he answer to that name in the prison? - Always.

Was he enquired for by that name? - He always was by that name.

Mr. Knowlys submitted to the Court that this was a true note, with a true description, and that an action might be maintained against the prisoner for it, by the name of John Mason .

Court to Prisoner. Have you any to say in your defence? - I was going to inform your lordship what countryman I am; I was born at a place called Wolfhausen, in the Prince of Hesse's dominions; my father's name is Henry Mason , and I was christened in the name of John Mason ; I believe if your Lordship refers to my first coviction, you will be convinced I am a foreigner, for half of the Jury were foreigners; when I was first taken on the first indictment, which I have suffered for, I was taken up by the name of John Mason ; but at Bow-street, they had heard I had gone by the name of Aikles, and they called me by that name, and I never contradicted it; I was taken for six days every morning to Bow-street, and kept there till night, and brought in every half hour for tradesmen to see if they knew me.

Court. Can you prove at any time when you first came to England? - I came to England, I think it is twenty-two years ago.

Can you prove at any one time of your life, that you went by the name of John Mason ? - Yes, if I had money to subpoena people.

Have you any witness here to call, who will tell the Court that he has at any time of your life, known you by the name of John Mason ? - If I had the priviledge of one half hour: here is a lady here that knows that I have gone by the name of John Mason .

ELIZABETH MERR sworn.

What do you know about the prisoner? - He lodged with me some time back.

How long back? - It may be seven or eight years, I cannot say; I keep a house in Wilson's-court, Charing-cross, No. 2; when he came to my house, he told me it was to screen himself from his creditors.

Is that within the verge? - Yes.

Did he tell you his name? - John Henry Aikles , but afterwards I heard he went by the name of John Mason , at the Btitish coffee-house, in New Round-court; I heard it from the mistress of the coffee-house.

How do you know he was called Mason at that coffee-house; - I called there upon him in the name of Mason, because I am accustomed to these things, in having gentlemen coming to my house not in their own names, on account of their creditors; he told me his name was Mason, and ordered me to call him by that name.

Jury. Did not you keep the British coffee-house? - Never, Sir; I live at No. 2, Wilson's-court.

How long afterwards was it that he was at your house, that he ordered you to call on him by the name of Mason? - A great while after; I conceived that to be his name; he lived at the British coffee-house two years ago; I called for him by the name of Mason, but he was not at home, but they answered to the name, and said he was not at home; in consequence of that, he called upon me.

Did you ever hear any body call him Mason? - Not in my house.

Any where else? - Only at the coffee-house.

Why you never saw him at the coffee-house? - No.

Did you ever hear any body address him by the name of Mason? - No, I conceive

Mason to be his right name, because he told me so, when he told me to call on him by the name of Mason; it is more than two years ago; I cannot positively say to the time; I was called upon to prove his hand-writing by the Grand Jury, at Guildhall, but as I had never seen him write, I could say nothing on the business.

Have you ever been a witness in this Court before? - I never was in this Court before this trial came on.

At any time? - Never in my life.

Did you ever hear this man call himself Mason, except in the conversation to you that you have talked of? - No.

Have you ever had any letter from him? Never.

People enquired for him at your house? - Yes, in the name of Aikles.

Never in the name of Mason? - No, Sir; he at that time kept a house in Bateman's-buildings, Soho-square, No. 6; his wife used to come to him at my house.

What name did he keep it in there? - By the name of Aikles.

The Jury retired for some time, and returned, finding a special verdict, and said they had not the least doubt, but the name of Mason was assumed for the purpose at that time; because, they said, they disbelieved the evidence of the woman; and that it was the sense of the whole Jury, that his name was Aikles, and that the name of Mason was first assumed for this purpose. The Court asked the Jury, if they found that he never went by that name before; to which they replied, never my Lord, we cannot suppose he ever did; Upon which, Mr. Knowlys, counsel for the prisoner, informed the Court, he wished the Jury, having this opinion, would find a general verdict of guilty, subject to the opinion of the Judges.

GUILTY , Death .

The case was reserved for the opinion of all the Judges .

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

Reference Number: t17870221-38

274. THOMAS WOOD , THOMAS RILEY , and JOHN MOLLOY , were indicted for feloniously stealing, on the 1st day of February , six pair of thread stockings, value 10 s. the property of Henry Wigley and Samuel Bishop , privily in their shop .

HENRY WIGLEY sworn.

I am a hosier and haberdasher ; I live in Great Portland-street, Mary-bone ; my partner's name is Samuel Bishop ; on Wednesday, the 1st of February, about the noon of the day, between eleven and twelve, I lost six pair of stockings; the prisoner Wood and another boy with him, which I believe to be Riley, came to my shop for a ball of worsted; the prisoner Molloy did not come in with them at that time; they paid for the ball of worsted, and went their way; about ten minutes after, the boy Wood was brought back to me, with six pair of thread stockings, by Mr. Higinbottom.

Had these two boys any conversation together? - They came in together, they spoke together, and they were both concerned together in buying the worsted; I am clear the stockings are my own property; they are marked with an eyelet-hole just under the welt; there are four eyelet-holes in each heel.

Is that the case of all of them? - No, it is only to distinguish the different qualities of them; these eyelet holes are made by the manufacturer; this is a very particular article; I bought them the day before, and I had them in my hand, examining them, not five minutes before the prisoners came into the shop.

Unless you gave express orders for these stockings yourself, other stockings are made the same way for other people? - Yes.

There was nothing else besides these eylet holes? - No.

What quantity had you bought before? - Six pair, they were tied up in a sheet of blue paper when I lost them; I bought them in brown paper; when they were

brought back, they were in paper; I have not got the paper; I know nothing of Molloy.

What may be the value of these stockings? - Fourteen shillings I gave for them.

When did you first miss your stockings? - Not till they were brought back by Mr. Higinbottom.

JOHN HIGINBOTTOM sworn.

I am a young man in the hosiery branch; my situation is in South Moulton-street; I keep a house there; on Wednesday morning, February 21st, it might be half after ten, I saw the prisoner Riley and Molloy in company pass my shop door, and I was wiping the windows, and I observed Riley go to my left hand window, as I was wiping the right hand window, with a view to look into the shop.

What time might it be when the boys got to the shop? - I suppose it might be near twelve; I did not take notice of the time; I observed to a Mr. Dunn, that these were pickpockets, or shop-lifters; I observed Riley, and from my own suspicions, I followed him and Molloy up Bond-street; they crossed Oxford-street, and went into Bear-street; they went up several streets, and went to Mr. Hartshorn's window; Wood and Riley went into a shop, and Molloy stood at the door; I followed the boys to Portland-street, there I lost sight of Wood and Riley; I saw Molloy stand or sit, on the opposite side, a few doors above Mr. Wigley's shop; I saw Wood and Riley go into the prosecutor's shop, and I went into the opposite corner shop, Mr. Wallis's the butcher's, in order to remain there till Riley and Wood joined again to Molloy; I had hardly been there the space of five minutes, before I saw Wood come out with something under his coat; I pursued him up Mary-bone-street, I took him immediately; I did not see the other boy then come out with him; I am sure it was Wood; I do not know what became of the other boy; there was a coal cart obstructed me; I seized him opposite Queen Ann-street; there he had quitted himself of the goods; I did not see him throw down any goods; he had nothing upon him; I brought the prisoner back into George-street, and the goods were given me by a man out of Mr. Phelp's shop; I took Wood and the goods back to Mr. Wigley's shop; Mr. Wigley said, they were goods he had had much trouble in getting the day before, for Mr. Yorke, of Portland-place; and had tied them up that morning that the prisoners came in for a ball of worsted, that he bid them match it, and left them, and went down stairs.

What became of Riley? - I do not know, I saw Molloy lurking on the opposite side, when I came back; he was not in the shop; I observed he was one of the gang; I sent over, and had him taken.

JAMES PHELPS sworn.

I am a muffin baker, in George-street, Portland chapel; I was standing in my shop, on the 21st of February, and I saw a lad run, to the best of my knowledge it was Wood; I knew him; I saw him stoop down with a bundle in blue, like blue paper.

Had you seen Riley at that time? - No, I have not a doubt but it is Wood, because when he stooped to drop the bundle, I perceived he had very short hair; I saw him throw the bundle under a stair-case, which goes over some stabling; I saw a gentleman take it up; he brought it into my shop; the blue paper looked very fresh then, but I could not say any further as to the bundle.

Did the gentleman pick up the same bundle that the boy put down? - Yes, we kept the bundle; the gentleman said, I will take it home, and if they should ask for it, you will tell them where it is; I immediately saw him bringing the boy back again; and he gave the bundle to Mr. Higinbottom I believe.

Did you see him give the bundle to Wigley? - Yes.

Did you see the boy taken? - No, he

was brought back in five minutes, it was not three minutes I believe.

Is that the boy which was brought back? - It was Wood; I am positive Wood was the lad that was brought back.

Prisoner Wood. Pray Sir, did you see me take a bundle? - No.

Did you see me throw it down? - To the best of my knowledge.

Prisoner. Did not you say that it was a light colour blue paper? - No.

Prisoner. Was not it a very short gentleman, in a blue coat, and that gentleman had a white coat at the same time, and a pig-tail? - To the best of my knowledge, it was Mr. Higinbottom.

Higinbottom. I received the parcel, but I cannot say from whom.

Prisoner to Phelps. Did you follow me to the shop where I was taken to? - No.

Are you sure you gave the stockings to that gentleman? - Yes, I am sure of it.

Prisoner Wood. This is not the boy that was with me, it is a boy bigger than him; I know nothing of these two lads; I never saw them before I came into the prison.

Prisoner Riley. I never saw this boy before.

THOMAS WOOD , GUILTY , Death .

THOMAS RILEY , JOHN MOLLOY ,

NOT GUILTY .

The prisoner Wood was recommended to mercy by the Prosecutor and Jury.

Tried by the third Middlesex Jury before Mr. ROSE.

Reference Number: t17870221-39

275. PETER HENRY GILES was indicted for burglariously and feloniously breaking and entering the dwelling house of Matthew Edmondson , about the hour of eight in the night, on the 10th day of January last, and burglariously stealing therein, one copper kettle, value 15 s. a mahogany tea-tray, value 15 s. and two pictures, with gilt frames, value 15 s. his property .

There being no evidence but that of an accomplice, he was ACQUITTED .

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

Reference Number: t17870221-40

276. JOHN DEITZ was indicted for stealing, on the 9th day of January , one linen table-cloth, value 3 s. the property of the Right Honourable Richard Lord Viscount Howe .

NOT GUILTY .

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

Reference Number: t17870221-41

277. JOHN ADAMSON was indicted for feloniously assaulting Samuel Horne on the King's highway, on the 19th of February last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one watch, with the inside case made of base metal, and gilt with gold, and the outside shagreen, value 20 s. a silk handkerchief, value 2 s. and five guineas, value 5 l. 5 s. his property .

SAMUEL HORNE sworn.

On Monday night, the 19th of February, I was robbed in the Hay-market , at the door of the Opera-house; it was near twelve; I was going along the Hay-market; it was between the two doors; the lower and the upper door; I was walking along; of a sudden I was surrounded by I suppose six or seven or eight people; from whom I attempted to escape, by a retreat, which I could not do; I then went forward and found myself surrounded by these people that were about me.

Was the crowd still about the Opera door at that late hour? - It was an early hour; it was the night of the masquerade; one person I felt take hold of one pocket,

and one person of the other; and one laid hold of my hat, another pulled my watch out of my pocket; I caught hold of the seals; I retained the seals; the watch was taken and the chain; I had hold of the chain; I felt the chain as I walked with my hand on my pocket which I endeavoured to secure; after they got the watch, the chain remained in my hand; I saw three or four men picking up some guineas which had fallen from my breeches pocket; which they had turned out; the next day I advertised my watch as having been lost at that place; I was fearfull of taking any of the men surrounded as I was.

Did you know any of the persons by sight? - No, there was no lamps at the door.

Did any of them shove you or strike you before the watch was taken? - No, nothing more than the pressure of the crowd; I had hold of the chain all the time.

Did it require any considerable degree of violence to break the chain? - I defended it as hard as I could; and the man pulled as hard as he could.

Was there any struggle? - Only pulling at the chain; I perceived him take it, and I endeavoured to retain it, and he pulled it from me.

It was then by the force of his pulling that it was taken from you? - It was.

You endeavoured to retreat? - I did; I found it was too late for that; when they closed in upon me there was a hustleing as much as might be expected upon such an occasion.

Was the pressure of the crowd occasioned by the concourse of people, or was it occasioned by these people? - I felt no crowd till these people came up.

It was then apparently a crowd of their own making? - Yes.

Did you by advertiseing ever find the watch again? - On Wednesday morning after a constable came and informed me that a person had been stopped with a watch upon him, which answered my description; in consequence of that, I went to the office in Litchfield-street; a person was brought to the bar on whom the watch had been found; that was the prisoner; a watch was produced, which from the maker's name I believe to be mine; the case was out, and the glass was broke; it was in a mutilated state; when I lost it, it had a glass upon it, and a green fish skin, or a shagreen case; as the outside case.

Did you before you lost the watch know the maker's name and number? - Number there was none; the maker's name I knew; I believe it to be mine, but I cannot positively swear to it; if the maker's name had been out, I think I should not have known it; the prisoner said, he found the watch in the street, at the Justice's; the maker's name is Richard Thorley , Wickport.

From the view of this watch what remains of it have you any doubt whether it is, or is not your watch? - (Looks at it.) - I think it to be my watch.

Have you any recollection from the general appearance of the watch, or the dial plate or any thing; have you any recollection but from the maker's name: suppose before the watch had been produced to you the maker's name had been rubbed out and defaced, is there any thing that would have enabled you to say it was your watch? No, certainly.

- DALTON sworn.

I saw the prisoner at the bar in company with several others, and I heard he was wanted for several other matters; I went to Young to get his assistance; Young came to me, and we took the prisoner; he was in the room where I saw him before; in searching him, I found that watch; it was in the same condition it is now, without a case; we asked him how he came by it; he said, it was his mother's; he was committed; when he was examined, he said, he found the watch in the kennel opposite the Opera house at twelve o'clock the night before.

Mr. Leach, Prisoner's Counsel. What

distance of time were you absent? - Not above two minutes.

In that two minutes the prisoner might have got out and you not have seen him? - Yes.

CHARLES YOUNG sworn.

On Monday the 19th I was fetched out by Dalton; I had been out with him; I went with him, and saw the prisoner, and knew him; I searched him and found this watch in his pocket; he said, he either had it of his mother, or that it was his mother's; I asked him the maker's name, and number, and he said, that did not signify; when he was examined before the Justice, he said, he found it in the Hay-market coffee-house.

PRISONER's DEFENCE.

I never saw a mask before: I went to see it, and I saw something laying in the kennel and I took it up; I went to the Pilgrim because I did not chuse to go home it was so late.

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

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-42

178. JAMES ROBERTS was indicted for feloniously stealing, on the 6th day of February , sixteen pair of random cotton stockings, value 3 l. the property of Edward Dewicke , in his dwelling house .

ANN DEWICKE sworn.

I am wife of Edward Dewicke , No. 77, Old Gravel-lane ; on Tuesday the 6th of February the things were missed; I only speak to the property.

MARY BRADLEY sworn.

I am servant to the prosecutor; on Tuesday the 6th of February, between four and five the prisoner came into the shop and asked which was No. 18; I told him I could not tell; nobody else was in the shop; he went out and came in again; he said nothing but put his left hand into the window and took out one row of stockings; he put them into his right hand, and took another with his left hand; there were eight pair in a row; they were random cotton; he ran out, and I ran after him crying stop thief; he was not three minutes in the shop together; I never saw him before, but I am sure he is the same; I saw him run out with them in his hand; he was taken in five minutes; but I lost sight of him: Mr. Reynolds brought them back; the things were taken from him; they cost more than three pounds; they were new things.

JOHN REYNOLDS sworn.

I am a mathematical instrument maker; I saw the prisoner running with the stockings under his arm; one upon another; I stopped him and asked where he got them; he said, he picked them up: he let them drop directly, and a little boy picked them up and delivered them to the maid, I heard the maid say the prisoner was the person.

(Produced and deposed to.)

PRISONER's DEFENCE.

I saw a boy in a white coat drop the stockings; he ran away, and I picked them up, and another baker's boy picked up some more.

To Bradley. Was it not that boy Herbert that took the things in the shop? - I am sure it was not; I am sure it was the prisoner.

GUILTY, 39 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870221-43

175. WILLIAM WELCH (aged 12,) and HENRY CONWAY , (aged 9) were indicted for feloniously assaulting Mary

Ann Davis , spinster , on the 18th of January last, on the King's highway, and putting him in corporal fear and danger of her life, and feloniously taking from her person and against her will, two dimity waistcoats, value 2 s. two linen shirts, value 4 s. one linen handkerchief, value 6 d. one muslin ditto, value 6 d. the property of John Chapman ; and one linen handkerchief, value 1 d. the property of Mary Davis , widow.

Court. Who committed these boys? - Mr. Walker.

MARY DAVIS sworn.

What are you? - I am a poor woman that takes in washing for my living.

How old is your daughter? - She is under eight years; I sent her to Rider's-court, in Coventry-street, for a person's linen that I wash for, on the 18th of January; it was in the dusk of the evening; between four and five; the child came home all over mud, and had lost the linen.

How long did she stay out? - More than an hour; I know nothing of it of my own knowledge; my child is between seven and eight.

I do not suppose she knows any thing about the nature of an oath? - Not to my knowledge.

JACOB FREEMAN sworn.

On the 18th of January, I received information that a child had been robbed in Coventry-street, near the Hay-market ; during the time that I received the information, Beamish, a brother officer of mine had taken the two prisoners at the bar; on the morning following I found out the child; the property will be traced; I have had it ever since; I had it from Mrs. Hickey on the day following; I believe Mrs. Hickey lives in Crown-court, Broad-street, St. Giles's.

Where were these children taken up? - From the house of Mrs. Hickey, by Beamish.

ANN HICKEY sworn.

I live in Crown-court, Broad St. Giles's; I kept three lodging houses at the time.

What are these children at the bar? - I know nothing of the children; they were taken up at my house on the 18th of January, about eight at night, to the best of my knowledge; as I sat at my own fire side one of the officers belonging to Justice Walker came in; says he, who have you in this farther house? I said, you are welcome to see, and I gave him a light; I went with him, and as I went into the house, the first thing I saw was them two boys with their hands tied together in the passage, so I said, Lord, bless me, what is the matter here! they took the light and seemed quite busy looking about the place; I took no notice; I came back again with a light: I saw nothing more of these two children; they took them away afterwards on an information of a little girl; I took a light and went into my yard, and sought and found nobody: I went up to a room, and looked out at a window, a back window, and in the next yard, I saw a bundle laying in the yard; it was the 18th of January, to the best of my knowledge; I suppose it was about five or six minutes, to the best of my knowledge; the girl fetched it up; I took the bundle, and there were two shirts, a waistcoat, and a handkerchief; I asked what office them officers came from; I went to Justice Walker's, and took the things there; I know nothing of the prisoners; I have seen the two children before; I never saw them but twice; I saw them the night before; I let that room to two girls that sold matches and hat pins about the streets; I do not know who they were; they lodged about a week.

JOHN BEAMISH sworn.

I took the prisoners in Round-court, St. Giles's; I was at the public house next door to the office; two girls came in and asked for Meecham; he was not in the way; they gave me information; I went with them to Crown-court; I found nothing there; but the two boys were in a back room up two pair of stairs; there were two or three girls in the room with

them, nobody else; there was a light; they appeared to be employed, and I went in and told the prisoner Welch I had information they had committed a robbery; a girl slipped out directly; the prisoner said, that the person who gave the information was the person who did the robbery; all the houses in that place are a common receptacle for people of that kind; one of the girls is here in Court; the others are in custody for shop-lifting.

Court to Mrs. Hickey. Do you know this girl? - I saw her coming up with these girls; I never let her a lodging.

Do you know the other that is in custody for shop-lifting? - No, she never was a lodger of mine.

CATHERINE MOREING sworn.

Me and three more girls were going up Coventry-street, and we saw these two boys; and one of the boys lives along with one of the girls; her name is Peg Holmes ; I believe she is about seventeen; this was about five or six o'clock; she lived at Mrs. Hickey's; he only lived with her that day; they had a bed below stairs, and paid seven pence for it; he lived with her ever since; he was taken up that night; I beg your pardon I made mistake.

Court. You are a young girl, do not let any body draw you in? - He only lived with Peg Holmes that night, and they were going to live together; he came I believe it was about Wednesday morning.

What day was this? - I do not know rightly; I cannot recollect; it was the same night of the lights; I believe it was on Thursday night he came after Peg Holmes and Phebe Flarty ; they had acquaintances down Newtoner's-lane; she came to lodge there after the boys were taken up.

What did you know of the little boy? - Nothing at all; he was with the other boy; on the Wednesday night he lodged I believe at Mrs. Cummins's in Dyot-street; he staid at Mrs. Hickey's on Wednesday night; he laid in the bed with the other boy and Peg Holmes ; in all about six girls; I was going down to Coventry-street, and I saw the child was going to cross over, and both the boys laid hold of each of her hands, and took her over, and led her down into Coventry-court, and the little one knocked the child down, and the big one took the bundle from her.

What did you girls do? - We are misfortunate girls; I believe they use to go out on the town: we were all going out to see the lights; when the boys had got the bundle, the little one came up and hit me in the eye, and I had a black eye.

Do you mean that child at the bar? - Yes, Sir, he could lick a good many girls; he hit me because I was going to halloo out stop thief.

Which of the girls did the boy bring the bundle to? - I do not know indeed, he kept it underneath his coat.

Where did he carry it to? - They went home with Peg Holmes , and I came directly and fetched the Justice's man; Phebe Flarty went with me to inform against the boys:

Where did you come from? - I live in Carrier-street, St. Giles's; my mother lives in the same street.

What is she? - Spins flax; she is an Irish woman.

What has she bred you up to? - I have had nobody to take care of me; she sent me out with a few matches and pins; I was born in Dyot-street.

What age are you? - Going of fourteen.

You should apply to the parish officers to be maintained?

Freeman. This girl was almost naked; where these boys were taken from, is one of the most infamous places that we have in the county of Middlesex not only on this business but on many other occasions; I have been under the necessity of going there, and have taken out boys, apprentices, where there were four or five girls; she is now naked; I furnished her with this pocket handkerchief for decency's sake; when these two boys were taken, and the

morning following when the Magistrate examined them, the youngest boy I believe, I went ten miles to find out his mother; I found her out; Mr. Walker himself observing the boy's age, though he examined the child himself; he delivered the youngest boy up to his mother: when I found out where this person lived that had been robbed; I got the biggest boy, he was put among a number of people, and the child took out the biggest boy; in two days afterwards, I went to the same house, and in the same room I found the same boy with two girls; I thought it my duty, as well for my country, as for my feelings as a father, to bring him to justice; the two girls were taken with the two boys; they were all committed; but Welch, the biggest boy, says she is innocent, and owned it himself; one of the other girls has related just such a sort of a story to the Justice, but as this girl came voluntarily, we thought it better to bring her; it is but lately that a man lost his life there, and five women were taken up, and Mrs. Hickey also; the Coroner's Jury brought in their verdict accidental death; in this very house: the parish has commenced a prosecution against these houses.

Court. I am very glad to hear it, Mrs. Hickey ought to be included in the prosecution for keeping this abominable house.

Freeman. The prosecutrix is a poor woman; this is a gentleman's linen; he charged her sixteen shillings for it, and he would not give half a crown of it.

Court. Desire the churchwarden to call at my house after the session.

One of the churchwardens. My Lord, I have been in Court from the beginning.

Court. Then I am sure it is unnecessary for me to say much to you on the subject? - The parish have commenced a prosecution against Mrs. Hickey for keeping a disorderly house.

Court. You have done very right? - I believe the bill is not yet found; Mr. Robinson in Russell-street is the attorney.

Court. I shall order her to be committed for perjury in the face of the Court, till a Bench warrant is obtained on that indictment.

Freeman. She has seen them many times before to my knowledge.

(Committed to Newgate.)

Court to the child. How old are you my little girl? - Going of eight.

Where were you sent to that evening that you lost the things? - Into Ryder's-court.

Court to Freeman. Did you hear the boys say any thing at any time what was become of the things? - Yes, at one hearing before the Magistrate Welch said, he would take it all on himself, so that Margaret Holmes should not be hurt; when I examined the bundle, I was informed of what property was lost, at the time I found a deficiency; I found that one of the waistcoats, and two neck handkerchiefs were in pawn at a pawnbroker's named Lane; the little boy being sent home with his mother; I paid the pawnbroker, and took the things out.

Did either of the boys say what had been done with the bundle the night they were taken up? - Not that I remember; the things were twice produced in the presence of both the boys; I was not present at one of the examinations, Beamish was.

Beamish. I was present; Welch said, that Peg Holmes had nothing to do with it; that he would take it all upon himself, sooner than she should be hurt; the things were produced; he did not deny the charge at all; the little boy said but very little indeed; nothing that I took any notice of.

Court. This little child is too young to be examined with propriety upon oath.

Court to Catherine Moreing . You are sure you saw the boy have the bundle? - Yes, under his coat, the bigger one.

(Conway's mother called into Court.)

What is your name? - Conway.

Where do you live? - In Lombard-court, at No. 2; a lodger.

Is this child your son? - Yes.

What age is he? - Nine years, and six months.

What business do you follow? - I am not in business at present; my husband died about eleven months ago; I had a shop, and followed the mantua-making business.

- CONWAY sworn.

Where was your son born? - Down in Staffordshire, at a place called Laffley, about seven miles from Wolverhampton, Stafford way; my father was a clergyman; this child was born there; his birth is registered in the parish.

PRISONER WELCH'S DEFENCE.

That night we were going along with Phebe Flarty, who was taken up for stealing some shawls; and there was one Nan Parsley with us.

How came you by this bundle? - I was going to see the lights and we picked up the bundle in the street all over dirt.

(The things deposed to.)

WILLIAM WELCH , GUILTY, Of stealing, but not violently .

Transported for seven years .

HENRY CONWAY NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Court. There has been laid before the Court such a scene of wickedness and profligacy of the worst kind, going on the heart of this town, that cannot but fill every body with horror; it is not to be wondered at the number that parish at the gallows, harboured by such wretches as Mrs. Hickey; children trained up to the commission of every kind of profligacy and wickedness; all that is in our power is to take care that the guilty person shall be punished; with respect to the older boy, I am entirely satisfied with both parts of your verdict, that enables me to do what I have not the least doubt is an act of mercy to this boy, I mean that of sending him out of this country, and thereby save him from being hanged; let him be transported for seven years; with respect to the other boy, let him be detained, and carried before a Magistrate of the city of London, to be passed to the parish in which his mother has sworn he was born, in the county of Stafford.

Court to Conway's mother. You, madam, have probably been reduced by misfortunes, which may have led you to expose that boy to the melancholly situation in which he stands; I shall therefore not reproach you any more on that subject; it is your duty to make all the reparation to God and your country; it is your duty to attend before the Magistrate, to make oath of the place of this child's birth; and it would be the most wise conduct if you was to attend him thither; have you gained any settlement since? - Yes, I kept a house nine years in the Borough; and I kept one since in Westminster; his parish is Westminster.

Court. As this boy is past nine years old, he may be sent to the place of his birth in the country.

Reference Number: t17870221-44

280. ELIZABETH HILL was indicted for feloniously receiving, on the 30th of October last, one pair of boots, value 20 s. the property of Matthew Muggeridge , knowing them to be stolen .

William Stone , the principal, being tried and acquitted in December session, there was no evidence against this prisoner as the receiver.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-45

281. JOHN BRIGHTEN was indicted for stealing, on the 23d day of January

last, seven pounds weight of stone blue, value 7 s. the property of Gabriel and Joseph Heath .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-46

282. HARTY BENJAMIN was indicted for burglariously and feloniously breaking and entering the dwelling house of Ann Evans , about the hour of six in the night, on the 9th day of February , and burglariously stealing therein, one cloth jacket, value 12 s. a bed gown, value 6 d. an apron, value 6 d. a hat, value 6 d. one half crown, value 2 s. 6 d. and 2 s. 6 d. the property of Thomas Jones .

THOMAS JONES sworn.

I live in Nightingale lane , at the house of Ann Evans ; last Friday was a week, I lost my things; I went out about a little business, between two and three in the afternoon; and I left nobody in my apartment; I locked the door of my apartment; there were other lodgers in the house; I came home between eight and nine; I went round to the back door of my room, which is in a back yard, and I found a pane of glass picked out; my apartment is on the ground floor; the door goes into the entry, and there is a staircase; my door is at the foot of the staircase; it is part of Mrs. Evans's house; the door was shut as I left it; the casement window was open.

Was the pane that was picked out near the handle which opens the casement? - Close by it, any body might put in their hand and open the casement; that casement was shut when I went out; I am sure of that; when I went in I searched my drawers and places, and all about, and missed nothing then; in the morning I missed my things, and some of my wife's; they had been hanging behind the door; my drawers were not locked; nothing was taken out of the drawers; I lost the things mentioned in the indictment; they were all in one place; my wife came home with me, and the next day I found the things at the office, and the prisoner in custody; I first saw him in the lock-up room and the things on the tap room table; it was at the King's Arms, East Smithfield.

ROBERT DAWSON sworn.

On the evening of the robbery, on the Friday week last, a few minutes before eight, I was coming along; I saw the prisoner, with these things under his arm rolled up pretty tight; I went close by his side; he was going towards Rosemary-lane, from the prosecutor's house; I followed him to the top of the street; he went over the way to a clothes-shop, and some few words past between him and a man; I came up and asked him what he had there, and took him to the King's Arms; he told me they were some things of his mother's, that she had sent him to sell; I asked him, where his mother lived; he said, in Petticoat-lane; I advised him, as the Magistrates were then sitting, to send for his mother; and I believe had the mother come that evening and claimed the things he might have been discharged; the prosecutor was a painter, and the landlord of this house knew the jacket; and there is the initials of the prosecutor's name on each of the buttons; then the next morning he said he bought them for three shillings, and was going to sell them again; there was the mark of a shoe on the top of the drawers, which corresponded exactly with the shoe of the prisoner; the shoe had been soled, and not soled home; that corresponded with the mark where the seam was.

(The things deposed to.)

PRISONER's DEFENCE.

Last Friday week I went out to sell my goods, and went to buy some more, and I bought these things to get a shilling by; sometimes I go to the other end of the

town, and I bought them for four shillings.

GUILTY, But not of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-47

283. WILLIAM STANTON was indicted for feloniously assaulting Thomas Jordan , in a certain field, or open place, near the King's highway, on the 22d day of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one linen check apron, value 1 d. one pair of sheets value 3 s. the property of William Jordan .

THOMAS JORDAN .

What age are you? - I shall be nine the 28th of next September.

WILLIAM JORDAN sworn.

Are you the father of Thomas Jordan ? - Yes, I know little of this matter; only I was at work, and they sent for me to the Justice's; my wife sent the boy out.

MARY JORDAN sworn.

Did you send your boy out with any thing at any time? - Yes, on the 22d of January, between nine and ten in the morning; I sent him to Hammersmith; I live in Phoenix-street, Hog-lane.

Who did you send him to there? - To my mother.

What did you send him with? - For a pair of sheets.

What time did he come home again? - He did not come home to me till he had been at the Justice's; I knew nothing of it till he came home.

What was your mother's name? - Mary Ford ; she is in the yard.

Call her in.

MARY FORD sworn.

Where do you live? - At Hammersmith; the little boy came to me on the 22d of January, as near as I can guess; nine o'clock.

What did he come for? - He came for a pair of sheets; I wrapped them up in an old apron; I tied them up and gave them to him.

What time did you give them to him? - About two o'clock; he staid and breakfasted with me, and dined; I never saw them afterwards.

WILLIAM STRICKLAND sworn.

I came across Piccadilly, and saw a man with a bundle in his hand in the Park; the 22d of last January, between three and four in the afternoon, a little boy came running after him, saying, stop that man, he has got my bundle; the little boy had got his breeches down; I followed the man; he went towards Piccadilly to Hyde Park; I overtook him in Park-lane; I said to him, stop, you have something more than your own; he said, if it was mine, I might take it; he would have given me the bundle; I said, it was not mine; he had the bundle in his hand; I stopped till the child came up, and had the bundle; the child said, it was his; I took the prisoner to the Justice's; the prisoner said, he found the bundle; the bundle was delivered to me at the Justice's I have it now; this is the bundle the prisoner had; I have had it ever since.

(The sheets deposed to.)

JOHN JENKINS sworn.

I keep a musick shop in Leicester-street, Swallow-street; I was going to teach a gentleman; there was a crowd, I asked what was the matter, and they said, he had stole a pair of sheets from the boy; I did not see him steal the sheets; I took the parcel from the little boy before the Justice; I did not see the bundle taken from the prisoner.

Court to Thomas Jordan . Do you know

any thing of the nature of an oath? - Yes, Sir.

What is the consequence if you swear falsely? - I shall go to the bad place if I tell a lye.

And do you know that people are punished here if they speak falsely? - Yes.

Who tells you so? - My master teaches me that.

THOMAS JORDAN sworn.

I was coming home, and I went into the Green Park to ease myself, my bowels were very bad, and the old man was smoaking his pipe by the wall; when he saw my bundle; and I put it under his arm when I sat down; then I put it upon my knee, and when he saw me put it under me he came and snatched it away.

Did he say any thing to you? - Nothing at all.

He offered no violence to you? - He said nothing to me; the prisoner is the man that took the bundle from me.

PRISONER's DEFENCE.

Coming from Hyde-park I went to ease myself, I found a little bit of a bundle, and I put it under my arm, and two men came and took it from me; some people said to the little boy, you little dog, say he took it from you; the man that took me before the Justice was in liquor, cursing, swearing and blaspheming; I have sent for my witnesses but they are not here.

GUILTY, Of stealing, but not violently .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-48

284. JOHN COX was indicted for feloniously stealing, on the 6th day of February , two hundred pounds weight of lead, value 25 s. belonging to our Sovereign Lord the King , then and there affixed to a certain building of our said Lord the King .

(The witnesses examined separate.)

THOMAS OSBORNE sworn.

My brother is one of the water bailiffs; on the 6th of February I was at Hampton, on shore at ten at night; I went in a boat with two fishermen, and this boat was dropped from the place where it was in a creek; the fisherman said that boat is upon no good; I informed my brother that there was a boat that was on no good; he desired me to go and see when it was gone; accordingly the two fishermen and me went to see if we could see her; we could not discern whether it was gone or not, it was so dark, we followed the boat, and at nine we were at Hampton-court bridge; and we thought we heard something on the other side of the water; we stood on the side of the shore, and my brother on the other; they called out, and the man in the boat called to him; we came up to the boat opposite the place where the lead was stolen, at Hampton-court park; there were three in the boat; the boat was on shore there; my brother went first into the boat, and spoke to the man; the man at the head of the boat said, what is the matter? my brother said, we are come to see if you have any unlawful netts, or have been a swan stealing; one of the men said, you are welcome to search; we searched and found nothing; the man on the head of the boat, offered to come on shore, and stepped into the Thames; I asked him to let me take hold of his hand; my brother said, there is no name in the boat; one of the other evidences that was with us said, you have been flying the blue pigeon finely; says I, the first man that offers to make his escape, I will shoot him, or that makes any resistance; he ran back to the head of the boat; says he, you shoot, and I will run; we took the prisoner; and he called to his companions to come back, and not run like cowards, but sight like men; there was lead in the boat, a ladder, two saws, and a chissel; the constable had the lead;

then the prisoner snatched a gun unawares to any of us, and said, now, d - n your eyes, I will shoot you; my brother seized him directly, Ellis and Jefferies, two fishermen, watched the lead all night; there was found in the boat, a bag with three balls, a heavy charge of shot, two flints, and a cask of powder; it was locked up in a place.

Robert Osborne and Robert Ellis , watched the boat, and saw the prisoner run away, and found the lead and things in the boat as before mentioned.

Peter Hardy , the constable, took charge of the prisoner and the property.

GEORGE PARKINSON sworn.

I am a plumber; I matched this lead, and it fitted exactly.

PRISONER's DEFENCE.

I saw some watermen in a boat that I knew, and I went to them, and these gentlemen came on board and threatened to shoot me; I took up the gun in own defence.

Jury. What kind of a boat was it? - A boat that carrys parcels.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-49

285. SARAH AULT and ELIZABETH SCOTT were indicted for feloniously stealing, on the 6th of February , four bridles, value 11 s. one bradoon, value 2 s. two strap irons, value 1 s. two leather straps, value 1 s. the property of Sarah Hall .

RICHARD SMITH sworn.

I am a servant to Mrs. Hall; about the 5th or 6th of February, these prisoners were in our house with two men with them; it was on a Monday night, between seven and eight; in the morning we missed the things in the indictment; the things had been in the stable the night before; the door was only shut to; the next morning I took a horse, and rode about to all the dealers about London, and I went to this gentleman's house in Aldersgate-street, Mr. Horsley's; I found nobody there.

RICHARD HORSLEY sworn.

I am a collar and harness maker; on Tuesday the 6th of February, about twelve, these two women came to my house and offered some things for sale; there were four bridles, a bradoon, a pair of strap irons and leather; one of the women had some of the bridles in her apron; I looked at them, and asked her what she asked for them; she said, she had some more in her pocket; she pulled them out of her pocket, and asked seven shillings and sixpence; I would not buy them; I thought they were not honestly come by.

Are these two the same women? - Yes, I took such notice of the women by looking at them, that I am quite sure they are the same.

JOHN CLARKE sworn.

On the 6th of February, this woman came to our shop; I work with the last witness, and they offered the bridles for sale; the prisoner Ault, had some of the property in her pocket; the other had some in her apron; the other woman said, if you have a mind to buy them, I have some more; she asked two shillings and sixpence for them; he would not buy them; in the evening I was desired to come down; I am sure these are the women.

A WITNESS sworn.

I did not take Sarah Ault , I took the other with one bridle, which I tied up with a piece of pack-thread; I cannot say her name; it was between seven and eight; I cannot recollect the day of the month; I took no notice of it; I brought her away; this is the bridle I found upon her; I am sure of this. (Deposed to.) They made

Sarah Ault a promise, that if she sent the property home she should not be hurt; the man that took her is not here.

PRISONER AULT'S DEFENCE.

This young woman and me were drinking in this gentleman's house some evening; I do not know which; coming along she picked up these bridles; I thought them rubbish, and they remained in the room till the next day; I took them to several places with this young woman to sell them.

Court to Horsley. Are these bridles the same that were offered to sell to you? - Yes, they are.

SARAH AULT , ELIZABETH SCOTT ,

GUILTY ,

Each to be transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-50

286. THOMAS BROOKES (aged 13) was indicted for feloniously stealing, on the 2d day of January last, sixteen pounds weight of beef, value 4 s. the property of Joseph Jordan .

JOSEPH JORDAN sworn.

I am a butcher ; I live in Shoreditch ; I was setting in my parlour, and saw a person go out of the shop; there is a communication by glass; I went out at the door directly; I saw the prisoner with some meat of mine in his apron; he was out of the shop by the time I got to him; it was thick flank, two pieces of brisket, and one rib; I know I had such pieces in the shop; the meat that was there was all my own.

GUILTY .

To be privately whipped .

Tried by the third Middlesex Jury before Mr. ROSE.

Reference Number: t17870221-51

287. WILLIAM HICKS was indicted for feloniously stealing, on the 28th of January , one hundred and forty pounds weight of tarred yarn, value 40 s. the property of Peter Young .

The parties called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Tried by the third Middlesex Jury before Mr. ROSE.

Reference Number: t17870221-52

288. GEORGE BATH , WILLIAM BATEMAN , THOMAS WARNER and MICHAEL DOYLE were indicted, together with William Watts , for feloniously stealing, on the 21st of January last, one wooden boat called a wherry, value 8 l. the property of Thomas Williams .

(The case opened by Mr. Garrow.)

THOMAS WILLIAMS sworn.

I am a waterman and lighterman at Blackwall; on the 20th of January last, I left my wherry at my moorings, at anchor, below what we call the causeway; it is a passage for people to walk up and down at Blackwall ; I left her safe; she never could have drifted, without being taken away, or turned adrift; when I left her, it was between nine and ten on the night of the 21st, which was Sunday; the next morning I missed my boat from the mooring between seven and eight, I went to look for my labour, my boat was gone; then I found her at St. Catherine's stairs the same evening; I cannot say justly the time, I believe between four and five, she was in custody of Mr. Charles Clarke ; it was my boat; she had a brand mark, J. A. the name of the man I bought her of; the main thwart was broke; I am she sure is my property; here is the receipt of the man of whom I bought the boat; his name is Jacob Atkins .

Mr. Peatt, Counsel for the Prisoner Doyle. What is that J. A. the mark of the person that made the boat? - The man's name to whom she belonged to before.

You say she was moored below the causeway? - Yes, it is what we call low water.

It is common I believe for boats to go adrift of themselves? - When they come to what we call shoal water, there they will ride; they will never go against the tide; the tide was at ebb when she was moored; it is impossible for them to drift by themselves without being turned.

Mr. Garrow. When a boat drifts that is at anchor, does not she carry her anchor with her? - She certainly does.

Had your boat her anchor with her? - No, the anchor was cast aside.

Did you ever see a boat drift with five or six men in her? - No, Sir.

Mr. Peatt. If she had drifted, people

might have taken her up ten miles off, or at any distance? - No, they could not without another boat.

CHARLES CLARKE sworn.

I am a tide surveyor of excise; about twelve in the evening of the 21st of January, near the Half-way-house, near Halfway-reach, between London and Gravesend, laying on the shore with my boat, and another tied to it; we heard a boat rowing against the tide, towards us; we were then on shore; my people pushed off the boat; I was in from the shore; we lay drifting up with the tide till the prisoners in their boat came up to us; there were five persons in their boat; these four and Watts; we boarded them; I asked them where they were going; they said, on a party of pleasure to Erith; I cannot say which of them that said it, I believe all; they seemed to agree to that; I said, they looked like pretty gentlemen for pleasure; and I desired one of the people to rummage the boat, and I found a pistol under the seat where Warner sat; he was the person that sat and did nothing; the other four were rowers; this is the pistol; it was loaded; I have the charge in my pocket; there was a slug, small shot and powder. (Shewn to the Jury.) I saw a gun under the same seat.

What became of that? - Immediately on my mentioning there was a gun, Watts, who is not here, sat at the bow of the boat, he took it up and threw it overboard.

Did the other prisoners hear you ask these questions? - Yes, I asked Watts, what he did that for; and I told him it convinced me that they were such persons as I took them to be, fresh water pirates; the other seemed to be angry with him for doing it; while I was talking to him, I asked Warner where he was going, and he then pretended not to be concerned with them; he said, that they took him in; he was a passenger; they all concurred at first that they were going on a party of pleasure; after talking some time together, I asked Warner, where he lived; he said, at London; I asked him where he was going; he said, to Gravesend; I asked him, on board what ship; he said, an East Indiaman; I asked him the name; he paused and said, he could not recollect her name; I asked him the Captain's name; he did not recollect that, but he said, he was going to see a person who was mate of the ship, and he knew where to find him; I asked Bateman where he was going; and he said, he was going on board the Apollo, West Indiaman.

Was there such a ship? - Yes; I consulted my fellow officers, and we took them into custody; I towed them up to the stern of my boat; taking out their skulls; they had two pair of skulls; nothing more passed, only they cursed and swore in a most reprobate way; I delivered them to the watchman to put them into the cage, and the next morning they all of them changed their dress; they put on fresh clothes, so that they appeared different persons, but I knew them again; I am confident the prisoners are four of the persons; I had the boat locked to one of the King's boats, at St. Catherine's stairs, till the proprietor came to own her; I went down the same day and saw the prosecutor sitting in her; the boat that I saw Williams sitting in, was the same boat we took from the prisoners; the prisoners threatened me at the Justice's, the prisoner Doyle in particular behaved very bad, he declared if he was nigh me four minutes he would have my bloody head off; I did not take notice of the marks of the boat.

To Williams. Was that boat you was in at St. Catherine's-stairs chained to the King's boat? - It was, it is my boat; Bateman appeared to be worse than all; but he said nothing to me.

Mr. Peatt. Did you ever see Doyle before the 21st in the evening? - Not to my knowledge.

They were in the habits of seamen, were they not? - They were in long coats.

You say you saw the gun in the stern of the boat? - Yes.

It is usual for people to carry fire arms with them when they go a shooting? - Certainly when they go a shooting, or else they cannot shoot.

Is it a common thing to carry fire arms in a boat? - Not that I know of, except when they are shooting.

The pistol you say was underneath the seat where one of the other prisoners sat? - Yes, and the gun likewise; but I forgot to observe that Bateman came and stepped to the after part of the boat and threw something overboard; he said, it was a piece of rope.

Did Doyle make any resistance? - No, it would have been folly in them to have resisted, for we were well armed.

GEORGE HINCKLEY sworn.

I was with Mr. Clarke on this evening; I remember boarding the boat; the prisoners were in the boat, and one Watts.

Did you see any fire arms in the boat? - I took a lanthorn with a light in it, and searched the stern of the boat, and saw the pistol that Mr. Clarke took out; which is produced here to day.

Who was sitting in that part of the boat? - I cannot say, one of the prisoners; I saw a gun; as soon as Clarke took the pistol out of the boat's stern, Watts came from forward to the aft, and took up a gun and threw it overboard; I am sure the prisoners are four of the men; we locked the boat to the King's boat at St. Catherines.

Was you present at any time when Williams saw the boat? - I was not.

JOSIAH CHILD sworn.

I am one of the officers; I was present at the time, and in this boat; the four prisoners were in the boat, and one Watts; I saw Clark take up the pistol; as soon as he took it up, Watts, who sat forwards came aft, and took up a gun and plunged it; afterwards we brought the men and locked the boat to the King's boat at St. Catherine's; I am sure these are four of the men; I went with Williams from the Justice's to the boat; the boat I shewed to him was the same boat that had been taken from the prisoners; he immediately owned the boat; the marks were J with two A's upon it; it was a brand mark; I did not look at the thwart.

Mr. Peatt. Did you ever see Doyle before? - No.

Prisoner Bath. About half after ten I was down at Execution-dock, and we wanted a boat to go down to Gravesend; and four men rowed in with a boat, and we asked them to give us a put over the water, and they told us we might take the boat, if we would bring it back in the morning; we were all going on board the Apollo, Captain Craig; we heard they wanted hands; these gentlemen boarded us in Long Reach; we did not know the pistol was in the boat till they took the lanthorn to look under the side bench.

PRISONER BATEMAN'S DEFENCE.

I cannot say no more than what he has said.

PRISONER WARNER'S DEFENCE.

I say the same.

PRISONER DOYLE'S DEFENCE.

I leave my case to the counsellor.

Mr. Peatt. My Lord, I have a number of very respectable witnesses.

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

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

ALL FOUR GUILTY .

Each transported for seven years .

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

Reference Number: t17870221-53

289. WILLIAM WHITE , alias LOISELLE , was indicted for feloniously

stealing, on the 25th day of January last, three wooden ink stands, with plated furniture, value 30 s. two plated candlesticks, value 5 s. one plated wax-light-holder, value 2 s. and fifteen glass-holders, value 5 s. belonging to our Sovereign Lord the King .

GEORGE COOPER sworn.

I am office-keeper to Lord Hawksbury's office, Whitehall ; Lord Hawksbury is president to the Board of Trade Office, about the 14th or 16th of January last, I missed a plated wax-holder from the said office; on the 23d of the same month I lost a plated ink stand, and a plated candlestick; they call them ebony ink stands, with plated furniture; on the 24th, I lost another ink stand with the same furniture; I lost three in the whole; on the 25th, I lost another ink stand, and a candlestick, between twelve and one in the day time; these things were in the office, they were in two private rooms, one is called my Lord's private room; on the 26th, the prisoner was found in a part of our office by a gentleman, who could not attend here; the gentleman called me to his assistance; I went for a constable, and he was committed for examination; on the Monday the things were advertised; on the Saturday, the things were found at Lane's the constable's.

JOHN SEWARDINE sworn.

I am clerk to the Lords of Trade; about three or four days previous to my being informed of these things being missing, I saw the prisoner in the passage leading from the room that is usually occupied by Lord Hawksbury, as a private room to the room where the committee sit; he avoided me, and said he wanted a Mr. Brown, but could not tell who he belonged to, but he was sent by some person, a clerk in the India-house; I directed him to the Secretary of State's-office; I had no suspicion of him at the time, but when I heard that the ink stands were missing, I thought of him; I described the prisoner.

JOHN ROOKE sworn.

I am a pawn-broker, in the Fleet-market; on Thursday, the 25th of January, the prisoner brought this ink stand to me to pledge; he said it belonged to Mr. White, in Newgate-street, he said he was at the door; I desired him to call him in, he went but never returned; and left the inkstand; I could find no such person; I advertised the ink-stand, and I saw a notice from Bow-street; I carried it there, and found the prisoner under examination.

JAMES ROBINSON sworn.

I live with Mr. Morris, a pawnbroker, in Rose-street, Covent-Garden; this candlestick was pawned at our shop, by a person of the name of Quin, who is admitted an evidence, in the name of Wheeler, on the 25th of January, for four shillings; I lent four shillings; the prisoner was not there.

THOMAS HILLARY sworn.

I live with Mr. Nash, a pawnbroker, Hollis-street, Clare-market; this ink stand was pledged the 24th of January last, for five shillings and sixpence, in the name of Wheeler, by Quin.

RICHARD WILLIAMSON sworn.

I live with Mr. Flemming, a pawnbroker, in Drury-lane, on the 20th of January, the prisoner pledged this candlestick for four shillings, in the name of William Brown , and said he brought it from a gentleman that lodged at his mother's in St. Martin's-lane.

RICHARD BLOXHAM sworn.

I am a stationer; I served the Board of Trade, I believe, with these ink stands; there is no mark on them, being sent in a hurry; we do not serve any private family with such.

WILLIAM PECKHAM sworn.

I am an ink stand maker; I made these three ink stands for Mr. Bloxham.

Mr. Bloxham. The same I received of Mr. Peckham, I took to the Board of Trade.

(Deposed to by Cooper.)

- QUIN sworn.

The prisoner brought me an ink stand and candlestick, to pledge for him, which I did at Mr. Lane's, and Mr. Nash's, and the flat candlestick at Mr. Morris's; I always understood the prisoner to be a foreigner, and I was educated abroad; I had no idea but they were honestly come by; I told him I hoped he was leading me into no error, and he assured me he was not; in a few days he brought the third, and I would have nothing to do with it; I never saw the fourth candlestick.

PRISONER's DEFENCE.

I was sent from the India-house by one Mr. Middleton; I went up a pair of great stairs, and a gentleman took me; I met a young man coming down.

GUILTY .

Transported for seven years .

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

Reference Number: t17870221-54

290. ROBERT SHIPLEY was indicted for stealing, on the 26th of January , one dead hare, value 3 s. the property of John Vaughan .

The prisoner was taken with the hare under his apron; he acknowledged having stolen it.

PRISONER's DEFENCE.

My wife and children having no victuals for four days, I did it through hunger.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-55

291. MARY WILSON and MARY NEWLAN were indicted for feloniously stealing, on the 19th day of January last, two linen shirts, value 4 s. one linen napkin, value 1 s. the property of John Smith .

MARY SMITH sworn.

I am wife of John Smith ; on Thursday three weeks, I saw the prisoner with some things; I run after her, and saw her drop them; that was the prisoner Newlan, a man picked them up.

MARY BAMBURY sworn.

I live at Mrs. Smith's house; I saw the prisoner Wilson going out of the street door, and I a shirt sleeve hang from under her cloak; I told Mrs. Smith, and she pursued her.

WILLIAM BROWN sworn.

I followed the prisoner Newlan, and she dropped the linen from under her cloak.

WILLIAM SADDLER sworn.

I saw the prisoner Newlan at the corner of Queen-street talking to a man; she went and met the other prisoner, and whipped something under her cloak, then they parted.

SARAH KETTLE sworn.

I saw the two prisoners together, and the prisoner Wilson went into Mrs. Smith's house; she came out in about ten minutes; she met the landlady, who said she had been up stairs to ask a question; then she called the other woman, and gave her the bundle; I am sure they are the same women.

(The things produced and deposed to.)

PRISONER NEWLAN'S DEFENCE.

I never saw the things.

PRISONER WILSON'S DEFENCE.

Mr. Brown promised I should not be hurt.

BOTH GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-56

292. REBECCA CHIP was indicted for stealing, on the 22d day of January

last, a silver watch, value 38 s. the property of Robert Johnson .

There being no evidence, but that of an accomplice, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-57

293. WILLIAM GROOME was indicted for stealing, on the 10th day of November, 1785 , seven live hens, value 7 s. the property of William Babb .

There being no evidence, but that of an accomplice, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-58

294. WILLIAM GROOME was again indicted for stealing, on the 30th of October, 1785 , one hundred and fifty pound weight of iron, value 50 s. the property of George Cook , Esq.

There being no evidence, but that of an accomplice, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-59

295. THOMAS DOWS was indicted for stealing, on the 16th of January , a looking glass, value 10 s. and divers others things, the property of Ann Owles , in a lodging room .

The property being wrong laid, he was ACQUITTED .

Tried by the third Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17870221-60

296. JAMES DAY was indicted for stealing, on the 3d of February , one pair of linen sheets, value 5 s. the property of Henry Sampson .

HENRY SAMPSON sworn.

I saw the prisoner in Darkhouse-lane; he said he was in great distress, and I having been abroad a great deal, I had a little compassion for him; I had seen him before, and I took him home, and gave him a lodging, and some breakfast and dinner the next day, and between one and two the constable came, and informed me he had stopped the prisoner and my sheets.

John Smith the constable produced the sheets, which he took from the prisoner at the clothes shop; they were marked H. S. 280. Kent-street.

PRISONER's DEFENCE.

I took them from another man in the street.

GUILTY .

Imprisoned six months .

Tried by the third Middlesex Jury before Mr. Baron THOMPSON .

Reference Number: t17870221-61

297. OWEN MURRAY was indicted for stealing, on the 29th of January last, one canvas tarpaulin, value 5 s. the property of Edward Scott .

The prisoner was found in a boat which had the tarpaulin in it; he said he was coming from on board a ship, and got into the boat, not knowing the tarpaulin was there; and it appearing that one man could not lift it, he was ACQUITTED .

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

Reference Number: t17870221-62

298. GEORGE SMITH and JAMES WAMSTEAD were indicted for stealing, on the 22d of February , two linen sheets, value 6 s one bed quilt, value 4 s. the property of John Gaywood .

ANN GAYWOOD sworn.

I lost two sheets; they were pulled off the line in the garden.

JOHN GAYWOOD sworn.

I found the quilt on the dunghill, and I put it there again, and one John Spiers watched, and stopped the prisoner Wamstead, who ran to the dunghill, and took out the quilt; I pursued him, and he dropped it; the quilt was put under a willow-tree, under a load of dung, covered up with some long straw, nobody could see it; I saw him take it from under the straw; the other stood by.

JOHN SPIERS sworn.

Confirmed the above.

ROBERT READS sworn.

I saw the two prisoners walking together, and saw them at stop a little wooden-bridge, close to the prosecutor's house.

PRISONER WAMSTEAD'S DEFENCE.

I went to ease myself, and saw something lay white, and it was this quilt.

GEORGE SMITH , NOT GUILTY .

JAMES WAMSTEAD , GUILTY .

Transported for seven years .

Tried by the third Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-63

299. JOHN NICHOLLS was indicted for stealing, on the 12th of January last, one quart pewter pot, value 18 d. and one pint pot, value 1 s. the property of Samuel Underwood .

The prisoner was taken with the pots in a bag under his arm.

GUILTY .

Whipped .

Tried by the third Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-64

300. WILLIAM KIMPTON , WILLIAM MASH , and RICHARD RUSHIN were indicted for feloniously stealing, on the 8th day of February , thirteen weather sheep, price 6 l. 10 s. the property of the Honourable Charles Fitzroy , commonly called Lord Southampton .

(The witnesses examined separate.)

JOHN STRUT sworn.

I am servant to Lord Southampton, at Fitzroy Farm, in the parish of St. Pancras ; on Friday, the 9th of this month, in the morning, about seven o'clock, I was told there were thirty-six sheep in Hampstead-lane, belonging to Lord Southampton; then I drove these back again, and went and counted those in the field, and there were thirteen wanting; they were Welch weather sheep; they were very good meat; my Lord had hand bills published; there was no marks on the side of them, but there was one, a very remarkable black sheep, with his ears cropt, the sheep were marked in the horn some R W some I W; no ear marks at all; some had no horns, and the tops of their ears were cut; I have known them there above this half year. The Green Man, at Muswell-hill, is about a mile, or a mile and half, from our house.

JAMES GIFFORD sworn.

I am a butcher, at Rederiff: on Wednesday, the 7th of February, in the evening, I had some business at Bermondsey workhouse to receive some money; I serve the house with meat; I met the master of the house at the door, he said the bill was come too late, he had nothing for me that night; the master of the work-house went with me to the Cooper's-arms, a public house opposite, kept by the prisoner Kimpton; my business there was to enquire why I had no money that night; I called for a pint of porter, and left the master of the work-house there; when I returned to this Cooper's-arms, I sat there some time, and the prisoner Kimpton came in, he sat down in the box where the master of the work-house, whose name is Driver, and I were; he said he was very tired with a long walk almost to Craydon; and that on Friday, he should

have a much longer one, for he was going round the country by Finchley Common to buy skins, which he did once a month; there was a young man, he called Joe, I believe his name is Mash; he was in a white frock; he is not one of the prisoners; and Kimpton said to him, Joe, you have some sheep to sell, have you not? and Joe answered, yes, he had; I asked him how many; he said nineteen; I never saw him before; he said he should sell but ten of them; I asked where he lived; to the best of my remembrance he made answer, he lived about half a mile from Finchley-common, but I am not sure; I asked Kimpton what time he went on Friday round Finchley-common to buy skins; he said he should go very early in the morning; and we made an appointment to see the sheep at the Green-man, on Muswell-hill, on the Friday following, at half after one; this conversation was all on the Wednesday evening; that was all that passed that day; on the Friday, about a quarter after one, I was at the Green-man, nobody came; I waited till almost two; then the prisoner Rushin, and Joe Mash (who is not here) came in with some beef-steaks in their hands; I asked them where Kimpton was; they said they had seen him, and he was gone round to buy some skins, where he used to buy them; they said there was no occasion to wait dinner for him; so me, and Rushin, and Joe dined together; and after that Mr. Kimpton, William Mash , and another came in, that was near upon three; all the three prisoners were there; then we went to see the sheep; I asked them where they were; one of them, which I believe was Rushin, said, a little way off, two or three fields; and Kimpton, Rushin, and Joe Mash went with me to see the sheep; I am positive they all went; the old man staid at the public house, we went across the fields, and found the sheep in a lamb-house; there were thirteen Welch weather sheep; they had no marks on any of them, but there were two black ones that were remarkable; some of them, a few, were in good order; we drove them into a small place in the lamb-house, the pen where they suckle the lambs, on purpose to handle them; I got in and handled them; the prisoner Kimpton came up to the pens with Rushin and Joe Mash ; I asked them the price of ten of the sheep; Rushin asked me fifteen shillings a-piece for them; at the same time Mr. Kimpton put his hand over the pen, and asked me if I bought the sheep what the skins were worth; I told him about eighteen-pence a piece; I told Rushin I should not buy them, for I would not give any such price as fifteen shillings a-piece for them; I told him he might turn out the ten again, for I was certain I should not buy them: and one of the three, I cannot say which, turned them into the pen again; then we went back to the Green-man; going along, about halfway, I asked Rushin what I should give him for the whole thirteen; he told me twelve shillings a piece; I offered him half a guinea a-piece; he said he would take no less than twelve shillings; we returned to the Green-man; we sat down, and drank for some time before we mentioned any thing further about the sheep; I asked him if I should have them for half a guinea a-piece; there was at the Green-man, the old man and a young man, who came for a walk; Joe was with us; Rushin said no, no less than twelve shillings; then I bid them seven pounds for them; and Rushin told me I should have them for seven guineas; I told him I would give him no more; Kimpton said to Rushin, if you buy the sheep of Gifford, if Gifford and you deal, I have a parcel of halfpence, he said about two pounds worth, which he must take, as they would be burthensome, as he had not bought any skins; then Kimpton said to Rushin, what you do, do quickly; then Rushin said, I should have them at the seven pounds; Mr. Kimpton pulled out of his pocket some papers of half-pence, and gave to Rushin; I told him I would not pay him for the sheep then, for I had none but light money, but to bring them down to my house the next day, and I would pay for them; Joe Mash said hedid not know where I lived; I said not far from Mr. Kimpton's, and you know where Kimpton lives; Joe Mash said he would take them to Mr. Kimpton's house the next day; I told him that would do, having some business at the work-house, and I would send my boy about three in the afternoon: the next day, about one o'clock, Joe Mash and Rushin came to me; Kimpton was not with them; I asked them where the sheep were; Mash made answer, that they were at Kimpton's; I asked them why they did not bring them to my house; Joe said he was afraid they would run away; he did not like to bring them over the way; I asked them to eat some dinner; I sent my boy for them; I paid Kimpton for them; I laid the money on the table.

What is your boy's name? - John Cornish .

You laid the money on the table, I think you say? - Yes, I laid down seven guineas, and Kimpton gave me seven shillings in change.

What did he do with the seven guineas? - I cannot tell.

Did he take them up? - I cannot say, one or other of them took them up; there was only us in the room; I have since seen the sheep at my house; I sent them to Smithfield with some more that I had, to Mr. Robert Cook , the salesman; I have seen them at Lord Southampton's.

Are you sure those are the sheep that you saw at Lord Southampton's that you bought of Rushin? - Yes.

How many were there? - There were twelve.

What became of one of them? - I heard say the man who bought them at Smithfield killed one of them; the person who bought them, his name is George Carr .

The old man Mash said nothing at all to you about the sheep? - No.

Mr. Garrow. Mr. Gifford, I take it for granted, that you kill a good many sheep? - Yes.

You did not kill any of these? - No.

You sent them publickly to be sold at Smithfield? - I did, I did not suspect them to be stolen; I have known Kimpton about four months; he keeps a public house, and besides that, collects skins about the country.

As I understand you, he felt the skins to see what they were worth if he bought them, and then emptied his pockets of two pounds worth of halfpence? - Yes; when he was doing all that, he said do it quickly; it was about four, and he was to return home; he then gave a considerable quantity of halfpence to Mash.

When the sheep came down, this man Kimpton had a lien upon them for some time for the two pounds? - Certainly.

During the whole conversation were they not treated as the property of young Mash? - I understood it so.

So that during the whole transaction they were treated as his sheep? - Certainly, I took Rushin to be the brother of Mash.

Did not Rushin only appear to be assisting Mash in disposing of his property? - No, Mr. Kimpton said they were two brothers, and I concluded Rushin to be the brother, by his giving me the price of the sheep.

At what time was it that you met at Muswell-hill? - At half after one.

During the whole business, did Kimpton act as if they were his sheep? - No, he did not.

Kimpton lives directly opposite the work-house? - Yes.

Is there a court yard before his house? - There is; I did not see these sheep there.

Court. He did not say they were his sheep? - No, I understood by him they were two brothers.

JOHN CORNISH sworn.

I am servant to Mr. Gifford, the butcher; on the 10th of this month I went to Kimpton's for the sheep; I found them in the yard facing the house; it is a skettle ground; I told Mr. Kimpton I was come for the sheep, and he asked me if I

would have any thing to drink: I thanked him, I said I had rather not have porter, I had just dined, I had rather have a glass, and he gave me a glass of peppermint; then he told me he had made an agreement with my master for the skins; I took the sheep home, and they were afterwards taken to Cook, the salesman, on the Sunday afternoon.

Mr. Garrow. This skettle ground is an open place opposite the house, opposite the work-house? - I believe it is; I did not deliver the sheep to Cook.

Court. This skettle ground is not at all fenced either way? - Yes, it is fenced off from the highway, higher than any one can look over; the sheep were within the inclosure.

GEORGE CARR sworn.

I am a butcher; I live in St. George's market, Oxford-road; I purchased some sheep on Monday was week.

How many? - Thirteen.

What kind of sheep? - Little Welch weathers; they were sent home to my house; I killed one, and on Wednesday I sent them home to my Lord's; I delivered them to the drover to take them where they came from; my Lord's steward came to my house, and told me to send them home.

Strut. I know this witness, I went to his house on Monday, the 13th, at half past ten at night; I found twelve sheep, and one was killed; I went down, and there was a candle, and this little cropt sheep; I saw it, and said that is my Lord's property; I cannot say to the one that is dead; I felt him in the ear without the candle, and I said I am sure it was his sheep; then they brought the candle again, and I looked them over, and I am very positive they are my Lord's property, all of them; they were sent home to my Lord's on Wednesday.

Gifford. You went to my Lord's farm I understand? - I did; I saw the same sheep at my Lord's which I had bought of the man; I had put a mark upon them.

Mr. Garrow. How much did you receive for these sheep? - Nothing at all.

How much did Carr agree to give for them? - Fifteen shillings a-piece; that is nine pounds fifteen shillings; I kept them from Friday to Sunday in my open yard along with the rest of my sheep.

Were they bought within ten miles of London? - I do not know how far it is; I never was there in my life.

Do you not know it is not more than five? - I never measured; I do not know; I went on horseback; I do not count the mile stones as I ride.

I ask you, now, upon your oath, do you believe that it exceeds five miles; do not you know that it is but four miles and a very little bit? - Upon my oath, I do not know how many miles it is; I cannot tell how long I was riding there and coming back.

Do you believe it is more than four miles and a quarter? - I cannot tell; I never was there before.

Do you believe it is ten miles? - I do not imagine it can be ten miles.

Come, Mr. Gifford, was not you taken up for this yourself? - No, I was not, upon my oath; I was not committed for further examination, I was never in custody of an officer about it.

Court. As to the prisoner Mash, I shall not call upon him to make any defence, there is no evidence at all to affect him.

PRISONER KIMPTON'S DEFENCE.

On Monday we proposed to meet at Muswell-hill, between one and two; I could not get my business done, I met Mr. Gifford at three, after that I had a mouthfull, of victualls, then we went down to look at these sheep; when we came to the sheep, they were in a lamb house; Gifford went in, and he said to the prisoner Rushin, what do you ask for ten of them? he said, fifteen shillings, or sixteen shillings; Gifford said, here are ten nice half guineas, I will give you for ten of them; he said, you shall not have them; Gifford came out to me, and said, what do you think

these skins are worth? I said, not above eighteen pence a-piece; Rushin took them into the field; he came after us, and asked us to have them; there was no answer made for some considerable time; it was near five before they had done; I was talking to the landlord about this house; I told him I should be very glad to embrace the opportunity to have the house; he put down my name; he said, he should be at the brewhouse on the Monday or Tuesday; I went to my father-in-law to enquire about it, as another person had engaged it, and I was taken on Wednesday.

PRISONER RUSHIN'S DEFENCE.

Joseph Mash came to me, and asked me to look at the sheep, says he, you are a better judge than me; I said, I cannot go yet, I have some work to do; I went about one, then he came to me again, and I went with Joseph Mash , to Muswell-hill; then this Mr. Gifford was there; he said, you are come, where is your sheep? we had some dinner; he said, where is Kimpton? says Mash, I cannot tell, he was to be here, and is gone to sell some skins; then we dined, and Kimpton came in, and had a bit after us; then we went and looked at the sheep; the butcher asked the price of them; Joe said to me, set a price on them; I said, they are worth fifteen shillings apiece; he said, I will not have the whole, I will have ten, and I have got ten nice half guineas in my pocket, I will give that for ten of them; I said, they are worth more than that, let them run out in the field; so going along about half way on Muswell-hill, Gifford asked me what he should give for the whole; I said, they were worth twelve shillings a-piece; we staid drinking at Muswell-hill an hour or two, and he offered seven pounds; I said, no, they are worth more than that; Mash says to me, sell them if you can; I made no answer; Joe said, if you can make seven guineas, let them go; I asked him seven guineas; he said, he would not give any more; I said, it was nothing to me; Joe winked at me, as much as to say let them go; then I told Gifford he might have them; that is all I know about it.

ROBERT DRIVER sworn.

I am master of the work-house; I have known Kimpton five years; he is a fellmonger by trade, and like wife keeps a public house.

Do you remember being at his house on the 7th of February? - Yes.

Do you remember seeing a man of the name of Mash there? - I do not know the man's name who was there at the same time, Mr. Gifford and me went together; Mr. Kimpton was not at home; and when he came in, the young man said to him, when do you come out way? he said, on Friday next, that is my day, you know I come that quarter every month, if it is a fine day; Kimpton then asked him, if he knew of any quantity of skins round that quarter; for he bought a great many skins; and the young man said, he believed that he might, and he had a few sheep which he intended to sell; that they were good meat; says he, do you know any body that will buy them; no, says he, I do not, but this gentleman, pointing to Gifford, he is a butcher; then Mr. Gifford spoke, how many sheep have you for sale? the young man replied ten or eleven that are meat; that was the word, that are meat; Gifford asked him what sort of sheep they were; the young man replied, they were small sheep, of the Welch kind; then Gifford asked him, whereabout the price should be; the young man said, fourteen shillings or fifteen shillings; Gifford then asked where they were; and he mentioned a farmer's name; but I do not recollect, I cannot charge my memory with the name; but he said, near the Green Man, on Muswell-hill; Gifford then spoke to Mr. Kimpton, says he, I will give you a ride, I will take my chaise and go down along with you, and we will buy the sheep; Kimpton was very agreeable to that; Gifford recollected it was Smithfield market day; hold, that will not do, says he, I must attend Smithfield market;

then he appointed to meet Kimpton at the Green-man, at half after one, and said to Kimpton, as you have many places to call at, take a pound of steaks in your pocket, and I will meet you at the Green-man, at half past one; then Gifford called for a pen and ink, and made a minute of it.

Am I to understand you, that in all this conversation, this third person was the only person that took a part in selling the sheep? - I understood it so; I have known Kimpton several years, as honest a man as ever lived in the parish; I never heard any man speak against him in my life; I have bought my porter of him some years.

Did you hear Gifford say any thing about the distance of Muswell-hill? - I cannot charge my memory about it; I think they did say something about seven miles, but I am not sure.

Court. You say the young man asked Kimpton when he should come their way? - Yes.

Then they knew one another, I imagine? - By that they did.

You never saw that young man before? - Not to my knowledge.

SAMUEL SPURRIER sworn.

I was at the Cooper's Arms, with the last witness; I was there before he came in.

What business are you? - I belong to the Custom-house.

What conversation was there when you was there? - About seven or eight, this Kimpton came in, and this Mash, and Mr. Driver, and Mr. Gifford the butcher was sitting, and I sat next to him, and when Kimpton came in, the young man spoke to him, and asked when he should come their way; I never saw the young man before to my knowledge; Kimpton said, I shall be there on Friday; you know Friday is my day; Mr. Kimpton asked him if there were many skins about that quarter; the young man said, he believed there were a pretty many lamb skins, and that he had some sheep to sell; then he asked Mr. Kimpton if he knew of any body that would buy them; he said, no, but the gentleman, Mr. Gifford, that sat by Mr. Driver, was a butcher; Gifford asked him how many and the price; and the young man said, there was ten or eleven, at fourteen or fifteen shillings; then he asked him what place, and I think he said, they were in farmer Jordan's grounds, Muswell-hill, by the Green-man; but I will not be positive; then Mr. Gifford said, I will put my horse in my chaise, and we will ride down there; Gifford said, it was Smithfield market morning, and he could not go; then Gifford said, he would take his horse to Smithfield, and after the market was over, he would meet him at the Green-man, at Muswell-hill, and desired him to take a pound or two of steaks in his pocket, and meet him at half after one; Mr. Gifford called for a pen and ink and made a minute of it; I have known Kimpton between two and three years; his general character has been an honest upright man.

FRANCIS GRAYSON sworn.

I am an apprentice to Mr. Warren, a leather-dresser, in Five-foot-lane; Mr. Kimpton is a leather-dresser; I went with him to Muswell-hill, the 9th of February.

What did you go for? - To take a walk.

What business did you go upon? - I did not go upon any business, he went to buy some skins, and I went with him to some farm houses, and some gentlemen's houses where they kill their own meat; and I saw him buy several skins, and pay the money for them.

Can you give any thing like a guess how many skins he might buy that morning? - No, I cannot, he bought so many; he was on foot; we both walked together.

Do you think he might buy twenty? - Yes, more, sheep and lamb skins together.

Did he take the skins with him? - No, Sir, not at all places; from some he did; and when he had got a few together he left them at farm houses; it was between two and three when we got to the Green-man; we had been from between six and seven to that time buying skins; there was no conversation about sheep that I heard; when we went in there was Mr. Gifford, and several other people; they went out to look at these sheep, and when they returned, they differed in the price, one man spoke very low; Mr. Kimpton did not bargain with this man; he was in discourse with the landlord about three parts of the time he was there; he had no conversation with Gifford in my hearing; I lived with Mr. Warren five years in the neighbourhood of Kimpton; I always heard a very good character of him.

You bought several skins that morning? - Yes.

But not one was carried to the Green Man? - No.

Who went to the lamb field? - Mr. Gifford and three other men; I staid with another man in the public house; we were the only two that were left.

Court. Do you recollect the names of any of the farmers, at whose houses you and Kimpton were? - Yes, Sir, there is Mr. Clewin, a farmer at Finchley, and Mr. Jordan; I cannot say I recollect any other; I remember these men very well.

Mr. Knowlys. Did you hear the young man ask Gifford where he was to bring them to? - Yes, when we came out of the door, Gifford asked the young man whether he knew where I lived; he said, no; Mr. Gifford asked him if he knew where Mr. Kimpton lived; he said, yes; then Gifford said, if you send him to Kimpton, I will send for them by three o'clock.

Have you heard what Gifford has said, he has said this, that the young man did not know where he lived, and he told him, he did not live far from Mr. Kimpton's; was not that what he told you, upon your oath? - I did not hear him say so; I did not hear a word about sheep, whether it was about sheep or lambs, I do not know.

Did Kimpton and that young man seem to be acquainted? - No, Sir.

JOHN FRANKLIN sworn.

I am a barber; I live near to Kimpton over the way; I remember some sheep coming to Kimpton's yard; it is a skettle ground and yard together; it is a common place for people to go through to the public house; every body that went to the public house must see them, but they could not without they went into the tap-room; the prisoner Kimpton bore a good character; I have known him a year and half.

The prisoner Kimpton called five other witnesses who gave him a very good character.

The prisoner Rushin called one witness who gave him a good character.

ALL THREE NOT GUILTY .

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

Reference Number: t17870221-65

301. CHARLES JOHNSON 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, a red morocco pocket book, value 12 d. and a man's hat, value 3 s. his property.

NOT GUILTY .

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

Reference Number: t17870221-66

302. CHARLOTTE WALKER was indicted for stealing, on the 13th day of February , two half guineas, and one

guinea, the property of Joseph Gayton , privily from his person .

NOT GUILTY .

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

Reference Number: t17870221-67

303. MARY POLDEN was indicted for stealing, on the 6th day of February , two pewter quart pots, value 2 s. the property of Peter Dawson .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-68

304. GEORGE ANDREWS was indicted for burglariously breaking and entering the dwelling house of James Grey , on the 26th of January last, and burglariously stealing therein, one wooden cask, value 12 d. containing four gallons of a certain liquor, called geneva, value 20 s. half a pint of peppermint, value 2 d. his property .

NOT GUILTY .

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

Reference Number: t17870221-69

305. JOHN BEARD was indicted for feloniously stealing, on the 13th day of January , one sucking pig, value 2 s. the property of Thomas Sanney .

NOT GUILTY .

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

Reference Number: t17870221-70

306. JOSEPH MATTHEWS was indicted for feloniously assaulting William Capslack , Esq ; in his dwelling house, and putting him in fear, and feloniously taking from his person and against his will, two guineas, his property .

A second count, Laying it to be the dwelling house of Gregory Cameron .

The prosecutor not appearing, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870221-71

307. DAVID JACOBS was indicted for feloniously stealing, on the 5th day of January last, an hundred and sixty eight steel buckles, value 18 s. the property of John Harris and John Rankin .

The prisoner offered the buckles to sell some days after they were lost, but there was no evidence of his stealing them.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870221-72

308. WILLIAM HUGHES was indicted for feloniously stealing, on the 2d day of February , one feather bed, value 20 s. a wooden bedstead, value 10 s. a pair of sheets, value 6 s. two blankets, value 4 s. a bed quilt, value 2 s. a bolster, value 12 d. a window curtain, value 6 d. the property of William Allen , the same being in a certain lodging room, in his dwelling house, let by contract to him .

NOT GUILTY .

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

Reference Number: t17870221-73

309. RICHARD CHEER was indicted for burglariously breaking and entering the dwelling house of John Nicholl , about the hour of three in the night, on the 27th of January last, and burglariously

stealing therein, seventy pounds weight of bacon, value 30 s. eighty pounds weight of butter, value 40 s. twelve pounds weight of green tea, value 50 s. his property .

And CHARLES FRIME otherwise FRAME was indicted for receiving the same, knowing them to have been stolen .

There being no evidence but the confession of the prisoner Cheer, which was obtained under promises of favour, the prisoners were both ACQUITTED .

Reference Number: t17870221-74

310. RICHARD CHEER was again indicted for stealing, on the 23d of December last, two cloth coats, value 20 s. three waistcoats, value 16 s. two pair of corderoy breeches, value 15 s. two cotton gowns, value 20 s. one callimanco gown, value 6 s. the property of John Fuller , in his dwelling house.

And CHARLES FRIME otherwise FRAME was indicted for receiving the same, knowing them to have been stolen .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-75

311. WILLIAM HARVEY was indicted for feloniously stealing, on the 14th day of January last, two twelve feet inch deals, value 2 s. 6 d. the property of John Gifford .

The prisoner was taken with the deals, on Sunday evening, which were deposed to.

GUILTY ,

To be privately whipped .

Tried by the third Middlesex Jury before Mr. Baron THOMPSON .

Reference Number: t17870221-76

312. ELEANOR WELCH was indicted for feloniously stealing, on the 16th of January last; one stuff gown, value 2 s. an apron, value 10 d. a silk bonnet, value 1 s. a silk cloak, value 1 s. the property of Ann Frost , spinster, and one cotton counterpane, value 1 s. the property of James Cummings .

NOT GUILTY .

Tried by the third Middlesex Jury before Mr. Justice GROSE.

Reference Number: t17870221-77

313. JOHN TRUEMAN was indicted for stealing, on the 16th day of February , one gold laced hat, value 14 s. the property of Isaac Lazarus .

NOT GUILTY .

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

Reference Number: t17870221-78

314. HENRY MARRIOTT was indicted for feloniously stealing, on the 13th of December last, one oil-stone, value 2 s. and one hand saw, value 2 s. the property of Thomas Sallaway .

GUILTY, 10 d.

Privately Whipped .

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

Reference Number: t17870221-79

315. THOMAS SANDWICH was indicted for feloniously stealing, on the 10th of February , one iron scraper, value 18 d. belonging to James Cumberland Bentley , then and there belonging to a building, occupied with a dwelling house, having no title thereto .

This scraper not appearing to be fixed to any building belonging to the dwelling house, the prisoner was ACQUITTED .

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

Reference Number: t17870221-80

316. DAVID KINCAID was indicted for feloniously stealing, on the 24th day of January last, six silver tea spoons, value 5 s. one silver milk pot, value 5 s. one pair of silver tea tongs, value 5 s: a cotton gown, value 8 s. one linen gown, value 5 s. two frocks, value 3 s. one pair of stockings, value 1 s. a skirt, value 1 s. two shifts, value 1 s. a half handkerchief, value 1 s. a towel, value 3 s. and a box, value a halfpenny , the property of Henry Johnson .

(The witnesses examined apart.)

HENRY JOHNSON sworn.

The things that were stolen, are my property.

(A little child set to the bar.)

How old are you? - Going of eleven.

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

What do you understand by it, my girl, suppose you should speak false, what will become of you? - Sir, I shall go to the wicked place.

You understand then it is a sin to speak falsely? - Yes.

Can you say your catechism? - No, Sir, I do not say it, I go to meeting.

Do you think you are bound, if you take an oath, to speak the truth? - Yes.

What will become of you if you do not speak the truth? - I shall go to a very wicked place.

SWORN.

Sir, I was going to school, and I saw a man at Mr. Johnson's.

What day was it, can you remember? - No, Sir, I cannot rightly.

Can you tell what day of the week it was? - I cannot.

How long ago was it? - I cannot remember, I saw a man by the fire place in Mr. Johnson's house.

How came you to see him, where were you? - I was peeping in at the window as I generally do; I live in Church-lane, Whitechapel, with my father; about two in the afternoon, I was going to school, I saw a man putting something in his lap, I could not see what it was.

What did you see more? - I saw him go on tip-toe to the door, and go into the little back room; then Sir I pulled off my pattens, and went up two pair of stairs to Mrs. Johnson, and asked her whether she had the key of the door; I did not stay a minute with Mrs. Johnson; she run down stairs, and I run after her; I told her there was a man in her room packing up her things; then I went away, I did not see the things so as to be able to know what they were.

Court. Had you ever seen the man before? - No.

Have you ever seen him since? - I saw him at the Rotation-office.

How long afterwards was it that you saw him at the Rotation-office? - I cannot rightly tell.

Did you know him when you saw him again? - Yes.

Should you know him if you was to see him now? - Yes.

Then look round the Court, and tell me if you can find him any where? - Sir, that is him.

Are you sure you know him again? - Yes.

Mr. Garrow. My little girl, how long was you at the window? - About five minutes.

Was there a fire in the room? - Yes.

This man that you saw there was taking things off the chimney piece? - He was taking things off a chair, and putting them into his apron.

Was there ever a window blind? - No, Sir, there was a curtain, but there was a little bit that I could peep through.

How big might that little place be? - About so broad. (Six inches.)

Had the man his back towards you, or his face? - His back was towards me.

Had he his hat on? - Yes.

Was he quite a stranger? - Yes.

Do you recollect how long it was before

you saw him at the Rotation-office? - I was fetched almost directly the same day.

Who fetched you? - A gentleman.

Did the gentleman tell you that they had got the person that stole the things? - I saw the person, and I knew him as soon as I saw him.

Was you examined before the Justice? - Yes.

Are you sure of that? - Yes.

Was you sworn? - Yes, I was sworn before Mr. Justice Staples.

Was that the first day? - Yes.

Recollect yourself, consider a great deal depends upon it to this poor man; are you sure that is the person you saw; it is a very serious thing? - Yes, Sir.

Look again? - I am quite sure it is him.

Was you frightened at all? - Sir, I cannot say I was very much frightened.

You was a little? - I was a little.

If his back was towards you, how did you know him again when you saw him? - Because he had curled hair.

How long afterwards was it when he was taken? - I cannot say.

Where was he? - He was going down the Mulberry-gardens.

Did you see his face then? - No, Sir, I was not nigh him, I was sent for to the Justice's the same day, soon after he was taken.

When he was taken, did you see the colour of his clothes? - Yes.

What were they? - A sort of a brown.

Did you see him come out of Mrs. Johnson's? - No, Sir.

How did you know he was the same man? - Because it is, and I know it is.

What did you know it by? - Because he had a black apron on; I saw the apron when he was putting the things in it; he had the apron by the corners.

( John Sharp and William Howard called, and not appearing, their recognizance was ordered to be estreated.)

ISABELLA BLAKE sworn.

I was in the room with Mrs. Johnson when the child came up; I live up stairs in the same house; Mrs. Johnson went down, and I opened the window directly, and saw the prisoner come out of the street door with the property in his apron; I hallooed out stop thief, and he was never out of my sight till he was taken; then Mrs. Johnson ran out, and he was taken before she got to him; I saw him taken, I saw him drop the property when John Sharpe took him.

What did you see him drop out of his apron? - A couple of gowns, and a couple of shifts, and a towel, and a half handchief, and a little Christmas box, and half a guinea in it; I saw the half guinea after Mrs. Johnson brought it home; there were other things thrown out, but I did not see them.

Look at the prisoner, and tell me whether you are perfectly sure he is the man? - I am perfectly sure, but he has not the same clothes on.

But you know him again? - Yes.

What colour were his clothes? - Something of a brown; I am very sure he was the same man; Mrs. Johnson had the things.

Mr. Garrow. You live up two pair of stairs? - Yes.

Does there happen to be a padlock to your house? - No, Sir.

No projection over the door? - There is a very little bit.

Did you see fairly and honestly all you represent? - I did.

MARY JOHNSON sworn.

(Produces the things.)

Did you see these spoons taken from the prisoner? - I saw him drop them out of his hand.

Where was he taken? - By the Mulberry-gardens. (The spoons deposed to.) I have had them a great while; I saw the linen drop; Mr. Sharp laid hold of him

by the collar, and he threw down the things; he desired Sharp to let him go, that the woman that was following him had got a warrant against him, and Sharp said he would not let him go; the prisoner was taken to the Rotation-office, and was committed.

PRISONER's DEFENCE.

I am a lad that works hard for my living; I had been at my uncle's, the bottom of Gravel-lane; it was a cold day, and I was making haste home, when these men took me.

DAVID KINCAID sworn.

I am the father of the prisoner; two words, and I have done; all that I have to say is, that from his infancy, he has never given me an ungrateful word, and he has never to my knowledge swore an oath; and as to my family, and all appertaining to me, we are a blameless family, well known to hundreds, but ashamed to let the cause be known; it is the first time that ever any thing of this kind came on our family: my friends are all aged gentlemen; they were here two days, but they could not come up so early in the morning: my son was with me three years, and was on board the Scepter, under Captain Graves , and came to Portsmouth, was paid off, and returned to my house, where he has been with me ever since.

GUILTY .

Prisoner's father. For all the lenity shewn, if it is consistent, under my care I will be ever bound to take him, but I would be submissive to all men; it you permit him to return to my family, after the character which several friends will give, there is a breach of the law no doubt; but if I was the least doubtful that he would return a second time to folly, I would rather he was sent out of the country: in a month I could get him to sea, or in the course of a week, and not a minute shall be lost.

Privately whipped , and discharged.

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

Reference Number: t17870221-81

317. JOHN BECKETT and THOMAS STEVENS were indicted for feloniously stealing, on the 11th day of January last, two hundred pounds weight of lead, value 28 s. belonging to Robert Bare and Thomas Graffer , against the statute.

A second count, For feloniously stealing, on the said 11th of January, two hundred pounds weight of lead, value 28 s. belonging to Jonathan Man , against the statute.

A third count, For feloniously stealing, on the said 11th day of January last, two hundred pounds weight of lead, value 28 s. belonging to one Abraham Adams , affixed to a certain building of his, against the statute.

A fourth count, For feloniously stealing, on the said 11th day of January last, two hundred pounds weight of lead, value 28 s. belonging to one Peter William Brace , Esq ; then affixed to a certain building of his against the statute.

A fifth count, For feloniously stealing, on the said 11th day of January last, two hundred pounds weight of lead, value 28 s. affixed to a certain building, belonging to persons unknown.

JOHN ROBSON sworn.

On the 10th of January, I went to the building called the Circus, near Portman-square; there had been lead taken from the place several times, and I went with intent to detect the persons; it is a circular building, rather oval; it is meant for dwelling houses; it is not finished; it is not one building; but consisting of several houses together; this lead was taken from off these houses.

Do the two houses belong to the same person? - No.

Then you must give evidence of one of them only? - I only can tell who the houses belong to, by the information I had given me from Mr. Adams's clerk; his name is Samuel Wild ; I walked along the front of the Circus till I met the prisoner Stevens; that was a little past seven; it

was just light, he went into the center house with one Thomas Simms ; I then went home and left my man Richard White to watch the front of the Circus, and being informed by White that Becket and Simms had gone in there, I sent for Mr. Adams's clerk; we could hear them cutting with a saw, and beating; I went to the skylight, and looked down; I cannot say I could see them, I was too fearful of their seeing me; I thought it was the best way to go and take them at work; I went up a second time, and the shortest was sitting at the front of the ladder, and this Beckett, and Simms, who is not yet taken, was sawing the lead; that I saw through the skylight; Beckett was holding up the lead, and Simms was sawing it.

RICHARD WHITE sworn.

About half past six in the evening, I was watching along with Robson in the center house of the Circus; in Simms's house; the door of the house was open when I came there; there was only me, Mr. Robson, and another; we found the two prisoners in Simms's house; they were taking the lead out of the hole in the staircase; it was hid in the bottom of the well hole; after we had taken them we carried them to the watch-house.

Was Robson with you at this time? - I forgot that part, my Lord, what I told you, is what happened in the morning.

Was there any lead found upon them? - Yes, it was carried down to the Rotation-office directly afterwards.

What became of the prisoners afterwards? - They went to prison I believe, and there was a further examination.

Mr. Robson. I went into the house to see if I could find the lead; that was about half past eight in the morning, or a little better; I went all over the house, and could find only one piece of lead; I came out again, and informed Mr. Adams's clerk, and about ten I saw Simms, who is at large, come along the front of the house, and he came out again; I met him and clapped my hand upon his pocket to see if it was lead, but it was not; I then went a second time to the house, and in the well-hole there was a parcel of shavings lay, and there I found a piece of lead covered with shavings; I told Mr. Wild, and appointed to meet them when they came to take it away; he did not come, but he sent one John Williams , and I went with my man John White ; we had not been there above an hour, till the two prisoners came in, and Beckett said to Stevens, now, we will take it; they went past us; I caught hold of them both, and they were carried to the watch-house.

Why did not you tell us all this before? - I made a very great fault to be sure. I matched the lead; it was taken from two of these houses; but there was no name to them; the one was the fourth house.

Court. There is no evidence before us at present of whose property this lead was, or who the houses belonged to? - Nobody knows to whom they belong.

Prisoner Stevens. I think it is very hard we should be tried on such evidence.

PRISONER BECKETT'S DEFENCE.

I know the young man who is son to the owner of this house; he works in the house; I wanted to see him that evening; it was about half after six; I enquired of his sister, and she said, he was just gone round to move his tools; we went to speak to him, and they took us.

The prisoner Stevens called five witnesses, who all gave him a good character.

BOTH GUILTY .

Each Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-82

318. JOSEPH JENKS and ROBERT JENKS were indicted for feloniously stealing, on the 13th day of February , eight dog skins, value 30 s. the property of John Matthews .

JOHN MATTHEWS sworn.

I am a currier : on the 10th of this month, I lost some dog skins, about six, they were hanging in a back shed to dry; I missed them about eight; I did not see them taken; on Wednesday morning, the 14th, I was sent for to Mr. Badland's, and saw my skins at the Justice's; they were marked with an iron mark; I am sure they are mine.

JAMES BADLAND sworn.

I am a shoe-maker; on the 13th, about six in the evening, the prisoner Joseph came to me, and said he knew a person had some dog skins, who was in trouble, and I might have them as a bargain; I said if they were honestly come by, I would buy them; I have seen the prisoner Joseph before; he is a shoe-maker; he came again between eight and nine, and brought the other prisoner with him, and Robert pulled them out of a bag, and asked nineteen shillings for them, and I saw Mr. Cooke, and he said they were stolen, and belonged to Mr. Matthews; the prisoners wanted to get away, and we secured them; the tall one and me fell down in the street; he got clear of me, and run down the lane, and was stopped.

Did they tell you how they came by the skins? - No.

(The skins produced and deposed to.)

PRISONER JOSEPH'S DEFENCE.

I had been at work all day, and I went out with a pair of shoes for my master; I told him I was going home; he said, I should be obliged to you call on a Mr. Gray; and coming home, in the field near the Dog and Duck, I picked up the bag with these skins; I kept them till Tuesday; I thought they would be advertised; I carried some to Mr. Badland's, and he said they were stolen.

PRISONER ROBERT'S DEFENCE.

I went with this young man to Shire-lane, and he went to Mr. Badland's; I

never saw the skins, nor touched them; I can prove that on the 10th, I was at work; I was not out of my own house from the Tuesday, till between ten and eleven on the Sunday, then I cleaned myself to go to church.

The prisoner Joseph called four witnesses to his character.

The prisoner Robert called two witnesses to his character.

Prisoner Robert. I can prove I was at home, and at work at the time that Mr. Matthews says these things were stolen.

WILLIAM TINKNEL sworn.

I lodge with the prisoner Robert; he was not out of doors from the 6th of February, till the 11th; I was at home all the time; we were very hard at work on the 10th, which was Saturday, he was not down stairs from between seven and eight in the morning, till nine or ten at night.

Who else worked with you bedsides him? - Only a little boy.

Has he many lodgers besides you? - Yes, there is Mr. Kellan, and three or four in the whole.

Court. Let them all go out of Court.

Do you and he generally work together? - Yes, we have different shops to work for; we worked together this Saturday all day in the garret, from between eight and nine in the morning, till between nine and ten at night; I did not go out all the day or night; we had no dinner; we breakfasted in his apartment, only the prisoner Robert and his wife and me; after we had done work, we went down, and had a pot of beer, and our suppers, him and his wife and two children, a girl about nine years old, and a boy about a year.

Was the boy out of bed at that time of night? - Upon my word I cannot say, I had some mutton chops, and they had some beef-steaks, and two pots of beer; I do not remember seeing Joseph all the week.

ARTHUR KELLAN sworn.

I was out this Saturday evening; I came home about half after eleven, and on the evening he sold the things; I was out also; the door was on the latch when I came home on the Saturday night, I let myself in.

What part of the house do you lodge in? - The second floor; I always go up in the dark; my wife was in her own room; Jenks lived in the parlour; his door was shut; I do not know whether any body was up; I afterwards went out into Newgate Market, and Jenks's wife let me in; she was partly undressed; I saw nobody else; I did not see Tinknel that day, nor Jenks.

GEORGE NEAGLES sworn.

I lodge at Robert Jenks 's; I am an engraver, and work at home; on the 10th of February, I was at home; I dined in my own room; I did not see Jenks all that day, but I heard him up stairs; to the best of my knowledge he was called down to tea about a quarter before five; I do not know that Tinknel was out; to the best of my knowledge he was not out; I was not down stairs; I went to bed about ten; I know very little about them that day.

SUSANNAH NEAGLES sworn.

I heard his apprentice call him down to to tea on the 10th of February; I do not know whether he came down; I heard him go down to supper about ten minutes after ten; Mrs. Jenks went home with her husband's work about a quarter after ten, and returned about a quarter before eleven, I was in bed myself about half after eleven.

MARY KELLAN sworn.

I was at home at ten o'clock; he was not then come down, his wife sent up the apprentice to know if he would come down to tea, he sent word no, but he would have some sent up about half after six; and at about half after eight he sent down some shoes to bind; I want out at about a quarter past ten; he was at work then; I did

not come home till eleven; then he was sitting with his child in his lap; his wife was just come in; there was some things laid on the table covered, and a shoulder of mutton, and some bread and cheese; Tinknel was there; I heard Tinknel go to bed at a quarter past twelve; I did not hear Jenks go to bed.

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

Prisoner Joseph. My Lord, I was at work that day at my lodging in Drury-lane; I made a pair of sattin shoes that day and carried them home.

- BOWITER sworn.

The prisoner made a pair of shoes that day for me, and carried them home to one Mr. Gray's, in Three Coney-walk, Lambeth; I sent him home with them about six; I know nothing of him after.

JOSEPH JENKS , GUILTY ,

Transported for seven years .

ROBERT JENKS , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-83

319. MARY STEPHENS was indicted for that she, on the 9th of February , feloniously did take away, with intent to steal, two linen sheets, value 10 s. the property of John Fowler , in a ready furnished lodging .

The indictment being wrong, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-84

320. JOHN DANIELS was indicted for stealing, on the 1st day of February , two linen shirts, value 2 s. two linen waistcoats, value 2 s. the property of William Thompson .

Mary Keen saw the prisoner take a shirt off the line in the prosecutor's garden, and put it in his bosom, and he was taken with it upon him.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-85

321. ANN ARBONET , otherwise BENNETT was indicted for stealing, on the 17th day of February , one shirt, value 5 s. the property of Elizabeth Chalenor .

NOT GUILTY .

322. She was again indicted for stealing, one pair of silk stockings, value 4 s. a pair of pattens, value 6 d. two napkins, value 6 d. the property of Humphry Segar .

The prisoner pawned the gown, and acknowledged the taking the things.

GUILTY .

To be imprisoned six months in the House of Correction .

Tried by the third Middlesex Jury before Mr. ROSE.

Reference Number: t17870221-86

323. JOHN JONES was indicted for stealing, on the 16th of January last, twenty-four ounces of tobacco, value 18 d. the property of the King .

NOT GUILTY .

Reference Number: t17870221-87

324. GEORGE JARVIS was indicted for stealing, on the 16th of January last, two pounds weight of tobacco , the property of the King .

NOT GUILTY .

Reference Number: t17870221-88

325. ELIZABETH SALKELD was indicted for stealing, on the 31st of January last, one bolster, value 2 s. and one iron pot, value 1 s. the property of William Ravenshire .

NOT GUILTY .

The last three tried by the third Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-89

326. JAMES JOHNSON , SARAH YORK otherwise HORSEMAN and WILLIAM COOPER were indicted for feloniously stealing, on the 22d of January last, one cloth coat, value 40 s. and one pair of velveteen breeches, value 21 s. the property of John Dailey .

(The witnesses examined separate.)

JOHN DAILEY sworn.

I am a master taylor ; on the 17th of last January, the prisoner James Johnson came to me, and told me he wanted a great coat; he is a labourer ; and went with me to look at some cloth; and gave me a guinea earnest; he called on the Wednesday, and I was to make it against the Saturday; on the Saturday when he called, I told him it was ready; he asked for the bill, and desired me to take the coat and the bill to Portpool-lane, to No. 9, up one pair of stairs, and I should be paid; I went, and the prisoner York came to the door, says she, you are right, this is Mr. Johnson's coat; she asked me for the bill, and paid me directly for it; that was not the coat in the indictment; then she asked me if I could make a suit of clothes without taking Johnson's measure, or letting him know; and she agreed for me to make a coat and breeches for three pounds ten shillings, against the next Saturday night; on the Friday morning she came to my house; she was never there before; she came up stairs where I was at work; she asked me if the things were ready, and desired me to carry them the next day, about two, to her place, and said, she hoped I had not told Johnson; I could not go at two, and the next day Johnson and Cooper came to my house; Cooper said, who was I making them clothes for? and I said, for a man at the other end of the town; I packed up the clothes for the man to carry home; and they waited up and down; another man came with them; when I took the bundle to their house, Sarah York was at home, and she asked me to drink some spirits, and handed me a glass; then Cooper came up, and asked me how I did, and said, he had not seen me this month; then he asked the woman how Johnson did, though Johnson was the room door at the same time; I saw him at the door; Cooper asked me again who these things belonged to; I said, to a man at the other end of the town; I took the waistcoat out of the bundle, and threw it on a chan, I took the other things under my arm, and Johnson came in, and pretended to be very drunk, and he looked, d - n you, says he, this is my waistcoat, and he put it on; I thought to go out of the house, and Cooper came before me, and said, d - n it, Johnson, you must try these things on; and they forced these things from under my arm; Cooper laid hold of it first; then they gave me a shove, and forced it from me; Johnson put the waistcoat on.

Did the woman do any thing at this time? - No, she said, they must be mad, or very drunk; that is all she said: then Johnson put on the clothes, and insisted on having his watch, and a looking glass; says he, I am a fine gentleman: and he put his watch in his pocket, and never staid to button his breeches knees, but set off and never returned.

Who was it that put on this waistcoat? - Johnson.

Had he put it on before he shoved you or afterwards? - Before.

What passed then? - When he put on the clothes he made off.

What did Johnson put on the coat and

breeches in the presence of Mrs. York? - Yes.

What did the other man do? - They both went off.

Did they go together? - No, Johnson was the first man that went down.

Did they go off in company? - Cooper went after him; I said, I did not understand being robbed, and I would go for an officer; Mrs. York said, she believed she could find him at Mr. Welch's, at the bottom of Holborn-bars; and Mr. Cooper, at Saffron-hill, Chick-lane. where he lived; she came came out, and I ran after her; she walked out pretty sharp, and she said, she was very sorry that such a thing happened; she came to Mr. Welch's, and I stopped at the door; she went in; Welch said, they had not been there since eleven o'clock; then she went to Chick-lane, and she went up stairs; I did not go in at all; then I went home, and said, I was robbed, and got two men, and went in; I pursued them till eleven at night, and could get no account of them; in the morning I went and took a man with me to the place where I saw the woman; and there was Johnson, and the woman, and a little boy.

Was Cooper there? - No.

How soon was this after you lost your things? - It was early the next morning, Sunday; then I took an officer, and went again; it was a long time before we could get in, and Johnson was taken in my presence with the coat and breeches, and the waistcoat on; they were all locked in, and the officer broke open the door, and took them, and they were committed.

Prisoner's Counsel. Were they committed for the felony? - I do not know what they were committed for.

I will read it to you,

"On suspicion of

"knowingly and designedly by false pretences

"obtaining from him, one cloth

"coat, and one pair of breeches, with intent

"to defraud him of the same," was not that the case? - I cannot tell.

Was not that the charge? - That was the very words I told the Justice.

Then at that time you did not know you had been robbed? - I did indeed; upon my word, I tell nothing but the truth.

Did you take up Cooper? - I did not find him.

Has he ever been taken up? - No.

Is he under any bail at this moment? - I do not know.

He lived in Chick-lane, and you have seen him a dozen times; upon your oath, have not you said, that you would put him in the indictment to take off his evidence? - Upon my oath I never did.

You are an Irishman by your tongue? - Well.

What persuasion are you? - I do not understand you.

What religion are you, if you have any? - I am a catholic.

Did not Johnson belong to the clothes club with you? - He did.

Did not he get from that club a sum of money to furnish him with that great coat? - He paid seventeen shillings to the club two years ago.

He drew a great coat? - Yes; the landlord made off with money, and box and all.

Did not you receive that money for the coat? - No never.

Who was to pay for it? - The man that run away, his name is Hadnail; I borrowed half a crown of Johnson, that is all I borrowed of him, upon my oath; I was not in Johnson's debt before these clothes were ordered, he was in mine.

Upon your oath, had not you owed him three guineas for a twelvemonth when he got this coat? - Upon my oath I did not.

Then upon your oath, last January you was not at all indebted to the prisoner Johnson? - I was not, I was indebted to him the guinea that he gave to me while the coat was doing; he gave me a guinea earnest for the coat, and the woman paid me ten shillings and nine-pence the remainder; the cloth was six shillings a yard, yard-wide, I bought the cloth.

Was there any pattern chosen for this coat? - Yes, she agreed; she said, six or eight shillings was no object in the breeches, make the best.

The prisoner tried the coat, waistcoat, and breeches all on? - Yes, he said I owed him money, and I knew very well that if I left the clothes, he would not pay me; that was what Cooper said, that I owed him some money; Cooper said, that Johnson told him, that I owed him money; Cooper told it to the person that there was money due, Johnson never told me so.

Who was that person? - A person that lives on the other side of the water.

Did not he tell you that there was an account between them, and they went to fetch Welch to settle it, because they were ignorant men? - Upon my oath there was no money between Johnson and me at the time; neither of them said any thing of the kind to me; I was to make the clothes without measuring, and to make them to sit Johnson.

Had not you taken Johnson's measure? - No, not since I took it for the great coat, which was the 17th of January; she told me if I could not make them without the measure, she would buy them ready made, because they were going out of town.

Prisoner Cooper. What conversation had you with Burgess about this cloth? - Burgess has lodged with me half a year; he is an acquaintance of theirs: Burgess and he used to wear one anothers clothes, so I said I would take measure of Burgess; I never received any money, but a guinea; I did not owe him any money.

When did you first think this to be a felony? - I said the very words I said here, and the Justice put it in that manner.

Were they discharged? - No, they were committed, they were bailed.

How came you not to get a warrant against Cooper? - I had no warrant against any of them, I only told the officer; I sent an officer after Cooper; I could not not take him; I saw him before this week; he came the other day, but he ran away; I had no officer.

Did you go to his house in Chick-lane? - No, I never was inside the door; he was not at the house, I was told so.

Prisoner Cooper. I can bring witnesses to prove that I never left my house all the time? - I was several times there that night, I could not find them, and in the morning I was there before they were up, that was about seven.

What o'clock were they taken up? - About a little after one; I had been waiting all the time, they could not go away; they had the door locked, and would not let us come in.

Prisoner Cooper. Did not I go to your house that night for linen from your wife that washed for me at the same time, and did not you come in and abuse me? - He run in to get the remainder of his things, and I came in, and said, oh, says I, there is one of the robbers that took the clothes from me.

Prisoner Cooper. The prosecutor wanted me to keep out of the way till the trial was over, for he did not want to hurt me.

Did you say so? - Upon my oath, I never did.

DAVID SIMS sworn.

I was journeyman to the prosecutor; on the Friday I helped to make these clothes, and while I was making them, the woman came up, and told Mr. Dailey to make the clothes as soon as possible, and bring them home to her house, and she would pay him, but not to let Johnson, or any body else know; on Saturday evening, my master took the clothes home, and came back again; the next week I was at work there, and Johnson came up; that was after he had been bailed; me and my master were there; he said, he was not sorry for taking the clothes, but that he did not take up the poker and knock my master's brains out; I had heard my master talking that these clothes were for Johnson; I never heard

there was any money due; Cooper came in the Saturday night after the clothes were gone.

DOUGLAS WYER sworn.

I am a constable; I saw Johnson with a brown coat, waist coat, and breeches on; I took him on the Sunday morning; they kept five or six of us at the door for near two hours; the prosecutor peeped through the door and said, there is Johnson, with my clothes on; I then forced open the door; there was Mrs. York and Johnson and a boy; Cooper was not there; I never saw Cooper till I saw him at the Old Bailey; the prosecutor charged them with taking the clothes by violence; I desired the gaoler not to let him strip his clothes off, and he came in the clothes, and the prosecutor swore to them; he was put in prison with the clothes on; he gave us charge for violently taking them away.

What are you? - A watchmaker; I live in Golden-lane, I attend the Rotation office.

You are what they call a runner? - No, Sir, I am not; I am a parish officer.

You attend the office? - I have been twenty seven years a housekeeper; I have been chosen these nine years, and I am a man of character.

Court. Was this man but once before the Magistrate? - Not that I know of, and then I heard the prosecutor charge him with taking the things by violence; what I say, upon my oath, is a fact.

PRISONER JOHNSON'S DEFENCE.

I worked in a sugar house at the time this man kept a club; this winter I used to help him; he was in distress; and his wife was brought to bed; and I lent him a guinea; and he was to give me clothes for it; and I stood godfather to his child; and I brought his wife a new gown; and he got quite jealous of me, and threatened to get forty pounds for my life.

PRISONER HORSEMAN'S DEFENCE.

Mr. Dailey brought the great coat to my room; I washed for Johnson; and I paid him ten shillings and nine pence more for it; I told him to make a brown coat; he desired me to come up and chuse my colour; on Friday, about twelve, I went up to Mr. Dailey's; there were several people in the room which were sending for gin; there is one of his lodgers that has been shot through the thigh for a highway robbery; he was drawing on a red jacket, and sent for a half pint of gin, and I sent for another half pint; when his wife came in about five in the afternoon; he brought these clothes; I was ironing; says I, have you seen any thing of Johnson? not this week, says he; says I, he is not within; Cooper came in, and I asked him after Johnson; says he, if he is not come up stairs, he is gone backwards; Johnson came in, and the clothes lay in the window; says Johnson, this is my waistcoat; yes, says Dailey; then he took the breeches, and he said, they are too long for me; he loosed the waistcoat, and put on the breeches, and buttoned them up; says Dailey, do not put on them old clothes, put on these new ones; Johnson went down and ordered a gallon of beer, and went away; Dailey afterwards wanted me to settle it.

PRISONER COOPER'S DEFENCE.

I came into this woman's room, and the taylor sat with the clothes laying on the chair, loose, and the waistcoat on the outside, uppermost; I never went nigh the prosecutor; I went and sat down in the chair; the woman sent the little boy for half a pint of gin; he got up and fitted on the clothes, and asked if they did not fit well, and he stroked them down; and he went down to order half a gallon of beer; and he staid rather long; and I went down, and he said, I will go to Welch's to bring him to balance the money due, the three guineas he owed to me in Pall-mall, and seventeen shillings; that was the club money: I had been married that week, and he went and exposed me, and said, I had robbed him of a suit of clothes.

JOHN BRIGGS sworn.

I lodge in Dailey's house; I remember this coat; Dailey told me that he owed Johnson three guineas.

Was that before the clothes were sent home? - Yes.

Have you been present at any time when Johnson has been asking Dailey to make him clothes for the money that he owed him? - Yes, I was.

Did Dailey tell you that he was afraid Johnson would stop the money? - Yes, he did; he mentioned the sum of three guineas, but not at that time; and seventeen shillings, the club money.

Have you often seen Johnson and Dailey together? - I have; Johnson was always asking Dailey for the clothes, and he promised to make them as soon as he could.

Dailey. My Lord; I only owed him half a crown.

Did you ever make such a declaration? - I never did.

You never owed him in your life any thing but the half crown? - Nothing but the half crown; and the club money, seventeen shillings.

Court. Did Johnson ever ask you to make any clothes for the money that was owing? - Johnson never asked me for any thing, only for the great coat of the club; that is the coat.

Did you ever promise any clothes to Johnson from time to time? - Never.

Did this last witness lodge in your house? - He does at present.

The prisoners Johnson and York called five witnesses to their character.

The prisoner Cooper called one witness to his character.

JAMES JOHNSON , WILLIAM COOPER ,

GUILTY .

Each to be fined 1 s. and imprisoned one week .

SARAH YORK, alias HORSEMAN,

NOT GUILTY .

Tried by the third Middlesex Jury before Mr. ROSE.

Reference Number: t17870221-90

327. ROBERT JONES was indicted for feloniously assaulting Thomas Hamilton , on the 5th of December last, in the dwelling house of John Harwood , and putting him in fear, and feloniously taking from his person, and against his will, four shillings and sixpence, in monies numbered, and fourteen halfpence, value 7 d. his monies .

NOT GUILTY .

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

Reference Number: t17870221-91

328. THOMAS GARDNER and THOMAS SAMUEL were indicted for stealing, on the 27th of January last, one iron stancheon, value 2 s. one iron axle-tree, value 2 s. and two iron plates, value 7 s. the property of James Mather , and Christopher Watson .

And JAMES CHAPMAN was indicted for feloniously receiving the same, knowing them to be stolen .

ALL THREE NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870221-92

329. JOHN LYNCH was indicted for stealing, on the 24th of January last, three dozen of eggs, value 2 s. and two pieces of bacon, value 2 s. the property of Benjamin Crump .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: o17870221-1

ON the first day of this session, William Trapshaw and Francis Part , whose cases had been reserved for the opinion of the Judges, were set to the bar, when Mr. Justice Gould delivered such opinion as follows:

William Trapshaw was indicted for a

burglary, in the dwelling house of James Linnell , between the hours of five and six in the forenoon of the 24th of August, Frances his wife being therein, and stealing goods to the value of nine shillings and ten-pence: It is stated that the house in which the fact was committed, was the house of Lord Radnor, let in separate tenements to different lodgers, with one outer door common to all: Linnell rented and occupied a room on the first floor, in which he and his wife slept, and a parlour which was broke open, and the things stolen therein: The Jury found the prisoner guilty, subject, as to the capital charge of breaking and entering the dwelling house, to this question, Whether under the above circumstances, the room broke open by the prisoner was well laid, as the dwelling house of James Linnell ? This case has been under the consideration of all the Judges, and they are of opinion that this charge is well laid as the dwelling house of James Linnell . This indictment is founded on a part of the first section of the statute, of the 3d and 4th of William and Mary, which is in these words

"or shall

"rob any dwelling house in the day time,

"any persons being therein." Now this term rob implies in itself, necessarily, force and violence, and the construction has always been upon this, as well as upon other acts of Parliament, that though breaking and entering is not mentioned, they are included, and necessarily contained under the term rob: The construction upon this, and on other of parliament of the same nature, has always been so, that that the breaking must be of a dwelling house, in the same way as it is necessary to constitute burglary. The difference is, that offence must be committed in the night time, but this offence is in the day time, and some person to be therein, under this act of parliament. Now in the 13th year of his present Majesty's reign, there happened a case at the Old Bailey, the King against William Rogers , Michaelmas, 13 Geo. 3d, he had been tried at the then last Sessions at the Old Bailey; he was indicted for burglary, in the dwelling house of one Chandler. It appeared, that the owner of the house let the whole of it in apartments to different persons, not inhabiting any part of it himself; Chandler rented a shop, part of the house, and the cellar underneath, at the rent of twelve pounds twelve shillings, but the owner took back from him the cellar, in which he kept lumber, giving him ten shillings a year for it; the entrance was into a passage by a door from the street, and on the side of the passage, a door opened into the shop, another into the parlour, and beyond that a stair-case led to the upper apartment, which shop and parlour was broke open; it was objected this was not the dwelling house of Chandler. The first day of Michaelmas term, the 13th of his present Majesty, this case came before the Judges at Lord Manfield's chambers, and they were all present; there was Lord Baron Smythe , Mr. Baron Adams , Mr. Baron Perrott , and Mr. Baron Eyre , and Mr. Justice Willes, Mr. Justice Aston, Mr. Justice Nares, and myself, all concurred that it was property laid, and could not be charged to be the dwelling house of the owner, and they said if this was not proper, there could be no protection against burglaries, which are very frequent in this town. This case is directly in point with the present case; that is the opinion of all the Judges. There happened to be another case in February, 1781, at the session at the Old Bailey, which the Recorder reserved for the opinion of the Judges; the King against Richard Carroll ; he was indicted for burglary, in the dwelling house of John Jordan ; the case stated was, the house in which the offence was committed belonged to one Nash, who did not live in any part of it himself, but let the whole of it out in separate lodgings; John Jordan had two apartments in the house, a sleeping room up one pair of stairs, and a workshop in the garret, that he rented as tenant at will to Nash; this workshop was broke open by the prisoner. The question was, whether this indictment

could be supported for burglary, in the dwelling house of John Jordan ? And according to my note of this case, the unanimous opinion of the Judges was, that it was properly laid to be the dwelling house of John Jordan , and they looked on the former case I have mentioned of the King and Rogers, to be a case in point. It is proper for me to say, that I have seen a memorandum of the same case, by Mr. Justice Buller, in which he takes notice, that only ten of the twelve Judges were, in this case of the King and Carrol, of that opinion, and that he, and Mr. Baron Eyre differed; I dare say it must have been so, that they did differ in opinion, or else he would not recently have set it down on his paper, but as to myself, I have no recollection of any difference; but on the present occasion, all the Judges are of opinion that these two authorities prove this point, and that this indictment properly charges it to be in the dwelling house of James Linnell ; and the reason of it is evident, the moment it is stated, the landlord inhabiting no part of the house, though he be the owner of the house, the lord of it, if I may so say, it cannot with any propriety be called his mansion house, his dwelling house; but the inside being split into divers apartments, is let to several people, and each of those apartments is the distinct dwelling house of each inhabitant: On this ground the opinion is, that this man is well convicted.

Francis Parr was next set to the bar.

Mr. Justice Gould. Francis Parr was indicted on the statute of the 31st of his late Majesty, chap. 22. section 77, at the sessions, on the 10th of January last, for personating Isaac Hart , the real proprietor of 3900 l. capital stock, in the three per cents consolidated annuities, and thereby endeavouring to receive 58 l. 10 s. half a year's dividend on the said stock, being the money of the said Isaac Hart : The facts of the case are these, that the prisoner had applied to the clerk, whose business it was to issue the dividend warrants on that stock, in the name of Isaac Hart , for a warrant of half a year's dividend; the words used by the prisoner were,

" Isaac Hart 3900 l." and he signed the book Isaac Hart ; being asked of what place, he said, of Windsor, and that agreed with the description in the book; upon that, a warrant was made out for the sum of 58 l. 10 s. which he again signed Isaac Hart , and which was then delivered to him: This warrant entitled any person who should be the bearer of it, to receive that sum at the Pay-office on demand. He was apprehended some minutes after, without it appearing he had made any application at the Pay-office, or even gone towards it, or taken any step whatever for obtaining the money made payable thereby. The Jury found him guilty, subject to the opinion of the Judges on this question; whether those circumstances amounted to an endeavour to receive the money of Isaac Hart , within the true intent and meaning of the act of parliament that I have mentioned. This case has been taken into consideration by all the Judges, and very duly attended to, and it is their unanimous opinion, that the charge is supported by these facts, that it was an endeavour to receive the money of Isaac Hart , within the true meaning of that statute. This question lays within a very narrow compass: it may be proper to observe the provisions of this statute: First, it provides against forging letters of attorney, authorities, or instruments for transferring stock, or receiving dividends, or forging the names of proprietors in, or to such letters of attorney, authorities, or instruments, or knowingly or fraudulently endeavouring to have such transfer received, by virtue of such forged letters of attorney or instruments: then it comes to the matter before us,

"if any person shall

"falsely and deceitfully personate any

"true and real proprietor of a share in the

"said stock annuities or dividends, and shall

"thereby transfer or endeavour to transfer

"the stock, or receive or endeavour to

"receive the money of such true and

" lawful proprietor, it shall be felony

"without benefit of clergy." If the prisoner had received the money, he had accomplished the purpose, and then there could have been no possible doubt; but the act of parliament very sagaciously, and wisely too, provided that no person shall endeavour, or take any steps towards obtaining other person's money in the funds. Now the question was before the Jury, whether these were not unambiguous and unequivocal steps, towards what may be called the endeavour to receive the money? he comes forward; he personates and assumes the name of the real proprietor; he calls himself Isaac Hart ; he writes his name in the book, Isaac Hart ; the dividend warrant is made out, and he signs the name Isaac Hart again to that dividend warrant, and he receives that dividend warrant; really, I think myself, there need not be any argument to prove this to be an endeavour as far as it went towards the receiving of the stock; from the bare stating the facts, and circumstances themselves. The matter has been considered by all the Judges, and they were unanimously of opinion, that this did support the charge in the indictment, and that the prisoner was well convicted.

There was another case of Moffat; with respect to that case, the Judges think it is fit to consider the matter further; he must remain.

Reference Number: o17870221-2

Samuel Burt , who had refused his Majesty's pardon the sessions before, was set to the bar, and informed by the Court that he stood attainted of felony, and that his Majesty had been graciously pleased to extend his royal mercy to him, on condition of his being transported for and during his natural life, to the Eastern coast of New South Wales, when he addressed the Court as follows:

My Lord, I know not how to express my acknowledgements of your Lordship's goodness to me, as the bad state of my health renders me inadequate sufficiently to express my feelings, and as I think it impossible that any qualities your Lordship can impute to me, can give me such a place in your Lordship's consideration, which I have had the good fortune to receive; I must therefore attribute it to your large and extended benevolence, which has allotted me six weeks time to consider of my dreadful situation. From whatever motive my conduct arose, I beg to assure your Lordship, that I am now really sorry for repelling those tender feelings, which formerly actuated your Lordship, and the worthy Sheriffs; but, I hope that my unfeigned sorrow for such ingratitude will still find compassion: I now assure you, I will receive the offered mercy with the utmost gratitude to my Sovereign, and thanks to the Court and Sheriffs; and I beg liberty

to assure the Court, that not withstanding I committed the crime, for which I was justly convicted; yet I can with the greatest propriety clap my hand on my heart, and call heaven to witness, that from the fatal hour of the forgery, I had not the least intention to defraud; but what is infinitely worse, I committed that forgery with a view of terminating thereby my own existence. My Lord, too early in life, I cultivated an attachment for a female friend, and the voice of experience, made no objection to that attachment; how comfortable should I have been, if I could have called her mine, but there was an insurmountable bar in the way, which time only could remove. I was an apprentice, and had part of my time to serve; then the fatal thought entered into my head, to fix on the rash act which I now lament as my greatest evil, and deplore as my sincerest misfortune: I doubt not but my sincere repentance may make me a valuable member of society, would my gracious Sovereign only allow me the indulgence of being joined in union with the object of my attachment, it would take off some part of my heavy distress: Allow me my Lord, so far to presume on your Lordship's goodness, that you will once more lay my case before the Throne, and that some degree of rational expectation may be allowed me to form such a hope; and in the pure feelings of a conscious heart, I solemnly assure your Lordship, that neither time, place, nor circumstances, or any thing short of death, shall ever erase from my mind those feelings of gratitude, and the sincerest thinks, which I owe for the humanity, and kind intercession of your Lordship and the worthy sheriff.

Court. I am glad that the mercy of your Sovereign, and the indulgence of the Court, have at length brought you to a proper sense of your duty, and to a becoming state of mind; I hope that that state of mind which has been produced by that mercy, will remain such as to render you hereafter an honest, and if possible, an useful member of society in another country; although the justice and the laws of this will forbid your remaining there. All that rests with me at present, is to declare the condition of the pardon, which his Majesty, has already thought fit to grant you by sparing your life, which was justly forfeited to the injured laws of your country; therefore your having with propriety accepted the mercy of your Sovereign on that condition, it only remains for me to pronounce an order pursuant there to, which is that you be transported for and during your natural life to the Eastern coast of New South Wales.

The prisoner then bowed and retired.

Reference Number: o17870221-3

Elizabeth Warren , alias Terry , who had been ordered to be transported at a former session, received his Majesty's pardon, on condition of being confined six months from the 4th of January, 1787.

Reference Number: s17870221-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of Death, 21, (viz.)

William Clay , John Davis , Charles Shaw, Michael Daley , Elizabeth Connolly , John Mullagon , James Coleman , John Ponsarque Dubois , Charles Barker , Daniel Bryant , Elizabeth Sedgwick , John Walker , John Evans , John Robinson , John Williamson Halsey , Mary Walker , John Adamson , Thomas Wood , and the said William Trapshaw , and Francis Parr; and also William Droyer, for coining silver, to be drawn on a hurdle to the place of execution.

Reference Number: s17870221-1

Samuel Burt , who had refused his Majesty's pardon the sessions before, was set to the bar, and informed by the Court that he stood attainted of felony, and that his Majesty had been graciously pleased to extend his royal mercy to him, on condition of his being transported for and during his natural life, to the Eastern coast of New South Wales, when he addressed the Court as follows:

My Lord, I know not how to express my acknowledgements of your Lordship's goodness to me, as the bad state of my health renders me inadequate sufficiently to express my feelings, and as I think it impossible that any qualities your Lordship can impute to me, can give me such a place in your Lordship's consideration, which I have had the good fortune to receive; I must therefore attribute it to your large and extended benevolence, which has allotted me six weeks time to consider of my dreadful situation. From whatever motive my conduct arose, I beg to assure your Lordship, that I am now really sorry for repelling those tender feelings, which formerly actuated your Lordship, and the worthy Sheriffs; but, I hope that my unfeigned sorrow for such ingratitude will still find compassion: I now assure you, I will receive the offered mercy with the utmost gratitude to my Sovereign, and thanks to the Court and Sheriffs; and I beg liberty

to assure the Court, that not withstanding I committed the crime, for which I was justly convicted; yet I can with the greatest propriety clap my hand on my heart, and call heaven to witness, that from the fatal hour of the forgery, I had not the least intention to defraud; but what is infinitely worse, I committed that forgery with a view of terminating thereby my own existence. My Lord, too early in life, I cultivated an attachment for a female friend, and the voice of experience, made no objection to that attachment; how comfortable should I have been, if I could have called her mine, but there was an insurmountable bar in the way, which time only could remove. I was an apprentice, and had part of my time to serve; then the fatal thought entered into my head, to fix on the rash act which I now lament as my greatest evil, and deplore as my sincerest misfortune: I doubt not but my sincere repentance may make me a valuable member of society, would my gracious Sovereign only allow me the indulgence of being joined in union with the object of my attachment, it would take off some part of my heavy distress: Allow me my Lord, so far to presume on your Lordship's goodness, that you will once more lay my case before the Throne, and that some degree of rational expectation may be allowed me to form such a hope; and in the pure feelings of a conscious heart, I solemnly assure your Lordship, that neither time, place, nor circumstances, or any thing short of death, shall ever erase from my mind those feelings of gratitude, and the sincerest thinks, which I owe for the humanity, and kind intercession of your Lordship and the worthy sheriff.

Court. I am glad that the mercy of your Sovereign, and the indulgence of the Court, have at length brought you to a proper sense of your duty, and to a becoming state of mind; I hope that that state of mind which has been produced by that mercy, will remain such as to render you hereafter an honest, and if possible, an useful member of society in another country; although the justice and the laws of this will forbid your remaining there. All that rests with me at present, is to declare the condition of the pardon, which his Majesty, has already thought fit to grant you by sparing your life, which was justly forfeited to the injured laws of your country; therefore your having with propriety accepted the mercy of your Sovereign on that condition, it only remains for me to pronounce an order pursuant there to, which is that you be transported for and during your natural life to the Eastern coast of New South Wales.

The prisoner then bowed and retired.

Elizabeth Sedgwick , a capital convict, having declared herself pregnant, a Jury of matrons were sworn, who retired with the prisoner, and returned with a verdict that she was not with quick child.

The case of John Henry Aikles was reserved for the opinion of the Judges.

To be Transported for seven years, 34, (viz.)

Dennea Jordan, John Marlbone , Thomas Williamson , Thomas Petrie , John Edwards , William Edsell , George Pritchard , Esau Clements, George Humphrys , Henry Smith , John Cox , William Welch , Harty Benjamin, James Kennedy, David Ingraham , George Bath , William Bateman , Thomas Warner , Michael Doyle , William White , alias Lochiel, Robert Chapman , Mary Wilson , Mary Newlan , Joseph Jenks , James Roberts , Ann Parsley , Phebe Flarty , John Beckett , Thomas Stevens , William Stanton , John Daniels , Sarah Ault , Elizabeth Scott , and James Wamstead .

To be imprisoned six months, 3, (viz.)

Ann Edridge , James Day , Ann Arbonet .

To be confined one week, 2, (viz.)

James Johnson , William Cooper , and fined one shilling each.

To be whipped, 7, (viz.)

John Parker, John Akers , William Farmer , James Baker, Robert Shipley, Thomas Brookes , John Nicholls .

Reference Number: s17870221-1

Elizabeth Warren , alias Terry , who had been ordered to be transported at a former session, received his Majesty's pardon, on condition of being confined six months from the 4th of January, 1787.

Reference Number: a17870221-1

Mr. HODGSON

RESPECTFULLY returns his most grateful Thanks to his Employers and Pupils, for the Preference they have thought proper to give to his Mode of teaching and writing SHORT-HAND, which he flatters himself is at once as concise and correct as any other System; he continues teaching in four Hours, by four Lessons, the whole necessary Instructions in this much approved Art. He also takes Trials and Arguments with the utmost Care, which are copied so expeditiously as to be sent home the same Evening, if required.

Mr. HODGSON (without the smallest Imputation on the Systems of his Cotemporaries, whose Merits he chearfully acknowledges) pledges himself to take nothing for his Transcripts, if any Gentleman who solicits a Cause, or the Counsel whose Arguments he professes to take, are not compleatly satisfied with his Performances.

No. 35, Chancery-lane.

A new Edition (being the third) of HODGSON'S TREATISE ON SHORT-HAND, being a sufficient Instructor of itself, is just reprinted, and Mr. Hodgson in order to accommodate all sorts of Purchasers, has reduced the Price to Eighteen pence only; also his new Publication, entitled,

"SHORT-HAND CONTRACTIONS, adapted to every System of

"Short-Hand; to which are added, a Comparative Table of Short-Hand Alphabets,

"and two Extracts by way of Specimen; with two Copper-plates annexed," Price only 2 s. 6 d. are sold by J. Walmsley, Chancery-lane, and also by Bladon, Matthews, Egerton, Fourdrinier, and all the Booksellers.

Letters (post paid) from Purchasers of either of his Books, directed to Mr. Hodgson, No. 35, Chancery-Lane, will receive immediate Answers.

N. B. The trials which have been much enquired after, Mr. Hodgson has reprinted for the accommodation of his customers, and are as follow: - The remarkable trial of John Graham and his Wife for forgery. - Charlotte Goodall and John Edmonds for robbing Mrs. Fortescue at Tottenham. - Francis Gray for the murder of Mr. Hurd. Dr. Daniel M'Ginnis for the murder of Mr. Hardy. - William Wynne Ryland for forgery. - Nicholson, Ward, Shaw, Murray, O'Brien, and others, for the murder of Nicholas Casson , at the Hustings at Covent-Garden. - Richard Corbett , (a youth) for setting fire to his master's house. - Colonel Cosmo Gordon for the murder of Frederick Thomas , Esq; in a duel. - Henry Morgan for the murder of Mr. Linton. - Porter Rideout , for the murder of Moses Lazarus , Duke's Place. - Captain Kenith Mackenzie , for the murder of Kenith Murray Mackenzie , at Fort Morea, in Africa. - Thomas Wood and George Brown for robbing Sir Thomas Davenport . - George Ollive , (a youth) for setting fire to the house of his master Mr. Parsloe, in St. James's-street. - Martin Taylor and Elizabeth Taylor , (brother and sister) both executed for burglary - Also the remarkable trials of Messrs. Goodridge's and Evans, for forgery. - and of John Hogan , (the black), for the murder of Ann Hunt ; with many others too tedious to enumerate.

Mr. Hodgson has just bound up a compleat Set of Sessions Papers, for the last sixteen Years, which he will dispose of; or any person wishing to see any particular Trial may have an Inspection of the same, or take a Copy of it, at the usual Prices.


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