Old Bailey Proceedings, 23rd May 1787.
Reference Number: 17870523
Reference Number: f17870523-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex, HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 23d of MAY, 1787, and the following Days;

Being the FIFTH 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 V. 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 WILLIAM HENRY ASHURST , one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir RICHARD PERRYN , one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First London Jury.

John Hodgson

William Champ

John Hewitt

Thomas Midwinter

Darby Saunders

James Jackson

William Allen

Samuel Hall

Eyres Cooke

William Chalkley

* Charles Robinson

* Henry Huddy and Lewis Cole attended the fifth day in the room of Charles Robinson .

John Hart .

Second London Jury.

Joseph Gaunt

William Burden

W. Godfrey Brown

Richard Bytheroyd

William Horne

Edward Matthew

Henry Badger

Josiah Nutt

James Cox

John Brown

John Shank

William Finley .

First Middlesex Jury.

Geo. James Soward

Samuel Jackman

Richard Reader

John Ives

John Poole

Thomas Preston

John Wright

+ Richard Mumby

William Shrimpton

+ Hump. Sydenham

+ James Williams served part of the time in the room of Richard Mumby and Humphry Sydenham .

James Marshall

John Dunlop .

Second Middlesex Jury

John Showell

Thomas Stewart

John Cole

++ John Bodenham

++ Andrew Thompson served the second day in the room of John Bodenham .

John Austin

John Latchford

George Richardson

Richard Moorby

Joseph Davies

John Dowfoot

George Lockett

John Billings .

Reference Number: t17870523-1

449. WILLIAM BILLINGS was indicted for feloniously assaulting John Dutton , on the King's highway, on the 26th day of February last, and putting him in corporal fear, and danger of his life, and feloniously taking from his

person and against his will, three yards of flannel, value 6 s. the property of William Wilson .

JOHN DUTTON .

Court. How old are you? - Going of twelve.

Do you know the nature of an oath? - Yes, I know so far as this, that if I tell a lye, I shall go to hell.

JOHN DUTTON sworn.

Was you robbed at any time, and when? - Yes, on Monday the 26th of February, between seven and eight, the corner of Long's court .

Where was you going? - I was going to No. 4, in Saint Martin's street, to my master; I had three yards of flannel for him; my master sent me for it to Messrs. Birch and Simpson's, and Mr. Williams served me.

Who attacked you and took this flannel from you? - William Billings .

Where is he? - The prisoner is the man.

In what way did he take it from you? - He took it from under my arm, the corner of Longs-court.

What, did he take it from you by force? - No, he snatched it from under my arm.

Did you know him before that time by sight? - Yes.

Did you tell any body who the person was after you had been robbed? - Yes, I told Mr. Simpson.

Was it late? - Yes, it was between seven and eight.

You are sure the prisoner is the man? - Yes, I am sure of it.

What is your master's name? - William Wilson .

WILLIAM WILSON sworn.

The last witness lives with me as my servant ; on the 26th of February, about six, I sent him to Messrs. Birch and Simpson's, in May's-buildings, for three yards of flannel; I received information that my boy was robbed; and I went to the Justice's and the flannel was produced.

WILLIAM SELLER sworn.

On the 26th of February, I was going down Castle-street to my lodgings, in Hemming's-row; I heard the cry of stop thief; I run down, and the prisoner ran out with his arm up, hallooing stop thief.

Other people had cried first? - Yes, several; the prisoner ran across Castle-street, to Hemming's-row, and I ran after him, and kicked at him, to fall him down, but he did not fall; I kicked at him again; he was the only man that came out of the street first, therefore I suspected him; I caught hold of him; I told him, I believe you are the man that has done the robbery; he said, he had not; I kept him till the constable came up to my assistance, and he was taken to the Justice's; I found nothing upon him.

Prisoner When you came across the square, did not you ask me who it was that was along with me? - I was not in the square at all.

Did not you ask me who it was that was in the square with me, in the boots? - I was not in the square at all.

Did not you say it was good bread for you, and it would bring you a hat full of guineas.

Court. Did not any such conversation pass? - No, I was not in the square at all.

JOSEPH THOMPSON sworn.

About a quarter before eight in the evening, on the 26th of February, I was standing at the door of the Feathers publick-house, in Saint Martin's street, with Fitzwater, and the prisoner came running out of Long's-court; the little boy was running after him, crying, stop him, stop him; I immediately said to Fitzwater, that man is the thief, and ran after him, and cried out, stop thief.

Had he any thing with him? - Yes, he had this flannel; he immediately cried out stop thief as loud as he could; he

turned out at the top of Saint Martin's-street, into Leicester-fields, and through Green-street; about the middle of Green-street, he threw this down, and out of Green-street, turned to the right, down Castle-street, and turned towards Hemming's-row, there I found him in the custody of Sellers; I picked up this flannel; this is the same.

Prisoner. Did not you ask me who it was that was along with me in boots? - No, I did not.

JAMES WILLIAMS sworn.

On the 26th of February, a little after seven in the evening, I remember selling some flannel to Dutton; there were three yards.

Look at that flannel? - I cannot certify this to be the same, but I believe it to be so.

Does it answer in quantity and quality? - Yes, to the best of my judgement; I think it answers exactly in quality.

Measure it and see whether it is three yards.

(Measured in Court.)

- There is just three yards.

What is the worth of it? - We sold it to Mr. Wilson, at two shillings and three-pence a yard.

Prisoner. My Lord, I have nothing to say but that I am quite innocent of the affair.

GUILTY , DEATH .

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

Reference Number: t17870523-2

450. WILLIAM COUSINS and JOHN LAWSON were indicted for feloniously assaulting Mary, wife of Thomas Hayes , on the King's high-way, on the 5th of May , and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, one black silk cloak, value 4 s. one guinea, value 21 s. one half guinea, value 10 s. 6 d. and 5 s. 6 d. in monies numbered, the property of Thomas Hayes .

(The witnesses examined apart.)

MARY HAYES sworn.

I am wife of Thomas Hayes , who keeps the George-inn, at Acton ; I was returning home on the 5th of this month; it was about nine in the evening, when I got there; as I was against East Acton-lane , I was attacked by foot-pads; nobody was in the carriage with me; I saw two footpads; I had the blinds of the coach up, and I heard some words pass between the coachman and some persons, and I heard the word stop; it frightened me much, and in a very little time, a man opened the door, and said, your life or your money, madam; he jumped up in the coach with a drawn hanger in his hand; I asked him what he was about to do, and begged him not to do me a mischief; he said, he must have my money, and begged me to be as quick as I could, or he would run me through with the hanger; I put my hand in my pocket and gave him all my money as I thought; I did not know to the contrary; he swore I had not given him all; I put my hand into my pocket again and found half a crown, which I gave him; I had given him a guinea and half in gold, and two half crown pieces, and a sixpence; he then demanded my watch and rings; my watch I had taken off and thrown down to the bottom of the coach, when I first heard them speak to the coachman; I told him I had no ring but my wedding ring, and I must lose my life if I got it off; it would hurt me very much, it went so tight; I begged he would not attempt it, and the man on the outside said, the ring does not signify, has she got a cloak; I told him, he should have the cloak or any thing in the world, if he would not do me a mischief; I was very much frightened, and he took my cloak; I have not recovered any part of my property; in the confusion and fright that I was in, and the darkness of the evening, I cannot positively swear to

the prisoners; I would not chuse to do it; I can swear to my cloak, it is in Court, in the possession of the pawn-broker.

JOSEPH DOWLING sworn.

I am servant to Mr. Cowper, pawnbroker; I produce a silk cloak, which I received of Sarah Buxton ; it was left for eight shillings on the 7th of May; I took it in myself; I knew Sarah Buxton some time before, as a customer; she had frequently pledged things; Mr. Macmanus applied to me afterwards to see this cloak; I cannot say when he applied for it; it was some few days afterwards; I produced the cloak; it was the same that Sarah Buxton pledged; on Saturday, the 5th of May, the prisoner Lawson pledged a cloak with me for eight shillings; I cannot say whether that was the same as Sarah Buxton pledged; it was a black silk or sattin; that cloak which he pledged the 5th, was fetched out on Monday the 7th, by Sarah Buxton ; she brought the duplicate.

Had you known any thing of the prisoner Lawson before? - I knew him some time; he used the shop frequently.

What way of life was he in? - I do not know, he used to pledge things; sometimes women's apparel.

(The cloak deposed to.)

There is a darn on the inside, under the back, and the hood is not the same as the cloak; it is a mode silk, not a direct hood, but a piece of silk that falls over the shoulders, and it is trimmed with spotted gauze; I have not the least doubt that can be, of this being my cloak; these marks are here; I swear this is the cloak that was taken from me that evening.

WILLIAM HENNOTT sworn.

This lady was robbed in my coach; I drove the prosecutrix from London to Acton; it was last Saturday was fortnight; when we came near Acton-lane, three men jumped across the road, and cried stop; this was near East Acton-lane, just by the bridge; one jumped into the carriage, and took the lady's watch and money, and one stood on one side, and the other on the other side, besides him that jumped into the coach; I heard one say, take her cloak; I did not see them take it away, but the gentlewoman said she lost it; I did not see him take the money.

Did you make any observation on the persons of the three men or any of them? - No, I did not; I cannot swear to either of them.

Was it a dark night? - It was, it was under the trees; I could not see them plain; besides, they ordered me not to look.

JOHN SHALLARD sworn.

I know no more than taking the evidence, Cooper, and two women; I know nothing of the prisoners at the bar.

PATRICK MACMANUS sworn.

When the information came to Bow-street first, the description of this cloak was taken in our book (as it is always in those cases) and we found the cloak at Cowper's, the pawn-brokers, by the description; when I came to look at it, I found the marks in the book were the same that were in the cloak, by the woman that owned the cloak.

Dowling. Macmanus came to me describing a cloak, which I had in my possession, and which I received as a pledge from Sarah Buxton ; I delivered it to no person; there was application to re-deliver that pledge since; Sarah Buxton pledged it; Lawson pawned a cloak on Saturday evening, near twelve at night, but I cannot say this is the cloak that Lawson pledged.

SARAH BUXTON sworn.

Look at that cloak, was that cloak ever in your possession? - Yes.

Do you know Mr. Cowper, a pawnbroker, in Wych-street? - Yes, I have pledged things with him.

Did you at any time pledge a black silk cloak? - Yes.

Was that the cloak? - Yes, John Lawson gave me a ticket of this cloak to redeem it from Mr. Cowper's, to take it to another pawn-broker's, to get more money upon it if I could.

When was this? - Last Monday fortnight; I could not get so much money by two shillings, and I took it back to Cowper's again, and got the same money upon it again.

Was it the same cloak you took out by means of that duplicate that you brought again to Cowper's? - Yes.

And you are sure you had it from Lawson? - Yes.

Did Lawson say any thing to you when he took it to Cowper's? - Nothing at all, it was last Monday fortnight when I redeemed it, and I brought it back again to the pawn-broker's the same day.

Mr. Schoen, prisoners counsel. Where do you live? - I have been in custody ever since last Monday; I have been an unfortunate girl.

Have you had any conversation in the course of this business with the officers, as to what you should get by this prosecution? - No, Sir.

Do you know? - No, Sir.

Upon your oath, you do not know that there is a reward in this case? - No, Sir, I do not, and I do not wish to have it; I am twenty-two.

How long have you been what you call an unfortunate girl? - Almost a twelvemonth.

You do not know there is a reward in these cases? - No, Sir, I do not.

CHARLES COOPER sworn.

On the 5th of this month I met the prisoner in Wych-street; we went to the public-house, there we had some conversation together, and agreed to go out to rob, in company with William Cousins .

Did you go? - Yes, we proceeded through Knight's bridge.

Were the two prisoners in your company? - Yes, the one armed with a cutlass, and the other with a pistol.

Which had the cutlass? - Cousins had the cutlass, and Lawson had the pistol; I had no arms; we proceeded through the back roads, through several villages till we came near Acton; we stopped thereabouts for some time, till at length I believe it was a hackney coach came near us; Cousins run out and called the coachman to stop; I seized the horses; Lawson went in at one door, and I went to the other; then I came round again, and stood by the horses, and Cousins and Lawson got into the coach; there happened to be only one lady in the coach; they had taken her money, and John Lawson took the cloak.

Which took her money? - Cousins, they demanded the Lady's ring, and she observed it was her wedding ring, and they desisted from taking it; after that we proceeded across the fields, and came to town; then we went to the pawnbroker's in Wild-street, and Lawson pawned the cloak for eight shillings; we then divided the money, and drank a glass of rum together, and I left them; they took from the lady a guinea and a half in gold, a half crown piece, a shilling, and two six-pences; I had fifteen shillings for my share, then I left them; I am sure the two prisoners were with me; I never was in company with Cousens before to my knowledge; I have known Lawson some time before.

Mr. Schoen. Which of the two prisoners took the lady's cloak? - Lawson.

Which took the money? - Cousins.

The lady has told us that only one of them robbed her, the others were on the outside of the coach? - I was on the outside of the coach, and the other two got in.

How long have you been in this way of life? - I came to speak the truth, and nothing but the truth; and I cannot deviate from truth; never in any thing on the highway, not for more than four years; I have never done any thing on the highway; I have never done any thing of the kind on the highway till this, within the last four years.

Perhaps you have been in the low way? - I get my bread in a different manner, I

have friends that are able and willing to assist me.

Before this four years how long have you been on the highway? - Not long, I was once unfortunate enough to be confined for it, and after I got out I was determined in my mind never to get into it again, till I was persuaded; I stood by the horses while they were in the inside.

WILLIAM BROOKS sworn.

I apprehended the prisoners.

ANN LLOYD sworn.

I was acquainted with the prisoner Lawson, but I left him; I had been acquainted with him above two years; I know nothing respecting the prisoners on the present charge; I was asked to go and redeem this cloak, but I could not go, and Buxton went about it.

Who asked you to go? - Lawson.

Mr. Schoen. You and Buxton came here in custody? - Yes.

PRISONER LAWSON'S DEFENCE.

I have no friends living in London; on Saturday the 5th of May, me and the prisoner were a walking along Russel-street, he said he was very much in distress, and had a cloak to pawn, and said it was his wife's; he asked me to go and pawn it, and I pawned it at Cowper's, and gave him the money; he gave the ticket to Cousins; since I have been in confinement, I understand the evidence Charles Cooper has been an evidence two or three times before; he makes a common practice of it.

PRISONER COUSINS'S DEFENCE.

The witness Cooper gave me the duplicate.

JOHN LAWSON , GUILTY , DEATH .

WILLIAM COUSINS , NOT GUILTY .

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

Reference Number: t17870523-3

451. JAMES THOMAS and DANIEL BROWN were indicted for feloniously assaulting John Tregoweth , on the King's highway, on the 21st day of April last, and putting him in fear, and feloniously taking from his person and against his will, two half crowns, value 5 s. his property .

JOHN TREGOWETH sworn.

On the 21st of April last I had a little business to do at the post-office; I was attacked about a quarter after nine at night; I was coming down Tower-hill; I was a stranger to the city, I saw the prisoner Thomas standing in the corner between two houses, I asked him the way to Iron-gate; I am sure it was him; he made answer, you are almost down within a trifle of the way now; he swore an oath upon me, that he believed I might be a seaman ; says he, I love a seaman as I love my life; says he, I have penny or two pence in my pocket, I should be glad to take part of a pot of beer; I said I should be too late, the gates would be shut, my vessel lay down the Tower-wharf; he said no, I should not, there was time enough to drink a pot of beer; I asked him where he was going, I had no objection; he said he knew a house; I went with him; I was no sooner there, but there were five surrounded me, one on each side of me, and three stood right before me; I understand it was in the Minories ; I called for a pot of beer, and there were two pots put on the table at once; so I said, gentlemen, I am not going to pay for two pots; one said, and the other said, I can pay for a pot; the beer was almost drank out; I gave the landlady a shilling to take change for a pot of beer; she would not take for one pot; then says I, take the two pots out of the shilling; I put my hand into my breeches pocket, which contained two halt crowns and that shilling, I took out my money as I do these coppers now; and Thomas who stood by me, says, oh, here is money enough to pay for the beer; I shewed the money; while I was paying for

the beer, they were all gone out of the house; and then when I had paid for the beer, I left the house also; I had not been out five minutes before I was seized on round the neck, and the prisoner Brown took hold of me.

Was the other man with him then? - The prisoner Thomas was immediately on his knees, picking the money out of my pocket: Brown kneeled on my breast with one hand at my mouth, and Thomas took my money out of my pocket, two half crowns; I am sure the prisoners are the men; I never saw them before, they were both in-the house.

How long might you be drinking this beer? - It might be ten or twelve minutes, I cannot say the exact time.

Had you candles? - There was light in the house, I could distinguish their faces very plain; I am sure they are the same persons, very sure.

Prisoner Thomas. Whether he ever saw me from the time he saw me in the house till after he lost the money? a man was brought into the watch-house, and he swore that was the person.

Court. Did you accuse any other person of behaving to you in that manner you have mentioned? - No other person but them two, there was another person taken into custody, I could not say he was the man; I knew he was not the man; I believe the watch took him.

Did you ever charge that other man with having treated you in this way? - No, I never charged any other person but the two prisoners, I am sure it was them; I was robbed on Saturday night, and on the Tuesday the prisoner Thomas was taken; I had not seen nor heard any thing of him in the intermediate time; as for Brown he was apprehended immediately, I put him into the watch-house myself; he never was out of my sight; the prisoner Thomas was apprehended by the description I gave of him to Mr. Robert Dawson .

ROBERT DAWSON sworn.

I am one of the head-boroughs of the parish; on Monday night after the robbery, I apprehended Thomas; on the Sunday night it was my night at the watch-house, I enquired his charge, and there was another man came to the watch-house to speak to Brown, and the watchman said he thought he answered the description of the other man, in consequence of that, he was taken into custody; on the Monday morning I saw the prosecutor; he described a very stout man in an orange coloured shag waistcoat, and a blue great coat; I knew the prisoner Thomas before, and in consequence of this description I apprehended him; I took him into custody on the Monday, and brought him to the magistrate.

When you apprehended him, did you give any information to the prosecutor? - He was committed till the prosecutor came; he was in the office; I was desired by the magistrate to let Thomas come in by himself, when he came in, he picked him our directly; there were twenty people in the office.

PRISONER BROWN'S DEFENCE.

The prosecutor never was the person that apprehended me at all; I was walking over Tower Hill, and another gentleman took me in his arms, and asked me what I had been after, I said nothing that I knew of; then the prosecutor came up and said I had robbed him; then they took me to the watch-house, and took me before the justice.

Prisoner Thomas. I wish to ask the prosecutor if he was not merely provoked by the officer at the Rotation Office to swear against me and this prisoner? - No.

Court. Was it your own free motion? - Yes.

And what you have said is all true? - Yes, it is all true, so help me God; every thing I have done and said is true.

Prisoner Thomas. There was a person here that was to speak the truth on my trial, he does not answer; I am very sure he could have proved me to be innocent.

Prisoner Brown. This man that is

standing here now is innocent of the affair; the man that took the money out of the man's pocket was not taken, that I declare in my dying hour; I have not been above four months from America; I am entirely a stranger in England; I came from Georgia in Savannah.

BOTH GUILTY , Death .

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

Reference Number: t17870523-4

452. MARY HENDERSON was indicted for feloniously stealing, on the 9th day of May , four silver tea spoons, value 6 s. the property of James Meyrick , Esq .

NATHANIEL BECKLEY sworn.

I am footman to Mr. Meyrick; on the 9th of May my master lost four silver spoons, between eleven and twelve, I was in the servants hall below stairs; I cast my eye round, and saw the prisoner coming out of the pantry; I called to her, and asked her what she wanted, she said, she came down for some broken victuals, I told her that was an idle excuse; I took her into the yard adjoining the pantry, and I insisted upon searching her; she had some things in her lap, and while she was undoing her apron, I saw some silver spoons in her bosom, they have a cypher upon them; I accused her with having them, and she threw them from her on the stones in the yard; I sent for a constable; I do not recollect picking them up.

How are we to know they are the same spoons? - I kept them locked up in my box ever since; I went for a constable, and left the woman in the care of my fellow servant; I was not half an hour gone; the spoons were laying in the pantry window when I came back.

Did any conversation pass between you about the spoons? - No other than I accused her of having the spoons, and she threw them down.

Had you seen the spoons before? - No; I never examined whether the spoons were missing, nor I never counted them.

Had the spoons you found in the pantry any mark on them? - Yes, they have my master's crest; I had no suspicion till I saw them in her bosom.

(The spoons deposed to.)

JAMES READ sworn.

I am butler to Mr. Meyrick; on the 9th of May I heard the other witness speaking to this woman about having stolen something, and I went into the pantry to see what I had lost, and I missed these four spoons, which I had used for breakfast; the woman was in the hall when he charged her, I told him to hold the woman while I saw what was missed else; and while I was looking, the spoons were found on the floor in the yard adjoining the pantry; they were taken up and put on the ledge in the yard, I do not know by whom.

Did you see the spoons afterwards? - I saw them after they were upon the ledge; the last witness took them and locked them up in his box.

Prisoner. I never saw the spoons; I asked for a morsel of bread.

GUILTY .

To be imprisoned six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870523-5

453. JOHN EVANS was indicted for stealing on the 12th of May , one cambrick handkerchief, value 1 s. the property of John Pollard , Esq .

JOHN POLLARD , Esq. sworn.

On Saturday, the 12th of May, I was coming up Cheapside , and just at the end of Foster lane, the prisoner picked my pocket of my cambrick handkerchief; I caught him with my handkerchief clenched in his hand, I am sure it was my handkerchief; I felt something at my pocket, and turned round, and found the prisoner with my handkerchief clasped in his hand; there

happened to be a constable by at the moment, I delivered him over to the constable.

Prisoner. Was not there two men before me? I had been to my sister for some linen; I have people to my character.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17870523-6

454. RICHARD YARDLEY and THOMAS CORBET were indicted for stealing, on the 20th day of April last, one cloth coat, called a box coat, value 10 s. the property of Charles Amber , Esq . six linen shirts, value 18 s. four linen handkerchiefs, value 4 s. one neckcloth, value 18 d. one pair of linen stockings, value 1 s. one silk handkerchief, value 2 s. and two pair of worsted stockings, value 2 s. the property of Joseph Catton .

James Shakeshaft and John Armstrong called on their recognizances, and not appearing, the prisoners were BOTH ACQUITTED .

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

Reference Number: t17870523-7

455. WILLIAM STONE was indicted for stealing, on the 9th day of April last, five linen shirts, value 50 s. seven cambrick neck handkerchiefs, value 7 s. four white cambrick pocket handkerchiefs, value 8 s. two linen handkerchiefs, value 4 s. one pair of black sattin breeches, value 30 s. a black sattin waistcoat, value 30 s. one pair of nankeen breeches, value 10 s. two pair of shoes, value 12 s. one pair of silver shoe buckles, value 40 s. one pair of stone knee buckles fit in silver, value 15 s. one pair of black silk stockings, value 5 s. one ivory German flute set in silver, value 7 l. one yard and a half of linen cloth, value 1 s. the property of Martin Madan , Esq .

(The witnesses examined apart.)

AMELIA KING sworn.

I am laundress to Mr. Madan, at his chambers, in Garden Court, No. 4, Temple; I packed up the things mentioned in the indictment, and delivered them to my husband to carry to the inn, in a coarse woollen wrapper, on Easter Monday; the things were to go to the Castle and Falcon in Aldersgate-street, to go to Leicester, to Mr. Madan; the things have never been found.

Mr. Garrow, Prisoner's Counsel. How long was it afterwards that you heard of any body being in custody? - About a fortnight afterwards.

WILLIAM KING sworn.

Do you remember on Easter Monday your wife giving you a bundle of things to carry any where? - Yes; I was to carry them to the Falcon and Castle in Aldersgate-street , to deliver them to the bookkeepers, and pay two pence with them; I went there about nine o'clock, and a tall man came to the gate, and asked me where I was going with that bundle; I told him I was going to deliver it to the book-keeper, to be sent to Mr. Madan by the Leicester coach, he told me the coach was going, and the book-keeper was not there, he was gone home to his own house to drink tea, if I would step with him a few doors round the corner, he would go to the book keeper's house, and bring him; I went with the same man round the corner of the street, and he said, go to that door where the lamp is, and knock hard, and the book-keeper will come; he went along with me, and while we were going to the door, the prisoner was on the other side of the door seemingly; he came out with a book in his hand, with an ink glass tied to the button hole of his coat, and a pen in his hand; he spoke to the man that went along with me in a rough manner, seemingly as if he was affronted with him, and told him he was coming directly; the other said, you are wanted Sir, to put down a parcel that this man has brought, to go to Leicester, says he, I am coming directly;

then the prisoner asked me whether I had paid the carriage for the parcel; he looked at the direction, I told him I did not pay for the carriage, but only for the booking; then he bid the other man take the parcel from me, the prisoner looked at the direction; to Martin Madan , Esq. at the Lion and Lamb, Leicester, and ordered the other man to take it to the inn directly, for the coach would be gone; the other man took the parcel as he ordered him to go with it, and he would come along with me; in the mean time the prisoner desired me to step on, while he stopped to make water; I was at the corner, I looked round and he was gone, and I could see no more of him; I then went to the inn to see whether they had taken it in or not, because after that I doubted the prisoner, I did not find the parcel at the inn; I went to Bow-street the next day, and laid an information, and they asked me to describe the people; I said, the man that was the book-keeper, stuttered much, and I should certainly know him; it was a dark night, but by the lanthorn I recollect his features well; this is the man that had the ink-horn and pen, and spoke rough to the other man, as if he was his master; that is certainly the man.

How long was it after you saw him? - Two weeks; but if I was to see him seven years hence, that is the man.

Mr. Garrow. The book keeper stuttered very much? - Yes.

You have not often been here? - No.

Then you do not know that all bookkeepers on these occasions do stutter? - I do not know.

You should know him by his voice very well? - Yes; and by the features of his face and his hair; I cannot say how long I was with him, it was a very short time.

Had he a flapped hat on, or a cocked hat on? - He had a flapped hat.

Have you any knowledge of his face at all? - I never remember to have seen him before that night, till I saw him at Sir Sampson Wright 's.

Did you swear to him before you heard him speak? - I did not know whether they had fetched the one that I looked upon to be the book-keeper, or the other; I did not see this man; but when I saw this man, and heard him speak, I knew him.

Did you fix on this man before he spoke? - No; I fixed on another man that was there.

Upon your oath did not you fix on another man before you fixed on this man? - What to substitute him as the bookkeeper, never; but as his servant.

You must mistake in that, you fixed on a wrong man, did not you? - Yes, I might, very like.

Did you, Sir, or not? - I did.

Who did that man turn out to be, that you fixed upon? - A man that seemed to be like the servant.

What is his name? - I do not know his name.

Do you know his name is Shallard; you fixed on him as the servant, and as the man who carried away your parcel? - Yes.

As the man who met you first in the yard, as the man who walked with you to the corner, as the man that carried away your parcel at last? - Yes.

You was mistaken in that man? - They tell me I was.

Have you any doubt? - I do not give any thought of it.

Do you mean now to say, that you believe the man upon whom you fixed at Bow-street, is the other man that was concerned in this robbery? - No, I do not believe he was the man.

Then you believe you was mistaken? - In that part; I did not see this man at all.

Was he in the room at the time? - He might or he might not.

Upon your oath, was not he in the room at the time; did you instantly fix on the prisoner in the room? - No, Sir.

Do you mean to swear that you believe he was not in the room? - He might have been in the room and yet I not know it.

Did not you know that he was in the room? - He might be in the room.

Do you venture to swear that you believe he was not in the room? - He might be in the room.

Do you believe he was in the room? - He might be in the room.

Do you now believe he was not there? - I neither believe whether he was or was not.

Will you venture to swear that you believe he was not in the room? - He might have been in the room, but he never spoke.

Do you believe he was in the room or not? - Well, I believe he was in the room.

How much is Shallard taller than that man? - A good deal taller.

Do you swear that? - I think he is taller.

Will you venture to swear that you believe him to be an inch taller than the prisoner? - I certainly will venture to swear that he is taller than this man.

You said at the beginning that the other was a tall man? - Yes.

Do you believe Shallard is a tall man or any thing like a tall man? - I say he is taller than the prisoner at the bar.

Will you venture to swear that? - What a man thinks, and swearing, is a different thing; I swear I believe he is taller.

How soon were you convinced that he was not the man that had taken away your bundle? - I never took him for the bookkeeper; I walked with the man that took my bundle, some yards, close to him.

Then you had an opportunity of observing him? - Yes, this man stood with his back at the door, and I looked upon him as the master, and I took strict notice of him; the other man was longer with me; it was not above five or six minutes walk; I observed him so far as the darkness of the night would let me.

It was a fortnight afterwards before you saw him? - Yes.

Did you go to search his lodgings? - No, these things were never found again; I do not know where he was taken; I was not present.

(Shallard called in.)

Look at him and tell us if that was the man that you first fixed on? - Yes.

Are you sure? - Yes.

JOHN SCOTT sworn.

On the 9th of April, the prisoner came and took coach and another man with him; it was of a Monday, to the best of my remembrance; the second Monday in the month of April, between nine and ten.

(Mr. Garrow to Shallard. How high are you? - About five foot seven.)

Scott. The prisoner put a bundle into the coach, and ordered the coachman to drive to Pitfield street, Hoxton; I drove the coach; I did not know what was in the bundle; another man was with them; I set them down just at the corner, going into the street.

At any house? - Yes, I did not stay five minutes; they paid me half a crown.

Which of them paid you? - The other man.

Who took out the bundle? - The other man.

Was the other man taller or shorter than the prisoner? - Taller, with a round hat on.

Did you know this man before? - I have known the prisoner Stone these seven years.

Where does he live? - I have known him in the parish of Saint Luke's and Cripplegate together.

Where does he live now? - In Ironmonger-row.

Which way did they come from when they came to take the coach? - They came up Ludgate-hill, or across the church-yard; I cannot say which.

Did you know the other man at all? - No.

What is Stone the prisoner? - I believe he is a watch-maker .

Do not you know the house where you set these people down? - No, I cannot say I do.

Should you know it again? - Yes.

Mr. Garrow. What is your number?

- 919; I was out only for a man that was ill.

You are a common watering-man; how long have you drove for that man? - I was only out that day.

I think you have a little impediment in your speech sometimes? - No Sir.

How long have you been a watering man? - These seven years.

How many fares did you drive that day? - I only earned four shillings before.

Did you drive the next day? - No.

Whose coach was it? - One Mr. Cuttle's; he lives at Chelsea; his man was taken ill at our house; the Tobitt's Dog, the watering house.

What time of night was this when they came to you? - Between the hours of nine and ten.

Where did you go to, do you recollect? - I went from Saint Paul's to Charing-cross first, then I came back and got half a crown to the Minories; the first fare began at half after three in the afternoon.

Be so good as to tell us whether you can read or write? - I can write.

You keep accounts perhaps? - No.

How came you to recollect it was the second Monday in April? - Because I did.

How came you? - I know it was the ninth.

How do you know it was the ninth? - Because in the morning two coachmen laid a wager it was the 7th.

Where was the wager decided? - In the house.

When? - That very day.

Who were these coachmen? - I do not know.

Have not you a good many bets made in the house? - I do not know, there may be at times.

How soon was you after at Bow-street? - About a fortnight after.

Had any of your other fares any bundles? - No Sir, none at all.

Do you often drive? - Not very often; I only put people into coaches, and they very often have bundles.

Was you present when King pitched on Shallard; you know Shallard well enough. - I was not there.

How many years have they known you at Bow-street? - I never was there in my life.

PRISONER's DEFENCE.

I only beg the favour to call in two witnesses in my behalf.

CHARLES JEALOUS sworn.

I went to order King to attend; I believe he is a servant to Mr. Madan, in the Temple; after he came up to Sir Sampson's, Stone was in the first parlour, at the Brown Bear; and he was desired to go into the parlour to see if he could see any body there; I desired Shallard to go over with him, at last he turned round and said, this is the man (pointing to Shallard); why says I, this is the man that came over with you; he said at Bow-street, that the prisoner was the book-keeper, and that Shallard was the man that took the parcel; Stone was likewise at that time in the room; he was sitting down, but looking up; he never held down his head at all.

JOHN SHALLARD sworn.

Was you one of those that was pitched upon as having stolen this bundle? - I was, the man made a stand and looked at me; in consequence of that, I looked at him; says he, you are the man; oh! then says I, let us go over the way; then we went over the way and Stone was there.

N. B. Shallard went into the bar and stood by the prisoner, and appeared almost an inch taller.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-8

456. THOMAS HUGHES was indicted for stealing, on the 26th day of

February last, one pair of fore coach wheels, value 20 s. the property of Mary Birch .

A second count, for stealing, on the 5th of March last, a pair of coach harness, value 3 s. her property.

A third count, for stealing, on the 6th of March last, one hind coach wheel, value 3 s. her property.

MARY BURCH sworn.

On the 20th of February last, I lost a pair of coach wheels; they were in the yard; I live in Newport-street ; I was informed the prisoner offered such a pair for sale to John Hoare .

JOHN HOARE sworn.

The prisoner came to me and said, he had a pair of wheels to sell; he said they were not his property; another man was with him that was like a wheeler; he offered them for a guinea; I never saw the wheels; he said, they were in a cellar at Saint Giles's, and that they were the other man's property that was with him.

ELIZABETH LITTLE sworn.

I bought a pair of wheels of James Starling ; he brought them to my stables; I keep hackney coaches; I gave one pound twelve shillings and sixpence for them; the prosecutrix came and claimed them in my coach-house, as they were painting.

Prosecutrix. I saw these wheels in the possession of Elizabeth Little ; they were my property; I took the wheeler that made them; he is here to prove they are the wheels he made for me; on the Monday night following, I had a pair of harness stole; and on Tuesday night following, I had a hind wheel stole, and I found that the prisoner had sold the harness to one Thomas Walter ; he is here.

THOMAS WALTER sworn.

On the 6th of March, the day after the prosecutrix said she had lost these things, this Starling came to me about nine at night, and called me down stairs, and asked me if I had ever a yard to put a hind wheel in; I told him I had not, but he might run it down the yard that night; I went up with him to the corner of the gateway, and the prisoner was standing at the gateway, Starling and me went to the public-house, and the prisoner with us; the prisoner asked me if I wanted to buy a good harness; I told him no, I had two, that was enough for me; he told me it would not come to much money; why what money? says I; why, says he, not above three or four shillings; I told him they could not be very good; he said no; I told him he might bring them down in the morning, and I would look at them; in the morning this prisoner and Starling came down with the harness; the prisoner had the harness on his back; I asked him what he asked for them; he said four shillings; I told him no, I would give him three, and I gave him three shillings for them; and in about half an hour after he was taken, and I heard who they belonged to, and I sent the harness home directly.

Who was the prisoner taken by? - By Mrs. Burch's man, and two or three more; we saw him come down the yard.

Is the man here you sent the harness home by? - No, I saw the harness here last session, that was the same that the prisoner sold me.

Court to Prosecutrix. How came you by your harness again that was stolen from you? - It was sent home; I was not within, the wheels came home at the same time; I am sure they are my property.

RICHARD CROOMBE sworn.

I made the fore-wheel, or the man that works for me, which is equally the same; they were made for Mrs. Burch; I saw them afterwards where they were sold, and they were the same that were made for her.

PRISONER's DEFENCE.

I have nothing to say.

Court to Prosecutrix. Was you here at the last sessions? - Yes.

Was that harness produced here? - Yes,

it was the same that I had lost, and afterwards sent to my house.

GUILTY .

Whipped .

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

Reference Number: t17870523-9

457. JOSEPH HOARE was indicted for stealing, on the 18th day of May instant, one silk handkerchief, value 10 d. the property of William Henry Dowd .

The prisoner was seen by John Newbank , picking his pocket in the Poultry , and was taken instantly; the handkerchief was on the ground, which William Clarke saw the prisoner drop after Newbank seized him.

(The handkerchief deposed to.)

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

GUILTY.

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

To be privately whipped .

Tried by the London Jury before Mr. Baron PERRYN.

Reference Number: t17870523-10

458. MAJOR BUCKERIDGE , aged thirteen, was indicted for feloniously breaking and entering the dwelling house of Edward Gibson , on the 18th day of May , about the hour of eight in the afternoon, William Hobbs , William Hollands , and others of his family then being therein, and stealing therein two muslin handkerchiefs, value 8 s. his property .

NOT GUILTY .

Tried by the London Jury before Mr. Baron PERRYN.

Reference Number: t17870523-11

459. SAMUEL TOOMES and WILLIAM ELLICOTT were indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Hindman , on the 18th of May , about the hour of one in the night, and burglariously stealing therein, four china bowls, value 4 s. twenty-two china plates, value 3 l. twenty-four china dishes, value 3 l. a copper coal skuttle, value 5 s. a copper tea-kettle, value 5 s. a copper cullender, value 2 s. an iron poker, value 12 d. an iron sender, value 12 d. a pair of iron tongs, value 12 d. a canvas bag, value 12 d. and fifty pounds of soap, value 30 s. twelve gallons of a certain foreign wine, called Madeira, value 5 l. and forty-eight bottles, value 8 s. his property .

(The case opened by the counsel for the prosecution.)

THOMAS HINDMAN sworn.

I am a captain in the East India service , my house is at Bethnal-green ; I went to bed over night; I am convinced my house was fast that night, and as a proof of it, here is one of the locks forced out, which belonged to one of the outside doors; the door goes out of the coach-yard into the garden; I went to bed on the 18th with the full security that my doors were fast.

Court. The lock of this door was not a door of your house, but only a door that went from your coach-yard into your garden? - Yes, there were five doors broke, and two of them led immediately into the dwelling-house.

THOMAS WHITE sworn.

I was the last up on the night of the 18th; I am servant to Captain Hindman, I went to bed about ten, I left the house fast and secure, I am very particular every night in fastening every one of the doors; I fastened every one of the doors, and all the windows; I am very certain sure that they were every one of them fast, the doors and windows, for I fastened them myself; and a little before four I was alarmed on Saturday last; we were alarmed by the cry of murder and thieves; I alarmed my master, and after seeing him

come out of his chamber (for I did not know but he was murdered); I then understood by him that the house was broke open; after I had called him, and given him to understand what was the matter, we then with all possible haste went down stairs; we went down together, and going into the back kitchen, we found every thing in very great confusion; we found the store-room broke open, and likewise the outer door of this back kitchen; the outer door led into the garden; I am positively sure that door was both barred and double bolted the night before; we did not stop there, but went immediately into the coach-yard, and the first thing I saw there was this lock, all shattered to pieces; then coming into the coach-yard, I fixed my eyes on Gould, a coachman in the neighbourhood, having fast hold of Ellicott the prisoner by the collar; he was struggling with all his might to get away; by this time other assistance came, and he was secured; we found there were five doors broke open; I fastened four of these doors, and the store-room door I did not fasten, because that is kept fast, unless any body has occasion to go there; my master kept they key of that, I found every thing in great confusion, there was the great washing copper brought into the coach-yard, and lay in the middle of the yard.

Was that washing copper set? - Yes, it was taken down, and all the bricks taken off, as if there had been a bricklayer at work; it was fast in the bricks the night before.

Court. Must that not have taken up a considerable while doing? - I should imagine it must; and all the lead belonging to this great washing copper was laying by the side of the copper in the coach-yard; two baskets of china plates were in the coach-yard; a pail full of bottles of wine, and a little copper saucepan, and several other things laying in the yard.

Had you seen these within the house before you went to bed that night? - The copper coal-skuttle I left myself in the back kitchen over night, and it was found in the coach-yard; the china was in the store-room over night, I only at that time saw Gould have fast hold of Ellicott by the collar, I know nothing of Toomes.

Captain Hindman. I was alarmed a little after three by a prodigious noise and confusion; I immediately flew to my pistols, I laid one on the table, the other I held in my hand; I expected from the noise the door would be broke open, but it not being so, I then opened my chamber-door, my man was near the door and speaking, I do not recollect what he said; I ventured across the passage with the pistol in my hand, I threw up the passage window that looks into the coach-yard, and there I saw this witness Green, with the prisoner Ellicott by the collar; my man called out, my house was broke open and robbed; I returned to my chamber, put on my breeches, and ran down stairs, as I was; took my great coat out of the hall, went below through the servant's hall into the back kitchen; and there I saw a compleat heap of ruins; it was nothing else, I did not stop a moment there; I went through into the coach-yard, and I went immediately to Green; another man or two came in from the alarm; I saw Ellicott very well safe and secured, he told me the other man had made his escape by biting the hand of Gould the coachman; but there were people in pursuit of him, and he would be speedily taken; and while he was talking, he said, there he is Sir, he is taken, they have got him on the side of the green; I then became sensible that I was without stockings or a waistcoat, or any thing round my neck, and was very cold; I went and dressed me, and came down; the first thing I saw on the kitchen table, nearly where the copper had been fixed, was this iron crow; there were great marks of violence on the door where they had broke it open; they had forced all the staples by which the bolts were secured; from thence I went into the coach-yard, and there I saw the copper that had been set with brick-work, and the lead that covered the copper by it, and two

baskets of china plates, one containing thirty plates, and the other twenty-nine, and several other things that I did not particularize, which I do not recollect immediately; on the whole, had any indifferent person been passing by, he would have said, Sir, I suppose you are moving; we suppose we lost six or seven dozen of plates, taken away entirely.

Were those ever recovered again? - No.

What quantity of wine did you lose? - I really cannot say, there was a great deal in my binn, and there is hardly any thing of wine left in the binn, the binn was open; I should not have thought of the wine, had I not seen the pail in the yard with some bottles in it; from the work they had done, and what they must have carried away, I am almost sure they could not have been in the house less than two or three hours; it is incredible, and exceeds all belief, such a rapacity there had been used.

What hour was it in the morning when you first got up? - I suppose when I was first alarmed it wanted twenty minutes to four; I went immediately to the watch-house, to see that they were properly secured, that the people might not leave them; Toomes was also taken to the watch-house; there we searched them, and on the prisoner Ellicott was found a tinder-box with tinder in it, and a flint and steel, and a bundle of matches; and on the prisoner Toomes was a pocket full of grocer's currants; they had been in the store-room: I then went to the magistrate and attended their examination; before I went into the yard I was walking through, and I picked up the neck of a shirt, and handkerchief; I put them in my pocket; and on their examination I produced the neck of this shirt, and begged the magistrate to examine the two prisoners, to see if either of them had lost the neck of their shirt; a man now in court, one of Mr. Wilmot's men, examined Toomes immediately, and discovered the neck of his shirt off; and on comparing it, it exactly fitted; I saw it fitted; the prisoner Toomes evidently wanted the neck of his shirt, the handkerchief was not claimed; I saw several other things that were found in a ditch, which I swore to, and are my property. (The coat skuttle produced) I know it, it has no particular mark, but from seeing it for years; that kettle, and saucepan and two large pieces of soap, I cannot swear to soap; but the bag the soap was carried away in, I swear positively to.

(The prisoners here desired the witnesses might be examined separate.)

JAMES GREEN sworn.

I am a weaver; I live within a few yards of Mr. Hindman; I was going past between three and four on Saturday morning the 19th; I was walking on that side of the green, when I came even with Sugar-loaf-alley, I saw two men at about forty yards before me.

Court. What had brought you out at that early hour? - Why Sir, I am a very early riser, and I commonly go to the pump and wash myself before I go to labour, I have made it a practice for years past; the two men that I saw, were coming towards Captain Hindman's house, one of these two men had a bag under his arm, and by their appearance they were very dirty, and I thought they looked like very suspicious persons, and I thought it was not proper for me to meet them, and I turned off to go right across the green, there is a causeway opposite Sugar-loaf-alley that goes right across the green; I was fully determined to watch them, and before I got half over the green, I lost one of them; and as there was no turning for them to turn up, I concluded, they must go into some of the coach-houses and gateways, for there are three or four coach-houses; I watched the other, and my eye was never off of Ellicott, till I saw him go into Captain Hindman's yard; when I saw him go into Captain Hindman's yard, he shut the door after him, then I walked a little further across the green towards the Peacock, and I thought it was not proper to attack him myself; then I got across

the green by the road side, and in about five minutes after, I saw Mr. Gould locking up his coach-house gates, which are about forty yards from Captain Hindman's; after he had locked the gates, he came up the same path I had come up; he came up to me, and I told him what I had seen; we went to Captain Hindman's door, but the door was fast; then the coachman got upon the wall and got into Captain Hindman's coach-yard; by that time I got across the green (for he out-run me) he came out at the same door I had seen Ellicott go in at, with Toomes in one hand, and Ellicott in the other; I ran up to his assistance, and they struggled in a very furious manner, when I saw him, I ran up to Mr. Gould's assistance, and when Toomes broke loose from Mr. Gould, I was within two yards of him; I pursued Toomes to the corner of Sugar-loaf-alley, which is about twenty yards; then I perceived Toomes get ground of me in running, I thought I should not be able to take him, I thought it was the best way to raise an alarm, which I did, by crying out, murder, thieves, stop thieves for God's sake; by that alarm Toomes was taken in less than five minutes, by French and Crisp; then I went and assisted Gould in taking Ellicott; then we came into the coach yard, and there we gave a very loud alarm to the family; in the coach-yard I saw a great copper and lead, and a pail full of quart bottles of wine, and two baskets of china, and variety of articles of kitchen furniture; it appeared like a broker's shop in short. Upon my oath, the prisoners are both the same men; Mr. Toomes was the man that ran before me, and Ellicott never was out of Gould's possession; I am positive to Toomes.

THOMAS GOULD sworn.

I drive a hackney coach; I came from Ranelagh; between three and four in the morning, while I was putting my horses in the yard, I saw the prisoner Ellicott standing against the rails by Captain Hindman's door; after I had done my horses, I walked across the green home, and I met Green, and he told me, he had seen two men; then I went to Captain Hindman's, there were some ducks in the yard, and I heard them make a noise as if they had been disturbed; I got over the wall, I could not see any body in the yard; I saw some things in the yard, so I thought there was somebody forwards in the house, I got down off the wall, and looked into the coach-house, there was nobody; I saw the gate open that leads into the garden, I looked in the garden, there was nobody there; I saw the door of the house open, I went into the house, and in the first room on the right hand, I saw the two prisoners in the room, I am sure they were the two prisoners, when they saw me coming by the room, they pulled the door to, a very little time, then they threw the door open, and ran out both of them; I caught one with one hand, and the other with the other; there we had a scuffle till we got into the road; when we got into the road, Toomes's shirt collar tearing, he got from my hand; I kept Ellicott in my hand, Toomes got from me, and was retaken by other persons.

THOMAS FRENCH sworn.

I took Toomes in custody; I came off my watch about ten minutes or a quarter before four.

JEREMIAH CRISP sworn.

I was with French that morning at Bethnall Green; I saw the prisoner Toomes taken away through Sugar-loaf-alley; we met the prisoner in Blue anchor-alley, about four hundred yards from Captain Hindman's, there we seized him, it was the 19th.

JAMES SHAKESHAFT sworn.

This shirt collar was produced by Captain Hindman; seeing it black, I called Toomes, whose shirt was very black, it fitted it, and I saw the gathers just the same as his; it fitted exactly; I went to Ellicott's lodging, and to Toomes's; and at Ellicott's, in the coal hole, buried by the coals, I found this center-bit, and a screw,

and these keys on a table, and this little hand vise.

Where were the lodgings of Ellicott? - In Wentworth-street, Whitechapel; I believe it to be in Whitechapel parish, I believe it to be a mile from the prosecutor's.

What way of life is Ellicott in? - He is a shoe-maker I believe; the magistrate asked him how he came by these implements, he said he had had them a long time by him.

Prisoner Ellicott. I took a ready furnished lodging, and these things were in the room when I took it, they did not belong to me.

PRISONER TOOMES'S DEFENCE.

I am a watchmaker by trade; I have a wife and four small children; I was out of work; I saw this gentleman's yard door open, and saw the things standing about, I went with an intent to alarm the house, and before I could alarm the house, a gentleman came in and took us both, I told him I did not know what it was for.

PRISONER ELLICOTT'S DEFENCE.

I was going out to look for a little work about four, and coming home past this door, I met this man; he asked me where I was going to, I said I was going to look for some hay-making; we saw some things standing there, and we both went in, and soon after Mr. Gould came in and laid hold of us both, and fell a kicking of us both about.

BOTH GUILTY , Death .

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

Reference Number: t17870523-12

460. JOHN MORGAN was indicted for stealing, on the 11th day of May , one piece of printed callico, containing twenty-one yards, value 3 l. the property of David Heron Pugh , in his dwelling house .

DAVID HERON PUGH sworn.

I live in Cheapside ; last Friday se'nnight; I lost a piece of printed callico; I believe the piece is mine.

WILLIAM FOX sworn.

I was crossing Cheapside, and going down Milk-street, on Friday the 11th of May; I saw this boy and two very suspicious persons behind him; this boy had a piece of print in his apron; being in the print line myself, I suspected this boy had no business with that piece of print; I looked very hard at him, and the two persons following him; we passed into Mitre-court, and one of the men following him, pushed against me, and I fell on one side, and I heard him say to this boy, run; I passed through a passage, and the two fellows held me between them; I told him I would knock him down, if he did not instantly let me pass, and the boy in that instant made off; I thought it was more proper to take the boy than the fellows; I ran after him and overtook him in Cheapside; I asked him how he came by that piece of print; he turned round with a degree of impudence, what is that to you? I said, I should take care of him, if he did not tell me how he came by it; as I was leading him by the arm to the Compter, he said, he found it; I left him in custody at the Compter, and took the property to my house, and sealed it; as there is a mark to every piece of print, we know where to apply in the trade for the printer; I went to the printers, and they informed me it was the property of Mr. Pugh, which was about ten yards from where I first saw the boy with the property in his hand; the men got off.

FRANCIS CROXFORD sworn.

I am servant to Mr. Pugh; I cannot say when this piece of goods was lost; amongst the quantity we have, it is impossible; there is my mark on the piece in my own hand-writing; I saw it the day before; this is the very identical piece.

( John Clarke produced the piece, valued at three pounds.)

Court. Is your warehouse a part of the dwelling-house? - Yes, the dwelling-house is over it.

PRISONER's DEFENCE.

Coming home from Whitechapel, I saw a man drop this on the ground, and I picked it up, and I was going to give it to the man, and they caught hold of me.

GUILTY, 39 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-13

461. ANN WICKS was indicted for stealing, on the 8th day of May , a silver watch, value 20 s. a chain, value 6 d. a key, value 1 d. a seal, value 2 d. and one pebble seal, value 3 s. the property of Giles Harding .

NOT GUILTY .

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

Reference Number: t17870523-14

462. ANN FOSTER was indicted for stealing, on the 30th of September last, one silk cloak, value 4 s. the property of Joseph Wright .

NOT GUILTY .

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

Reference Number: t17870523-15

463. MARY WALKER was indicted for stealing, on the 19th of April last, a live sow pig, value 30 s. and three barrow pigs, value 30 s. the property of Thomas Lissor .

NOT GUILTY .

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

Reference Number: t17870523-16

464. JAMES HOULTON was indicted for stealing, on the 23d of April last, 21 lb. weight of lead, value 10 d. belonging to Robert Semple , fixed to his dwelling-house .

A second count, for stealing the same property of the said Robert Semple .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-17

465. GEORGE HYSER and GEORGE ELLISON were indicted for feloniously assaulting Richard Burrell on the King's highway, on the 10th day of May , and putting him in corporal fear and danger of his life; and feloniously taking from his person, and against his will, four shillings in monies numbered, his property .

Mr. Burrell ordered to withdraw, while the case was opened by the counsel for the prosecution.

RICHARD BURRELL sworn.

What are you? - I am a stable-keeper ; I live in Crutched-friars, No. 67.

What happened to you on the 10th of May last? - I went from my own house, from thence to Covent Garden play-house, I was in the gallery, and alone; when the play was over I came out, and it rained pretty fast, I crossed over Broad-street through Bow-street, into Drury-lane ; I had gone on some little way running, on account of the rain, and I heard a voice behind me saying, what makes you run so fast? I was running towards Temple-bar, I thought it had been somebody I knew, and I immediately stopped and turned round, and saw it was a stranger, and asked him, what it was to him? I then walked on, and he came up to the side of me, and he asked me if I did not know him? that was the prisoner Hyser; I told him I did not know him, I said no; he then asked me if I did not intend to give him something? I asked him for what? he then said, do not you remember unbuttoning my breeches, and putting your hands in? I was very much frightened, I told him he was an impudent rascal, and to go along about his business; I immediately crossed the way, and went down into the Strand, I thought it was a more publick place; he said, I will follow you, and by God I will charge the watch with you, if you do not give me something; he still kept talking to me, and said, he would charge the watch with me if I did not give him something; I told him he might, I was ready to go any where with him; I then met the prisoner George Ellison , that was just on the other side of Temple-bar, the other man stopped and spoke to him,

and I walked on, and did not hear what they said, they spoke for about a minute, and then they came on each side of me; I had not got above two or three yards; I had not run, nor any thing, I kept walking on; then Ellison said, I had better give him something, or by God he would charge the watch with me; I made no answer, and he said to the other, do not let him go into the city; I told him I lived in the city, and I was going home, and if I had done any thing amiss, I should not go out of my way, but go directly home, without they stopped me; Ellison said, do not you leave him; says the other, I do not intend it; and says Ellison, I will see you through it; I walked on a considerable way, then they said nothing to me, but kept walking on each side of me; then Ellison said, do you think we are going to follow you all night? have you got no money about you? that was in Cheapside; I told him I had none, and was going directly home; I then went on to Leadenhall-street; then they both closed me, and said, you must have some money about you; they put their hands on the out-side of my pockets, to feel what money I had about me; I bid them keep their hands off, and I put my hand in my pocket and took out what money I had, which was some silver; Ellison then said to me, give it to that man, if he is satisfied, I will follow you home; the prisoner Hyser took the four shillings out of my hand, and he said, what four shillings! do you think I am satisfied with four shillings? then I walked home, and the prisoners followed me; and Ellison said he would call in the morning, he said that in Jewry-street; they did not say any thing to me after they had taken the money, till they came to Jewry-street, that is where I live, it is in Crutched-fryers which joins Jewry-street; they went and stood on the other side of the way while I rung at my own door; before I crossed the way Ellison asked me if I lodged there, I told him I did; that was before I rung, before I came up to the door, the other did not say a word, I went in, the prisoners were in sight on the other side of the way; then the next day, about twelve I think it was, I had been out.

Who let you in? - The maid servant; the next day at twelve o'clock, as I was coming home, I met Ellison in Jewry-street, I did not know him again, he accosted me; says he, I have been at your house about that affair of last night; says he, they tell me you are master of that place, I told him I was not; then says he, I suppose you are a clerk, yes says I, I am; says Ellison I called for money, and expected a genteel present; but I have no money about me, said I, I must get you to call at five o'clock.

Then had he asked you for any money, that you said you had no money about you? - Yes, directly, as he met me, he said, he called for some money of the affair of last night.

You said nothing about money at first? - When first he met me, he said, he had been at my house; why says he, they say you are master of that house; I told him I was not.

When did he say any thing about any money? - After that, he said, he called at my house for some money, and expected I would make him a genteel present; as soon as I told him I was not master of the place, then he said, he supposed I was a clerk, and he called for some money, and expected I would make him a genteel present; I told him I had no money, but to call at five o'clock; says he, I shall not leave you, I shall see you into the counting-house that you belong to; I told him, if he would call at five, I should be sure to be at home; he said, he insisted upon seeing me to the counting-house; for, says he, your life is in my hands, and if you was master of that place, I would not make it up for less than 100 l. I called on my taylor directly, instead of going home; he lived in Smart's-buildings; Ellison walked by the side of me; I told him that was the counting-house; I rung the bell; I waited a considerable time before they opened the door; and he stood down the gate-way

all the time; I staid about ten minutes at my taylor's, and then I came away; the prisoner was not there when I came out; then I went to Mr. Pinner, the constable, he lives in Jewry-street; he was not at home; I desired his wife to send him to me as soon as he came in, she sent him in a few minutes, and I told him the whole story, and that they were to be there by five o'clock, and that I meant to charge a constable with them; I desired him to be there as an officer; he asked me if I thought he had a right to take them without an authority from a Magistrate; I told him I would run all hazards of that; I went with him to Sir William Plomer 's, but he was not at home; said I, do not you mind, I will run all hazards in taking them; he came down about half after four, and told me he had spoke to another officer, who said, if he would let him know, he would come with him and take them; by all means, I desired him to bring him; I told him, if he would sit in the kitchen, which adjoins to the parlour, he would hear what was said there; Mr. Pinner came down at five, and just as the clock had struck, the prisoner Ellison rang at the bell, and I opened the door to him myself; I desired him to walk in, and asked him where the other person was; he told me, he was just by, and if I would satisfy him, I might depend upon it, I should hear nothing more from the other or him; I said, I should not do any such thing without the other person was there; he said, he would call him; I opened the door, and he went out and fetched him; he did not stay two minutes, and he brought the other in; now said I, what do you mean to demand; Ellison said, he should not make any demand, but I must give him something, and then he would tell me, whether he was satisfied or no; the officers were sitting behind the door all the while; says I, will a guinea a piece satisfy you; and he said, yes, very genteely; immediately both the officers rushed in; then they were taken into custody; Cook, the other officer, said, you give charge of these two men? I said, yes; and Ellison said, I only called to return the four shillings; and he threw down some silver on the table, which the officer took up; they insisted I should go with them to the Compter; and Mr. Cook said, I know Mr. Burrell very well, I shall take you; I shall not take him.

Mr. Garrow, prisoners Counsel. You are a master hackney-man? - Yes.

You had been at the play this evening? - Yes.

Alone? - Yes.

You had not been any where after the play? - No.

You was returning in Drury-lane? - Yes.

You had come down Drury-lane so as to come near this side of Temple-bar; you had not been at Somerset-house at all? - No.

Not in the course of that evening? - No.

The first time Ellison made his appearance was after the conversation between you and Hyser? - Yes.

That conversation began by somebody calling to you in rather a familiar way? - Yes.

That somebody immediately charged you with committing some indecencies? - Yes.

He then told you that he would charge the watch with you if you did not give him something? - Yes.

You d - d him for a scoundrel, and said, you would give him nothing? - Yes.

He did not take to his heels and run? - No.

He walked on side by side; he was met by Ellison, and had some conversation; upon which, Ellison joined in the persisting that you should make some satisfaction for your supposed misconduct? - Yes.

We heard of some things which must at present be unintelligible to the Court; what may be the meaning of his having been at your house, and found out that you was the master? - What is the meaning!

What did he mean by that expression; why, they tell me at that house you are the master! Did not you tell him that you was

not the master, and that your name was Thomas, and that you was the clerk? - I did not, I only said, I lodged there.

Did not you tell him that your name was Thomas, and that you was clerk there? - I did not; he never asked me my name.

Did you tell him your name was Thomas? - I did not, I am sure of it.

You did not tell him you was a merchant's clerk? - No, he asked me if I lodged there, and I told him I did.

Pray, you walked all along with these people from Temple-bar to Crutched-friars? - Yes.

A rainy night, passed several stands of coaches, a vast number of watchmen, and these people walking, sometimes by the side of you and sometimes just before you? - Yes.

It rained pretty fast; did it not occur to you to call a coach? - No, Sir; I had a great coat on.

So that not only protected you against the weather, but against the attack of two people that charged you with an unnatural practice; it did not occur to you to call a coach nor charge the watchman with them? - I thought if I had charged the watch with them, I must have gone to the watch-house with them, and it was a very late hour of the night; besides that, I should not have had an opportunity of explaining myself to them.

You mean by that, that there would have been charge for charge? - He told me, however innocent I might be, there were two of them to swear against me; that did not strike me before; I dare say it is in my examination.

Why did not you stop at some watch-house? - Exactly for the very same reason; I had two men to swear again me.

Why, you are a house-keeper? - But they did not know that; and I had the same reason at Crutched-fryers.

What did you think of it when you got to your own house, where you have a watchman of your own? - I have not; there is a watchman in the street opposite to my dwelling-house, but not belonging to me.

He might know you? - I dare say he might; the reason I did not apply to him, was, because these men had just the same plea then, and I thought if they called the next day, I should have a friend there; I applied at two o'clock.

Did you apply till you had met Ellison? - No, I did not think they would have the impudence to come again.

Why, you told me this instant, that you intended to have got a friend to come in the morning while they were there; then you did not feel that it was necessary to get a friend ready to attend? - I did not apply to any body till I met Ellison.

How long have you been a hackney-man? - Almost ever since I have been born; my father has been one these forty years.

You have had a variety of servants, in the course of your time, and some of them have been promoted to a considerable dignity? - No, not of mine; my father had a coachman that was killed in the pillory for unnatural practices; I was not then a master hackney-man; that is about nine years ago.

This man insisted upon going home with you, and told you he would call again the next morning? - Yes, I never said a word to him whether he was to call again the next morning.

You left no directions with your servants in case persons of suspicious character should call? - No.

How many servants do you keep? - I keep eight or nine servants; they were gone to bed; they were at home.

Then I understand, that till after you had met Ellison the second day, you never mentioned this to any human being? - I do not recollect that I did.

Do not talk so? - Then I did not; I was about my business as usual, and I staid at home two hours later than usual, meaning if this man came to secure him; I could have secured him.

Why, had you desired any body to attend,

or taken any precautions? - No, I staid at home two hours, if he had come, but I did not think he would have the impudence to come.

The first thing this man said, when he met you in Jewry-street, was, that he had been at your house about this affair of last night? - He said, he expected I should give him some money.

He told you he had been at your house, and found you was the master? - I know now, he has been there; I do not at this moment know what he said; I never asked nor never heard.

The first thing he said was, why, they tell me you are master of that place? - I had not spoke to any body, till I went to my taylor; I told Ellison that was the counting-house I belonged to.

There you staid ten minutes, till he was gone; did you tell your taylor what passed? - Nothing at all.

Did you tell any body? - Nobody; I went to Mr. Pinner directly; I did not speak to any body; I gave no information to any public office.

What part of the house did you sit in, in the play-house? - The two shilling gallery.

Alone? - Alone.

Upon the second day, this man told you, I shall not leave you, I shall follow you home; I will have satisfaction of you, and he went with you till you came to your taylor, insisting that he would not leave you, though you told him if he came at five, you would give him money? - He said, that he would not leave me if a bayonet was run through him.

Did not he add this, I would not leave you if a bayonet was held to me; your conduct is too infamous to be passed over? - No, he did not; I desired one of the constables to continue in hearing; I thought I had two people there to swear against me, and they would naturally speak the truth.

That truth, as far as it goes, was this, they said they demanded nothing; had there been any thing said from you to them, that this was an infamous charge against you? - No, Sir.

Why did not you begin the conversation thus; why do you say that I am guilty of practice which my nature abhors? - It did not strike me; he told me money was what he wanted.

You say now, that you told them that they knew you was innocent; why did not you mention that sooner? - I did not recollect it; I said, you know I am innocent of what you lay to my charge.

You stated the whole conversation; did you say any such thing to the prisoners when the constables were present? - I mentioned every thing that I recollected, and you saying it, made me recollect it now.

In what part of the conversation did you say that to them? - I said it in the course of the conversation; they came in; I asked them what they demanded; he said, he demanded nothing; but I must give him something, then he would tell me whether he was satisfied or no.

Tell us then in what part of that conversation it was that you said, you know I am innocent of the charge? - When they rung at the bell; when I let that man in I asked him where the other man was, and when the other man came in, I said, you know I am innocent of what you lay to my charge, but what do you demand? I did not mean to give him any thing.

Have we got now all that passed? - I think you have, and I thought you had.

Did they say any one syllable to import you was innocent? - They did not do it; all they said, was an assent to my proposition to give them a guinea apiece.

So your reasons for not calling a coach and not calling any watchman when you came to your house, was the threat that these men would make a counter accusation against you? - They said they would, and therefore I knew they would; they said, they would call the next day.

And then you was totally unprepared for them? - I was totally prepared for them.

Did you meet any body in the Minories, particularly that day? - No, Sir, no.

Did you meet nobody to whom you gave money to get their dinner that day? - No, Sir, nobody; I am sure of that.

Not on the day after you was at the play? - No, Sir, I am sure of it.

When was that four shillings taken which was returned? - On the preceding night.

Did not you give that four shillings to any body in the Minories? - No, I did not.

Court. Do I understand you right, I think I understood you as saying, that you did not think they would have the impudence to call again; is that true? - I really did not upon my oath, think they would have dared to have called again.

Then not expecting them to call again, how came you to let them escape that night when you had so many opportunities of taking them? - I thought they would charge the watch with me, for they both of them said, they would swear it; and I thought if they had called the next day, I could have had somebody by.

Suppose they had not called, you were contented they should have escaped for this crime? - Yes, I must.

THOMAS PINNER sworn.

I am a constable for Aldgate Ward; Mr. Burrell came to my house on Friday the 11th of May; he enquired for me; I went to his house, and staid in the kitchen even with the parlour, and Mr. Cooke, a brother officer, came there; Mr. Burrell desired us to sit there, and attend to what was said.

Of the two prisoners, which came in first? - They were both there before I came; they were both in the parlour before I came; I endeavoured to hear what passed, but I could not hear a word spoken; my brother officer says to me, let us go in at once, do not let us us lose any part of our time; so we went in; Mr. Burrell said, that man, George Ellison, has got four shillings of mine.

Recollect which of the men it was that he said had got the four shillings. - That on the right hand side, Ellison.

You are perfectly clear of that? - Perfectly clear: George Ellison threw it on the table; says he, I will not have it; my brother officer took it up, and gave it to me; says he, you take care of it; I took it up, and put it in a piece of paper, which I have now; my brother officer says to Mr. Burrell, do you mean to give charge? yes, by all means, says he, of both; I took one, and he took the other to the Poultry Counter; the next day they had a hearing before Alderman Wright, and were fully committed.

Court. You are sure it was Ellison that he accused? - I am positive, and sure of it.

WILLIAM COOKE sworn.

I am constable and under beadle of the ward of Aldgate; I went to Mr. Burrell's house; I was in the kitchen.

Did you hear what passed? - Not a word; I said, what signifies our sitting here, we can hear nothing; let us go into the parlour, and hear what they have got to say directly; we went into the parlour, and at the time I went in, Ellison had four shillings in his hand, and he said, I will not have it; and he threw it down on the table, and said, I will not have it; and that was the first that I heard or saw; I put my hand into my pocket, and pulled out my staff, and I says to Mr. Burrell, do you give charge of these men? yes, says he, I do; says Ellison, I shall give charge of Mr. Burrell.

Of, What? - I do not know that he mentioned any thing; I said, I know Mr. Burrell, he is a man of credit; I shall not take charge of him; he will be forthcoming.

Mr. Garrow. You would not have taken Mr. Burrell, if the charge had been made the night before? - I would have been bail for him for 1000 l. Mr. Burrell is a man of an upright character, and there are enough in Court that know it.

Court to Prosecutor. You said that one of

the principal reasons why you did not take up these men the night before was, because you wished if you did take them up, you should have somebody that should overhear their conversation? - Yes; I thought it was morally impossible for them not to hear, for the room adjoining had a thin partition, and I opened the door, that I might hear the men, and I expected that they had heard it all.

I think you said before, it was Hyser who took the four shillings from you? - The other demanded it; he desired me to give it to Hyser.

How came you, when Mr. Pinner came into the room to say that Ellison had got four shillings of your money? - I meant them both, to put them both alike.

Because Pinner was very correct, I asked him two or three times; then he is mistaken in that, is he? - I spoke of them both together; I thought them equally guilty; I did not know their names.

But you did not point to Ellison as the man who had the four shillings? - I did not point to either of them.

Is it true, that the moment the officers came into the room, Ellison laid down four shillings on the table, and said he would not have it? - Yes, I understood him that he said he called to return the four shillings.

Then tell us the last part of the conversation that passed before the officers made their appearance. - While I asked them if a guinea a-piece would do, they said yes, that was very genteel, the officers came in.

PRISONER HYSER's DEFENCE.

I see this man will take our lives innocently to save his own character; I had been taking leave of my brother, who was going into the country the next morning; I parted with him at the bottom of Wych-street; coming along Wych-street, I turned up the new street; I had occasion to ease myself, without intention; this man came to me, and asked me how I did? I said, I did not know him; he said, yes you do; he said, you have been in my company a night of two ago; he unbuttoned the flap of my breeches; I said, you villain, what do you mean? he made a scuffle; I followed him without buttoning my breeches; I caught him at the pastry-cook's which is opposite the street; I pursued him; this young man happened to come by at the time; I related to him the story; the young man said, charge him with the watch; I called the watch two or three times; he directly said, do not charge me with the watch, for God's sake; I am a merchant's clerk, and it will ruin me; I beg you will go and see me home; the other young man said, we will walk with you a little farther; he asked the other young man, what are you? says he, I am a servant out of place; says he, it is in my power to help you to a place; we walked along the street, and entered into conversation about his being out of place; the young man said, when he was out of place, he was a hair-dresser ; he said, call upon me tomorrow morning at eleven; coming along Cheapside, he pulled out some silver, and asked Ellison to take some silver; he proffered me two shillings; we both said we did not want any silver, we had money; and when we came to his own house, he said to Ellison, call upon me the next morning, and ask for Thomas; then he rung at the bell, and shook hands with us both; he said to Ellison, call the next morning; he said nothing to me; I deal in old clothes ; the next day I was going through the Minories, and met with Ellison; he said he had been to enquire for Thomas; he said he understood he was master of the house, and was to be at home at two or three o'clock to dinner; we walked a little bit farther; going along, we met the prosecutor; he just nodded his head to me, but did not speak to me; he took the other young man by the hand, put his hand under his arm, and walked with him an hour; when they parted, he turned up some court at the end of Leadenhall-street, I think it was Smart's-Buildings;

then Ellison came to me, and said he had given him four shillings to eat and drink, and for me to go with him; Ellison appointed me to meet him at a public-house, and said, I will be there to wait for you; I went to Rosemary-lane, and bought some things; when I came it was near five; then Ellison was in at a public house; we then went both down Jewry-street, and stood opposite; presently the prosecutor came and called me in himself; he bid me sit down; then he came out from the back parlour, and brought in two guineas; he said he was very sorry for the liberty he had taken the night before; he asked if a guinea a-piece would satisfy us; we both refused it; he likewise told the Alderman that we both refused it, and that he had marked the two guineas, on purpose, if we should take it, to fix the two guineas upon us.

JOHN BROCK sworn.

I am a victualler; I knew the prisoner Ellison four or five years ago; when I knew him, he lived with his mother; she kept a public-house in the neighbourhood where I lived.

Do you believe him to be an honest man? - He always bore that character.

What is he? - He is a servant out of place.

The prisoner called five other witnesses to his character.

Prisoner Hyser called one witness to his character.

GEORGE HYSER , GEORGE ELLISON ,

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Prisoner Hyser. I call God Almighty to witness we are innocent of what is laid to our charge.

Reference Number: t17870523-18

466. JOHN GORDON was indicted, for burglariously and feloniously breaking and entering the dwelling-house of William Skinner , on the 1st of May , about the hour of eleven in the night, and burglariously, stealing therein, one cloth coat, called a box coat, value 30 s. one drab coat, value 10 s. the property of Godfrey Thornton , Esq . two shirts, value 8 s. two muslin neckcloths, value 3 s. one linen handkerchief, value 1 s. and one looking-glass, in a mahogany frame, value 4 s. the property of William Pitt .

WILLIAM PITT sworn.

I am coachman to Mr. Thornton; I left my stable door safe locked, and all the things in it; about a quarter before eleven, on the night of the 4th of May, on a Tuesday; I put the key in my pocket and left all the things safe that are in the indictment; when I came in the morning, about seven, I found the door nailed up, the lock had been wrenched; there are dwelling-rooms over the stables; the things were taken out of the stable; the dwelling-rooms belong to the man that had the whole yard; his name is William Skinner ; he dwells there; he rents the stable, and the master I drive for, rents them of him; my master pays so much a year for them; I have seen the great coat since; I never saw the prisoner before.

WILLIAM SKINNER sworn.

I am a coachman ; I let the stable to Mr. Clarke, and Mr. Thornton's carriage stands in it; he hires horses of Mr. Clarke.

You have no occupation of the stable? - No, a little after eleven the watchman came by and said, Mr. Pitt's stable door was open, and he did not know whether any thing was stolen; I was gone to bed and did not go down; in the morning about six, I saw the door was nailed up; I know nothing of the things that were in it.

WILLIAM GOUGH sworn.

I am a patrol of the Eastern division in the city; on Wednesday night, the 2d of May, I, and Ellis, and Robinson, were going up Woolpack-alley, Houndsditch, and

we met the prisoner and a woman just before him; Ellis saw this man go up Woolpack-alley, and I saw him catch hold of the cuffs of this box coat.

How did the prisoner carry it? - He had it on his back; he wore it as a coachman; he says, halloo, what have you here my friend; the prisoner said, a coat; says he, what are you? says the prisoner, I am a coachman; then I went and looked at him, and let him go about ten yards from me; it struck me directly, he was no coachman, and that it looked too good for a hackneyman's coat; and I stopped him again; I accosted him, my friend, where did you get this coat? says he, what is that to you? which gave me a suspicion he had not come honestly by it; I took him out of Woolpack-alley, to the sign of the Cock and Bible, and asked him how he came by the coat; he said a friend at Westminster had lent it him; I then searched him, and in his pockets I found these two keys; this key opens the room door where he lodges; I took him to the Compter that night, and he was examined before the Alderman; he said, he would send for a friend that he bought the coat of; we waited an hour; I was informed the coat was advertised in the Gazetteer; I went and found it; the coat answered the advertisement; the coachman came and swore to the coat directly; Alderman Townsend immediately granted a search warrant, and I went with two or three more, and one of the keys opened the room door, which I supposed to be his lodging, in Gun-yard, Petticoat-lane; there we found an iron crow and four picklock-keys, a gimblet, and a dark lanthorn; there were a man and woman which we apprehended, who were playing at cards; the door was open; we tried several locks about the premises, but the other key did not answer to any.

What time was this on the Wednesday night? - It was about five minutes after ten that I took the things upon him.

Are you sure that was the time? - Yes.

(The coat deposed to.)

JOHN ELLIS sworn.

I am one of the Eastern division of the City patrol; I was going up Woolpack-alley, with the last witness, and met this man; Gough was rather a head of me; Woolpack-alley is near half a mile from the stables; I pulled hold of the lap of the coat; he had this coat on; he said, he was a coachman; we took him to a publick-house, in Houndsditch, and we pulled it off him; he said, it was lent him by a person at Westminster, who he was going to see; he was committed, and the Alderman granted a warrant, and we went to the lodgings we supposed to be his; and I found these things, two lanthorns and a crow, and picklock-keys, and a gimblet; there was a boy and a girl in the room when we went up; we took them to the Compter; while I was in the room looking about, I found these keys and this gimblet, and this crow, under a sack in the window; the crow exactly fitted the place of the stable door where the door was broke open; it was tried by me and others.

JOSEPH ROBINSON sworn.

I was with the other two, in Woolpack-alley; we met the prisoner with the great coat on him, and we took charge of him; he said, first, he was a coachman; we took him to the publick-house; then he said, he was a sailor, and he borrowed it of a friend, at the other end of the town; I staid with the prisoner while they went to his lodgings.

Gough. The coat was delivered by the Alderman's orders to the coachman, having no other to wear; I had it before, and when I gave it him, I put a mark upon it.

VALENTINE FITZGERALD sworn.

I am watchman in Bishopsgate Without; when I beat my rounds about a quarter past ten at night, I found Pitt, Mr. Thornton's coachman, in his stable; and at about a quarter past eleven, I saw the door-jar.

Did it appear to you how it was broke open? - I considered no further then, but went to tell Mr. Pitt; and I got Sam Carter, whose coach stands next to Pitt's, to nail up the door; the lock was not broke, it appeared to be forced back back; this is the very thing, (Looking at the crow.)

BRIDGET DILLON sworn.

I am a house-keeper; I live in Green-yard, Spital-fields; I came to Guildhall, and Mr. Gough asked me if I knew the young man; I said, I knew him by sight; he used to come after a young woman that lodged at my house; he paid me the rent always, duly and honestly; he came backwards and forwards to Sall Bailey ; the prisoner never lodged with me in his life, but he lodged with that girl when he pleased.

Have not you a young man and a young woman, lodgers in your house? - Yes, I have a bricklayer's labourer lodges in it, and a young woman.

Mr. Gough. The girl's name is Sarah Bailey , and the lad's name I do not know rightly.

Dillon. Sall Bailey lodges with me, and I took her in as an honest girl; she paid her rent.

What was the young man's name? - She is the girl that took the room of me; I do not know his name; I think she called him brother, they came as brother and sister, I never asked his name in my life; the girl took the room of me, I did not take her in as a bad girl.

Did not the prisoner lodge in the same room with these people? - Not to my knowledge.

Did you ever see him there with your lodgers, with Sarah Bailey ? - I have seen him going up and down very often.

PRISONER'S DEFENCE.

I bought this coat in Rosemary-lane on Wednesday, I believe it was the 2d of May, between four and five; I have witnesses I believe at the door; after I was taken up, I had not time to send to the place where I bought it, the man was not at home; but he heard of it after, and he said, if any thing further came of it; he would appear.

SAMUEL WRIGHT sworn.

Are you a house-keeper? - No Sir.

What is your business? - A wire drawer.

Where do you live? - In the Borough.

With whom do you work? - With Mr. Luxford in Houndsditch; I was drinking in Rosemary-lane a pint of beer, this man came in to bargain for a coat, and the prisoner chucked down a guinea and some silver, I cannot say how much silver, a man brought it there, and this gentleman the prisoner bargained for it, and gave a guinea and some silver, seven or eight and twenty or thirty shillings; there was a guinea and some silver thrown down, I did not take any particular notice; I knew nothing at all of the man, I was there before they came in; it was between four and five as near as I can recollect; it was on Wednesday.

Were they all strangers to you? - Yes.

How long did you stay in the house? - I staid about two hours; the man that sold the coat went directly, as soon as he sold it; and as soon as the prisoner had drank his pint of beer, he went away; I never saw the prisoner before.

He had never seen you before this? - No never.

You and he had no conversation at all about this coat? - No.

I should be very glad to know, as the prisoner and you were total strangers, and you had no conversation about this coat, how he came to find you out? - He sent down to the house, to know whether there was ever a one that saw him buy the coat, and I went there the next evening, and they asked me if I saw the coat sold, and I said yes; and if it was wanted, I would go and say so.

How many people were in the public-house besides you? - There were a great many; I cannot say how many there were, I did not take any particular notice at all.

Was that a house you frequented much? - No; I call there now and then to see an acquaintance, a breeches-maker.

Had you ever been in that house before? - Yes.

Do the people of the house know you? - No, they do not, only by sight; I have been there five or six times before this.

Court to Gough. Did the prisoner ever say any thing to you about purchasing the great coat? - No my Lord, not to my knowledge, he never did.

Court to Ellis and Robinson. Did the prisoner ever say thing to you about purchasing the great coat? - No, my Lord.

Prisoner. I told the alderman that I gave the money for the coat, and he waited an hour for me, to see if the witness would come; I told them I bought it.

Court to Gough. Did he say before the alderman that he had bought it, or it was lent him? - He said before the alder- that he had bought it, but not to us; he told the alderman he would send for a friend, but that friend never came.

GUILTY 30 s. But not of the burglary.

Transported for seven years .

Reference Number: t17870523-19

467. THOMAS PETERS was indicted for stealing, on the 5th of May, one pair of leather boots, value 4 s. the property of George Bowman .

GEORGE BOWMAN sworn.

I missed a pair of boots, on Saturday, the 5th of May; they were on board the ship with the rest of my property, laying at Ratcliffe-cross .

CHARLOTTE WOODS sworn.

The prisoner brought these boots to me; he lodged in the house where I lived servant; and he asked me to pawn them for him; and I pawned them for three shillings; the woman that keeps the house, her name was put down, but I do not know the name, nor did I tell any name.

Did he give you a duplicate? - No, I did not ask for any.

Do you know the house where you pawned them? - Where we always pledge our things, at Mr. Stratford's house; they were the same I received from the prisoner; I saw Cooper; I did not see the prisoner give Cooper the money; he never saw the boots.

- STRATFORD sworn.

These boots were pawned at my shop; there was no duplicate given with them; people are sometimes dubious of taking duplicates, for fear of losing them; I knew the person very well that brought them; and they was put in the name of the person that kept the house.

(The boots deposed to.)

Here is a scratch in the leg; they were made on purpose for me.

PRISONER's DEFENCE.

James Cooper took these boots and put them into my bed, and carried them on shore, and he gave them to me to give to the woman, and she gave me the money, and I gave it directly to Cooper.

GUILTY .

Transported for seven years .

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

Reference Number: t17870523-20

468. SAMUEL MARKS was indicted for stealing, on the 27th day of April last, 150 lb. weight of lead, value 10 s. belonging to William Kime , then fixed to his dwelling-house .

There was not evidence against the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17870523-21

469. DANIEL HANDS was indicted for feloniously receiving, on the 11th day of April last, four bushels of coals, value 3 s. the property of Thomas Scott , Esq . (whereof Thomas Larney and William Shaw , at the last sessions, were convicted of stealing) knowing the same to have been stolen .

(The witnesses examined separate.)

Mr. Shelton, clerk of the arraigns, produced a copy of the record of the conviction of Thomas Larney and William Shaw , which was read and examined by Mr. Garrow and Mr. Schoen prisoners Counsel.

ANTHONY STEPHENSON sworn.

I live at No. 71, in Old-street-road , on the opposite side of the way to Hands.

What is the prisoner Hands? - He is a master dust-man , keeps six or seven carts, and employs men to collect dust about the metropolis; on the 11th of April, which was Wednesday, in the Easter week, between one and two, I was looking out of my window, there was one of this Hands' carts loaded with dust returning home; there was a stoppage; he could not get admittance till there was a vacancy; there were other carts belonging, and the property of Mr. Hands; I saw a couple of brick carts loaded with coals, coming down the road; and as I passed, this dust cart was still in the road, ready to drive into Hands' yard; Hands came out and bid the man return to his duty into the yard; he bid him return to his work; what answer the servant made to his master, I cannot pretend to ascertain, but he repeated again, I say, go to your work; the man immediately returned into the yard; Mr. Hands with his pipe (he was smoking) followed these two carts; they drove up against each other at the White Hart door; the baskets were left on the outside of the publick-house; the two carmen, Larney and Shaw and the prisoner, went into this publick-house, and they staid some time, it may be about five minutes or six, I will not pretend to ascertain; they came out again, then Shaw, who was one of the car-men belonging to Thoman Scott , Esq. took these empty baskets which were on the outside of the door, and carried them into the White Hart publick house; after that, the two carmen came out, Larney gets up into the hindmost cart, fronting the publick-house, and he took a very large coal out of the cart, and handed it to Shaw that stood at the tail on the ground, and as Larney handed it to Shaw, he chucked it into the publick-house, which I imagine must be received by some one person, but who, I do not know; after they had removed coals out of the first cart, in the manner I have related, Larney got out of the first cart into the second cart, and handed coals out of that likewise; Shaw received the coals out of the second cart, and chucked them into the White Hart; and when they had so done, Larney got out of the cart; the men went into the publick-house, which Mr. Hands was in already; after that, in about five or six minutes, these two carmen came out and drove away the carts; on seeing this, I stepped down stairs, followed the carts and took the numbers of them; the numbers were 21000, the other, 12508; there was wrote on them, Thomas Scott , Hoxton; I returned home again, and I saw one of the servants of Hands; the same servant that challenged the man for taking his baskets out of the cart; I do not know his name.

Mr. Garrow. Was Hands present? - I take it Hands was in the publick-house; his servants came out of the publick-house, with baskets of coals loaded; highly piled with large coals; I saw him go into his master's yard, and there I imagine he placed them, for he returned again empty handed.

Jury. Are you sure his master was in the publick-house? - I saw him go in, but I did not see him come out; the man returned from his master's yard; after he came out of the White Hart, he came again with another basket of coals, and he carried them likewise into his master's yard, and I kept my eye and was attentive if I could see any

thing of a removal of these coals, which I did not; I was so attentive as that, till the men had all done work and shut up the gates and they went about their business.

You was a witness on the former indictment? - Yes.

Are these the same coals which you talk of, for which Larney and Shaw were convicted on the last sessions? - Undoubtedly they are, and I gave proper information.

FRANCIS TREVET sworn.

I keep the White Hart publick-house, in Old-street-road; the prisoner lives near me, within about four or five doors.

Do you remember his being at your house on the 11th of April? - Yes, I had been very ill of a fever and cold, and that was the first time of my coming down; I was not examined at the former trial; some carts were at the door; I did not see whose cart it was; I do not know what were in the carts; that gentleman came for change for a guinea; I went to the bar and I saw this Mr. Daniel Hands in the passage by the door, with some coals laying by him; the coals were carried into the yard by him or somebody belonging to him; and they were carried out again by Larney.

Mr. Garrow. By whom? - By a man who went by the name of mad Tom; I did not see the prisoner carry it; the coals went on the shoulders of a man whom the prisoner employed; Hands came into the yard, and said to me, Trevet, there is a backer for you, (that means a large coal) and the men had a pot of beer, and I was to put it to the prisoner.

Court. Was the prisoner in the passage with these men at the same time that they took away the coals? - When I saw the prisoner, there was nobody in the passage but a gentleman that wanted change; at the time his servant took the coals away, they were both together in my yard; the coals were in the yard.

Did you hear him give any directions or say any thing to him? - None at all.

How did the man carry them? - On his shoulders.

Who conveyed it on? - I did not see.

Mr. Garrow. The man carried them publickly? - Yes.

The prisoner is a dustman, and of course sells breeze and soil to brick-makers? - I know he dealt with Mr. Scott for these articles, to the amount of 20 l. or 30 l. a week.

Then I fancy it was not very uncommon for him to treat Mr. Scott's men with a drop of drink? - They had often pots of beer, for which I believe the prisoner often paid.

How long may you have known the prisoner to be dealing with Mr. Scott at that rate? - I have not known the prisoner a long time.

You knew all this that you have told, last sessions? - Yes.

But you was not here last sessions? - No.

Can you help us to any reason, why the prisoner was not indicted last sessions? - No, Sir, not at all.

You do not know of any dispute that may have taken place lately between the prisoner and any body about breeze and soil? - The prisoner was a good civil sort of a man.

Court. You say the coals were in your yard? - Yes.

Was the prisoner present at the time the servant carried the coals away? - The prisoner came out of the yard behind the servant; I did not see where the coals were carried.

Mr. Garrow. You made no objection to it? - I could make no objection.

You was not told to keep this a secret? - No.

JAMES ALLIBORNE sworn.

I was in the publick house, the White Hart, on the 11th of April; the landlord happened to be at dinner and I dined there; after we had dined, I was standing up at his bar, and I saw a man come in at the door next Old-street-road, with a coal either on his head or shoulder, and he

threw it into a basket that stood adjacent to the door; I knew not where he brought it from, nor I saw no more of it after; Mr. Hands was at the door when it was brought in.

THOMAS HARWOOD sworn.

Mr. Garrow. Where do you come from now? - I was confined, because I could not get sufficient bail; I came from Bridewell.

What are you in custody for? - I was there to come here.

Have not you been convicted of felony, for stealing these coals? - No.

Court. You was there to be forth-coming to give evidence? - Yes.

Not charged with any crime? - No, I was a servant to Mr. Hands.

What happened on the 11th of April? - On the 11th of April, in the afternoon, I came home with my load of dust to my master's yard; I could not get into the yard; this Shaw and Larney were coming by at the same time; they took my baskets off my cart; I says to Shaw, you have no business with those baskets; I shall not pay a pot of beer for you; because if we do not take the things into the yard we are liable to pay a pot of beer; my master came to me at the gate and bid me go along and mind my business; afterwards he went to the White Hart; he followed the carts there; I waited the spaae of a quarter of an hour; I went to my master and desired him to come into the yard to shoot the load of dust; he said, he would come; but he did not come according to his promise; I went to him again afterwards; he gave me orders to go and shoot my load of dust; after I had shot it, I went to him again and asked him, whether I should put my cart on the outside of the gate, or in the yard; he asked me to drink out of a pot, I believe there might be a gill of brandy or hardly so much; then he came out of the tap room and took me into the yard belonging to Mr. Trevet; he says to me, take these two baskets of coals and put them into my yard.

What baskets? - Bushel and half baskets; they were the baskets that I had in my cart before, that my master directed Larney and Shaw to take them into the White Hart; there was coals in the baskets, but when I had them before, there was nothing in them; put them out, says he, take this basket of coals home to my yard; there was a great coal in particular, the basket would not hold it; he put it down by the side of the water tub; says he, that is for Mr. Trevet; after I took them coals home to where my master ordered me, I returned into the stable, and carried both these baskets pursuant to my master's directions, into the back yard; I directly unharnessed the horse, and rode him down and saw no more about the coals.

Mr. Garrow. So they only sent you to Bridewell because you had not a better lodging? - Yes.

How long have you been in Bridewell? - I believe I have been there about fourteen days.

Why, you was taken up for stealing these coals was not you? - No.

Which other of your good deeds was you taken up for? - Because I could not get sufficient bail.

Bail for what? - Bail for my appearance.

Has friend Trevet supported you in gaol? - No, Sir.

Who did? - I had money sent me.

Belike you can tell who sent it? - No, Sir.

How much has been sent you during this fortnight? - I cannot rightly tell, I believe about twelve shillings.

Now try your hand at recollection, who sent it you upon your oath, did not Trevet send it you? - No Sir, upon my oath, he has not sent me any, I believe it was Mr. Clarkson.

Pray, might you carry any of those coals home to your own lodging? - No Sir, none at all.

That you swear positively? - Yes, nor to no other place but the prisoner's yard, I believe I have worked for him about three or four months.

Did Mr. Scott use to deal with him? - Yes, for breeze and soil.

Pretty largely? - I do not know how much a week; he had large dealings; as fast as he could make the cinders into ashes, Mr. Scott was ready to take them from him.

How many of you honest men might your master keep? - There were eight of us to fetch the dust, besides the people we employed in the yard, and seven or eight carts.

Do you know Tom Dean ? - Yes, Sir.

Mad Tom? - Mad Tom Sir; he was not a fellow labourer of mine then; he was before this matter happened.

Now will you venture to say, that you did not carry any of these coals to your lodging? - Sir, I will say, that I did carry none of Mr. Scott's coals, no further than my master's yard.

Upon your oath, did you carry none of these coals home? - No, Sir, I did not carry any of them home.

Did any body else but you, carry any home? - No Sir, not at all.

Have not you been whipped for stealing Mr. Scott's coals? - No.

Will you swear that you have never been whipped for felony? - Yes Sir, I have.

Where was it they whipped you? - I cannot tell that.

Come recollect the last time? - You ask me so many questions.

How long is it since you was whipped the last time? - If you ask me proper questions, I shall answer them.

That is a proper question, and you must answer it? - It is not a proper question.

How long was it ago? - That I cannot tell.

JAMES SHAKESHAFT sworn.

I know nothing but apprehending the prisoners that were convicted for the felony; I know the prisoner; Armstrong apprehended him.

JOHN ARMSTRONG sworn.

I apprehended the prisoner Hands; on Thursday, the 10th of May; I had a warrant to apprehend him; he was drinking at Mr. Trevet's, the White Hart, in Old-street; he was under confinement; as he was going to gaol, he said in the coach, he was surprised to see Mr. Trevet come to speak before the Justice, for he had left Mr. Trevet two coals, and he had four.

Court. Had you told him, to induce him to make this confession, that he should not be prosecuted, or receive favour, or any thing of that kind? - No, it was his own talk; he had his hearing.

Mr. Garrow. He knew you was an officer; I ask you, it is a tender question now and then; did he at all confess that he received them, knowing them to be stolen? - No Sir; he said, he wondered that Trevet should speak, for he had left two coals at Trevet's, and he had four.

Did not he constantly profess his innocence? - He certainly did; he never confessed himself guilty, any more than these words.

Have you known Mr. Trevet much? - Yes Sir, he lived in our parish; I never saw the last witness till I apprehended him.

You locked him up directly? - The moment I took him into custody, says he, I will not suffer myself to be served as the other two men were, for I will go before the Justice and tell the whole truth, for I am a servant, and what I did, was by my master's orders; but my orders were to take him away and not let him speak to any body, which I did; he has been in custody ever since.

Prisoner. I am innocent.

GUILTY .

Transported for fourteen years .

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

Reference Number: t17870523-22

470. MARY STEWART was indicted for feloniously stealing, on the 2d day of May last, two sheets, value 5 s. two

pillow-cases, value 2 s. two blankets, value 3 s. two flat irons, value 2 d. one cotton counterpane, value 4 s. the property of John Davis , in a lodging room .

MARTHA DAVIS sworn.

I am a married woman; my husband's name is John Davis ; I live in Broad-street, Bloomsbury ; my husband made a contract with the prisoner, and let her a lodging for five shillings a week; these things were part of the furniture so let; she came in about two months ago; she left the lodgings more than a week; the door was broke open, and I missed the things in the indictment; I met the prisoner with a bag in her hand; I took hold of her, and said, you are the person I was looking for; she said to me, do not murder me; I immediately charged the patrol with her, and she was fully committed, but she would not tell where the curtains were, till after I saw all the other things.

JOHN TYLER sworn.

I am a pawn-broker in West-street, Seven Dials; I know the prisoner; I took these things at different times; I asked her in a very particular manner if they belonged to her; she said; they did; (repeats all the things but the two curtains) she told me, she lived in Lombard-court; she pawned them in the name of Mary Stewart ; she offered me a pair of curtains, but I would not take them in.

(The things deposed to except the blankets.)

PRISONER's DEFENCE.

The prosecutrix gave me the liberty of pledging any thing that I would, provided I would leave it there when I went away; I suppose in the two houses that she has in St. Andrew's-street, there is not one that has got a pair of sheets; she keeps a pawn-broker's shop herself, and takes in the things herself; the things were pledged to pay her the rent.

Court. With respect to these things in question, you meant to return them?

Prisoner. Yes, I did indeed, Sir.

Prosecutrix. It is false.

Jury to Mrs. Davis. Did you ever give her leave to pledge the things? - No, upon my oath, I never did; nor any other lodger; I keep a pawn-broker's shop, and have done these nine years.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870523-23

471. THOMAS ELVESTON, alias GEORGE FENLEY , and GEORGE WATSON, alias PINKEY , were indicted for feloniously stealing, on the 25th day of April last, one linen pocket apron, value 1 s. forty-eight copper half-pence, value 2 s. thirty-eight copper farthings, value 7 3/4 d. and one pen knife, value 2 d. the property of Ann Reynolds , widow .

ANN REYNOLDS sworn.

I am a widow; I keep the King's-head publick-house, in Broad-street, Bloomsbury ; I had seen one of the prisoners before, that was the prisoner Watson; the other I had not; they came in together and had six penny worths of brandy and water, and two gills of raspbery, and a pint of beer; they paid for that, and called for another six penny-worth; while the other six penny-worth was getting ready, the string of my pocket broke; I took it off and laid it down on the table in the box, where these men were drinking their brandy and water; all of a sudden while I just turned round, the tallest of the prisoners, Watson, ran to the door; he opened the door, and the other man run out, and he run after him as fast as they could go; they left best part of their brandy and water upon the table; and I called after them going out so quick and not paying for their liquor, and turning round, I missed my pocket; I run to the door and the patrols came up, and I sent them after them; it was between eleven and twelve at night;

they said, they would not go till they had the other six penny-worth; the patrols pursued them, and they were taken to the watch-house; I went to the watch-house, and desired the patrol to search them; and on the shortest man, I saw found some half-pence and farthings, to the amount of two shillings and nine-pence.

What was in your pocket? - I cannot say particularly, there might be two or three shillings in half-pence and farthings; I saw the patrol take a knife off the bench, near where the tall man sat, which was mine.

Had either of the half-pence or the farthings any thing singular about them? - There is one half-penny that is crooked and scratched; I only point it out; I had it some time in my pocket; I am sure the prisoners are the men.

Prisoner Watson. Mrs. Reynolds, do you remember any thing of a disturbance in the house about some man not paying for six penny-worth of something he drank at the time? - I recollect that while I was speaking to that man, these men rushed out of the door.

Court. Did you ever see your pocket again? - No.

Did the person with whom you disputed about the payment of the liquor come in with these men? - No Sir, not that I know of, he came in just after; they drank one bowl together; there were two more in company; the other two went away first; these staid behind; when I found they were gone, I could not get the reckoning, and while I was discoursing with this man, the prisoners went away; there were five of them; two went off without paying, when I was applying to the third for payment, these two rushed out.

Prisoner Watson. Do you remember some strange man coming into our company and drinking a share of six penny-worth, and paying three pennyworth of halfpence and no man else drank in our company? - No.

Court. Upon the oath you have taken, you do not come here upon any resentment about the reckoning? - No, Sir.

EZEKIEL URIEL sworn.

(The other witnesses examined separate.)

I was at that time one of the parish officers of Saint Giles's; it was my night at the watch-house; the patrol brought in these two prisoners, and Mrs. Reynolds came in; I think it was near one o'clock; she gave me charge of the prisoners; she gave charge of them for running out of the house and not paying the reckoning, and taking a pocket with some halfpence, and she desired me to search there; I searched them both; on Elveston, I found two shillings and nine-pence in halfpence and farthings; I found nothing more on them; I have a pen-knife that was picked up by one of the patrols.

(The money and pen-knife produced.)

Prosecutrix. This is my knife.

Court. This is a common pen-knife.

Prosecutrix. I have had it some time; I am sure it is mine; I always carry it in my pocket.

(The halfpence shewn to Mrs. Reynolds.)

This is the halfpenny that I shewed to the Jury.

Jury. Is there any thing wrote on the handle of the knife that you know of? - Not as I know of, but it certainly is mine; I bought it a great while ago.

Jury. Had you ever the knife ground? - No.

Is any of your family named Best? - No.

(The remarkable halfpenny handed to the Jury.)

RICHARD DUGGIN sworn.

I am the patrol that took the prisoners; I cannot rightly say to the time; I took the prisoners in Holborn, almost facing Bloomsbury-square, and brought them to

the watch-house, and the last witness searched them and took some halfpence and farthings from Elveston; I saw the penknife in the watch-house; I know nothing of it; I saw it in the hands of the patrol, Buckley; it was a small knife; I think it had two blades.

(The knife shewn to the witness.)

I am not sure whether it is the knife or not; she charged them with not paying the reckoning; I recollect no other charge; she said, that the knife belonged to her; she said, she left her pocket on the table, and the pocket was gone; I do not recollect her singling out any particular halfpenny at that time; she looked at the halfpence.

Court to Uriel. Did Mrs. Reynold's single out any halfpence? - No, not that night, but the next day before the Justice.

Prisoner Watson. When he took us, whether we were not going back to Mrs. Reynolds's house; we had a friend of Mrs. Reynolds's which she had sent after us? - I do not know, there was a man with them, asked us to take them to Mrs. Reynolds's house; and I said, I would take them to the watch-house.

MICHAEL BUCKLEY sworn.

I was a patrol at this time on duty; I came in with another charge, and going out again, I met the two patrols that have been examined, come in with these prisoners; they were making a noise and a racket as we met them; I came with them to the watch-house, and Mrs. Reynolds said, they had robbed her of her pocket, that she missed it, and she thought it necessary to have them searched; with that, the constable of the night searched the tall man and found half a crown upon him, but Mrs. Reynolds knew nothing of it, and it was delivered to him again; then he searched the prisoner Elveston, and found three shillings in halfpence and farthings, and they were examined, so the constable thought proper to keep the money, and one of the men that was upon duty, said to Mrs. Reynolds, madam, is there any thing else in the pocket but halfpence; yes says she, there was a knife; then he looked about, and as I was standing by the two prisoners, I saw a knife lay down just by the tall man; the prisoners were near together; I asked Mrs. Reynolds if she should know the knife; she said, yes; I asked her the marks; she said, it was her own; I gave the knife either to the constable or Mrs. Reynolds, I do not know which.

PRISONER ELVESTON'S DEFENCE.

We went in about half after ten and had six pennyworth, then another six pennyworth; then another man drank with us and paid three-pence in part of the reckoning; then we had two glasses of raspberry and a pint of beer which was paid for; then there was six-pennyworth that she said was not paid for; there was a disturbance in the house when that six-pennyworth was brought in and set down; Mrs. Reynolds bolted the door to detain the people; they were going away without paying their reckoning; I asked her to open the door, I was going home; she opened the door, and I wished her a good night.

PRISONER WATSON'S DEFENCE.

I had been spending the evening, and in coming home I met this young fellow; I went into this house; I had been drinking before; we had two or three six-pennyworths; I was rather in liquor; I asked Mrs. Reynolds what time her house shut; she said, two o'clock; I came away, and every thing was paid for as it came in; if the last was not paid for, it was by no wilful intent; we went to the Pilgrim; in came a friend; says he, the last six-pennyworth was not paid for; very well, says I, we will go back; we were going back to pay for it, and they took us; it has been attended with the loss of my charactr, and I have been in gaol a great while.

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

BOTH GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870523-24

472. THOMAS COLLINS was indicted for stealing, on the 20th day of May , four bundles of asparagus, value 12 d. four pounds of veal, value 12 d. half a pound of butter, value 4 d. two pounds of cheese, value 12 d. and eight pound weights of bread, value 12 d. the property of Sarah Williams , spinster .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-25

473. MARY OWEN was indicted for stealing, on the 7th day of May , one silver watch, value 42 s. the property of Francis Long , at the dwelling-house of John Burke .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-26

474. THOMAS WELLS was indicted for stealing, on the 27th of April last, one silk handkerchief, value 2 s. one linen handkerchief, value 1 s. the property of certain persons unknown .

There being no evidence of any person having been robbed, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-27

475. JAMES ROMAIN , JAMES CUNNINGHAM and JOSEPH HAMMOND were indicted for feloniously stealing, on the 3d day of May , one cag containing fifty pounds weight of blue, called Prussian blue, value 5 l. the property of Thomas Meriton , then being in a certain vessel, called the Calais Packet , on the navigable river of Thames .

And ABRAHAM MOSES was indicted for feloniously receiving, on the 4th of May , the same goods, knowing them to be stolen .

JOSEPH MERITON sworn.

I live in St. Catherine's, my vessel was robbed on Thursday evening, as I was informed; I did not hear of it till the 4th of May; the vessel lay at Parson's-stairs on the Thames; there was a small cask of Prussian blue on board, which has been picked up since, with blue out of it, I cannot say whose property it was; I am the captain , and was answerable for its being delivered out of the ship; it was marked M. L. and a direction besides to a sadler, I do not know his name, the corner of Suffolk-street; that is all I know about it; I lost a great many things besides, but I cannot say what were in the cases.

ROBERT DAWSON sworn.

I and some more officers apprehended the three prisoners, Romain, Cunningham, and Hammond.

JOHN HARRIS sworn.

I know that the things were taken away, but I cannot positively speak to any of the people; I am the mate of the Calais Packet; it was on Thursday the 3d of May, between twelve and one in the night-time; I was asleep in my bed; one Philpot, one of the excise officers, was on the watch; I saw the cask of Prussian blue put on board, and I saw it going up the hatch-way, it was the last thing they took out of the ship; I cannot be positive the weight, it might be about eighty or ninety pounds; I am sure it was on board at the time of the robbery; I could not know the people, because it was in the dark.

LUKE SMITHIERS sworn.

I belong to the Calais packet; I am an officer of excise; I was placed on board this ship between twelve and one in the morning of the 4th of May, I was alarmed by one of the officers crying out, which awaked me, and going to get up to get out of my cabin, I was stopped by a person who swore they would destroy me if I did not lay fast; upon looking a little farther, I saw my brother officer, John Philpot , the man who cried out, engaged with another man, a tall man; they demanded his money, and likewise the money of one Westgarth, an officer of the customs; the man nearest me, that stood over me, then rummaged me, to see if I had a watch, or any money in my pocket, and when he found none, another that stood along side of him, asked him if he had spiced me, or some expression of that kind, he said he had, and that I had no money, and the other said to me, you lie, and with wicked expressions desired him to cut my head off; upon that, he that rummaged me, shoved the other aside to keep him off; then they asked me what was contained in those packages that were there; I told them I imagined they contained cordials or perfumes, or something of that kind, but I could not tell; they asked me then what was in the hold, I told them nothing but hampers of wine, I imagined, and cases of cordials; they replied, that would not do for them; they then asked if we had any candle; we said we had none, it was all burned out; upon which one of them took up the Custom-house book that I had to enter the account of the cargo in, and folded it up in two, and thrust it into the blaze of the fire that we had; they then proceeded to taking out the cases or bales out of the ship; the major part of them withdrew with the cases; they then returned again; I cannot say where they went; they returned again, and upon the second look round them, they took up a small cask or keg, and they asked what was contained in that, and Mr. John Philpot cried out, I believe it to be indigo; upon which one of them said, that will just do for us; then two of them came and shook hands with me as I lay in my cabin, and wished me a good night, at the same time threatened that if we turned out of our cabins, they should be back again soon, and they would blow our brains out; going up the cabin, I heard one of them say to the mate, well, old fellow, if you have got any children, I hope they will not come to this that we are come to.

Do you know any one of the men that were present upon that occasion? - That young fellow, Romain, was the young fellow, to appearance to me; the other in a brown jacket, Cunningham, stood at the left hand of me, and desired him to cut my head off; they had handkerchiefs over the bottom of their faces, that disguised them.

Can you take upon you to swear to the persons of these three men, or any of them? - No; no otherwise than by their stature and voice.

Can you, or can you not swear positively to any of them? - I have every reason to believe they were the men; the man whom I said was robbing Philpot, his back was towards me, but he appeared to me to be a tallish man; he ran close up to the light, what light there was, to rob Philpot; I have every reason to believe these three are the men, though I could not see their faces.

Mr. Knowlys, Prisoner's Counsel. You have already said that it is only the stature and voice that you can speak to? - Nothing else; the handkerchiefs being round their faces.

JOHN PHILPOT sworn.

I was an officer on board the Calais packet, belonging to the Excise; on the 4th of May, between the hours of twelve and one in the morning; about ten minutes after twelve we were alarmed, by a boat coming along-side, which I supposed to be an excise-boat, as we are frequently visited in the night; I was coming upon deck, and was met by a tall man with a

pistol in his hand; I took one of the cabin chairs up to keep the man from me, while I alarmed my brother officers; I cried out, oh Lord, oh Lord! turn out; while my partner was waking, and turning out, one of them jumped up to the cabin where he was, and stopped him; that was Smithiers that they prevented from jumping out; the tall man that I met first, d - d me, and demanded my money, which I gave him, sixpence in silver, and two-pence farthing, I think there was, in copper, but twopence I am sure of; then he gave me a blow with the but end of a pistol, to make me hold my noise; I was begging for my life; and he bid me go into my bed again; I turned in, and one of them went to Smithiers, and demanded his money; he told them he had none; one of them made reply, cut his head off, a b - r; he made reply, because I have no money, my friends? and another that was in the gang, I believe, prevented him from doing mischief; then they asked us what packages they were that were in the cabin? we said it was impossible for us to tell, as we were only officers on board; but we believed they were perfumery and smelling waters; we could not tell.

Who was the man that prevented the mischief? - I really believe the evidence was one, and that Romain was the other; they took away three of the packages, and came down and asked me for a candle; my friends, says I, we have no candle; we have nothing more here than what you see; the middle man, which I believe was Cunningham, took the King's book, in which the account of the cargo is entered, and crammed it into the fire to make a light, and it gave a great blaze; then they went up with their packages; they came down a second time, and asked me what was contained in the cag; they asked us round; I said, I believed it to be indigo, but could not tell; they replied, they thought that would do, and went away.

From the observation you made of these men, can you speak with certainty to any of them? - I am positive sure that Cunningham was one of them that assisted in robbing the ship, by burning the book.

What do you say as to the other men? - I cannot positively say; but I believe, from the stature of Mr. Romain, that he was the man that prevented them from doing the mischief, or else there would have been murder done.

What do you say to Hammond? - I cannot say any thing to him; I do not remember Hammond; a tall man came up to me, but I do not believe he is the man; I do not think he is.

Mr. Knowlys. This was between twelve and one in the morning? - About ten minutes after twelve, on the 4th of May.

What hats had these persons? - They had round hats on.

Their faces were muffled? - The blaze of the book gave such a light to Cunningham's face, and his squinting; I am positive sure of him; I could see all the forehead, and the eyes.

Do you mean to swear that you saw his forehead, when he had a round hat on? - All the eye brows.

Court. Did not you say that Cunningham squinted? - Yes, that made me take particular notice of him.

Did you say any thing on the last trial about the man's squinting? - I was not asked any questions about Cunningham; I answered every question that was put to me; I understood I was asked as to the tall man.

Did you, the last time you was here, say any thing about this man's squinting? - No, I cannot recollect I did; I did not say any thing about him, one way or the other.

Was not you as much bound to disclose the whole then as now? - Yes, but the Judge ordered me down, and I asked Smithiers immediately, am not I to speak about Cunningham? and one of the officers of the Court pushed me back, and said no, you are done with.

You mentioned nothing of the squinting at the last trial? - If you look at the

affidavit at the Justices, I swore to it there; I spoke the truth, as far as every question was put to me.

Do you know what you shall get if this man is convicted? - No, God forbid any thing; I am not of that; I would not desire it; I have children of my own.

WILLIAM WESTGARTH sworn.

I was on board the Calais packet, as an officer, and on the 4th of May she was entered by people who threatened all our lives; three of them came down into the cabin; one of them robbed me of eighteen and two-pence.

Can you say, from the observation you could make, whether the prisoners, or any of them, are the men that robbed the ship? - I can form some idea of the persons of the men; part of their faces were not to be discovered, only by their eye-brows, and their statute; we had very little light; I believe two of them to be the men that were in the ship, Romain and Cunningham.

Mr. Knowlys. You mean to say you was robbed by some men about the same size? - I saw but four of them in the cabin, and I believe them two to be two of the four that were in the cabin; one of the men was taller, but I do not see him here.

JOHN DOLFIN sworn.

I know all the prisoners; on Thursday night, the 3d of May, James Romain , James Cunningham , and Joseph Hammond , took a boat from the Tower, and rowed down the river; I was in the boat with them; we came down to Lady Parson's stairs, and boarded the Calais Packet; she was a sloop; we went down into the cabin, with our handkerchiefs half over our faces, with a pistol and cutlass, meaning to rob the people on board in the cabin of their money; the mate and the officers said they would give all that they had; we took from one of the men in the cabin one shilling and some halfpence; I cannot say which it was that took it; they rummaged all about the officers, to see if they had any watches, but there were no watches, and we took three cases; one case was covered with a mat, and we took two trunks, and put them into the boat; then we went down again to ask the mate for a hammer, or something to break open the cases and two trunks; he got out of his cabin, and gave us a hammer; then we went into the cabin again, and asked the officers what was in this cask that stood by the fire-side, and they said they believed it was indigo; we said then that would do for us, and we put it into the boat, and rowed over to New-stairs, Rotherhithe; alongside of the craft we took away three cases and two trunks, and we began to open the three cases, and they contained doctor's drugs; we opened the trunks, and there were two shirts and a great coat, and two or three pair of silk stockings, and some other articles of wearing-apparel with the shirts; then we began to open the cask, and it contained indigo.

Is indigo and Prussian blue the same thing? - Yes; we began to tie it up in our handkerchiefs, and the wearing apparel we put into the boat; then we left the three cases in the craft, and the two trunks we chucked over-board, and rowed over to Lady Parson's Stairs, and then walked up the back lane; we had the clothes and the Prussian blue with us; we knocked at the door of one Moses a Jew, the other prisoner, about three in the morning; he came down and let us in; we told him we had some clothes, and this indigo, and we sold the property for four guineas, and shared the money equally alike; every one of us went home to our apartments; we four were all that were concerned.

Mr. Knowlys. Mr. Dolfin, you stand there with a great deal of ease; how long is it since the ship was robbed of the dollars? - About three years.

How long have you done business in that way before? - Not many years.

You appeared then in the same easy manner? - Yes.

As an accomplice brought from gaol

to this place, to give an account of your behaviour? - Yes.

I am sorry you did not benefit by the warning of the Court; you received warning from the Court? - Yes, I believe I did.

Then for these three years you have persevered in your old courses? - No, I have not; I have been on board a man of war since.

However, you have resumed it; you begin now to be a little ashamed? - No, Sir, I am not.

What office was you examined at? - At Mr. Smith's, in East Smithfield.

I am very sorry to see you a witness here again.

Court to Dawson. Were any of these goods ever found at Moses's? - I received a private information that they were at Mr. Moses's that morning; in consequence of that I went up to Mr. Moses's; but when I came there, I could find nothing; Mr. Moses was at home, he opened the door to me, and told me I was welcome to search all over his house, which I did, as far as I thought was necessary; but when I did not find the property in the place where I had information it was, I did not think it necessary to search any farther; nothing more was done in respect to Moses till the Sunday following, when Dolfin was apprehended; the persons of the other three were described to me, and we apprehended them; I am not quite certain with respect to Hammond, whether he was apprehended the day prior or subsequent to Dolfin's, being examined; in consequence of the information we received from Dolfin, we went again to Moses's house, but Moses had been down at the office, and there was word taken for his appearance at any other time, should he be wanted; Moses said as he said before, I was welcome to look any where, and I searched the house, and could find nothing; he was afterwards taken in custody, and admitted to bail.

Prisoners. We leave it our counsel.

Court to Mr. Meriton. What was the value of this blue? - It is twelve shillings a pound.

What quantity might there be in this keg? - I really cannot tell; there might be sixty or seventy pounds.

JAMES CUNNINGHAM , GUILTY , Death .

JAMES ROMAIN JOSEPH HAMMOND ABRAHAM MOSES

NOT GUILTY .

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

Reference Number: t17870523-28

476. WILLIAM ROWLEY was indicted for burglariously breaking and entering the dwelling-house of Robert Wigsdell , about the hour of nine in the night, on the 14th of April last, and burglariously stealing therein a leather glove, value 2 d. a tin nutmeg-grater, value 1 d. and fifteen guineas, the property of Alexander Wren .

A second Count, for breaking the dwelling-house of Alexander Wren .

A third Count, for stealing the same things in the dwelling-house of Alexander Wren .

JANE WREN sworn.

My husband's name is Alexander Wren ; we live at No. 2, Green-street, Theobald's row ; I know the prisoner very well; he lodged in the room opposite to ours, up two pair of stairs; he had lodged in the house before we went to it; he lodged first in the room I have; I have been there a twelvemonth; I wash for some families; for Mr. Russel; I lived with Mr. Russel, I went out between nine and ten on the 14th of April; I locked my door, fastened down the window, and took my key; I was out about half an hour; I left fifteen guineas at home in this nutmeg-grater, tied up in a leather glove, and put it in a large box; the box was locked when I went out, and when I returned the box was broke open, and the money all gone; I put my key in, and turned it

several times without its unlocking, and to my great surprize the door flew open; I cannot say the lock had been injured; my box was broke open, and the sash windows thrown a little way open; the things tossed about, but nothing taken out of the box excepting the money; the glove and the nutmeg-grater were thrown out of the window on the leads, which were two pair of stairs high; the prisoner was out when I went home, and he came home in a few minutes after; he lighted my husband with a candle to look at the window for these things; I believe my husband first proposed looking out; it was rather wet weather at that time; I looked against the wall, and likewise in the room, and I did not see the appearance of a man's foot, or any thing of the kind, before my husband made marks; I did not observe any; but when he came in there were; this was on Saturday night; the prisoner was taken up on the Thursday, but not for this; I gave some information respecting something else, in consequence of which he was taken; I was not present when he was searched; I had part of the money from my leaving my place, and the rest I have worked very hard for since; it was fifteen guineas, all in guineas; there are four of them are dated 1784, they looked quite new; one 1785, new, and one of 1777, that looked as new as the rest; one of 1768, of light weight, a little plain on the reverse side; one of 1769; there were seven that appeared new, the other appeared older; I think three of the old ones were of the date of 1777, and there was one of 1769; five guineas were afterwards shewn to me by Justice Walker, and every one of them corresponded to my recollection and description of the dates; there were only fourteen; the prisoner said he found fifteen guineas and a half and a shilling on Blackfriars-bridge, on Sunday night; I mentioned the particulars and the dates of the guineas before Justice Walker, before they were shewn to me; I have never had them in my hand since they were taken.

Court. Who keeps this house? - Robert Wigsdell .

Does he occupy the lower part himself? - Yes.

And you and your husband live in one of the apartments? - Yes.

MARY WADMAN sworn.

I live in the same house with Mrs. Wren.

Do you remember the time when she went out on Saturday evening, the 14th of April? - As near as I can recollect, it might be between nine and ten; I live in the lower part of the house, on the first floor; during the time she was out, I did not hear any one person go out, to my knowledge; the prisoner's room is over mine.

Do you think you should, if any body had gone up? - I cannot say; but I was very still at the time, and my door was on the jar; when she came home, and gave the alarm, I went up, and was there but a little while; I have been acquainted with the prisoner a year and half, as near as I can tell.

Was the prisoner at home when Mrs. Wren went out? - I cannot say, I did not see him go out, or hear him after.

STEPHEN WADMAN sworn.

I was at home this evening with my wife; I did not hear any body go up stairs; we gave no heed to any body going up stairs, there are so many lodgers in the house; I do not know when the prisoner went out that evening.

ALEXANDER WREN sworn.

I went out a little after nine; I believe it might be a few minutes after nine; I was back a few minutes after ten; the prisoner was in the room with me before I went out, a quarter of an hour, or twenty minutes; he came in, and I asked him to sit down; my wife was at home when I went out; he looked into the bedroom where this box was, and locked all

about; I did not take notice of it then, till the box was broke open; then, from something that he had done, I suspected him; I observed the window fast; to my knowledge nobody came in that way; there were no marks on the leads, and there were none in the room; I positively observed the sill of the window, and there were no marks there till I had been out of the window, and came in; I can positively say there were none before, so that I concluded, if any body else had come in that way, there must have been marks; the window is rather better than a foot high; I found the nutmeg-grater and gloves about four or five feet off the leads; I was not present when the prisoner was taken up, or searched; I was not present when he said how he came by the money, only at Hyde's office, there he said he found it at Blackfriar's-bridge.

SARAH SIMCOE sworn.

I live in the same house with the prosecutor and prisoner; on Saturday evening the prisoner's wife came down into my apartment, and presently after he came down too; he told his wife and me he was going to buy a piece of ribbon; we had no conversation about money at all.

Was you in the prisoner's room on Saturday evening? - Yes, about six, I believe; I cannot positively say to the time; his wife was in the room, and his child, and my child.

What passed between you there? - I cannot recollect how long I staid.

You recollect you are upon your oath? - Yes.

How long might you stay in the room? - About half an hour.

Who did you leave in the room when you went out? - The prisoner and his wife; my child went down with me.

By whose desire? - By mine, and the prisoner desired me to take my child down; my child was fractious and cross, to the best of my remembrance, and I took him down to put him to bed, and the prisoner said his girl might go down with me; I cannot recollect whether Mrs. Wren was at home then; I went into her room after the alarm of the robbery, but not till after Mr. Wren had been out of the window; I heard say that the prisoner borrowed half a guinea; I do not know it; I never heard it said in his presence, to my knowledge.

JACOB FREEMAN sworn.

I am an officer at Hyde-street office; I apprehended the prisoner on Tuesday the 17th, I searched him, and found wrapped up in whitish-brown paper, in his fob, fourteen guineas, and some other things, but nothing that relates to this, or explains it at all; I found some silver, about seven or eight shillings; I gave him the silver again; the guineas have been in my possession ever since; when I searched him, and found such a quantity of money upon him, I asked him how he came by so much money as a journeyman carpenter; he told me he had it left him by a relation; that was before I took him out of the house; I took him at work at a gentleman's house; and went with him before a magistrate; he was there asked how he came by it, and he said he kicked it before him on Blackfriars-bridge; he said he found fifteen guineas and a half, and a shilling; that was on the Sunday evening: I told Justice Walker I should not shew the money till the woman described it: the account of her description was taken down by Justice Walker: then I gave him the money into his hands for his inspection, and he gave it me again: she described it then as she has to-day.

Mr. Knowlys. Did she describe all of it? - No Sir, not to a guinea, but three parts of it she did.

Mrs. Wren. Here are four of 1784, which I said looked fresh, and one of 1785 that looks so; here is a guinea of 1777 which is fresh also; here is one of 1779; here are six fresh guineas, four of 1784, one of 1785, one of 1777; here is the light guinea of 1768, a little smooth on the reverse, it is like the one I lost; here is another

new guinea 1785, that makes seven fresh ones.

Do they on the whole correspond with your recollection of what you lost? - Yes, they do indeed.

Mr. Knowlys. If I understand you right, you said there were four of 1784, quite fresh; one of 1785 and one of 1777, you did not at first tell us there were two of 1785? - I did not recollect.

EDWARD TREADWAY sworn.

The prisoner said, he had been to see a person in the King's Bench, and he found it on Black-friars-bridge; he kicked it before him.

PRISONER's DEFENCE.

I went home with an acquaintance of mine on the Sunday evening that this money was lost; I saw something on Blackfriars-bridge, and I kicked it and picked it up; and when I came into the Temple, I looked at it, and it was fifteen guineas and a half and a shilling; I kept it till it was advertised, for I thought a guinea or something that might be paid for advertizing, would be of more service to me than keeping all the money, and I looked into the papers at night; I spent a guinea and a half, and paid a debt and some trifles.

Mr. WADMAN sworn.

The prisoner is a journeyman carpenter ; I believe he has never lost a single day's work since I have known him; he is as regular a man as ever I knew; I never knew any thing dishonest by him in my life; I was very sorry to be compelled to come here against him now; I never knew any thing disrespectful of him before; through all our house his general character was an honest man.

Mr. Garrow. What way of business are you in? - I am a journeyman taylor.

I believe you took some pains to keep out of the way? - I never did, I will tell you the truth, Mr. and Mrs. Wren asked me; says they, the gentleman would be glad if I would appear along with them at the trial; says I, I never was at a Court; I should be glad not to appear in any thing that I know nothing at all about; then the man he made some very rash words, and he said, if it cost him five guineas, he would have me; then I said, if I am compelled to come, I must come.

I ask you whether you did not take pains to prevent being served with a subpoena, and keep your wife out of the way too? - Upon my oath, as that man said, he would have me if it cost five guineas; I did keep away in the course of the day; I did not come home to my dinner.

Upon your oath, did not you keep your self and your wife out of the way, in order that you might not be subpoened? - I did.

Did you ever hear of any legacy the prisoner had left him? - No.

Court to prisoner. You say that you was on Black-friars-bridge on the Sunday evening, and found this money? - Yes.

Had you mentioned to any body between that and the Tuesday when you was taken, any thing of this good fortune? - No, because it might be taken away again; on the Tuesday and not before, I converted one of those guineas into silver.

GUILTY, 39 s.

Transported for seven years .

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

Reference Number: t17870523-29

477. CHRISTOPHER COUSINS was indicted for feloniously assaulting Charles Earl , on the 20th of March last, on the King's high-way, and putting him in fear, and feloniously taking from his person and against his will, one cotton gown, value 12 s. the proper of John Earl .

CHARLES EARL sworn.

What age are you? - Just turned of fourteen; about eight at night, on the 20th

of March last, I was robbed at the corner of Ducking-pond-lane, Whitechapel-road ; It was just dark, it was the prisoner that robbed me; I was coming down Whitechapel-road, and at the door going round the corner, I saw the prisoner come from behind me; he came before and hit me in the face; I had a black eye for two or three days; and took the bundle from under my arm and run up the lane; I have frequently seen him about the neighbourhood, but never spoke to him, or played with him; there was a cotton gown in the bundle, tied up in a handkerchief, it was my mother's gown; my father is here; it was just under a lamp; I am sure it was him and nobody else.

JOHN EARL sworn.

I am father to the last witness; I was at home, and my son came crying into the house, and said, this prisoner had robbed him, and described his dress, and he was taken the next day according to the description; I never got the gown again; I know the gown very well.

What is it worth? - It is laid at twelve shillings, but it is worth a good deal more; it cost twenty-seven or twenty-eight shillings.

JOSEPH LANGSTON sworn.

Mr. Earl came to me, being an officer; on the 21st of March, I took him on Tower-hill at a place he frequented, where boys meet to gamble; I found nothing on him; I have enquired about his age; the neighbours tell me he is about eighteen; he lives just at the back of where I live.

PRISONER's DEFENCE.

I was never nigh the place at the time; I was on board a ship at the same time; my friends are here; they were here yesterday; I was fourteen last May.

GUILTY, Death .

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

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

Reference Number: t17870523-30

478. JOHN TIREY , WILLIAM TIREY and JAMES TIREY , were indicted for feloniously stealing, on the 30th day of April last, fourteen pair of mens leather shoes, value 14 s. one pair of mens leather pumps, value 1 s. one pair of leather garters, value 1 s. four pair of boys leather shoes, value 4 s. one pair of leather slippers, value 2 s. four pair of pattens, value 1 s. four pair of girls leather pumps, value 1 s. seven pair of leather pumps, value 7 s. three pair of leather pumps, value 3 s. four pair of coloured pumps, value 4 s. eight yards of callimanco, value 8 s. eight yards of silk binding, value 1 s. the property of John Grieve .

JOHN GRIEVE sworn.

I am a cordwainer , the corner of Cranborne-street; I have a house the corner of Newport-street , but I do not live there; on the 30th of last month, on the morning; my men came and informed me, that they could not get in; this was I think about seven; there were three doors; I went and examined the doors, and I found they were all fast, and the windows on the one pair of stairs were on the spring; I got a ladder and got in at one of the windows to the one pair of stairs; my house had been lately built, and I had not moved into it; I came down to the passage door; there is a door between the shop and the passage; there was a square of glass broke; I opened that door and let them in, and then we looked and missed but very few things; as for my part, I did not miss any thing; I desired my men to go to work and take no notice of it; but there were two buttons that appeared to me to be buttons that come off a jacket; and there was a halfpenny in the shop; we went over the house and could not find where they got in nor where they got out; I went up to the trap door, and the bolt was bolted, and the handle of the bolt fell down where it was; I could not find any way where any body came in or out; I came home and set the men to work; I went back again and got a candle, and went over the house again,

and when I went over the leads again; while I was up there, I saw the hinges of the trap-door had been chisselled; they had taken off the hinges, and when they had done, they had nailed on the hinges again; it was plain to any body that looked at the hinges, that they had been taken off; they appeared to me to have been taken off more than once; that was the hinges of the trap door, and I observed the marks of feet, between the trap door of Mr. Tirey's, the father of these children, and my trap door; the prisoners live next door to me; he is a tinman; in consequence of that, I thought it led to a discovery of my former robbery, and I got a search warrant, and searched Mr. Tirey's house, and on the top of the teaster of their bed, I found several pair of shoes and some sattin; we went up three pair of stairs, and there we found more amongst some other beds, which I suppose were the boys beds, but I did not ask; we went then up to the cock-lost, and there we found thirty-one pair and a pistol, and some callimanco, some black sattin, some white sattin and some pink sattin; in consequence of that, we went down stairs and told Mr. Tirey he must go with us to the Justices; I believe they were all examined together, and the confession was taken down and signed by them, which caused the father and mother to be set at liberty.

The first you found was on the father and mother's bed? - Yes, eleven pair and a piece of black sattin; they were examined in Litchfield-street, before Mr. Barnfather; he asked me, if I thought any of them belonged to the first robbery; I told him I was not willing to swear to it, if they did.

Are any of the shoes your property? - They are all mine, the sattin and all; the oldest boy said, that he assured the Justice upon his word and honour that they were all taken out on the Sunday.

WILLIAM BOUGH sworn.

On the 30th of April last, about seven in the morning, my fellow servant came to me for the keys of the shop; I went with him to go to work, and found the door was bolted at bottom on the inside; we could not get in; I went and called my master; he came with me and he found the same; then I went and brought a ladder, and we got into the one pair of stairs window, and found a pane of glass had been taken out of the door; we saw a few shoes were gone, but could not recollect how many; that pane of glass was in the door, between the shop and the passage; the first square from the ground is about two feet and a half from the ground; we then examined the doors, and found all the doors and windows fast; I examined the rooms and saw the print of boys feet in the dust of the rooms, without shoes; some of the marks were like as if they had shoes on, and some had not.

How do you know they were the print of boys shoes? - By the length of their shoes; I could count the great toe and the little toe through the stocking; the print in the dust.

Do you mean to swear that? - Yes, I could see the print of the great toe and the little toe in the dust, with stockings on; I came and brought my master and other people up stairs; I have the goods in my possession; they were delivered to me in the office.

Who did you shew these prints in the dust to? - To Mr. Grieve.

Prosecutor. To me; I measured them, and by the measure of the print we knew the size of it to be a boy or girl, and we thought it had been a chimney sweeper; we could tell by the measuring of it; the dust had fallen in and the foot of the stocking had sucked up the dust; I measured two in particular, and I measured the biggest boy when I went into the house, and it answered to the biggest boy; eight inches; I only measured it.

WILLIAM PARKER sworn.

On Monday, April 30th, about seven in the morning, I received the keys of the shop from my fellow servant; I tried the

street door, and found it bolted withinside; Mr. Grieve came and found the same; he got a ladder and got in at the one pair of stairs window, and there was a pane of glass taken out of the door that leads into the passage; the glass was laid down by the side of the door, and there were two buttons and a halfpenny; we found some shoes gone; we examined the house and found it all secure; we wondered how they could get out.

DENNIS MAC DONALD sworn.

Mr. Grieve called on me, and I went to search the boys father's house; and in different parts of the house, we found shoes; in the two pair of stairs, on the top of the feather bed, we found some; he said, it was his bed; he was in the room with us; we found some sattin there; we went up in the garret, where the children lay, (as he said) and we found some more in the garret bed, covered with some clothes; then we went to the cock-lost, and found a good many more pair; we brought them to the office in Litchfield-street, and I brought the old man; I found this pistol in the cock-loft, with Mr. Grieve's shoes.

(A pistol about the length of a finger.)

I brought the children with us; the big boy was suspected; he wanted to get away; I was present when they was examined, and Mr. Grieve was present, and there was a great many in the office; Mr. Barnfather was there, and the clerk; I believe there was some acquaintance of the prosecutor's; I was in and out.

Prosecutor. My Lord, the office was as full as it could hold; I heard the children examined; one said to the other, you would persuade me to do such a thing.

To Mac Donald. What was said to these children at first? - Nothing to my knowledge; we brought them to the officer; I brought the big one; the little one I brought from school.

Who brought the middle boy? - I believe the prosecutor went for him himself.

JOHN MACLAURIN sworn.

I went to dress Mr. Grieve in the morning; I am a hair-dresser; he had got the search warrant to go into Mr. Tirey's, and they asked me to go in with them; when I went in doors, as I was going into the room, Mr. Grieve and Mr. Mac Donald was in the room, which I imagine, was Mr. Tirey's bed-room, and there I saw some shoes on the bed, which they had pulled down; I saw the remainder of the goods found.

Has Tirey any wife? - Yes.

Was she at home? - Yes.

Court to prosecutor. Which of these boys did you take to the office? - The middle one; I went with an officer to shew him.

Had you any conversation with him, as you was going to office? - None at all; I went with the officer that went for him.

What is his name? -

Mac Donald. Charles Young .

Where is he? - He is not here.

Then I will not hear the child's confession, if any person is absent that had any conversation with them; is Mr. Barnfather, the Justice, here? - I do not know that he is.

It is very doubtful whether I shall hear the confession of such children at all, but extremely improper to hear it in the absence of any person who had conversation with them.

Prosecutor. I should be very happy they should be discharged; I do not want to make the matter worse; the big prisoner at the office, denied knowing any thing of doing it, till we found the shoes; there were two buttons found, and they corresponded with the jacket he had on; he then said, more people wore such buttons; the name of the biggest boy is John; them are the same sort of buttons; but he said, they were larger, and they did appear larger.

Are the buttons here? - No.

Court. Then I shall not hear any thing about them.

SARAH TIREY sworn on the VOIRE DIRE.

What is your name? - Sarah Tirey .

What is your father? - A tin-plate worker.

Have you a mother living? - Yes.

What family have your father and mother? - Six children.

How many boys and how many girls? - I have one sister besides me, and four boys; the other boy is not two years old.

How old are you? - Going of sixteen.

How old is William? - He is going of thirteen; I believe so; I do not know rightly his age.

How old is the little boy? - He is eight; I had two brothers between them, but they are dead.

Does the little boy go to school any where? - Yes, in Litchfield-street.

What sort of a boy is he, I mean in his capacity of learning and knowledge? - He is very well for that.

Nothing extraordinary beyond his years? - No.

Who brought you here to give evidence? - A gentleman at the office said I was to come.

Who desired you to go to the office? - They came and fetched me there.

Who told you, you should come here to give evidence? - The gentleman at the office.

Which of the gentlemen? - The Justice.

Did your father or mother say anything to you about it? - Nothing at all.

Did they desire you either to come or not to come? - My father said, I was to come to day.

But before that, did your father say any thing about it? - The Justice said, I was to come, and when I came home, my father told me, I was to come here.

Do you know what promises were made to these children if they would tell the truth? - I saw Mr. Grieve clap my brothers on the head, and told them to tell the truth, and they should not be hurt; that was at the Cock.

Did your father ever say any thing to them? - No Sir, they were taken directly to Bridewell, my father never saw them after.

Court. Swear her to give evidence.

SWORN IN CHIEF.

Had any thing been said to you after, of the evidence you was to give by any body? - Nobody said any thing.

Has there been any threats to prosecute you if you did not tell the truth? - No Sir, nobody said any thing to me; my father said, I must tell all the truth.

But did any body at the Justice's tell you, that if you did not give evidence you would be prosecuted? - No, not to my remembrance.

Are you sure that nobody told you that if you did not give evidence against these boys, your father and you should be prosecuted? - No Sir, not to my remembrance; I do not remember it.

It could not well pass without your remembering it; will you swear that no such thing did pass? - I cannot say so unless I was positive of it.

Did nobody ever say to you, that unless you gave evidence against these boys, you or some of the family would be prosecuted? - No Sir, I cannot positively say, whether they did or no.

Upon your oath, was not your father threated with a prosecution, unless evidence was given against these boys? - I do not know that, indeed.

Was not you yourself threatened? - I do not recollect I was.

Will you swear that no such threat was ever made use of to you? - I cannot, because I am not positive; they might, and I not take notice of what they said.

Was any such thing ever said to you by any body or not? - I cannot positively say.

Yes, you can positively say, if no such thing was never said, it is easy for you to say so? - They might say so, and I never took notice of it.

Who do you think said so as you recollect

now? - Nobody that I recollect; nobody said any thing to me.

Are you sure of that? - Yes, I am sure my father did not; there have been a many people to see my father, since my brothers have been gone.

But I want to know what any body has said to you. - Nobody has said any thing to me.

Did any body else? - People have spoke to me; but I do not remember their saying any thing of that sort to me.

You do not say heartily that they did not; you have nothing to fear here; you are under protection here, provided you speak the truth; nothing can hurt you now or hereafter, if you speak the whole truth; and you are liable to be punished, if you do not speak the whole truth; did any body ever persuade you to give evidence against these boys, in order to save either yourself, or any part of your family, from a prosecution? - No, Sir, nobody never did; I am sure nobody did; many people said, be sure you tell the whole truth, and do not go tell a story upon your oath.

But had you no motive to induce you to come here to give evidence against your three brothers? - No more than that I was ordered; I went up to speak to my brothers, and I saw the shoes in the cockloft.

Do you know any thing how these shoes came into your father's house? - I asked my brother how they came there, and he said my brother William had been playing; he said he had been a top of the leads; and my little brothers some of them, I do not know which, went down into the house, and brought up some of the shoes; and when I saw the shoes, I desired them to take them back again, and my big brother said he would; my little brother had them in a pin-a-fore; then my father called us all down to read; it was on Sunday night.

How came they a top of your father's bed? - When the constable came with a search-warrant to the house, my mother came up stairs, and I saw Mr. Grieve, and I thought what he came for, and I went into the cock-loft and brought the shoes down, and put them on my mother's bed.

How long had they been in the house? - On Sunday night, and this was on Monday morning, when I went up I saw them in the cock-loft; my eldest brother told me where they came from; they were all up in the cock-loft; when I came up they were jumping about.

Did you never see any of them before that Sunday evening? - No, Sir, never before, nor heard any thing of them; I had often been up in the cock-lost; I was up there on the Saturday night.

Are the shoes here that were found?

Prosecutor. Yes.

(The shoes deposed to.)

Court. There was no way in which they could be got out of your shop, but in the way you have described before? - No.

Mr. TIREY, the father, sworn.

I think, to the best of my knowledge, the eldest is fifteen, and the other is twelve, or in his thirteenth, and the youngest is about nine, or between nine and ten; I cannot say which; I have it down; I did not look at their age; I did not think it would have been asked.

Court. Gentlemen of the Jury, these three children are indicted for stealing a quantity of shoes, and some other articles, the property of John Grieve ; and the first point that you ought to consider in an indictment of this kind, is the capacity of the parties to commit the crime of which they are charged: the law requires that a person who is charged with a crime, should be in a situation capable of comitting that crime; he should be a moral agent; the law has fixed different ages, to enable persons to do different acts; at the age of twenty-one a party is completely master of himself, in point of law, and capable of doing every act that any other freeman can do; at the age of seventeen a person is capable of being an executor, and of acting in

affairs belonging to that, provided the trust is reposed in them by other people; the age of fourteen is what is usually called in law the age of discretion; and anciently, before the laws that were made in restraint of marriage, at that age children were capable of consenting, so as to contract themselves in marriage; below the age of fourteen they are considered, in point of law, as not within the age of discretion; the law, however, has fixed no precise time at which a child shall begin to be responsible for its actions; and anciently, doubts have been entertained with respect to all ages; for ideots, lunaticks, and persons non compos mentis, are not answerable for crimes that they commit; in the same way, a child that is of so tender years as to be alike incapable of distinguishing good from evil, and of knowing the moral consequence of its actions, is not capable, in point of law, of committing a crime; and a variety of doubts have been from time to time entertained, with respect to the capacity of children to commit crimes, when under the age of discretion; for after the age of discretion, which is fourteen, the law presumes capacity to make them accountable, but not before that age, unless some act is shewn, or unless it appears that the party charged with the crime, from their actions, or from their committing the fact itself, had that degree of understanding and discretion sufficient to make them accountable for their actions, and conscious of the nature and consequences of them; and on that principle it is, that sometimes children of very tender years have been condemned and executed for very atrocious offences; there was one instance of a child of between nine and ten years of age condemned and executed for murder; and the judges were of opinion, that the circumstances of the case being attended with a considerable degree of cunning, and with endeavours, on the part of the child, to conceal the fact which it had committed; they were of opinion, that these circumstances evidenced a degree of capacity in the child, beyond its years, and a consciousness of what it had done, and that it was answerable; in the same manner, in other instances, the judges have admitted that principle, that a degree of cunning, and of that malicious mind which the law requires in the perpetration of crimes, will supply the defect of years, and make the party responsible for their actions; but in general, something should appear to induce a jury to think that the child is conscious of the consequences of its actions, in order to induce them, on any evidence, however clear, to convict such child of a felonious action, because they must not only be satisfied that the fact was committed, but that it was committed from a felonious intention; now a felonious intention can never exist in any person who, from years, or other circumstances, are not acquainted with the consequences of what they do; I therefore think it very clear that the younger boy ought to be acquitted; for if he had been in point of fact guilty, there is no evidence, either from the circumstances of the case, or the previous conduct of the child, to shew any degree of art or cunning beyond his years, or to fix him with a moral consciousness of his actions; and unless it appears from the circumstances of the case, or from the conduct of the child, that there was a degree of art and discretion in him, that made him accountable, he is not a person capable of being acquainted with the nature of the case, and he should therefore be acquitted, as a person not capable of knowing the nature and tendency of his actions; but it would be dangerous to fix any rule, and it is left to the discretion of the Court and Jury to judge from the circumstances of the case, whether these circumstances are such as to supply the defect of years; and certainly there is no evidence of that sort in the case of the younger child; so far with respect to him, therefore, I think clearly, whatever your opinion may be, you ought to acquit him; the next is so near what the law calls the age of discretion, that it would be too much to acquit him on account of his years alone; I will thereforestate the evidence as it respects the two older boys.

(Here the learned Judge summed up the evidence.)

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

ALL THREE NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Jury. We wish to recommend it to the father of these unhappy children, to take more care of them in future.

Reference Number: t17870523-31

479. ELIZABETH FARRELL was indicted for burglariously and feloniously breaking and entering the dwelling-house of William Wright , on the 18th day of May , about the hour of one in the night, and burglariously stealing therein one woollen petticoat, value 12 d. a tablecloth, value 12 d. two napkins, value 12 d. four linen pin-cloths, value 12 d. one shift, value 12 d. one linen waistcoat, value 12 d. two aprons, value 12 d. one muslin handkerchief, value 6 d. one linen towel, value 6 d. and one child's linen frock and skirt, value 2 s. his property .

WILLIAM WRIGHT sworn.

I live in East Smithfield ; I have one child; me and my wife went to bed together; I have no servant.

What lodgers have you? - One; we were all in bed.

Were all the doors and windows safe? - Yes; I got up at five in the morning, or a little before, to go to work; when I came out of the door, I found the shutters of the kitchen window wide open.

Were the shutters broke? - No, they were not broke; they were wrenched open; there are two shutters, and a pin goes in the center, and fastens them; they were pulled one from another, and I found the pin in one place, and the key in another, on the ground; I went in again to my wife, and the things were all gone off the line, except two little child's shirts; my wife had been washing them; they were on the line over night; my wife went to the office, and found the things that had been stripped.

SARAH WRIGHT sworn.

I lost several articles; there was a shift and waistcoat, a child's frock, a tablecloth, two napkins, a towel, two pin-cloths, and two coloured aprons; they had been in the kitchen the night before, on the lines; I went to the office afterwards, and gave information, and was told the things were stopped; I examined them, and found they were my property; my property was in possession of the constable of the night; his name is Peter Mayne ; I know nothing of the prisoner.

PETER MAYNE sworn.

It was my night at the watch-house on Friday night last; I went to take a turn round the parish, and I met the prisoner; knowing her, I stopt her, and asked her what she had in her apron; it might be about two o'clock; I met her in Blue-anchor-yard; that is not above ten minutes walk from the prosecutor's house; then I asked her what she had in her apron; she immediately let this property fall; I took them up, and asked her where she got them? she said, at the other end of the town; I locked her up in the watch-house; the next morning, I heard the prosecutor's house had been broke open; I went down, and I fitted this poker, which exactly fitted the place in the shutter and there were two panes of glass had been cut out, to open the casement; the prisoner had this poker upon her; it was tied up in her apron, with the property; here is every article mentioned in the indictment; the poker fitted exactly where the shutter closed.

Do you mean to say there was a hole that fitted? - Yes; it was where the shutter closed; the impression was not half an inch long.

(The things deposed to.)

PRISONER's DEFENCE.

I had been at Billingsgate that day, and bargained for three baskets of fish; I came away, and left them; coming over Tower-hill, I picked up this bundle, and this bit of iron in it; coming along Blue-anchor-yard, I met Mr. Mayne; he swears it was two; it was half after four when he took me; he said, Bett, this is forty pounds for me.

Court to Mrs. Wright. Which of you was last up that night? - We both went to bed together; our lodgers were gone to bed; it is a man and his wife; I am positive they were gone to bed, because I was the last person that fastened the street-door, and I know nobody went out afterwards: I desired my husband to shut the window: I did not see him shut it: it was fastened: the pin and the key were within side.

Is there any bar? - No.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-32

480. JAMES JACOBS was indicted for stealing, on the 22d of May , one blunderbuss, value 20 s. the property of John Lane .

JOHN LANE sworn.

I lost a blunderbuss, on Tuesday, the 22d of May; it stood at my door for sale; I live at No. 5, High-street, St. Giles's ; I know nothing of the prisoner.

THOMAS GILLAM sworn.

I heard the cry of stop thief; I ran out of my master's shop, and saw the prisoner running as hard as he could, with a blunderbuss in his hand; I followed him down one street, and down another; then he ran into a public house for shelter; I followed him in, and took him; and the blunderbuss was under the settle.

JOHN BRISTOW sworn.

I am a carman; I stood at the public-house door, and I saw him run by with a blunderbuss; I did not see him take it; in about a minute the mob came after him; he pushed by me into the house; they went in, and there he was seemingly asleep on the settle; they said that was the man; I said, this is the man that brought the blunderbuss in here; and under the settle there was the blunderbuss; it was the George Inn, by the church; the mob came in about a minute after he came into the house.

ALEXANDER PUGH .

Court. What age are you? - Thirteen and a half.

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

What do you think will happen to you, if you swear falsely? - The pillory.

But besides that, do you know the obligations that an oath poses on you to speak the truth? what do you think will become of you, if you take a false oath? - It is a bad thing to take one's neighbour's life away.

What would become of you in the next world, if you was to take a false oath? - Go to hell.

ALEXANDER PUGH sworn.

I saw the prisoner take the blunderbuss from the door of Mr. Lane; he ran away with it; I followed him, and saw where he went into.

PRISONER's DEFENCE.

Before the justice, this boy said it was a man in a white coat, which it was, for he asked me to carry it, and offered me a shilling; I was in great distress.

What coloured coat had he on when he

was in the public-house? - He had a white coloured coat on then, and he slipt that off, and hung it under his coat.

Prisoner. I have had no other coat for this year and a half.

GUILTY .

Transported for fourteen years .

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

Reference Number: t17870523-33

481. JAMES ROSE was indicted for stealing, on the 23d of May , one iron anvil, value 15 s. the property of William Richards ; and one piece of steel, value 1 s. the property of Joseph Facon .

WILLIAM RICHARDS sworn.

I lost an anvil, on the 13th of this instant, about one in the morning; and one of my men lost a piece of steel belonging to Joseph Facon ; the anvil was found by one Clark, the next morning.

JOHN CLARK sworn.

I went to the barber's to have my hair dressed; says I, the man is gone without his basket; I looked in it, and saw an anvil and a bar of iron; I went to the publick-house and saw a man asleep over a pennyworth of purl; I awoke him, and he said, he had it from Bethnal-green.

TIMOTHY GRAY sworn.

I am a barber; James Rose , the prisoner, brought the basket into my shop.

WILLIAM BOX sworn.

I produce the anvil; Clark and Gray were present when I received it.

(The anvil produced and deposed to.)

PRISONER's DEFENCE.

Going along, I stopped and I saw the basket; it had an anvil in it; I took it and carried it into the barber's shop and meant to have it advertised, and Gray wanted to buy it, but I would not consent to it; then Clark and Gray came to the publick-house and sent for a constable and took me up to a Magistrate, and I was committed.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870523-34

482. WILLIAM MAC KAY ; and SAMUEL LONGLEY were indicted for stealing, on the 4th of May , one linen handkerchief, value 10 d. the property of John Hurst .

JOHN HURST sworn.

I lost my handkerchief on Friday the 4th of May; Burflower told me my pocket was picked, and he shewed me the handkerchief; it may be mine; there are many more like it; I lost such a one.

JAMES NEWMAN sworn.

On Friday the 4th of May, William Mac Kay and Longley followed the prosecutor up towards the lane, it was in Smithfield horse-fair; at Hosier-lane , Longley picked his pocket, and I see him chuck it to the other, who was close to him, but he did not catch it; it fell under the horses belly; I picked it up, and gave it the constable.

The CONSTABLE sworn.

Me and Newman, were in Smithfield, on Friday the 4th of May; we watched the prisoners for more than half an hour, and saw them attempt several peoples pockets, but got nothing till they got the countryman's handkerchief; I saw him put his hand in the countryman's pocket and take it out; we secured them, and I have had the handkerchief in my possession ever since.

(The handkerchief produced and deposed to.)

BOTH GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-35

483. RICHARD SMITH was indicted for stealing, on the 1st day of May , one pair of mens leather shoes, value 1 s. the property of Charles Couch .

CHARLES COUCH sworn.

I am a shoe-maker , in Cow-lane ; the prisoner came into my shop on the 1st of May; he wanted a pair of child's shoes; I was in the room behind the shop; I heard somebody move the steps in the shop, and he reached a pair of shoes off the shelf and put them between his legs; my man's back was turned while he was reaching the shoes he asked for, I came into the shop and asked for the shoes he took off the shelf; I sent for a constable and I saw the shoes drop from him.

SAMUEL EVANS sworn.

The prisoner had these two pair of shoes, which we suspected he had stolen some where else; they are not the prosecutor's; I have had them ever since.

PRISONER's DEFENCE.

I went into the shop to buy a pair of girl's shoes; I never stole a pair of shoes in my life.

GUILTY .

Whipped 100 yards in Cow-lane .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-36

484. JOHN HETHERINGTON and WILLIAM WILLIS were indicted for stealing, on the 30th of April last, a piece of printed linen for handkerchiefs, value 5 s. the property of Matthew Wake .

MATTHEW WAKE sworn.

I am a linen-draper , at Smithfield-bars ; on the 30th of April, I lost a piece of printed handkerchiefs; they generally run a dozen; I can swear to half a dozen; they were a small pattern, red and white; Hetherington came into my shop by himself; I threw down some pieces to him to take his choice; I saw him take a piece of handkerchiefs off the counter, and throw behind his coat, a great coat; he ran out of the shop; I saw the other prisoner and spoony Jack, waiting his coming out; I believe they ran away as soon as I could get out of the shop, he gave the handkerchiefs to those that were standing at the door; then they ran away; they ran into Chick-lane; I pursued them and brought Hetherington back; I could not tell what was missing, except the piece of handkerchiefs; I certainly made promises that I wish now to support; that is, of saving Hetherington if I could in consequence of which I discovered the other; I heard from himself, that he was an officer in the army until the peace.

JOSEPH KNIGHT sworn.

On Monday the 30th of April, at eight in the evening, I was going by Mr. Wake's door; I saw three men standing opposite; I saw Hetherington come out with something under his coat, which he gave to one of the others; I cannot swear to the others, they had great coats on, with flapped hats; we pursued them; and Hetherington stood with his face towards the door; Mr. Wake took him; he said, he was very sorry for what he had done; he was drawn into this scrape by some bad women; he was in liquor.

PRISONER HETHERINGTON'S DEFENCE.

I went into this shop; I looked at some handkerchiefs; I saw a person going by; I said, I would return again; they pursued me; I was in liquor; Mr. Merrick, in Parliament-street, has been my agent ever since the year 1781; I know nothing of this man; he certainly is innocent; I am a stranger in town; I had not been many days from Leicester; my inn is at the Swan with two necks, in Lad-lane.

PRISONER WILLIS'S DEFENCE.

I was coming by; I might stop and look at the shop; I am innocent.

The Prisoner Hetherington was recommended by the prosecutor .

BOTH GUILTY .

Transported for seven years .

Tried by the London jury before Mr. ROSE.

Reference Number: t17870523-37

485. JAMES MARTIN was indicted for stealing, on the 9th day of May , fifteen shillings in monies numbered, and one piece of copper money, called a farthing , the property of Robert Waller .

ROBERT WALLER sworn.

I live at the King's-head, in Love-lane, Thames-street ; on the 9th of May, I was going to start some liquor; I found the cup where I put some money in there, was missing; about eighteen or nineteen shillings out of a cupboard; in the parlour was the cupboard; I locked it; I turned the key in it and I thought it was locked; it appeared to me in the morning to have been picked; I put the key in it and the door was open.

Did you miss the farthing? - No, I did not miss a farthing, I put the money into the cup just before I went to bed; when I missed the money, the prisoner came into the tap-room; he lodged in my house; he called for a penny-worth of purl; I asked him if Wenham was up; he said, yes; he was gone to Billinsgate, to attend the mackarel carts; I sent for him and told him I had been robbed; then says he, send for a constable and every one shall be searched; while some person was gone for the constable, some person threw some money under the table; I heard some money fall; there were eight or ten people in the room; they were sitting in a settle in the tap-room.

How came the farthing in the indictment? - I do not know, only the farthing was picked up with the silver and half-pence off the ground.

THOMAS PERROT sworn.

I am a box-maker; I happened to be in the house; I know nothing of the matter; I only heard the money fall.

RICHARD WENHAM sworn.

I was in the house at the time the money fell; I was a lodger in the house; I only heard the money fall, but know not from whence.

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-38

486. ANTONIO NESI was indicted for stealing, on the 18th of April last, three guineas, value 3 l. 3 s. the monies of Isaac Hitchin and Abraham Hitchin , in their dwelling-house .

The following Jury were sworn, half Englishmen, and half Foreigners, viz.

James Showell .

James Tregent .

Thomas Stewart .

George Homath .

John Bodenham .

Christopher Bernardi.

John Austin .

Henry Roamer .

John Latchford .

Andrew Schabner .

George Richardson .

John Triplet .

ISAAC HITCHIN sworn.

I am a leather-seller ; my brother, Abraham Hitchin , is my partner; on the 18th of April I was robbed of three guineas by the prisoner, at No. 32, Little Newport-street, Soho ; the prisoner came into my shop, on the 18th of April, and brought me a very excellent guinea in his hand, asking me if I could give him change for it; I told him I could; he gave me the guinea; I went to my desk, and took out two half guineas out of this bag in the desk, and I gave him those two half guineas, putting his guinea in the room of them, in the bag; one of which half guineas he scrupled, or refused, saying it was too light; I told him then I was very ready to change it; I went to my desk, and took out this bag, containing to the amount, in gold, silver, and copper, ten guineas.

You are sure that was in the bag? - Yes, I took it to my counter, and threw out part of the money that was in it; he would not give me time to give him the change; but in haste began to handle the money, saying immediately that he wanted a choice half guinea; not finding one to please him, among the money that I threw out, he took hold of the bag, throwing out the remainder himself; he amused me in

this manner, with speaking of the different terms that they call our coin in France, and in the present time took up half a guinea out of the money that he himself threw out, saying, that half guinea would do; he then paid me a respectful compliment for the favour I had done him, and I put the rest of the money in the bag immediately, without telling what was left; the prisoner then beckoned me to forward it into my desk with all speed, fearful I might lose some; he then looked at some leather that lay on some shelves in the shop, and to repeat his own words, he said, nice leather for breeches; he then behaved in a strange manner, by patting me on the back, and saying, you know what you are about; he then returned me so many thanks for the favour I had done him, that I almost thought myself under an obligation to him, instead of him to me, and immediately left my shop; my worthy and much esteemed neighbour and friend, Mr. Burridge, of Newport-market, stepped in, interrogating me -

Mr. Knowlys, Prisoner's Counsel. Do not tell us what passed between you and him. - I will, in as concise a manner as possible, bring it to a conclusion; Mr. Burridge asked me if I had lost any money, if I had given him change; he said, has that man touched you, that went out? I said he has; he passed a few minutes; I said, Sir, you alarm me, is the man possessed with the plague; or any thing that is infectious, for he has touched me, and handled me; he said, has he touched your money? I said, he has touched my money.

Court. Did the prisoner speak English? - He did speak both French and English, as I shall make it appear; Mr. Burridge asked me if I had counted the money since I gave him change; I said no, I had not; I then went and counted the money before Mr. Burridge, and there were seven guineas exactly, to one farthing.

You are sure, as you said before, that there were ten guineas when the prisoner came into your shop? - There were ten guineas in amount.

How lately before his coming in, had you counted the money? - The money was counted and locked in the desk the night before.

By whom? - By my brother; I believe the desk was locked when I told the money before Mr. Burridge; I found there were three guineas short, and that the man had robbed me of three guineas; I beg leave to observe, that Mr. Burridge watched the man both in and out; I desired Mr. Burridge, as he had been to his house, to let me know if he came to his house again, and I would let him know if he came to my house; last Tuesday was a week, the 15th of May, the prisoner went to Mr. Burridges's house for some veal cutlets, and Mr. Burridge sent his servant to me, to tell me he wanted to speak to me; I went over, and saw Mr. Burridge, and the second person I saw, was the prisoner at the bar, who wanted very much to shake hands with me; my recollecting him immediately, I told him, you had better keep your distance; shall I shake hands with a man that has robbed me once, and would again if he had it in his power? he started immediately, and pretended to be surprised, though I believe he was not; I told Mrs. Burridge that he affected not to understand English, though I believe he did; to communicate to him in French, that I was the person he came to a month ago wanting one day, for change for a guinea, and at that time availing himself of robbing me of three guineas; the moment he was told that, he took out three guineas out of his pocket, saying, you take your three guineas and let me be gone; I refused taking the money, and said, I should seek to the law for redress; I sent for a constable who did not come; then I went to the office in Litchfield-street, where I got a runner; he was taken to the office and committed by Mr. Barnfather.

Court. Did any thing particular pass on the examination? - He behaved in a very improper manner, with a great deal of contempt to me, and the Justice told him, it was a matter of too serious a nature to

be trifled with; my brother being not at home, he was detained till six o'clock, when he was re-examined by Mr. Justice Barnfather and was committed; I employed an attorney in order to see the business conducted, and the Jury found a true bill.

Mr. Knowlys. What are you? - A leather-seller.

Is that the business you have constantly been brought up in? - No Sir, I was a woolstapler, or fellmonger, with my father.

I thought you had kept a school made me ask you? - No Sir, I have a brother that does keep a school.

So I thought; you say this was on the 18th of April this person came into the shop and asked you for change for a guinea? - Yes.

On that occasion, you tell us he produced a very good fair weighty guinea? - A most excellent guinea.

You said you went to the desk then, and took out a bag containing some money? - I did not take out the bag the first time, I took out two half guineas out of the bag, leaving the bag in the desk; I put the guinea he gave me into the bag again; I have been speaking only of one bag.

You led us to understand at first, that you knew perfectly well the contents of this bag? - At first I did.

Afterwards you said, you did not know the contents of it, because it was your brother that counted? - My brother counted it, over night.

Then you know nothing of the real contents but from your brother's information, not from your own knowledge? - No Sir, I knew the contents of it so far as this; I settled the books for the day.

This bag was your own? - It was mine and my brothers; it is a bag we have for the purpose; we always leave one day's money for another day's change.

Had you not used it for any private expences of your own? - No Sir, this is the first time the bag was ever out of the house; I have a man; he is here; me and my brother have each of us a key of the desk.

Have you any wife? - I am not so happy as to have a wife.

Then your brother has? - No Sir, we are both single men.

The prisoner staid a few minutes with you talking after he took the money; the prisoner did not affect to know you at the time you saw him again? - He seemed to recollect me, and shake hands with me as a friend; I should have said that he refused that ever he had tendered the money; he spoke in English, you take your three guineas and let me be gone; as plain and as articulate as I do.

This man evidently is a foreigner? - Yes Sir, I believe him to be a foreigner; I wish he had remained foreign to me.

ABRAHAM HITCHIN sworn.

I am brother to the last witness; I counted this money that was in this drawer the over night; there was in amount, in gold, silver and half-pence, ten guineas.

When you had counted the money and put it into the bag, and put it into the desk, what did you do? - I put the money into the desk, and locked the desk, and put the key into my pocket.

Did you ever take any of that money out again? - No.

Have you and your brother each a key? - Each of us.

Did you give that key to any body? - I kept it in my own pocket.

Had any other person but your brother and you a key? - None else.

Is it a good lock or is it a lock that any other key will open? - It is a tumbler lock; I took none neither that night nor the next day.

Mr. Knowlys. Your brother has an equal access to the money as yourself? - I never suffer any money to be taken out whatever.

Your brother has the command of the lock as much as you? - No Sir, I would not suffer my own brother to do it, for

what ever goods are bought, I commonly pay with a draft on my banker.

You do not understand the question, cannot your brother, having a key, go to the desk as well as you? - Without a doubt.

And you occasionally trust your servant with the key? - No.

Not to give change? - No Sir, we do not go to the desk for change, we go to the till; it happened that morning after I had breakfasted, I undid the desk to take out the book in which we enter the goods that are sold, and there had been no customer in that morning, and there was nobody in the shop, but my brother, after breakfast, till the prisoner came in.

But your brother has equal access as well as you? - Yes.

Had you given a draft to your brother for his share of that money which was in the bag? - No, Sir.

Was it your custom to give drafts of that sort? - That morning I had no bill due; I had bought no goods, so that I had no occasion to give a draft that morning.

Was it your constant custom to give your brother a draft for his share of the money in the desk? - No Sir, if we want money for our own private expences, we take out as much as we want by a draft on the banker.

Then if your brother wanted any money, you would have given him a draft on your banker? - Yes, if he wanted any.

Court. Had you taken any money out for any purpose? - No Sir, that I did not.

SARAH BURRIDGE sworn.

The prisoner came to our shop, on Saturday the 14th of April, and bought some meat; we keep a butcher's shop, in Newport-market.

Mr. Knowlys. You must not tell us any thing previous to the 18th of April, or whether you know any thing that happened a month after, when you sent for Mr. Hitchin to your shop? - It was from what happened on the 14th of April, that we sent to Mr. Hitchen; my husband went to Mr. Hitchen.

EDWARD BURRIDGE sworn.

The prisoner at the bar came to my shop on the 18th of April; my first knowledge of him was, on Saturday the 14th; he came and bought a piece of beef, or rather a slice more properly; it came to a shilling or fourteen-pence; he paid Mrs. Burridge for it, and during the time Mrs. Burridge was giving him change, I had reason to suspect him; and having that reason, I went to Mr. Hitchen, on the 18th; then he came again for something; after he left my shop, he went to Mr. Hitchen's immediately; I watched him into the shop; I saw him go in again; I staid till he came out; I saw him pat Mr. Hitchen on the back and come out of the shop, upon which I went in immediately; I asked Mr. Hitchen if he had changed any money for that gentleman; I asked him if he had touched him; and he said, yes; he seemed very much surprised, and asked the reason why; he asked if he was possessed with the plague or any infectious disorder; I asked him if he had touched the money; he said, yes, he had; I desired him then to count the money.

Did he tell you before he counted the money, how much there ought to be in the bag? - No, he did not; he counted it, and said, there were three guineas short; he said, there were to the amount of ten guineas in gold, silver, and halfpence, in the bag when he gave him change, and that then there were but seven, and that therefore, he had robbed him of three guineas.

Did you see the money counted? - No, I thought he would come to him again; he told me he thought not; I said, I dare say he will come to my shop again; accordingly he desired me, if he did, to let him know; the prisoner came to my shop on Tuesday, the 15th of May, and Mrs. Burridge told me, he wanted some veal cutlets; I took down the veal to cut the cutlets; during the time the cutlets were cutting, he

said, veal cutlets, in English; and during this time, Mrs. Burridge sent one of my servants to call Mr. Hitchin; he came; the prisoner was then in my shop; the moment he saw Mr. Hitchin, he immediately wanted to shake hands with him; Mr. Hitchin said, do you think I will shake hands with a man that has robbed me? or something to that purpose; Mrs. Burridge then gave him to understand, Mr. Hitchin was the gentleman that he had taken three guineas from; so without any hesitation at all, the prisoner put his hand in his pocket, took out three guineas, and laid them on the block, and said, you take your three guineas and let me be gone; you be very good gentleman; he wanted to be gone out of the shop, and Mr. Hitchin pulled him back, saying, he would deal with him another way, according to law.

Mr. Knowlys. Mr. Hitchins stated you to us, as his very worthy and much esteemed friend; now I find that when you went over the way, you communicated your suspicions to him? - I did.

Then there is no doubt that you had your suspicions at the time you saw the man go in? - I had.

You suffered him to stay with your worthy and much esteemed friend, and to do what you supposed he would do? - I could not reduce it to a certainty.

Now you see how much you deserve the title he has given you; when he came to your shop, the man offered to shake hands with him at once? - He did.

This man does not rightly understand English? - He pretended not.

He does not seem to understand English very well? - No, he does not.

An INTERPRETER sworn.

Have you any thing to say in your own defence?

Prisoner. I went to the butcher's shop for change for a guinea, and he gave me two half guineas, and I have been two or three times to buy some meat there, and the day I was taken, they told me something, but I could not understand a word they said, and the lady told me about three guineas, in French.

What did they say to you about three guineas? - They said something about three guineas, but I could not understand what they said.

Did Mrs. Burridge speak to you in French or English? - She spoke to me in French, but she only said, we, we.

Court to Mrs. Burridge. Did you explain to him that Mr. Hitchin was the man that he had robbed of three guineas? - I did.

You can speak French a little, could you speak enough in French to explain that? - He made a great many emotions, and offered it him again; then I said, why do you offer that three guineas? says he, he says, I owe him three guineas; says I, he says no such a thing.

Jury. Did you speak to him in French? - I did.

Did he understand you? - I am sure he did; he eat paper for madness; he put me in a great tremble for fear he had pistols; I asked him, why he tendered him the three guineas; he said, because he understood he owed him three guineas.

Court. Did you explain it to him? - I said, he was the man that had lost three guineas, and that he must have it.

CHEVALIER GUARINI sworn.

How long have you known the prisoner at the bar? - Between three and four months.

How long have you been in England? - Seven months.

How long has the prisoner been in England? - About three months.

What character does he deserve from you, for honesty? - He has been at my house, and I always found him very kind, civil, and honest.

What is the prisoner's profession, or what does he follow? - He has a good deal of money, but I do not know his profession.

Do you know his family? - I know in Florence there is such a family.

DOCTOR VESTRIS sworn.

How long have you known the prisoner? - I have known him in France, and here.

For what time? - I knew him about a year and half ago, in France, and about two months here.

During that time, what has been his character for honesty? - I always knew him for an honest man and a gentleman.

What was his profession in France? - My business in France would not permit me to go and enquire about him, but there is a singer in the Opera House, that can give you a better account of his family than me.

SIG. MOLINI sworn.

I keep an Italian warehouse, in Mount-street; I have known the prisoner five weeks; I do not know how long he has been in England; he has bought several times, goods of me; he has paid me very honourably; I believe he is a very honest man.

Do you know what business he follows? - I do not; but he could not understand one word of English.

Do you know any thing of his family? - I do not, but I have heard there is such a family in Florence; a very creditable family.

WILLIAM GARVOCK sworn.

I am a boot and shoe-maker, the corner of Saint Martin's-street; have known the prisoner; he lodged with me six weeks; he came to me as a gentleman; and he behaved as a gentleman, and he paid me as a gentleman.

You believe him to be an honest man? - I never saw any thing to the contrary.

Had he a wife and family at your house? - He had.

Court. What business was he? - That I cannot say; he lodged with me till the time he was taken up; as to his talking of English, the best word I could hear him say, was, ver good, ver good.

SIG. JOSEPH CARDINI sworn.

I am a courier; I came here express from Florence; I have known the prisoner ever since I have been in London, about a month and a half; I have seen him in different places, and he always behaved as a gentleman; I do not know him particularly, but I know there is such a family, a very good family; I know one of the name that is a physician.

Jury. Are his supposed relations people of fortune? - Yes.

SIG. DELPINI sworn.

I believe the first time I have known the prisoner, was immediately upon his arrival in England.

What do you know of his character? - I understood he was a good character; I have had conversation with him some long time; he is very worthy, very honest; I go to dine some times at the house; I understood him to be a merchant in Florence and of exceeding good character.

Did he bear a good character? - By G - d, yes.

MAD. SWAFFEY sworn.

I am wife of Mr. Swaffey, the hairdresser to her Majesty; he would have come but he is busy; I have known the prisoner ever since he has been in England, that is about four months; he used to come to our house every day, and I am sure there is plenty of property at our house; and if he had been inclined to steal any thing, he might; I have three or four watches; and my husband two; and plenty of diamonds and other rings; you may enquire my husband's character and mine.

What character has the prisoner? - A very good character; I left him in my house, and once or twice there were three or four Bank notes; my husband is with the Queen now; he has belonged to the Queen these fifteen years; he has dressed her Majesty so

long; any body may come to our house and see what property we have; there are plenty of watches and diamonds, and they are not locked up.

How came you to know him? - He being an Italian; my husband is an Italian; I believe there are some people that come from Florence, and that he has people in his family that deal in silk; I understand he came on purpose to trade, because he said he would go to Birmingham; his wife had a great deal of money when he married her; he has a child, and his wife is big with child; very genteel people; I was very much surprised, but he is a poor foreigner; I believe he did not understand a word of English when he came to our house; I was obliged to write a note for him.

Mr. Knowlys. I have more witnesses, but I will not trouble the Court with them.

Court to Abraham Hitchin . Do you know the exact amount of the different coins in gold, silver, and half-pence, that were put into the bag over night? - No Sir, I cannot say I do.

Can you tell with any degree of exactness? - I cannot.

How many guineas were there? - I cannot say.

How much silver was there? - I cannot say; I said to my brother that evening, cast up the book and I will cast up the till; and I can say, I cast it up four different times; and I remember in casting it up, I laughed with my brother, that it should come exactly to ten guineas; I fancy there might be about five or six guineas.

Court to Isaac Hitchin . How many guineas were there? - I cannot ascertain to a nicety how many guineas there were, but I believe I may say with great truth, there were about three shillings worth of half-pence.

How much silver? - I cannot say exactly how much silver; there were guineas and half guineas.

But what number of guineas? - I did not tell them.

How many guineas were there in when you counted them afterwards? - I was not so particular to set down how many guineas there were then, but there were seven guineas in amount.

Court to Abraham. At the time that you counted it and wanted to bring it to a total, did not you set down how much gold, how much silver, and how much half-pence? - No Sir, I counted gold, silver, and half-pence; I counted it all together; I did not take any particular account to put it down separate; if I had money here to any amount, I could tell it without counting it off, and there is a lady in this Court that I served my apprenticeship with, that can say with propriety, that she never knew me to err in my life.

But supposing you had money to count that consisted in guineas, silver, and half-pence, would you begin first with the half-pence? - I commonly count up the half-pence first.

Jury. Then I suppose you can tell how many guineas there were? - I cannot take upon me to say how many guineas, not how many half guineas.

NOT GUILTY .

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

Reference Number: t17870523-39

487. GRIFFIN THOMAS and WILLIAM ROBERTS were indicted, for that they, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 25th day of April last, with force and arms, in and upon one William Parker , in the peace of God and our Lord the King then being, feloniously, wilfully, and of their malice aforethought, did make an assault, and that the said Griffin Thomas , with both his hands and feet, did throw him to the ground, and he so on the ground laying, on, in and upon his head, stomach, back, belly and sides, feloniously did strike, beat and kick, giving him as well by the casting and throwing, as by the kicking several mortal bruises, of which

he languished till the 3d of May, and languishing did live, on which said 3d day of May, the said William Parker of the said mortal bruises aforesaid died; and that the said William Roberts , then and there, feloniously, wilfully, and of your malice aforesaid, was then present, aiding, abetting, comforting, and assisting him, the said William Thomas , to do and commit the said murder .

They were also charged on the Coroner's inquisition, with killing and slaying the said William Parker .

(The witnesses examined separate.)

An INTERPRETER sworn.

ANN PARKER sworn.

I was the wife of the deceased; on the 25th of April, I went to the Three Compasses for my husband; between nine and ten in the evening; he had not been there long.

How long might he have been there? - I cannot say; a neighbour called for him, and I went to fetch him home; and he said he would come immediately; upon that I left the house; about two doors off, the two prisoners stopped me; the prisoner Thomas put his hand round me; they came after me; then Thomas put his hands round my waist and quite confined me; I called out, and my husband came out; the other man was with him at that time; they were close together; the other man did nothing till my husband came; upon my husband coming they unloosed me, and Thomas and Roberts immediately struck my husband as soon as ever he came up; Thomas was the first that struck him; he struck him a violent blow on each side of his face; he had a sad black eye and his jaw was broke; they gave him more blows than one.

Did he return any of the blows? - He could not, I caught hold of my husband.

Are you sure he did not return any blows at all? - Not to my knowledge.

What was the immediate effect of the blows on your husband, did he fall? - That I cannot say; I run away and called White; he did not fall while I staid, I was gone but a very short time; White run directly, and when White was coming up the men run away, and when I saw them again, they were at the Red Lyon door; that was not above five minutes after; I am sure these are the very men that so accosted my husband; I did not know them, nor I never heard from him that he knew them; my husband was taken to Mr. Oldroyd's; he continued ill till he died.

When did he die? - On the Thursday, the 3d of May.

Was he in good health before this? - In very good health.

How long before his death did he apprehend he was dying? - On the Tuesday the 1st of May, he told me he had got his death blow, and that if he died, he hoped I would see justice done.

After that time that he declared he was sensible he was dying, did he give you any account of what passed at this time? - No, he did not.

Prisoner's Counsel. You do not know whether he struck the prisoners or not? - I cannot tell; I should think he did not.

Court. Did you hear this Joseph Holt examined before the Coroner? - No Sir, I did not; we were examined apart.

Had Holt's deposition been read over to you by the Coroner? - No, the Coroner asked me the question.

CHARLES OLDROYD sworn.

I am a surgeon; I live in Red-Lion-street, Clerkenwell.

Was this poor man brought to your house after he had received the injury? - He came to me about eleven in the evening on the 25th of April; his jaw was luxated and broke; it was dislocated and broke; I reduced his jaw, and immediately he was in a violent hurry and in high spirits; he jumped up and wanted to run out; stop, says I, you must have something to rub your face for your teeth are loose; he said, they were so before; he said he was perfectly

easy; and, to make use of his own expression, he said he could crack a brick; I then was to see him the next morning, and as he did not call on me before I went out, I called at his house, and he was out; on the Friday morning I called again upon him, and he was out likewise; on the Friday in the afternoon I saw him, and his face was very much swelled on both sides; on the Saturday evening I called upon him, and found him at home, he said he was much better, and his face easier, but that he had some little pain in his side, which when he coughed, it gave him much pain; I asked him if he had had any blow or kick, or fall against any thing.

By that you meant any blow on the side I suppose? - Yes; he answered, I had no blows but on my face, nor any fall by which my side was hurt, for I only staggered against the house; he went further, he said he had had a pain in his side sometime; I sent him an emulsion for his cough, and he seemed better the next morning, though he had a restless night.

Had he a considerable degree of cough at that time? - No, by no means violent.

You understand he had a restless night? - Yes; on the Monday I saw him again, and he was feverish; I think it was the first time I observed any fever.

State a little particularly what he complained of on the Monday morning? - Nothing but his side, he complained of nothing else; he made no complaint of his face at all; on the Monday in the afternoon, his pain of his side increased so much, that he was bled on Tuesday morning; Doctor Hugh Smith of Hatton-garden was sent for to see him, they had sent for me, and let me know that he would attend there at three o'clock, I endeavoured to meet him, but could not; I saw the deceased a little after three; between three and four I went down to see him, and bound up his face, and he pulled off the bandages and plaisters two or three different times that afternoon; he was delirious in the evening.

Was he then capable of giving any account of his complaints? - Not that afternoon; on Wednesday morning between ten and eleven, I was called to see him, and was told he had had a very bad night, and I found him exceedingly delirious, and he would not suffer me to touch his face; Doctor Smith was expected to see him again in the morning, and I desired them to continue the medicines, and take care of him till I saw him again, and I saw him no more; about twelve o'clock on Wednesday, I had a message sent me, that I need not trouble myself to attend any more; he died the next day.

Court. You saw this man for a week, from the time of the accident? - Yes.

From your judgement of the progress of his complaint, and from what you saw when you last saw him, what was the cause of his death? - There seemed to be two complaints, an original one, and the accident; but the accident was of such a nature, that I hardly think it could occasion his death.

Was that original complaint, in your opinion, independant of the accident? - There seemed to be an original complaint, independant of the accident; the pain in the side appeared to be inflammatory, there was no fracture on the head, and I scarcely think the fracture of the jaw could occasion his death; so long as he complained of the pain in his jaw, he never had the least fever.

Jury. You say, before this accident, this man had a pain in his side? - So he told me.

Had he not been beat about the head as he was, do you think that pain of his side would have brought on the fever? - It certainly would, I think the fever was more likely to be occasioned by the pain in the side, than by the broken jaw; I just saw the man after death, he was not opened.

You did not observe any external appearance on the side after death? - There was none; I observed that twenty-four hours after he had been dead, that the part where the inflammation was, was extremely warm, and no other part.

What reason do you give for that? - The violent inflammation of the part.

Why did not you open him? - There was an objection made on the part of the wife, and not a strong requisition on the part of the Coroner.

BENJ. HOLLINGSWORTH sworn.

I am a surgeon; on Monday the 27th, I attended the deceased by the desire of the master to one of the prisoners at the bar; I went down on the Monday about one in the afternoon, and saw the deceased at his own door, either loading or unloading his horse, his wife was with him; he had his head bound up, and the man and his wife knowing me, I said, I wished to speak to them, they asked me in doors; I told them I came at the desire of the master of one of the young men; he told me he had had his jaw broke, and that Mr. Oldroyd had set it for him; I asked him if he had had any other blow, or was hurt any where else? he told me no; I told him, I dared to say he would soon be the better of his broken jaw, and I wished him to call on the master of the man, and he would make him satisfaction for the injury; he told me he would; about seven or eight that evening, the deceased came to my house, he told me he had been to the gentleman according to his promise, but that they were born out; that the men in the shop behaved very impertinently to him, and that he should not call again; if they had a mind to settle it, he should leave it with Mr. Hall, whom he knew I knew; I did notice him afterwards; I examined his jaw, and having asked him if he received any other blow, I was then satisfied.

Did it appear to be of a dangerous nature at that time? - Not at all.

Mr. Garrow. He did not complain to you of a pain in his side? - No, Sir.

Court. I believe that accidents of the jaw very rarely prove dangerous? - I never knew any body to die of it in my life.

Mr. Garrow. What habit was he in? - A pretty good habit; he made rather free; I never attended him.

DANIEL SMITH sworn.

On Wednesday the 2d of May, I attended the deceased, and found him in a high fever, and delirious, and his jaw fractured; no dressing, nor any thing of the kind on it, which they told me he had taken off in the night in his delirium; I bled him, and saw him again in the afternoon, I did not find him better; the next morning I saw him again, he had a very bad night, he had no sleep, I repeated the bleeding, the next night he died; he was never in his senses, it was necessary for three or four people to sit on the side of the bed, I heard nothing from him; I saw him after death, when Mr. Oldroyd made the observation on his side; the man certainly died of a fever, but whether it proceeded from the injury he received from the prisoners, I cannot say.

Taking it to be true that this man had complained for some time of a pain in his side, which had increased considerably, should you rather have treated it as proceeding from the pain in the side, or from the fracture? - From the pain in the side, I agreed with Mr. Oldroyd.

Mr. Garrow. I beg to go further for the sake of the prisoners; your Lordship knows there is another way of proceeding, which is by appeal, which will be pursued.

Court to Smith. You could not form a judgement what occasioned the fever, from your own observation? - No, Sir.

Now supposing the fact to be as stated, that the fever did not come on till the inflammation of the jaw had greatly subsided, and that previous to the coming on of the fever, the man had complained of a pain in his side, which he had had some time; under these circumstances, was it most likely the fever should be occasioned by the pain in the side, or by some other subsisting cause? - The deceased had been guilty, as I understand, of some irregularity, such as walking abroad, and eating and drinking, which might have contributed with the bruises.

But when a fever arises by an accident from exernal injury, whether the inflammation

attending that injury, is not the cause that produces that fever? - No doubt of it.

Then if the inflammation fails to produce a fever when it is at it's heighth, does it usually come on when it is subsided? - Very seldom; if any cause tends to bring on, and renew that second inflammation, it may be as likely to introduce a fever as the first.

But is the fever produced without the introduction of the inflammation? - No, certainly not; my judgement is the same as Mr. Oldroyd's.

SAMUEL WHITE sworn.

Was you present at the time of the accident? - Not at the beginning; I was drinking with Mr. Parker at the Three Compasses, Cow-cross , when his wife came for him; she came and said a person wanted him, he said he would come directly, and in the space of half a minute, Mr. Parker ran out; and in the space of a minute, I heard Mrs. Parker call me, and I ran out; I saw Griffin Thomas kick William Parker on the left side, Parker was staggering against the wall, reeling like; I pursued after the men, they made their escape as soon as possible, and I caught them the corner of Benjamin-street, and secured them.

Councel for the prosecution. You saw him very plain? - Yes.

And you have always said so? - I have always said so.

Now I will read your deposition before the Coroner.

"But deponent cannot be positive whether

"they struck the deceased when this

"deponent and these men came up with

"Parker, but the short man kicked at

"Parker; but this deponent cannot tell

"whether he kicked the said Parker." - I said the same as I did then; I said then on the left side.

Do you mean to swear that? - I said before the Jury, that I saw him kick him, but whether he had received any damage, I told them I could not tell.

Court. Ask him whether he put his mark to that paper? - Yes, my Lord, I did.

Was you examined upon oath before the Coroner? - Yes.

Mr. Newman. He was asked that question over and over again, I was present, whether he saw the deceased actually kicked or not.

(The deposition read.)

" Samuel White , of Sharp's-alley,

"Cow-cross, bricklayer, maketh oath,

"that he went with Daniel Smith, to

"the assistance of William Parker ; that

"he went at the same time with Daniel

"Smith; that he ran down Cow-cross

"with Parker, and assisted in taking the

"two men; and says, he, this deponent,

"cannot be positive whether they struck

"the deceased, when this deponent and

"the said Smith saw them; but the

"shortest of the men kicked at Parker;

"but the deponent cannot tell whether he

"kicked Parker, he being then staggering

"or rolling against the wall."

WILLIAM BELDAM sworn.

I was not at the Three Compasses; I was coming up Peter-street, and I saw William Parker running on, and the two prisoners running before him; he was calling loudly for White; just as they got to him, he caught hold of Thomas's coat, and Thomas turned round, and struck him on the right side of the head; in the mean time, White and Smith came up to him, and the other prisoner tried to get him away; we took them into a public-house, the Red Lion, the corner of Benjamin-street, and they were taken to the watch-house, and from thence to Bridewell; I saw him strike him on the side of the face, after he laid hold of his coat; he had nothing in his hand.

DANIEL KING JOHNSON sworn.

I am a carpenter; I know the prisoner; I was going along Cow-cross, about half past nine, and I saw Mr. and Mrs. Parker

standing, and these two men standing with them, about two doors from the Compasses; when I first saw them, I saw Mrs. Parker lay hold of Mr. Parker's arm, and I saw the prisoner Thomas strike Mr. Parker twice on each side of his face; that was the first thing that I saw; I did not see quite the beginning of it; I did not see whether Parker had struck before that or not; I heard Parker call White; then directly I saw White come, as if he came from the Compasses, and directly after that, Thomas ran away towards Turnmill-street; we pursued him, and stopped him the corner of Benjamin-street, and there was a little bit of a scuffle ensued; White pushed him into a public-house, the sign of the Red Lion, the corner of Benjamin-street; then Roberts come up, and laid hold of Thomas's collar, to rescue him; I said, you are one of them, and pushed him into the house, and they were both taken to the watch-house; then they were committed to New Prison, and I went to Mr. Oldroyd's with the deceased.

You was not before the Coroner? - No.

DANIEL SMITH sworn.

I am a lamp-lighter, or a butcher, or any thing; I have been a butcher; I followed White out of the Compasses; I immediately ran after the man, and I saw the prisoner strike at the deceased, but whether he hit him or not I cannot say; then they were secured.

SUSANNAH PARKER sworn.

I was mother to this poor man; I came on the Sunday, which was the 29th of April; when I asked for him, they told me he was very bad up stairs; I attended him to the time he died; I found him laying on the bed; I asked him how he did; he said he had been used very ill by two men, and his jaw-bone was broke all to pieces, and a violent kick he had received on his side, under the short ribs, and he complained of it very much, which occasioned a great spitting; I had not seen him for a month before; I never heard him complain of a pain in his side; he said on the Monday he was a dead man; he said he was kicked by these two men, which was the occasion of his death, and if he died, he hoped they would have the justice of the law.

He was perfectly in his senses? - Yes, he said so not ten minutes before his death; he bore it with a great deal of patience.

Not at all light-headed? - No, he might at times.

Was he at all delirious? - Not at all; he did not say any thing but what was sensible; I looked upon him not to be out of his senses.

Did you tell any body of this, what he said about the kick? - I told Mr. Oldroyd he complained of a pain of the side; I was sent for to him about a quarter of an hour before he died.

How came you not to be examined before the Coroner? - I do not know.

Had not you a child died of a fever in the house? - There was no child, nor nobody died in the house, to my knowledge; I have no child, the child is living now.

Jury. Do you know whether he did not tear off some bandages from his jaws in the night? - No, Sir, he did not pull them off; they came off, by his moving himself in the night; I said that he pulled them off; I do not wish to take their lives away, nor any thing but justice.

Do you say, that he was not, for a considerable part of this illness, delirious? - He was not; every person that came in, when they asked him who they were, he told their names directly, for which I look upon him not to be out of his senses.

WILLIAM BIGSBY sworn.

I attended this man in his illness.

Did you hear him, at any time when he was sensible, say any thing about this? - Yes, I did; I sat up with him; he said he was in great agony, both with his jaw and his side; that he was dreadfully bad in his side; he died on the Thursday night;

it was the day before he died I was with him; I read to him before he died; but that night of the second of May I was with him all night; I was not with him before that night before he died.

Was he in his senses? - I believe he was, as much as I am.

Was he raving about that time, or a little before it, or after it? - No, he was not; he said he had a great agony in his jaw and his side; and says he, if I should die, and I am not sure I shall live, I believe I have been murdered by these men, and I hope that justice will be done me.

Have you any doubt that he was out of his senses? - I do not think he was out of his senses only two or three hours before he died.

Court. He was not? - No, he was not, and I read to him.

Court. Then it is not true, that he was so much out of his senses, and so delirious, as to have three or four men at his bedside to attend him? - Sir, he was not out senses, though there were so many with him, because he wanted to go down stairs.

- WILTSHIRE sworn.

I attended this man after he was ill.

Was you one of them that held him down in bed? - Yes.

What was your reason for being there? - He was a man that had been used to go out, and he wanted to go out.

Did not you think he was foolish for that; did not you think he was out of his senses? - No, I did not think he was.

Do you mean to say he was in his sober cool senses? - Yes.

WILLIAM PARKER sworn.

On Wednesday, the 25th of April, I went into the Three Compasses, Cow-cross , about a quarter past nine in the evening, William Parker , the deceased, came in, and his wife came in and called for him, and he said he would come directly; she went away a little distance from the house; she said, Bill, Bill, come out; he went out directly; he had not been out but a little time, before she came back again and called, Sam White, Sam White; he went out, and I after him; we ran after the men, and overtook them by the Red Lion door; I saw nothing pass from the prisoner to the deceased.

Joseph Holt called upon his recognizance, but did not appear.

Court. Gentlemen of the Jury, from the course this prosecution has taken, rather than from any thing in the evidence that has been given, I think it necessary to take up a little more of your time in stating distinctly to you the substance and effect of that evidence; because it is highly necessary and proper, in this case, that whatever verdict you think fit to give should be satisfactory to the public, though there is no great reason to expect that it will be satisfactory to the parties concerned in this prosecution; and I am sorry to be obliged to make some observations on that part of the evidence, in a prosecution where it is carried on by a wife, for whose feelings great allowance should be made; but there appears to be a degree of zeal, that after making all the allowances that ought to be made for the feelings of a wife on this occasion, seems to go a little beyond a zeal for justice; for it is impossible but to observe, that not a single syllable has ever been said at any time, or by any witness, till after the evidence of the surgeons was read, that the complaint of the deceased's side was the probable cause of his death; in all the depositions, not a single word or hint was given, that this man ever received any violence on his side; so that the idea of his having received a kick on his side is clearly adopted (whether true or false, you are to judge) but it is clearly adopted and brought forward, after the surgeons had been examined before the Coroner, and had declared their opinions, similar to that which they have declared now; unquestionably, therefore, in such a situation, and under such circumstances, you are to receive such evidence with extreme caution indeed; for it is extremely

singular, that when the impression is strongest on the witness, that not one syllable should be suggested of that nature, till they found it material; then under all these circumstances, and with all this caution, there is but one witness that has brought himself to venture to swear that he saw or knew of any violence done by these men on his side, that is Samuel White , he having heard what passed before the Coroner, for he was examined as a witness there; he having heard the distinct evidence given by the surgeons, he now, for the first time, swears that he saw the prisoner Thomas kick the deceased on the side; if that fact be true, there is a strong probability that that kick was the cause of his death; but it not only comes out in this very suspicious manner, but with this further circumstance, that the very witness that swears to it now, did not swear to it before the Coroner, but on the contrary, swore that he did not know any such thing; he swore to his kicking at him, whether at his legs or his side he did not know; he was repeatedly asked, before the Coroner, whether he had or no; he said he did not know; therefore not much credit is to be given to that part of his testimony; then that is attempted to be confirmed by declarations of the deceased; and I am extremely sorry to say, that the evidence of the mother is directly, fully, and pointedly contradicted, not only by the evidence of the two gentlemen, Oldroyd and Smith; but what is still more, this woman has ventured to swear that this man was never out of his senses, from the time she saw him to his death, though both the surgeons have positively sworn that he was delirious in a high degree; and though the fact sworn is beyond a possibility of doubt, because, it is impossible to assign a reason to common sense, why a man in that rank of life should have four men called in to attend him in his illness, unless he was in a high delirium; therefore the evidence of the mother cannot be true; she has sworn he was sensible to the last, and has added to the declarations and confirmed the testimony of White, by saying that he declared that he had had a kick in the side; Oldroyd distinctly swore he put the question to him, and that he repeatedly told him that he had not, and that it was an old complaint; so that to be sure, unless you disbelieve the evidence of the other witnesses, it is impossible that you can believe the evidence of the mother to be true.

BOTH NOT GUILTY .

Both not guilty on the Coroner's Inquisition.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-40

488. JOHN BURN was indicted for stealing, on the 26th of April last, one wooden cask, value 6 d. and 100 lb. weight of Belvidere raisins, value 20 s. the property of John Butler .

JOHN BUTLER sworn.

I am a merchant's watchman , on the Keys; I had on the 26th of April, the care of a quantity of Belvidere raisins in a cask; there were hurdles about them; they were at the bottom of Fresh Wharf gate-way ; if any of the goods are lost, I am answerable for them; they were missing on a Thursday; they were taken by the prisoner, as my man told me.

JOHN HAGGAT sworn.

In the morning as soon as I came down, John Frere , the constable, asked me if I lost any thing; upon looking, I missed a cask of raisins; I watched all night, and at seven in the evening, he was set to watch; he watches all night; a quarter before four, Frere spoke to me; I never left the place at all, nor never slept; I take it, they came and took them off the Key by water; the water makes such a noise it is impossible to hear them come.

(The cask produced, marked with a round O on the head and the side of the cask, and deposed to.)

JAMES GREENWOOD sworn.

I am a watchman in the street; about four o'clock, the prisoner was coming up the gate-way with a sack on his back; I stopped him and asked him what he had got; he said, take it; and ran away.

What was in the sack? - Nothing but raisins; I called out stop thief; (there was 100 lb. weight) he was taken to the watch-house; he had on a blue jacket and trowsers and a round hat.

The patrol saw the watchman with the prisoner, and assisted in securing him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-41

489. JOHN SMALL and ISAAC FARMER were indicted for stealing, on the 5th day of May last, one oval looking-glass, in a gilt frame, value 5 s. the property of John Russell .

WILLIAM HALL sworn.

I am clerk to Mr. Russel, broker ; the corner of Old Bethlem, in Moorfields ; those two prisoners where seen lurking about the door; I only prove the property, Mr. Russell being out of town.

RICHARD TOMKEYS sworn.

I am apprentice to Mr. Russell; I was at the further end of the shop, the corner of Bethlem wall; I saw the two boy s, the prisoners, in the shop, particularly Farmer; I saw him take the glass off a side-board in the shop; the other stood on the threshold of the shop door; it was an oval looking-glass, in a gilt frame; I saw them both run; I followed them and took Small, and the little one turned back and run away; I followed him and took him also after he dropped the glass, which I saw him drop.

ROBERT SEDGWICK sworn.

I am constable; I took charge of the prisoners.

(Produced the glass which was deposed to by Mr. Hall.)

There is the shop mark on it with my own hand writing.

BOTH GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-42

490. JOHN MULFORD was indicted for stealing on the 20th day of May , a quart pot, value 10 d. and a pint pot, value 6 d. the property of Samuel Sayer .

The pint pot was found in the prisoner's pocket.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-43

491. MARY JONES was indicted for stealing, on the 25th day of May , a pint pot, value 10 d. the property of John Langhorne .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-44

492. JAMES WRIGHT was indicted for stealing, on the 8th day of May , two linen sheets, value 2 s. 6 d. the property of Edward West .

The prisoner lodged at the prosecutor's one night, and the next morning the prosecutor took the sheets upon him.

Prisoner. My speech is very bad; I am sorry I did it.

GUILTY.

Recommended by the prosecutor .

Privately whipped and discharged.

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-45

493. JOHN DAWSON was indicted for stealing, on the 25th of April last, one silver watch, value 20 s. a seal, value 1 d. a hook, value 2 d. a key, value 1 d. the property of Hannah Edmonds , widow .

(The witnesses examined apart.)

HANNAH EDMONDS sworn.

I lost a watch on a Tuesday, about a month ago; the prisoner lodged with me; he stood at the door; he went in, and I missed my watch; he ran, and I ran after him; he was brought back; I cried bitterly; I said, John, you know how I am distressed, tell me where it is, I do not want to hurt you; so he put his hand upon me, and said, Mrs. Edmonds, I will go and tell them where it is, and he took some of the people to shew them. The watch lay at the top of my drawers, and he knew it.

JOB GREEN sworn.

I took the prisoner and found the watch.

Thomas Walton produced the watch.

PRISONER's DEFENCE.

This is a malicious prosecution carried on against me by my father-in-law, in hopes to receive a property which I should receive in a short time.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-46

494. JAMES COALS was indicted for burglariously breaking and entering the dwelling house of Thomas Nash , about the hour of four in the afternoon, on the 24th of April last, the said Thomas and others of his family there being, and stealing five silk handkerchiefs, value 20 s. his property .

Thomas Storey saw the prisoner push at the glass of the shop, but did not see him break it, and John Stranley pursued the prisoner and took the handkerchiefs out of his bosom.

GUILTY Of stealing .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-47

495. JOSEPH SAUL was indicted for stealing, on the 10th day of May , fourteen pair of mens leather shoes, value 28 s. three pair of women's leather shoes, value 4 s. 6 d. seven pair of children's leather shoes, value 7 s. and part of a linen sheet, value 6 d. the property of Samuel Schewell .

A second count, stating them to be the property of Giles East and others.

A third count, for stealing the goods as the property of the parish of St. Luke .

A fourth count, charging them to be the property of persons unknown.

WILLIAM HEWITSON sworn.

I stopped the prisoner with the shoes upon him.

PRISONER's DEFENCE.

A man hired me to carry them.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-48

496. JAMES KAIRNS was indicted for stealing, on the 30th of April last, two silver tea-spoons, value 3 s. the property of Daniel Dempsey .

The prisoner confessed taking the spoons; there was no promise made.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-49

497. MARY BRYAN and ELIZABETH MACLANE were indicted for stealing, on the 24th of April last, eight pounds weight of soap, value 3 s. the property of Margaret Taylor , widow .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-50

498. CATHERINE WEBB was indicted for stealing, on the 9th of May , two quart pewter pots, value 3 s. one pint pewter pot, value 12 d. the property of Richard Richards .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-51

499. SARAH PEMBLE was indicted for stealing, on the 18th of December last, one muslin neck handkerchief, value 1 s. the property of Samuel Sewell .

A second, third, and fourth counts, for stealing, at three other times, divers other things, his property.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-52

500. REBECCA WALTON was indicted for stealing, on the 6th of May , a quart pewter pot, value 16 d. the property of Henry Lock .

The prisoner was taken with the pot upon her.

GUILTY .

Privately whipped , and discharged.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-53

501. HANNAH OAKLEY was indicted for stealing, on the 3d day of May , a pint pewter pot, value 10 d. the property of Henry Lock .

The prisoner was taken with the pot upon her.

GUILTY .

Privately whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-54

502. WILLIAM SMITH was indicted for stealing, on the 11th of May , a linen handkerchief, value 1 s. the property of John Paulin .

The prosecutor felt somebody at his pocket; he turned round and saw the prisoner with his handkerchief in his hand; there was another person near who got away; the prisoner dropped the handkerchief, and said, he knew nothing about it.

The prisoner called one witness to his character, who said, he had been convicted before for the like offence.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-55

503. THOMAS RUDD was indicted for stealing, on the 5th day of May , one pair of man's leather shoes, value 1 s. the property of Thomas Chapman .

The prisoner was a dust-man ; the shoes were missed and found in the cart; he was taking out the dust; the maid servant went down to get a light; the shoes were then laying behind the street door, and when she returned they were gone.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-56

505. MARY DAWSON, alias BRAY , and SARAH GRAHAM were indicted for stealing, on the 30th day of April last, one leather purse, value 1 d. one guinea, one half guinea, and one farthing , the property of Edward Holt .

EDWARD HOLT sworn.

On the 30th of April, I came from Hounslow to buy me some clothes, and coming along Fleet-market, a man recommended me to a bed in George-alley ; and Mary Dawson opened the door, and Sarah Graham lighted me to bed, and she said, if I would give her a shilling, I should have to do with her; and while we were upon the bed, I heard somebody coming up stairs, and she put her hand in my pocket and took my purse out and gave it to the other; Graham took it; they ran down stairs and I followed them; they were taken in George-alley in another house; I am sure these are the women; I was as sober, as I am now; I had been with nobody before, only drinking some beer with a shop-mate; they offered me my money.

JAMES LOGGITT sworn.

I took charge of the prisoners; they denied they had received any money but half a guinea; they said that he had no more.

Prisoners. We are innocent.

BOTH GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-57

506. ANN WOOD was indicted for stealing, on the 4th of May , two metal candlesticks, value 2 s. the property of Christopher Dix .

GUILTY .

Privately whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-58

507. JONATHAN TUCKER and THOMAS GEARY were indicted for stealing, on the 25th of April , one linen handkerchief, value 10 d. the property of Francis Hasswell .

The handkerchief was found in the bottom of the prisoner Tucker's hat, and David Lewis saw the prisoner Geary take it out of the prosecutor's pocket.

BOTH GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-59

508. WILLIAM FINCHAM was indicted for feloniously breaking and entering the dwelling-house of John Stephens , between the hours of ten and eleven in the forenoon, on the 7th of May , the said James and others of his family then being therein, and feloniously stealing a wooden bedstead, value 10 s. a wooden chest, value 7 s. a wooden table, value 3 s. one wooden bottom chair, value 12 d. a clothes horse, value 12 d. a brass warming-pan, value 7 s. two washing-tubs, value 2 s. one nest of drawers, value 3 s. a tin kittle, value 12 d. a black earthenware tea-pot, value 12 d. the property of John Fincham .

JOHN FINCHAM sworn.

I did live at No. 21, Maiden-lane, Covent-garden , where I lived five years in the Staffordshire ware and glass-business ; I am now a prisoner in the Fleet; when I found myself in debt, I went down to Staffordshire to get a letter of licence; about a twelvemonth ago, being arrested, I knew I must go to prison; the prisoner, who is my brother, applied to me to get him a place; said I, William, you are fit for no place but a porter's place, you are no schollar; he said, as you are going to prison you must have somebody to take care of your business, and he offered himself for three shillings a week and his board, and his lodging; his wife was to go to service, and his child was to go with her; but being disappointed, she wanted a place to put her goods in; I hired a place at fifteen pounds a year, of Mr. Stephens; and there being three rooms on a floor, I let the prisoner the back room to put his goods in, and to lay there till she got a place; his wife and child have laid upon me at great expences for seven months, and he had six pounds in money; what he has asked for; I went to prison, and the prisoner has lately taken away my household goods from Bow-street, Govent-garden; he had not the use of them, and lately he insisted upon it they were his, and that he had bought them and paid for them; he removed his goods out of the room and took some of mine with him; after that, I brought an action of trover against him and another person that seized the goods; I thought he would return them, but he refused, and then they applied

to my attorney to settle it by arbitration, to which I had no objection, provided I could have my goods again; and pending the arbitration there was a lock put upon the door; I had a day rule, and the door was locked, and afterwards it was broke open; on Monday the 30th of April last, I was informed the prisoner had taken away my goods, and I got a day rule; I came and stopped some of them; then I had a padlock put upon the door, and they were locked up till the 7th of May.

Mr. Sheridan prisoner's Counsel. I do not find you feel the ties of nature very strong, but I hope you will feel those of truth; how often have you caused your brother to be arrested? - Never but this once.

Upon your oath, you never had him arrested but once? - Never.

Upon your oath, did you or did you not make a bill of sale for all this furniture? - I acknowledge I made a bill of sale, but he never had a bill of sale before in his hands.

NOT GUILTY .

Court. Let the prisoner have a copy of the indictment.

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

Reference Number: t17870523-60

509. ROWLAND HUGHES and THOMAS ENDEY were indicted for burglariously breaking and entering the dwelling-house of the Reverend John Glen King , on the 6th day of May , about nine in the night, with intent to steal his goods .

The stables that were broke open not adjoining to the dwelling house, the prisoners were BOTH ACQUITTED .

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

Reference Number: t17870523-61

510. MARY NASH was indicted for feloniously breaking and entering the dwelling-house of Owen Pearce , about the hour of nine in the forenoon, on the 26th day of April last, no person being therein, and feloniously stealing therein, a cotton bed quilt, value 20 s. three shirts, value 10 s. four pair of cotton stockings, value 2 s. one pair of callimanco slippers, value 3 s. a cloth cloak, value 2 s. and an iron key, value 1 d. his property .

ELIZABETH PEARCE sworn.

I am wife to Owen Pearce ; my husband was gone upon guard; my house was broke open about nine in the morning, on the 26th of April; there were people below stairs; the house belongs to John Lee , who lives in it; and we have lodgings in it; no person was in my lodging; I locked the door and had the key with me; when I returned, I found the door locked, but missed the things in the indictment; they are worth 2 l. when I returned, I met the prisoner on the two pair of stairs with a bundle in her apron; she asked me for some name, I told her to ask below stairs; I was a stranger in the house; I afterwards found two shirts at Mr. Lane's, a pawnbroker's in Drury-lane; they were my husband's.

ELIZABETH JEFFERIES sworn.

I live in the same house with the prisoner; she brought some things to me and said, her husband and she had had some words and desired them to be with me a little; and I gave her leave, and in about an hour afterwards, I heard the officer at the door and I gave them to him; that was the 25th of April.

GEORGE MEECHAM sworn.

Produced the things which were deposed to, which were some of them delivered to him by the prosecutrix and some of them he found at the prisoners lodgings.

The pawn-broker produced two shirts that were pledged by the prisoner.

EDWARD TREADWAY sworn.

I tried this key in the door of Mrs. Pearce's, and it both locked and unlocked

it; in the prisoner's apartments, I found a parcel of duplicates and a dozen more keys.

PRISONER's DEFENCE.

A woman asked me to pawn the shirts; I am innocent.

GUILTY.

But not of the burglary .

Transported for seven years .

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

Reference Number: t17870523-62

511. DANIEL DANKS was indicted for burglariously breaking and entering the dwelling-house of Elizabeth Stevenson , about the hour of twelve in the night, on the 18th day of April last, and burglariously stealing therein, two silver table spoons, value 20 s. eight silver tea-spoons, value 12 s. six pair of silk stockings, value 20 s. and two table-clothes, value 3 s. her property .

Elizabeth Stevenson called on her recognizance, and not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17870523-63

512. SARAH AUSTIN was indicted for burglariously and feloniously breaking and entering the dwelling-house of Cornelius Crawley , about the hour of one, on the first day of March last, and burglariously stealing therein a pair of cloth breeches, value 2 s. three linen caps, value 12 d. one apron, value 12 d. a pair of laced ruffles, value 12 d. a silver watch, value 40 s. the property of Thomas Thomas .

The witnesses being called, and not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17870523-64

513. JOHN PADMORE was indicted for stealing, on the 4th day of May , one blunderbuss, value 4 s. the property of John Lane .

Thomas Gillard saw the prisoner take the blunderbuss from the prosecutor's door; he was taken directly.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870523-65

514. REBECCA PORTER was indicted for stealing, on the 8th of May , six tanned calf-skins, value 20 s. the property of Edward Beal .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-66

515. JOHN YOUNG was indicted for stealing, on the 3d day of May , one wicker basket, value 6 d. and 300 fish, called herrings, value 15 s. the property of Richard Church and Richard Finch .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-67

516. THOMAS COZIER , ROBERT JOHNSON , and THOMAS EATON , were indicted for feloniously stealing, on the 27th day of April last, a hempen sack, value 4 d. an iron glass-cutter's tool, value 14 s. seven iron ship stove legs, value 7 s. one bick iron, value 5 s. one mandrill, made of iron and steel, value 5 s. and sixty-four pounds weight of old iron, value 4 s. the property of Samuel Foley .

The witnesses examined separate.

SAMUEL FOLEY sworn.

I am a smith ; on Friday the 27th day of April, I lost the things mentioned in the indictment, value about 38 s.; when I came to work in the morning, I found that black man, Johnson, in the shop; I went backwards and forwards out of the shop two or three times, I found him there still; in the afternoon he was gone, and some of the men had lost their tools; I saw the black there at nine in the evening, the next morning the shop was broke open; I found the black at Salt-petre-bank, up a pair of stairs, opposite the Black Lyon; we took him into custody, and went to Cozier's shop, and there I found my things; I did not see Eaton then.

JAMES WALKER sworn.

Confirmed the other evidence as to the shop being broke open, and the things gone; he went with the prosecutor to Cozier's shop, and saw the things found there; the prosecutor took up an axe, and said, he would forgive him if he would produce the glass-cutter's tool; and Cozier pointed to the place where it was; and when he had got it, he said, I will give you the severity of the law; he was taken into custody; before the justice, he said, he bought it at five in the morning for eight shillings; the black man said he did not break in.

(The things produced and deposed to.)

ROBERT DAWSON sworn.

I apprehended Cozier; he said, he bought the things of the black man, I had told him the black man was in custody; and when he saw the black man, he knew him again; Eaton came voluntarily to the office, the magistrates would not detain him; I was surprised to read this morning he was indicted, he has lived there three or four months.

Prisoner Johnson. I know nothing of it.

ROBERT JOHNSON , GUILTY .

Transported for seven years .

THOMAS CROZIER , THOMAS EATON

NOT GUILTY .

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

Reference Number: t17870523-68

517. THOMAS HOGAN was indicted for stealing, on the 23d day of March , a cloth great coat, value 5 s. the property of David Shehan .

The prosecutor's wife deposed she lent him the coat.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870523-69

518. ELIZABETH COXE and MARGARET NEALE were indicted for stealing, on the 8th day of May , a silk handkerchief, value 5 s. the property of Thomas Bowling .

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870523-70

519. JOHN LEAPER was indicted for stealing, on the 22d day of May , one hundred pounds weight of lead, value 12 s. belonging to Nicholas Francis Beckman , fixed to a certain building of his , against the statute.

(The witnesses examined apart.)

THOMAS CRAWLEY sworn.

I am a yearly servant to Mr. Beckman; about half past two on the Wednesday morning, I went out, and took a stick in my hand, and I saw the prisoner on the warehouse, in the gutter; I said to him, d - n your eyes, do not stir, I have got you; to which he said, d - n your eyes, you lye, you b - r; upon that I knocked him down, and he ran over upon a necessary, and my fellow servant John Law and me took him, and gave him to the patrol; the lead was missing, and thrown down on some waste ground; there were two pieces cut out of the gutter, and then the remaining part was lifted off; it was newly cut, and a knife found on the house; the garden belonged to another house; I

could get to the garden from the gutter with ease; I saw the lead compared, and it fitted the gutter; I never lost sight of the prisoner.

JOHN LAW sworn.

Confirmed the evidence of the last witness.

JAMES SADDLER sworn.

I took charge of the prisoner and the lead.

THOMAS CODEN sworn.

I am a plumber; I matched this lead; it corresponded; it weighed one hundred and four pounds.

PRISONER's DEFENCE.

I had been out a drinking.

The prisoner called three witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870523-71

520. EDWARD WRIGHT was indicted for stealing, on the 7th day of May , twenty-one pounds weight of boiled beef, value 10 s. the property of John Munns .

JOHN MUNNS sworn.

I live on the west side of Fleet-market ; on Monday, the 7th of May, about seven o'clock in the evening, the prisoner came into my shop; there were six or seven people in the shop; we have two counters, one on the right hand, and one on the left; there were two buttocks of beef, and two hams, on the left-hand counter; I saw him take the buttock of beef out of the dish; I pursued him, and he dropped the beef in the road, and he made to the foot-way, and I took him.

What is the value of the beef? - Twelve shillings.

MICHAEL BARNABY sworn.

I was going past the door when he came out of the door with the beef in his hand; I saw him drop the beef, and I saw him taken; I took the beef back to the shop.

PRISONER's DEFENCE.

I had been out of work some time, and almost starved, and had had a little beer, which made me more hungry than I was before.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-72

521. WILLIAM JENKINSON was indicted for stealing, on the 12th day of May , an iron gate, value 20 s. the property of David Gordon .

JOHN WOOD sworn.

I live with Mr. David Gordon , a brass-founder , No. 46, Lime-street ; on Saturday, the 12th of May, about a quarter before eight, I had taken off the gate; there are two gates, and two wooden doors, that shut up the yard to the house; I had hung them up against the wall in the yard; about a quarter before nine, two men brought the prisoner back to Mr. Gordon's, and rung the bell, and asked me if I had not lost a gate; I looked, and said I had; then, says they, we have got the man that had the gate on his back, in St. Mary Axe; I knew the gate as soon as I saw it at Guildhall.

- BROWN sworn.

I am a smith; I was coming out of a gentleman's house on Saturday week, and I saw the prisoner with a gate upon his back; I told Brough, that gate is stolen, and was Mr. Whitlack's gate, but now

Mr. Gordon's; Brough says, you are letting him go; I stopped him, and took the gate to Mr. Taylor's, and went to Mr. Gordon's, and asked if they had lost a gate; they said yes.

(The gate produced.)

I made the gate, and repaired the latch a week before.

JOHN BROUGH sworn.

I assisted Brown in taking the gate from the prisoner's back, and took the prisoner to Mr. Gordon's, in Lime-street.

PRISONER's DEFENCE.

I was employed by a gentleman to carry the gate to St. Mary Axe, and there they took me, and carried me to the compter.

Court to Brown. Did he say any thing to you, where he was going with the gate? - He said he was going with the gate to his master's, in Wingfield-street, to have it repaired.

GUILTY .

Whipped .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-73

522. JOHN WILLIAMS was indicted for stealing one silver table-spoon, value 8 s. the property of John Shank .

JOHN SHANK sworn.

On Wednesday, the 16th inst. I lost a silver spoon.

JEREMIAH MINGAR sworn.

I keep a pawn-broker's shop; the prisoner offered a silver spoon to sell in the afternoon, about four or five o'clock; the spoon was marked Langbourn-ward Coffee-house, which gave me a suspicion of it; I asked him if he kept that Coffee-house, and he said he kept it three months ago; there was a woman in the shop, who I begged to go up to the office, and fetch one of the runners.

(The spoon deposed to.)

PRISONER's DEFENCE.

I found the spoon on Tower-hill.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-74

523. WILLIAM HOWELL was indicted for stealing, on the 23d day of April last, one hempen sack, value 2 s. and four bushels of malt, value 15 s. the property of William Weatherly and John Norwood .

FRANCIS HARRIS sworn.

I saw the prisoner take this sack of malt from the warehouse of my master, on the 23d of April, between three and four; it was pitched on a sack of flour; I was laid in ambush; I took him with the malt on his back.

WILLIAM WEATHERLY sworn.

I heard my man call out stop thief; I saw the prisoner brought back with the sack of malt.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-75

524. JAMES CHILD , and THOMAS FREEMAN , were indicted for stealing, on the 11th day of May , one hundred horns of beasts, value 50 s. the property of Sarah Dean , widow , and John Dean .

There being no evidence to affect the prisoners, they were BOTH ACQUITTED .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17870523-76

525. SARAH DOUST, otherwise GARDNER , was indicted for stealing, on the 5th day of May , one flannel petticoat, value 1 s. a yard of bombazeen, value 18 d. a pair of sheets, value 3 s. an apron, value 2 s. three caps, value 4 s. a yard of ribbon, value 6 d. two smelling-bottles, value 6 d. a pillow, value 2 s. a pillow-bier, value 1 s. a bed-gown, value 1 s. a checque apron, value 6 d. and divers other things , the property of Catherine Hussey .

CATHERINE HUSSEY sworn.

I gave the prisoner a lodging till she could get into work, and when she left my room, I found my chest was stripped; she said she would put the things in the place again; she owned she took them; I never found them.

MARY FALKNER sworn.

The prosecutrix let the prisoner lay at the foot of her bed, and the things were missed; she said they should be all put in their places again.

PRISONER's DEFENCE.

Two people lodged in the same room besides myself; I was a servant fifteen years; I never committed a theft before.

GUILTY .

Six months imprisonment .

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

Reference Number: t17870523-77

526. ROSE GREEN was indicted for stealing, on the 26th day of April last, one linen gown, value 3 s. and one pair of stays, value 5 s. the property of Alice Mander , a coat, value 6 d. a sheet, value 6 d. a cap, value 3 d. and a shirt, value 3 d. the property of Hugh May .

NOT GUILTY .

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

Reference Number: t17870523-78

527. WILLIAM SINDFIELD was indicted for stealing two linen shirts, value 8 s. a pair of stuff breeches, value 6 s. one silk handkerchief, value 2 s. the property of John How .

The two shirts and the breeches were found at a pawn-broker's.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

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

Reference Number: t17870523-79

528. JOHN WATSON was indicted for stealing, on the 13th day of May , seven cloth coats, value 3 l. four cloth waistcoats, value 10 s. three pair of breeches, value 19 s. six pair of stockings, value 6 s. a cotton counterpane, value 2 s. and four shirts, value 10 s. the property of Anthony Burt .

ANTHONY BURT sworn.

I lost the things mentioned in the indictment, and others to the value of five pounds; I only swear to the property; I am sure the things were in the ship when I left her, locked up in a chest in the stateroom.

ANDREW LAWSON sworn.

I am a ship-cooper; the ship lay at Wapping Old-stairs ; on the 13th of May I went on shore for some provisions, between five and six; I returned on board, and found the prisoner on deck, and one of

the hatches off; he said he came from one of the apprentices for some things out of the ship, and produced a key, which was a false key, with which he had opened the lock of the hatch-way; I was going to lay hold of him, and he ran away, over three or four ships, and got to shore; he was brought back; when I went down into the steerage, I found the cabin-door open, and the captain's chest open, and the state-room door open; and underneath the hatchway I found this bundle of things; before the magistrate, he confessed he was persuaded, on the Sunday afternoon, with two others, to go on board a ship, and they opened the lock, and the other man wanted the prisoner to go down below, but the prisoner would not; then the man went below, and in half an hour he came back with this bundle of clothes, and left them in the hatch-way for the prisoner to take away; the two men went away in one boat, and left the prisoner with the other; and while he was waiting for an opportunity, I came on board; there were no promises made.

(The things deposed to.)

Prisoner. I know nothing about it.

GUILTY .

Transported for seven years .

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

Reference Number: t17870523-80

529. WILLIAM MILLINGTON and THOMAS MILLER were indicted for stealing, on the 9th of May , a silk waistcoat, value 9 s. a nankeen waistcoat, value 1 s. two shirts, value 2 s. a pair of breeches, value 2 s. a pair of stockings, value 1 s. a linen handkerchief, value 9 d. the property of John Knowles .

There being no evidence but the confession of the prisoner Millington, obtained under promises of favour, the prisoners were BOTH ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-81

530. JOHN BAKER was indicted for stealing, on the 21st day of May , one wicker basket, value 2 s. a hempen sack, value 12 d. and nine loaves of bread, value 4 s. the property of James Rogers .

The prisoner was taken with the basket on his shoulder which the prosecutor's man had set down.

GUILTY .

Whipped , and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-82

531. ALEXANDER RAMSEY was indicted for stealing, on the 4th day of April last, a cotton counterpane, value 14 s. two silk cloaks, value 10 s. nine guineas and one half guinea, the property of Hannah Wentworth , in the dwelling-house of Benjamin Rudge .

Mrs . Wentworth being dead the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-83

532. SARAH EDDY was indicted for stealing, on the 12th of May , two yards of nankeen, value 4 s. the property of John Chumley .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-84

533. THOMAS SCOTT was indicted for stealing, on the 15th day of May , 15 lb. weight of grain tin, value 10 s. the property of Joseph Spackman and Fulcran Moore .

JOSEPH SPACKMAN sworn.

I am partner with Fulcran Moore ; I lost 15 lb. of tin last Tuesday was se'night; the prisoner was a labourer with me; I employed him to weigh parcels; it is an article we always keep locked up under padlocks and keys; it is used in the scarlet dying business; they cannot dye scarlet in grain without it; it kills aquafortis, and the aquafortis eats that up; when the prisoner had done weighing, he came to me into the counting-house, and said, Sir, shall you want any more, shall I lock it up; it was at noon; I told him to lock up the ware-house, which he did, and brought me the key; after that, I believe in less than half an hour, one of my principal men in the shop desired me to come into the shop, he had something to communicate to me; I believe in a quarter of an hour.

JOHN DEAN sworn.

I saw the prisoner take the tin from behind the tub that Mr. Spackman has been speaking about; he went towards the coal-hole; I suspected he was going to conceal it, and I acquainted Mr. Spackman with it, this was after he had done weighing; then Mr. Spackman set the boy to watch; his name is Thomas Davidson ; in the evening at eight o'clock, I saw it taken out of his pocket at the shop door in Leather-lane; Thomas Davidson stopped him and Mackenzie, and took it out of his pocket; he was going home; Davidson and this Mackenzie followed him; I saw him take it from the shop window; the tin that was taken out of his pocket was brought into the shop, and we sent for Mr. Spackman immediately, and acquainted him of it, and the prisoner was committed; the tin was committed to Thomas Davidson 's care; I only saw the prisoner take one piece.

THOMAS DAVIDSON sworn.

I was set to watch the prisoner about eleven in the morning; my master told me a person had secreted some metal among the coals, and desired I would watch; my master shewed me the metal among the coals; I watched, and about three or four minutes before eight, I walked backwards and forwards in the shop, and when I came into the back shop, I missed the man, I saw him in the coal-hole; he came out again, walked about the shop very leisurely, and said, how early he would be in the morning; I took an opportunity of going to the coal-hole, and found the metal was gone; it was tin; I looked at his pocket, but I could not perceive any thing in it so as to satisfy myself; I hit my leg against his pocket, and I saw by the weight, there was something in his pocket; he went out sometime after, and I called Mackenzie, and we went after him and took two pieces of grain tin out of his pocket; I saw Mackenzie take out the other piece out of the other pocket; I locked it up, and know this is the same I took from him, but I cannot be sure it is the same my master had; there is no particular mark upon it.

PRISONER's DEFENCE.

I cannot say any further, than I was in liquor.

Prosecutor. I do not know the tin, only that it is of the same kind; it is broke into ten thousand pieces; he confessed taking it before the Justice; I made him no promises; I am sure of that; he said, he could not tell where he was going to take it, but if he could not sell it, he would bring it back again.

Jury. Was he in liquor at the time they took him? - Not when he put it in the coals; I believe he was in liquor when he was taken; he had been with me a year and an half; I had so high an opinion

of him, that he is the last of the labourers that I should have suspected.

GUILTY .

Transported for seven years .

Court. Have you any reason to believe that you have been robbed or lost any of your property while this man was with you? - Yes, I have; nevertheless I say now, he was the last of the labourers that I should have suspected.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-85

534. THOMAS BEAZAR was indicted for stealing, on the 5th day of February last, three earthen-ware dishes, value 3 s. and two earthen-ware sallad dishes, value 2 s. the property of Samuel Hollings and William Sutton : and

JOSEPH LOMAS was indicted for receiving the same, knowing them to be stolen .

There being no evidence to affect either of the prisoners, they were BOTH ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-86

535. MURTY CAIRNS was indicted for stealing, on the 5th of February last, two earthen-ware sallad dishes, value 3 s. and six earthen-ware plates, value 3 s. the property of Charles Smith and Ryland Child :

And the said JOSEPH LOMAS was again indicted for receiving the same, knowing them to be stolen .

(The witnesses examined separate.)

WILLIAM GIBBONS sworn.

I am agent for these young gentlemen; I am not a partner.

Mr. Garrow, prisoners counsel. They are minors , I believe? - Yes.

In what way do they become interested in this trade? - I cannot say; the mother and father are living; they have no interest in the trade; he is a captain in the navy; the prisoner Cairns was a porter with me about five months; he was never trusted at all, without it was to look out a little order; there is the name of Child, on one of the plates.

JOHN WEBB sworn.

About a month before Christmas, my master, Mr. Lomas, told me to meet him, near Mr. Child's, at the pitching-block, and he put this basket on my head; there was nobody with him; he told me to take it home; I did not know what was in it; I went at different times of a night to meet him, and he put the things on my head as before; I did not see them unpacked; I have seen a pair of these green edged sallad dishes; I noticed them at my master's house; they came out of a basket full, which came out of Mr. Child's yard; the prisoner Cairns was taken up, and he came the same day after he was discharged, and told my mistress to send the goods to some other house, for fear Mr. Gibbons should have the house searched, and find those marked goods which came from their ware-house; I afterwards carried the things to Mrs. Wilson's.

SARAH WILSON sworn.

I live at the St. Luke's Head; I bought one parcel at one time of Mrs. Lomas, which Silk took away afterwards; I did not know she was his wife till the man told me.

WILLIAM SUTTON sworn.

That was Lomas's wife.

(The blue and white plates, and green edged sallad dishes produced).

Silk. I had these things from Mrs. Wilson.

(Deposed to by Mr. Gibbons.)

Mr. Garrow to Gibbons. You cannot say but these things might be matched - No, it is not a new pattern; I do not know that any of them have been sold since I came to the warehouse, which is one year; I cannot say what was sold before; I know nothing of Lomas, I never sold him any thing; young Mr. Child sells sometimes; Lomas was a porter to Mr. Child some time ago; his name is in the books, but never as a purchaser of goods.

PRISONER CAIRN'S DEFENCE.

I am innocent.

PRISONER LOMAS'S DEFENCE.

Them goods that you see marked Child when I lived servant there, were carried to my house from Mr. Ainsley's, who failed, with some other furniture; he is gone out of town, I thought Mr. Ainsley would have sent for the goods; he was a former agent of Captain Child's.

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

MURTY CAIRNS, GUILTY .

Transported for seven years .

JOSEPH LOMAS , GUILTY .

Transported for fourteen years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-87

536. JOSEPH SLACK was indicted for stealing on the 5th of May , four yards and a half of cloth, value 5 s. one piece of printed dimity, value 2 s. one other ditto, value 2 s. two ditto, value 5 s. two pieces of tissue, value 10 s. and divers other things , the property of Samuel Lloyd and William Lloyd .

WILLIAM LLOYD sworn.

I am a clothes seller ; I live No. 108, Lower Thames-street ; my partner's name is Samuel Lloyd ; on the 5th of May last, between one and two, the prisoner who has been our cutter these six years, was going home to dinner, and was observed to have something under his coat, and he was stopped, and I was sent for; I only prove the property.

SAMUEL ALEXANDER sworn.

I am servant to Messrs. Lloyd; on Saturday, the 5th of May, the men were going to dinner about one, I was on the stairs; I saw the prisoner coming down stairs about seven minutes after the others were gone; I had some suspicion that things were not right with him by his staying after the rest of the men, and I said to him, Mr. Slack, what are you behind all the rest? says he not much, and he turned about, and I perceived something swell out under his left breast, under his great coat, which was buttoned; I told my shopmate Thomas Tapsell , and we followed him, and stopped him in Red-cross-street, in the Borough; I asked him what he had got under his coat; he said what is that to you? it is nothing of your's; I insisted upon seeing, but he would not let me, and Tapsell came up, and we unbuttoned his coat, and took out of his bosom, a remnant of Irish, and the other part out of his pocket; nothing more was found on him; we brought the prisoner and the Irish to my master's; the constable has had the Irish ever since.

Mr. Garrow Prisoner's Counsel. How long have you been a shopmate with the prisoner? - Five or six years.

He has six children? - I have heard so I never saw one of them in my life.

He was a cutter out? - He was.

What was you? - At the time this happened I was what they call finisher, and am so now.

You did not expect any promotion? - No.

You and Tapsell go to meeting together? - Meeting of what or who?

Why you religious worships; you are both Calvinists, are not you? - Yes.

So is your master? - Yes, there is no harm in that.

The prisoner is not of the same persuasion? - That made no difference.

THOMAS TAPSELL sworn.

Deposed to the same effect.

EDMUND BELL sworn.

I took the prisoner into custody, and the linen was given to me; I have had it ever since.

(Produced and deposed to.)

Prosecutor William Lloyd . On the 5th of May, I received these pieces from my servants; they were laying on the counter when I came down from dinner; the remainder of this piece was found in the prisoner's room, and there I found the greater part of the rest of the articles concealed in a bandbox, and in different parts of the house.

(Produced and deposed to.)

PRISONER's DEFENCE.

I bought the things.

The prisoner called six witnesses, who all gave him a very good character; one of whom said his wife was in court with six small children, and big with the seventh, and that he had employed Mr. Garrow as counsel at his own expence, from his good opinion of the prisoner.

GUILTY.

Recommended by the Jury and Prosecutor .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-88

537. JOHN otherwise JAMES COGAN was indicted for that he, on the 13th day of July last, feloniously did utter and publish as true, a certain false, forged and counterfeited will and testament, with a certain mark thereunto set, purporting to be the last will and testament of James Gibson , giving him the said John Cogan all his wages, and making him his executor, with intention to defraud Evelin Pierpoint and others .

A second count, With intention to defraud James Gibson .

Upon reading the will with the indictment, a variance appeared, and the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870523-89

538. JOHN STRUTTON was indicted for stealing, on the 16th day of May , a linen shirt, value 8 s. a cloth coat, value 27 s. a waistcoat, value 9 s. a pair of breeches, value 18 s. a pair of stockings, value 3 s. the property of John Hart the younger ; two pair of thread stockings, value 5 s. one pair of worsted ditto, the property of James Graves , and one pair of worsted stockings, value 2 s. 6 d. the property of John Hart the elder .

The prisoner was taken with the property upon him.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. ROSE.

Reference Number: t17870523-90

539. THOMAS BEAZER was indicted for stealing, on the 24th day of December last, one earthen-ware mug, called an ewer, value 12 d. an earthen-ware bason, value 12 d. a tea pot, value 12 d. a quart mug, value 12 d. a basket value 6 d. the property of Samuel Hollings , and William Sutton .

The things were found in the prisoner's apartments concealed in a closet.

(The things deposed to.)

Prisoner. My wife left the door open, and somebody put the basket in.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17870523-91

540. JOHN M'NALLY and NICHOLAS ELLICOT were indicted for stealing, on the 21st of May , one guinea, one half guinea, and 4 s. the monies of Mahomet Mustapha Blabas , and Hasbrahim Ben Aga Soderati .

(Mr. Sheridan the counsel sworn interpreter.)

(The witnesses examined apart.)

The prosecutor Blabas speaking no other language but Arabic, and there being no interpreter in that language, he could not be examined.

The prosecutor SODERATI sworn on the ALCORAN.

Who are you, and what brings you into this country? - I came here with my partner Blabas from Amsterdam.

Was you robbed on the 21st of May last, of any part of your property? - Last Monday, of one guinea and a half, and four shillings; I went into a public house to smoak a pipe of tobacco, and drink a pint of beer; I do not know the public house, I know the street, but I cannot mention the name, it was in Pall-mall , the first on the right hand side; when I came in with my companion, I had three guineas and a half, and four shillings; it was the joint stock of us both.

Look at the two prisoners, and tell the Court whether you ever saw them before and where? - I never saw them before I saw them in the public house, I am sure of that; they followed me in and Blabas; the witness Francisco Grassi asked me if I spoke French, he said he spoke Italian, and he lent me the scale to weigh some guineas; my partner put the purse on the table, and he took a guinea and a half, and four shillings, and laid them on the table by the purse, and the prisoner M'Nally leaned his hand on the table; a man followed him, and they said d - n the Turks, blast the Turks; I said go along, go along; then M'Nally put his hand upon the money, and took it from the table; them my comrade seized his arm, and the other prisoner came and assisted him, and gave me a blow; I left the money in the possession of the prisoner M'Nally; I looked out of the window, and called for a constable; I saw him take the money from the table; I never got it again.

Are you sure the prisoners are the very persons you have been describing of? - If I do not know my father, I do not know them; when I went out to call a constable, there was a tall man in a blue coat, and he prevented my going back to the house.

Mr. Knowlys, Prisoner's Counsel. Do you know Lord Spencer? - No, I know nobody here but my Lord Grafton.

Did not one of the prisoners hold a conversation with you about a petition which you had presented to Lord Spencer? - No, nor my comrade did not speak at all to him; before this man came in, I had had a conversation with a French woman.

Did not she persuade you to charge these men with the robbery? - No, no, no person said any thing to me.

Did not you at one time say you had lost fifteen guineas in the house? - No, no, no; I told her there were two men that had robbed me, and that my comrade had ten guineas, but whether they had taken it all I could not say; a guinea and a half, and four shillings were lost.

Were these men searched? - I do not know.

MARY KISLIN sworn.

I live in Great-wild-street, Lincoln's-inn-Fields; I came to this house last Monday, between two and three, and I saw these Turks, there they had a pint of beer, and he looked for some money to pay; the prisoners were there; I saw

them weigh half a guinea, and three guineas were weighed, and M'Nally pot his elbows upon the table; I saw no money taken; the prisoners did not come in till the guineas were weighed; I saw nothing of the money after it was put into the scales; I do not remember seeing a soldier there; I heard no dispute, I heard plenty of blows; he said you are a thief, and want to rob me; I do not think they took any money, if they did, they were devilish sharp.

FRANCISCO GRASSI sworn.

I weighed three guineas and a half of the prosecutors, they were all light; the prisoners came in while I was weighing them, and came near the table; I returned the scales, and there was a scuffle, and the hands of the prisoner M'Nally was on the table; the purse was on the table, and the gold laying near it three guineas and a half; I saw M'Nally touch the money; they both attempted to strike the Turks.

JOHN PALMER sworn.

How happens it that you appear so bruised? - By the people of the house, at the Seven Stars; I was there on the Monday; I saw the two prisoners come in; and this quarrel was because I was to come on this trial; they said for a pot of beer I would swear either way; I was very much affronted, for I would not state any thing but the truth; the landlord beat me, and said he would murder me; it was understood I was to come here in favour of the prisoners; the money was weighed before I came in; I was in coloured clothes; the prisoners came in about five minutes afterwards, they did not even sit down in the house, the prisoners asked the Turk about the petition; the Turk told him to go about his business; the prisoner told the Turk he was no Turk, that he was a beggar, at which the Turk was very much enraged; he stood up, and put his hand to his knife, for he had a knife, or something of that sort tucked into his girdle; when the Turk stood up, the prisoner said, what are you gong to stab me with your knife, and he said no, I will not stab you with my knife, but I will beat you with my stick; then the prisoner struck him several times, and he struck the prisoners, and tore all his shirt collar clean off.

Court. Then the Turk spoke in plain English? - So plain that I could understand him; there was no money on the table at this time; he had a fine gold laced purse at his girdle, whether he had any money in it I cannot say; there was no-money seen at all while the prisoners were in the house, nor while I was there; after they had been fighting, that tall French woman came down, and said they are blackguards, they are thieves, they want to rob you, swear they have robbed you; one of the Turks jumped out of the window, and soon after the constable came, they were not searched; the Turks made no charge of their robbing them, only of the assault.

If they had taken up any money at that time from the table, should you have seen it? - Oh, yes, but there was no money taken, nor any seen while I was there; the tall woman is frequently there.

What is she? - A common prostitute in that part; there were six or seven of them beating me; the mistress of the house is an old woman, and a foreigner, and the landlord is a young man that the old woman keeps; he does not speak French; I have been quartered there three weeks unfortunately.

PRISONER M'NALLY'S DEFENCE.

I had been with a letter, and I met my fellow prisoner, and we went to this house, and these Turkish gentlemen were sitting there, and I asked them how they did, and they d - d me; I said you did not d - n me the other day when you came with a petition to Lord Spencer, and I suppose you are angry I would not take it in; they had a target apiece at their side; the Turk seized me, and struck my fellow prisoner with a dagger; there was no money nor scales, or any thing of the kind on the table; the constable searched me by my desire; I had only two farthings.

PRISONER ELLIOT'S DEFENCE.

I went into the public house with this young man, he clapped his hand on the table; I had taken physic, and he was talking to the Turk about the petition; I went backwards, and when I returned, they had hold of each other; I tried to come out, and the Turk struck me with a knife or dagger on the side.

ELEANOR WHETSTONE sworn.

I live by an honest living, for seven years in Charlotte-street, near the seven stars; I was standing at my own door, and I saw these two young follows coming by me; I never spoke three words in my life to them; I looked in at the door, I heard a noise, and I saw these two young fellows, one of them with his shirt tore; then one of the Turks drew his knife, and laid it on the table; then said the other, do not cut me; and the Turk said no, me not cut you, me cane you, you dog; then the young fellow took the cane out of the Turk's hand, and gave it to the servant; I was there before they had done fighting; I was there when the constable came; the French woman said, take care of your money, these man are thieves.

THOMAS TOWNSEND sworn.

I am steward to Lord Spencer, and have been so for thirty years; I have known the prisoner M'Nally five years; he was servant to Lord Orford, before the late Lord died; I know him to be as honest a fellow as ever I saw in my life; if he is discharged to night, I will trust him with untold gold tomorrow; I speak from my Lord's authority, that he will take him into his service again; he used to be our messenger to the bankers, to fetch and carry money.

ROBERT HOWDEN sworn.

I have been in my Lord Spencer's service five and twenty years as butler; I have known this young man five or six years; his general character has been a very honest man; he was sent with a draft of mine for one hundred and forty pounds last Saturday; I think him a very honest man, I should, not have the least difficulty of trusting him tomorrow.

Michael Dobson a coal merchant also gave M'Nally a very good character.

BOTH NOT GUILTY .

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

Reference Number: t17870523-92

541. ELIZABETH JOHNSON, alias LEE , and HANNAH WIGFALL were indicted: the said Elizabeth for stealing, on the 6th of March , one wooden box, value 2 d. two printed cotton gowns, value 14 s. one printed callico gown, value 10 s. 6 d. two linen handkerchiefs, value 6 d. three aprons 3 s. two ditto, value 2 s. two checque ditto, value 1 s. ten other aprons, value 5 s. five pair of cotton stockings, value 2 s. 6 d. one worsted stocking, value 6 d. and one guinea and a half in gold, and 14 s. 6 d. in silver , the property of Ann Prichard , spinster .

And the said Hannah was indicted for procuring, aiding and assisting her the said Elizabeth, to do and commit the said robbery .

The witnesses examined separate.

ANN PRITCHARD sworn.

I lost the things on Monday week; they were in a wooden box. (The several articles enumerated by the prosecutrix that were in the box.) I saw the box and things the same day they were stolen; they were put down on paper at the Justices; the box stood by the bedside where I slept, I was a lodger; I went to bed about ten; I missed them in half an hour after I was in bed; they were found in the prisoner's possession the next morning, at seven o'clock under her bed, in Black and White Court, and a tub before the box; she was just getting up, and a young man who lived with her was dressing himself, when the patrol and

I went in; Hannah Wigfall was not there.

Whose lodgings were they? - I do not know; the box was locked, and I had the key in my pocket; the things were all in the box when the box was found; I lodged with Hannah Wigfall , and paid her one shilling a week; Johnson called on Wigfall that afternoon, and was in my apartment; Hannah Wigfall slept with me that night, and came last to bed, and left the door open; Wigfall was undressed as well as myself; I presently heard some body in the room, it might be half an hour; Wigfall was asleep, I awoke her, and got a light, and then went, and got a watchman; Wigfall said, to the best of her knowledge, she shut the door, and locked it, but upon getting up I found it wide open.

RICHARD WILLEY sworn.

I am one of the patrol of St. Sepulchre's parish; on the 6th of March, Hannah Wigfall was brought to our watch-house about eleven o'clock, on suspicion of robbing the prosecutrix; Wigfall was charged for assisting Johnson in the robbery; Wigfall was having words with the prosecutrix at the watch-house, which strengthened our suspicions; then she said Betty must have robbed her, meaning Johnson. (The box and things produced by Willey.) The box was broke open, and concealed under the bed, and a guinea and a half taken out, and some silver; I asked the prosecutrix if she had the key, she gave me her keys, and one of them opened the box; they have been in my possession ever since; the bundle, with a gown and coat lay by the box under the bed, which I afterwards put into the box, and locked it up.

(The things deposed to by the prosecutrix.)

Prosecutrix. I know the gowns by the pieces I mended them with, and by the trimming on one of them; there was a guinea and a half, and fourteen shillings and sixpence in silver; I have never seen any of the money since.

Willey. She swore to the things at the Justice's; they are the same I found at Johnson's lodgings; I went to thirty or forty places before I could find her; I saw Darby there, who will appear here presently and the prosecutrix; I took the two prisoners to the Compter.

WILLIAM DARBY sworn.

I am a shoe-maker; I know nothing of the matter; I was going about my master's business, he lives in Blue-court, Old Bailey; the lodgings are mine.

Why did not Johnson sleep there that night; did not she cohabit with you? - No, not constantly; she said, she was locked out that night; I know no more.

Court. Did she never sleep with you before that night? - No, my Lord, she used to sweep my room and make my bed; she was a stranger to me.

Then how came she into your room? - I gave her the key to clean the room; I left nobody in my room.

Did you sleep that night with her, or did you not? - I was in bed with her; the key was hung on a nail on the outside of the door, for her to go in and clean the room; I know nothing of her else.

Did she leave the room any time that night after you went to bed? - No, my Lord, I know nothing how the box came in my room; I never saw them till the officer came and took them away.

WILLIAM PARRY sworn.

I am a watchman; on the 6th of March. I was going my rounds, and I heard the prosecutrix crying, I am robbed and ruined; Wigfall was with her; I said, can you tell who robbed you? some women that was with Wigfall directed us us to Black and White Court; upon enquiry, Mary Leversuch informed me, she saw a woman go into a house in the court with a box; the patrol found the box, and took them to the watch-house; she said, that it was no such thing.

MARY LEVERSUCH sworn.

I live at No. 20, Fleet-lane; I was

standing at my door, about ten minutes after eleven o'clock; I saw Johnson coming from Seacoal-lane; she had been in my shop about two hours before; I keep a chandler's shop; I know her person very well; she had a bundle under her arm; I could not tell whether it was a box or what it was; and I heard say, she was robbed; I told them I saw a woman go up the alley with a bundle.

PRISONER JOHNSON'S DEFENCE.

I was moving some things; going to leave my lodgings, and carried several things to William Darby 's, the shoemaker's room; but I never slept there though it was said I did.

ELIZABETH JOHNSON , GUILTY .

Transported for seven years .

HANNAH WIGFALL , NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870523-93

542. JOHN ANDERSON and JAMES CUNNINGHAM were indicted for feloniously assaulting William Westgarth on the King's high-way, on the 3d day of May , and putting him in fear and danger of his life, and taking from his person and against his will, one shilling and one sixpence, and four half-pence, his property .

(The witnesses examined apart at the prisoners desire.)

WILLIAM WESTGARTH sworn.

I was robbed on board the Calais packet, laying off the Hermitage , on the 4th of May, about half after twelve in the morning; I was robbed of eighteen-pence, and two-pence in copper; I am a revenue officer ; I believe the prisoners to be two of the men; one of them has a damage under his right eye.

Prisoner Cunningham. There is none on my right eye.

Then it is on the left; I know he is damaged on one of them.

LUKE SMITHIERS sworn.

I was on board this packet, on the 4th of May, and between twelve and one in the morning, I was alarmed with the crying out of John Philport , an excise officer; and on rising up, two men came, and one of them bid me lay down or he would be the death of me; and he thrust his hand into my bed, and felt for my watch and money; I told him I had none, and the other that stood by desired him with wicked oaths, to cut my head off; and he shoved against him, as if to shove him out of the way, and bid him get along; on looking further in the cabin by the fire, I saw a third man with a pistol in his hand, presenting it to Mr. John Philpot , who was upon the watch, and desired him to give him his money; Philpot, when robbed, ran to the prosecutor's cabin, and I saw the same man demanding Westgarth's money; the other two stood over me and asked what was in those cases; I said, I believed they were cordials or perfumes; then the three men took two cases or bales; I looked at the three men as close as I possibly could, to see if I could form any idea of their persons; I could not see their faces all of it; I strove to observe; they had handkerchiefs round their mouths, that was the reason; I cannot say that Anderson was the person that robbed Westgarth, otherwise than he was a tall man; he stood with his back to me; with respect to Cunningham by statute and voice, he is the man that desired the other to cut my head off; but I could not see his face; I heard his voice at the Justice's.

JOHN PHILPOT sworn.

I was robbed first; I saw them take something from Westgarth, but I cannot say what; it was on the opposite side of the cabin; I was an officer belonging to the excise; I saw but three at first, but I

counted four before they left the cabin; one man first made the attack upon me, a tall man, and he afterwards attacked Westgarth; we had the cabin fire burning; it was between twelve and one, on the 4th of May, in the morning.

Could you discern the faces of those persons? - They were mussled with their handkerchiefs over the top of their noses; one was a thin visaged man, by what I could see by the top of his eyes; a tall man.

Look at the prisoners? - It was a man about the size of the man in the drab coloured coat; I mean the tall man; but a very different voice, for I heard his voice at the Justice's; for the voice that robbed me and Mr. Westgarth was quite hoarse, like a boatswain of a man of war.

ROBERT DAWSON sworn.

I only apprehended the prisoners.

Court. There is not sufficient evidence to call on the prisoners for their defence.

BOTH NOT GUILTY .

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

N. B. See Part III. of this Session, where Cunningham was capitally convicted for robbing this ship, on the positive testimony of this witness, John Philpot .

They were again indicted for robbing John Philpot ; and there being no other evidence, they were BOTH ACQUITTED .

Reference Number: t17870523-94

543. GEORGE SIMPSON otherwise JOHN JACKSON was indicted for stealing, on the 2d of May , eight pair of leather shoes, value 24 s. one pair of leather shoes, value 24 s. one pair of leather pumps, value 3 s. and one pair of stuff pumps, value 3 s. the property of John Walker .

JOHN WALKER sworn.

I am a shoe-maker , No. 30, Little Newport-street, Soho ; I know the prisoner; he worked for me in the house; what we call a clicker; on the 16th, the prisoner was taken into my house, as a servant , and continued as such till May the 4th; on the afternoon of that day, about five, two gentlemen out of Frith-street sent for some shoes; some shoes were taken; the prisoner was looking round the shop for some shoes, and I went to look for a pair that were in the window, and I missed them; I asked the prisoner and another man about the shoes, and they replied, they knew nothing of them; I looked in my cash book and found they were not sold; upon that, I suspected they were gone in another way; the prisoner went with some shoes to the gentlemen, and I suspected the prisoner; nothing else was missing when I examined; a duplicate was given me by my man.

Is that man here? - No, the Justice did not think him necessary; I went over to Mr. Fletcher, at Litchfield-street-office; the duplicate being numbered, Mr. Fletcher sent me to Mr. Peake, in St. Martin's-lane, a pawn-broker; there I found a pair of my shoes, but not the shoes I missed; that strengthened my suspicions of the prisoner; I went home and called him in before my father-in-law, and said, Simpson, can you tell any thing of these shoes I have just missed? he said, no; I said, I strongly suspect you have taken them; and he said, Sir, you use me very ill; I said, I have a duplicate here of a pair of shoes that you have pawned; now tell me where you have pawned them; then he turned round, and said, Sir, I have pawned one pair of shoes; this was May the 4th.

Before he made that acknowledgment, had you given him any reason to hope that you would not prosecute him? - No, for my father-in-law gave me that caution; I asked him where he had pawned them; he directed me to another pawn-broker, in St. Martin's-lane; I then concluded he had pawned more; I think he mentioned two or three other places, but not the place where I had been.

Did he say he had pawned other shoes? - Yes.

How many pair did he say he had pawned? - I cannot say, whether two or three pair.

Did he say where those were pawned? - I believe he hardly mentioned any name; he mentioned the places; one place in particular, in Long-acre, but could not recollect the name; in St. Martin's-lane amongst the pawn-brokers, I found three or four pair of my shoes; at Peake's, I found two pair; at Mr. Hall's, one pair; that was all I believe, I found for that evening; he was sent to the watch-house, and examined before the Justice; on Saturday morning, that was the 5th of May, he had mentioned a place which I had not time to go to; I think it was in Wardour-street; I desired the Justice to defer the examination till Monday Morning; in the interim, I applied to other pawn-brokers, and found shoes at each; at Mr. Heather's, Longacre, one pair; at Mr. Fleming's, Drury-lane, one pair; at Mr. Lane's, Drury-lane, one or two pair, I will not positively say which; at Mr. Priestman's, one pair; at Mr. Purse's, near the New-church, in the Strand, two pair; I went to one of them, by the direction of the prisoner, and to the other, by my own inclination, to see if there was any more; the several pawnbrokers have the shoes.

Mr. Leach, prisoner's counsel. You say the prisoner confessed having pawned one pair of shoes? - He did.

Now are you quite sure that no promise was made him? - I am.

Was there no conversation previous to his confession? - No, Sir; I told him that I was in possession of a duplicate of one pair of shoes pawned; I did not tell him that I knew where they were, but I said, now Simpson, tell us where they are.

You had a man and a boy in the shop, besides the prisoner? - I had.

They had equal access to the shoes as this man? - They had.

I think you said you missed one pair of shoes that you did not find at the pawnbroker's? - I did.

So that whoever took those shoes, does not appear to be this man? - It does not.

He confessed to have pawned a pair of shoes, but you did not find them? - I did not find the shoes that I first missed.

EDWARD SWAIN sworn.

I am servant to Mr. Peake, No. 32, St. Martin's-lane; I have seen the prisoner before, but I cannot positively swear that he is the man that pledged the shoes; I produce shoes pledged by one John Jackson .

How many pair are there? - Three pair, two that belong to Mr. Walker.

Who pledged them at your master's, and by what name? - Here is one pair pledged in the name of John Jackson , No. 20, Castle-street; we have down his place of abode; the other pair is pledged by one Ann Seborn , who said, she lived at one Simpson's, Orange-court.

Was the prisoner the John Jackson ? - I cannot positively say that it was him.

(The shoes deposed to by the marks.)

The other pawn-brokers produced the rest of the shoes, which were deposed to; and two of the pawn-brokers swore to the prisoner's pawning them.

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

GUILTY .

Whipped , and imprisond six months .

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

Reference Number: t17870523-95

544. JOHN HAMMOND and MARY HAMMOND were indicted, for that they, on the 7th day of March last, knowingly and unlawfully, wickedly and feloniously, did send a threatening letter to Daniel Dancer , without any name subscribed thereto, demanding of him the said Daniel the sum of ten pounds , against the statute.

A second count, setting forth the letter (as in the trial.)

A third count, calling it a certain paper writing.

A fourth count, for that they sent and delivered, and caused to be sent and delivered, a certain letter.

A fifth count, for sending a certain letter to a certain subject of our Lord the King; to wit, the said Daniel Dancer , without any name subscribed thereto, threatening to kill him.

A sixth count, the same as the fifth, only setting forth the letter.

A seventh count, for sending and delivering.

An eighth count, the same as the seventh, only setting forth the letter.

A ninth count, for sending a certain letter to the said Daniel Dancer , threatening to burn his house.

A tenth count, the same as the ninth, only setting forth the letter.

Eleventh count, the same as the ninth, only for sending and delivering.

Twelfth count, the same as the eleventh, only setting forth the letter.

The case opened by Mr. Silvester.

DANIEL DANCER sworn.

I live in the parish of Harrow-wheel-common, in the country of Middlesex ; I live in a little concern of my own of land; a bit of a farmer .

Did you know this man and woman? - Yes, John Hammond and his wife; they have been day labouring people, they came in about Holland tide, and staid there about half a year; they are out of my house now; they had my parlour and a convenient room or two; I let them in only for safety, and I gave them some loose wood that they picked up in the yard, I thought they might be a safety to me, as mine is a large house, and they were distressed and turned out, I had no other servants

at that time; in March last I was served with a paper, a threatening letter, what you please to call them, we call them letters; but there was one or two that I took, and put the date on the back-side, thinking they might be called upon.

Look at that? - This is one of them.

When did you receive that? - In January I believe.

Look at that? - Here is the 10th; I never use any spectacles, I cannot see but when the sun shines plain.

Did you put the date on that letter when you received it? - I did.

Look at that? - Here is March the 7th; that is my hand writing, I put it there at the time I received it; the same day.

Who did you receive that letter from? - John Hammond , he called it a letter; he said he had found a letter, and so he gave it me.

Did he say any thing else? - No, he did not say much else.

What did you say in consequence of receiving that letter? - I could do nothing with it, only kept it in my possession; I had more before and behind.

Who were they delivered to you by? - His wife and he chiefly, both of them; and one I found on the hole of the necessary.

Mr. Shepherd Prisoner's Counsel. Only tell us about that one letter.

Counsel for the prosecution. This letter dated the 7th of March, you are sure you received from him? - Yes, they pretended to say they found them.

Did you ever find out who sent them? - No, we never found out who, nor how.

Mr. Shepherd. I believe you live in the neighbourhood of Harrow school? - Yes.

I believe you were unfortunate enough Mr. Dancer, not to be very popular among the Harrow boys? - No, but they did not owe me any ill-will after this time.

Had not you got them flogged three times before these letters were sent? - They were, twice.

The Harrow boys had plagued you a good deal, before you got these people in the house, they had locked you up in the stable, and things of that sort? - Yes.

Did not the boys come and threaten to be revenged? - They did not threaten to be revenged.

They did not pull part of the roof down? - They never did visit my house in that way; I do not know that they pulled the tiles off; it was not them that brought these letters.

Upon your oath now, did not they plague you handsomely? - They never touched me, nor hurt me.

You did not come out when the boys came I believe? - I had no occasion to come out.

Did not the boys come and plague you from time to time? - Yes; school-boys will do so.

Were not you the constant object of their fun? were not they always coming to teize you? - They were not always, now and then.

Did not you get these people into your house for the purpose of protecting you from these boys? - No, not them boys, there were others, thieves.

Was not the whole parish against you? - I do not know that the whole parish was against me.

How long did these people live in your house? - Nearly half a year.

How long after you received this letter? - I did not set down the day of the month when they quitted it; I believe it was in March; they set it down at Sir Sampson's, and I did not take the account any further.

Tell us any where within a month, what time they quitted you? - I suppose it got towards April before they quitted me; it is entered down.

These people used in fact to do business for you as servants? - They never did any thing for me, for I did not care to set people to work that I could not satisfy.

Did not the man set up all night once? - He was paid for that.

Did not this man sit up constantly to guard your house? - He did with other people a while.

Did not the Harrow boys know he was your guard? - I do not know that they did.

Did not you hear them when they came in a posse, swear revenge against Hammond as well as against you? - I never heard that from them.

Did you ever hear it from any body else, that Hammond had been threatened by the boys? - His own wife might say so.

Did you never hear it from any body else? - I do not know that I did.

Hammond himself brought you this letter? - Hammond delivered it to me.

Did not Hammond tell you he found this on your premises, and therefore he gave it you? - Yes, he told me he found it.

Why I see in this letter that Hammond is threatened? - That is only a sham of his wife's.

How do you know it was a sham of his wife; who put you in the head of this notable prosecution? - Who put me in the head of it, all the neighbours; they said, they found them in the house of office, where I never went in half a year; she went there, and nobody else chiefly.

Was not this man one of your guards? - The neighbours all told me, that the letters came from them.

Upon your oath, after you received this letter, did not you yourself, appoint that man to be one of the guards of your own house? - He appointed himself; he proposed to be one, and I did not refuse him; I suffered him to be one, and he was one.

Was not he one for a month? - He never was paid for a month, he was paid for about a fortnight; he served me about a fortnight as a guard; I did not appoint him, he was willing, and I was glad; and I was willing to take a mad dog for my safety.

Had not you two other guards as well as that man? - I had three more, I did not think them all too much; I had no right to be burnt, and set fire to, and killed.

How often had your house been attacked? - Several times.

How many times during the two last years; how often was you robbed within the two last years? - I was robbed about twice, and pilfered; my house has been broke open more than once, it was broke open in the night; I did not see the persons in particular.

However, before this thing happened, the Harrow boys had been about your house, and you had had them flogged for it. - The Harrow boys were not concerned in this.

(The Letter read.)

"So, you old damned dog, you will

"not let me have no money; by which I

"will be damned if I do not have your

"life and Hammond's, for ten pounds. I

"will have Wednesday night, for all your

"gars, or fire you and the house, for the

"money I will have; so damn you, lay

"it in the f - t house, damn you;

"I cill you and Hammond."

MARY NEWMAN sworn.

I live at Harrow-wheel common; I know the prisoner Mary Hammond .

Did you ever see her write? - No Sir, not concerning that; I know nothing at all about it.

Did you ever hear her say any thing about letters? - What I have heard say, was between Mary Mason and Mary Hammond in the garden; in my own apartment, Mary Mason said to Mary Hammond , that she could clear her at any time, for she could swear to her hand-writing; and she said yes, I know that, but I do not trouble myself about that.

What did Mary Mason say to her? - There was Mary Mason and another person in our yard; they had some words concerning this affair, and Mrs. Mason said to Mrs. Hammond, you know I can clear you at any time, for I can swear to your handwriting; and Mrs. Hammond said, I know that; but I do not trouble my head with you, it is not you nor any body else

can swear to paper, for it is written on whitish-brown paper; that is all that I heard.

Mr. Schoen, another of the Prisoner's Counsel. Be kind enough to inform us who you are? - My name is Newman.

What are you? - A poor day labouring man's wife; I live at Harrow-wheel-common.

This conversation that you heard between Mary Mason and the prisoner, was after the 7th of March? - I do not know the day of the month, nor any thing about it; I know nothing at all further than what I have told you, nor any thing else.

At what time was this that you heard this conversation? - It was about one or two o'clock.

On what day? - I do not know what day, I was subpenoed up, and I did not take any notice of it.

How came you to talk of this conversation? - I was in my own yard, and heard them talking of it.

How came you to mention this conversation to any body? - I never mentioned it to any body, before they subpoened me.

How came they to subpoena you? - I was in my yard, and they knew that I heard it.

Who was there that knew it? - Them that subpoened me up.

MARY MASON sworn.

Did you know Mary Hammond ? - Yes.

Did you ever see her write? - Yes.

Look at that paper? - I think this is her's, but I did not see her do it.

What do you believe? - I believe it to be her hand-writing.

Had you any conversation with her at any time about the letter that was sent to the old man? - I cannot say there was any conversation about the letter that was sent to the old man, but she came up to her mother, and there was a noise and racket about the letter in the parish, and I was in my garden gathering some greens, and say I, Mrs. Hammond, you know I can clear you, and I can swear to your handwriting at any time.

Had you then seen this paper at the time you said this to her? - No, Sir, I had not; she said I know you can, Mrs. Mason, but I do not trouble my head about you, for you cannot swear to it, nor any body else, for it is wrote upon whitish-brown paper.

Mr. Shepherd. You said to Mary Hammond you could clear her? - Yes.

What meaning by that, that you could prove that she was not the person that did it? - Yes, Sir, if it was not her's; upon which she made this answer, I do not trouble my head about you, for it being written on brown paper, neither you nor nobody else can swear to it.

When you told her you could clear her from it, she said no, you cannot, for nobody can swear to it; can you write yourself? - No, Sir.

Can you read? - Yes, a little.

Now read that (gives her the letter.) Reads,

"So you and Daniel and Dancer;

"and people with you, will not let me

"have no money, and I will be paid, I

"will be d - nd if I do not have you

"life and Hammond's, for ten pounds I

"will have." I do not know what the next is, Wednesday night.

I see you can read that paper perfectly well, can you read other writing as well; here is something that is written very plain? - I do not know.

You have seen the letter several times? - I have seen it two or three times.

(Reads the brief.)

Mr. Shepherd. She can read; have you seen this woman write? - Yes, I have seen her write for me to get charity.

So you mean to say that you have seen that woman write so often, you not being able to write yourself, that you can venture now upon your oath to say, you believe it is her hand-writing? - I was sent for to look at it; I was told nothing by any body that sent for me.

Did not they tell you to look at it, and see whether it was hers or not? - Yes, they did, I said I do not know rightly what to think, I think it is very much like Mrs. Hammond's writing.

But before that they had told you to see whether it was her's or not? - Yes.

Who sent for you? - I was sent for by lady Tempest.

Was any body by at this conversation that you have been talking about? - Yes, Mrs. Newman, and another woman, and her mother.

Of course, I suppose you talked to Mrs. Newman about this afterwards? - No, Sir, I do not know that we did, I said to Mrs. Newman, how foolish she was to talk so; Mrs. Newman told me she heard the conversation.

When did she tell you that? - She heard it then, as well as me.

When did you talk about the conversation with Mrs. Newman? - A great many times.

Then Mrs. Newman told you she heard what passed? - Yes, she did several times.

It unluckily happens that Mrs. Newman has told us, that she never told any body of it till she was supoened? - Only me, she has told me.

Which are we to believe, you or her? - You may believe me if you please, she told me several times that she heard her say so.

How much are you to have for coming here? - God Almighty knows, I said I should not like to come to bear my own expences.

Upon your oath, did not you say that you would know what you was to have before you came; do you know Elizabeth Aldridge ? do you know Thomas Lymon ? - Yes.

Do you know Elizabeth Mason ? - Yes, on my oath, I have not spoke to Betty Mason this half year to my knowledge.

Nor to Lymon? - To neither of these persons, I have never had this conversation.

Have you never been before a Magistrate? - No, Sir, only on parish affairs, that I will swear, not any otherwise, but upon my own account, because the officers would not relieve me.

Who has succeeded to Mr. Dancer's house, to these people, who lives with Mr. Dancer? - Mr. William Griffin .

Are you part of his household establishment now? - No, Sir, I never was in his house or premises, set aside his fields, from the day of my birth, to my knowledge.

JOSEPH MASON sworn.

I know the prisoners; I know Mary Hammond ; I have seen her write.

Look at that paper, what do you believe? - I believe it to be her writing.

Mr. Shepherd. Can you write? - A little, Sir.

Why when did you ever see her write? - I cannot justly say when it was; it must be about a year and a half ago, I saw her write twice.

Do you undertake upon your oath, to swear to your belief of her hand-writing? No, Sir, I should not chuse to do it; I swear to the best of my knowledge.

Do you mean to swear upon your oath, that in your conscience you believe that to be her hand-writing, from the knowledge you have had of her writing? - Yes, Sir.

Never having seen her write but twice in your life? - I do not know what she wrote, I saw her in the act of writing; I did not read it.

Whereabouts did you stand? - By the side of the table where she sat.

Did you look over her? - No, Sir, I did not see the words that she wrote; I do not know that I could swear what she did write, because I did not see it directly, but I saw it in the house afterwards.

When were you first applied to, to come as a witness? - I was subpoened by Mr. Dancer.

Who had you told first that you knew her hand-writing? - Lady Tempest, I was sent for to her house.

How came she to guess that you knew this poor woman's hand-writing? - Because she had written to my wife.

Do you venture on your oath to swear to your belief of that piece of paper? - Yes, Sir, I can.

HANNAH WHITE sworn.

Do you know Mary Hammond ? - Yes.

Did you ever see her write? - Yes.

Look at that paper; when did you see her write? - I have seen her write since.

Mr. Shepherd. But you cannot say as an honest woman, that it is her hand-writing? - I really cannot say that this is her handwriting.

What do you know of this transaction of your own knowledge? - Why, Sir, they made Mr. Dancer believe that my sons were concerned in bringing these papers, he said he never had.

LADY TEMPEST sworn.

Your Ladyship knows the situation of this man's premises I understand? - Yes.

Is the necessary near the room where this woman lived? - Very near the end of the window where they lived.

How close? - I suppose they could not go by it, unless they went over the ditch, without the next door neighbour seeing them.

Do you know the hand-writing of this woman? - I have seen her write; I verily believe that to be her hand-writing.

Does your Ladyship know whether this poor man can write at all? - He told me he could not.

Mr. Shepherd. You say, Madam, you have seen this woman write? - I have since this letter was sent.

I believe your Ladyship sent for this woman to write for you? - To write for me, no, Sir; Mr. Dancer commonly used to bring letters over to my house for me to read them.

I only ask you as to having seen her write herself; did you ever see her write before these letters were sent? - Never before I saw her write at my own house; I sent for her.

You desired her to write? - I desired her to write for this reason, because Mr. Dancer had brought the man over to assign some reason; he declared his innocence.

You saw her write at your house, you desired her to write? - I accused them all in having that writing; I meant to vindicate her.

Did she not write at your house at your desire? - I did not desire her to write at my house, I said, I have judged you very hardly, and so do all the neighbours as such; Mr. Dancer has brought me a bit of paper.

Did not she write at your house? - Yes, before me.

Your Ladyship told your suspicions before? - I had.

And yet she wrote at your house afterwards in your sight? - Yes.

To furnish evidence against herself I suppose? - I hope it will be to vindicate herself.

Had not you told her of your suspicions, Madam? - I had, she certainly knew it was for the purpose of comparing her writing with the letters.

Then she must know if she was guilty; it was to furnish evidence against herself? - I suppose she must.

Then it was from this subsequent knowledge gained by you after the matter happened, that your Ladyship can swear to her hand-writing? - I swear to the best of my belief.

Mr. Silvester. Your Ladyship sent for this woman to clear herself if possible? - I did; she offered to write before me; I said to her, I have judged you very hard, I have not judged you only in my own opinion, but I have spoke publicly.

Court. You say, Madam, that you did not desire her to write? - Not at my house; I told her if she would write, if she was injured, as I had seen the name of Mary Hammond wrote, which was very different, I thought by her writing me a line, I should be satisfied; I had not the least motive.

Did she write that letter to you?

Mr. Shepherd. That is no evidence, similitude of hands is no evidence in this case.

Mr. Silvester. That is a fact of a letter being written to Lady Tempest, if you object to it.

Mr. Shepherd I certainly do; but now it is produced, the Jury shall see it.

To Lady Tempest. This letter was written after the other letter was sent? - Yes.

Mr. Shephard. My Lord, in this case, though I have not much doubt on the subject, in point of fact, yet I think it my duty to take an objection, in point of law, to this evidence; your Lordship sees both the statutes, on which the indictment was framed, have constituted it a capital offence, if any person shall knowingly send a letter to any person, demanding money; or in the other case, shall knowingly send, threatening to burn his house, and such offence shall be deemed a felony; in this case, the evidence is (if it is any thing) that this man, John Hammond , delivered this letter to Dancer; I submit that the policy of the law which made that a felony, was for the purpose of discovering people who secretly did send those sort of letters to other persons, by which means their peace of mind was hurt; and in short, they themselves were put in danger; but I submit that the act of parliament certainly did not mean to extend this offence to the hand that actually delivered it; for if you should think that delivering a letter is an offence within this statute, which it certainly is not, then you will take these words into your consideration also, namely, shall knowingly do so; now it would be too much, where the man who actually delivers the letter, and whose duty it was to do so, be it sent by whom it would, was a servant; this is not the case of a stranger coming and delivering a letter of this sort, in which the act of doing it would afford a suspicion; but this is the circumstance of the man at the bar, a servant, an inmate of the family, and whose duty it was, come from whom it might, unless he was the actual party who wrote it, and fabricated it, to deliver it to his master; therefore it requires a stronger evidence, in this case, to shew that he was the actual party; because, if the delivery should be held by your Lordship to be within the statute, still I submit it must be a delivery by a person knowing the contents of it, and not merely by a servant; my Lord, there was a case before Lord Mansfield, in the County of Kent; the name of the case I do not recollect; it was an indictment on this statute; there the man who was indicted, was the party who brought the letter to the prosecutor, and who delivered it to him himself; and I recollect taking this objection there; and I am pretty confident my Lord Mansfield said he thought the policy of the law was meant against the persons who secretly sent these sort of letters to others, and meant the man who knew the contents of such letter; my Lords, in considering a penal act, you will be strict in seeing that the offence comes precisely within the words of it; when I mention the uniform construction of your Lordships on the statutes of private stealing from the person, which is made a felony, without the benefit of clergy; so strict have all the Judges been, that the smallest knowledge of any human creature, that a man was in the act of stealing at the time, has always been held to take it out of the statute, because the strictest construction of the act must be complied with; and if your Lordships have been so strict in that case, I trust you will also in this, where it has been said, that knowing of the sending a letter to another person, shall be deemed a felony, without benefit of clergy; you will not think the delivery is within the words of that statute, and it seems to me to be scarcely within the policy of it, which is to prevent secret acts; I submit therefore, in this case, it will intitle me to an acquittal; but if your Lordship should think that any thing does lay against the man, still I think at least the woman is intitled to her acquittal, as being the wife of the man, and as to the man himself, he cannot write.

Court. When I sum up to the Jury, I certainly shall tell them, that in case they

think this was done in the presence of the husband, and by his privity, that the law will not impute it to her as a crime; on the other hand, if they should suppose that she did these things without his privity, and only made use of him as the instrument; in that case she may be guilty separately.

Mr. Schoen spoke on the same side; Mr. Silvester, in answer; and Mr. Shephard replied.

Court. In all cases where an offence is made so very penal as this is, at certainly is necessary that it should appear to be within the intention of the legislature, and likewise within the act of parliament itself; now the words of that act are, that if any person shall knowingly send, &c. they shall be guilty; now I own myself, I cannot think, that under these words,

"send any letter" that the carrying of a letter does come precisely within the terms of the act of parliament; if the legislature had been asked at the time when they passed this act of parliament, whether it was an offence of the same kind, I have no doubt but they would have said, Oh, yes, by all means; but we are not to say what the legislature ought to have done, but what they have done; now it seems to me at that time, when the act passed, the legislature never had it in contemplation, that any man would have been the carrier of his own letter, but that they should go either by the post, or by some conveyance which would never bring it to the knowledge of the prosecutor by whom it was sent; if they had had the case in view, they would have provided for it; therefore I own myself, it is very clear that this is a case that does not come within the words of the act of parliament; and an act so penal as this is, ought not to be extended by construction; another circumstance that makes it appear more strongly is, that in another act of parliament, which is not so penal as the present, it is said, that if any person shall send or deliver any letter, to accuse another of a crime, with a view to extort money, &c. now that shews, that where the legislature had meant a particular act to have created an offence, that they knew how to make use of the words proper to do it, and that is in my mind a convincing proof that they had it not in their contemplation at the time.

Mr Baron Perryn. I am of the same opinion.

BOTH NOT GUILTY .

They were again indicted for feloniously sending a letter to the said Daniel Dancer , on the 30th of January last .

BOTH NOT GUILTY .

They were again indicted for a similar offence, on the 10th of February last .

BOTH NOT GUILTY .

They were again indicted for a similar offence, committed on the 30th of January last .

BOTH NOT GUILTY .

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

Court to the prisoners. John and Mary Hammond , you have had exceeding good luck; your not being found guilty on this prosecution, was owing to the incaution of the penning of this act of parliament, that your case was not comprised in it; but there is all the reason in the world to believe that you were guilty, therefore you must be careful; you stand as marked characters in your neighbourhood, and it is your business to retrieve your characters, by behaving in an exemplary manner hereafter; and I give you this caution, that although you have escaped now, you may, without care, come at last to an untimely end.

Reference Number: t17870523-96

545. ROBERT otherwise RICHARD COLLINS was indicted for burglariously and feloniously breaking and entering the dwelling house of Jane Combrune , widow ,

about the hour of one in the night, on the 15th of March last, and burglariously stealing therein, one silver tea spoon, value 1 s. two silver salt spoons, value 3 s. three silver castor-tops, value 3 s. the goods and chattels of her the said Jane, and one silver tea spoon, value 1 s. the property of Mary Carpenter , spinster .

The evidence of this burglary was the same as on the trials of Stewart and others, who were convicted last sessions (See session paper No. 4, Part 1, 2, and 3.) But in this case, none of the witnesses could swear to this prisoner, but one of the witnesses saw him running with other persons.

NOT GUILTY .

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

Reference Number: t17870523-97

546. JOHN LANGSTON was indicted for stealing, on the 23d of April last, forty-four iron horse shoes, value 5 s. the property of Richard Webb .

The prisoner was taken with the property upon him.

Prisoner. I found them in the street.

GUILTY, 10 d.

Whipped and imprisoned six months .

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

Reference Number: t17870523-98

547. WILLIAM JONES was indicted for stealing, on the 9th of May , a silk handkerchief, value 2 s. the property of John James , privately from his person .

(The case opened by Mr. Manley.)

(The short-hand writer was desired by Mr. Garrow, prisoner's counsel, to take particular notice, and observe the witnesses being sworn.)

JOHN JAMES sworn.

Did you lose any thing on the 9th of May last? - Yes.

What time of day was it? - About six in the evening, on Clerkenwell-green , I lost a silk handkerchief.

Where was the handkerchief before you lost it? - In my pocket.

How long before you lost it, had you seen it? - Why I cannot say, but within a quarter of an hour, I am quite sure it was in my coat pocket.

In what manner did you lose your handkerchief? - I cannot say.

In short do you know you lost it? - No.

However it was gone? - Yes.

Gone from your person? - Yes.

When did you get it again? - After I had lost it, I was going along the bottom of the green, a man calls out, Sir, Sir, you in the blue coat; I felt in my pocket; says he, have you lost any thing? I said, no my friend, I believe not, and I put my hand in my pocket, and said yes, I have lost a silk handkerchief; says he, that man has got it; the prisoner was running, and he pointed to him; I suppose the prisoner was about ten or fifteen yards from me; I went up to him, and accused him with it, and he denied it, I searched him, I did not find it; the man that called after me, said he was sure he had it; I searched him again, and found it in a pocket in his bosom within his coat; this is the handkerchief that I lost, and the handkerchief that I found upon him; I swear positively to it; it is marked with an H. and W.

How comes it not to be marked with your initials? - I bought it as it was; but I am perfectly sure it is my handkerchief.

What is the value of that handkerchief? - I gave four shillings it.

What value did you put upon it? - Two shillings.

How long before this did you give four shillings for it? - About two months before.

Did any thing more pass? did the prisoner say any thing? - He denied it; I said I found it upon you, I will take you to the Magistrates.

Court. What is the mark on your handkerchief? - W. and H.

What is the name of the constable? - Philip Bristow .

Is he here? - I do not know.

What did the prisoner say? - He was very impudent to the Magistrate.

Mr. Garrow, Prisoner's counsel He was very impudent to the Magistrates? - Yes.

Turn yourself about, that these gentlemen may see you; he was very impudent to the Magistrates? - Yes.

I have no objection to hear some of his impudence; be so good as to state some of it? - He said, says he, I have not stole your handkerchief, but if I have, I shall get through it, because I am a soldier ; he said that he belonged to the Staffordshire militia.

So this happened as you was walking along Clerkenwell-green? - Yes.

Where was you going to? - To spend the evening at the Adam and Eve at Pancrass, where I generally go of an evening.

Alone, I suppose? - Yes.

You do not usually spend your evenings there alone? - No.

Who was to meet you there? - I did not go to meet any body, nor had promised to meet any body.

Any company that might fall in your way? - Yes.

So as you was going along, a man called after you, and said, Sir, Sir, a man has picked your pocket? - He said, Sir, Sir, you in the blue coat, have you lost any thing?

Mr. Manley. Had you a buff waistcoat on? - No, Sir.

Mr. Garrow. Have you learned since who that man was that called on you? - Yes.

Who was he? - I believe he calls himself Coleman.

Now what do you think of his name being Caldwell? - Coleman or Caldwell.

But he was an entire stranger to you? - Yes.

You had never seen him before in your life? - I cannot say but I have seen him, but never to speak to him; as I may say I have seen you, but I do not know to my knowledge.

I do believe you have very often, and I am sure your friend Mr. Caldwell has very often? - I do not know to my knowledge.

Upon your oath, have you never seen him before? - I cannot swear that I have not.

Will you swear you have never conversed with him before? - Yes.

You have never been in his company? - To my knowledge I never have.

(The question repeated) - To my knowledge I never have, I will not swear it.

Now Mr. James, be like you may know a man of the name of Jones? - Jones, why I do not say but I might know.

William Jones ? - I do not to my knowledge.

That is the prisoner William Jones ; now what think you of Mr. William Jordan of Bilstone? - I do not know such a man; upon my oath I have not been at Bilstone a great many years; I served my apprenticeship there.

You never did know him? - No, Sir.

Have you lately, before this transaction, had any conversation with any body, about Mr. Jordan of Bilstone? - No, Sir.

Not a word? - No, Sir.

You did not know Mr. Caldwell before? - Not to my knowledge; there was another gentleman with Mr. Caldwell, Mr. Ashurst; I did not see any other man.

Do you know Mr. Ashurst? - I never saw him before in my life, to my knowledge.

These people have no connection with Staffordshire? - Not that I know of; I have had no talk with them about Caldwell.

About Bilstone, or Jordan of Bilstone, or Mr. Ashurst? - No, Sir, positively.

Do you know any thing of the prisoner beside this? - No, Sir, I never saw the man in my life before.

You know nothing of him at all? - No.

You know nothing of any connections he has in Staffordshire? - No, Sir.

Have you heard from any body whether this man the prisoner has been lately in Staffordshire? - No, Sir.

Not from any body? - No, Sir.

Then you have not heard that he is a witness against certain persons for a felony? - No, Sir.

And Mr. Jordan among the rest? - No, Sir.

Now what are you? - I am a buckle chape maker ; I live in West Harding-street in the city.

Whereabouts is West Harding-street? - It is very close to New-street, Gough-square.

How often have you been at Newgate? - I cannot say.

How often within the last five or six months? - I cannot say.

How many men may you have been to visit in Newgate upon different occasions? - God knows; I do not know; you may know better than me; I went to see one Wheeler and one Bridgens, he was there for coining I believe.

Now name one or two more of your frieds? - No more to my knowledge.

Upon your oath, have you been to visit nobody else? - No, Sir.

Am I to take that down from you? - Within these twelve months do you mean?

No, Sir; I am enquiring into the iniquity of your life; who else have you been to visit there? - Nobody else.

Do you swear that positively? - To my knowledge I have not.

Will you swear you have visited nobody else? - Will I swear it?

Upon your oath, have not you been at Newgate before either of them were in custody? - Yes, Sir.

To visit whom? - To visit one Ned Griffiths .

When was he there? - A twelve-month last March.

What was Ned? - He was a smith.

But occasionally used to amuse himself with making the King's coin? - I know nothing of that.

Do not you know what he was in custody for? - No, Sir; I have heard he was in custody for robbing one Captain Ogden in Gray's-inn-lane.

So Ned got into limbo, and he was convicted, and you used to visit him? - No, Sir; I did not visit him, I went to see him once.

What might carry you there? - To see him.

To see a great man in distress? - No, he was a little man.

Did you never go to Newgate before Ned Griffiths was in custody? - I cannot say; I never keep things in my head two or three years.

But you must recollect yourself a little; tell us one or two of your friends that were in custody before Ned? - I cannot say; I cannot recollect any more; I cannot say I ever was in Newgate before he was in custody; I will not swear it.

Perhaps you may have been in custody yourself? - Well, Sir.

Do you dare to give me that answer; have you upon your oath, or not? - Yes, Sir.

When Sir? - At the time that Griffiths was taken up.

And yet you have so bad a memory, that you do not know whether you was in Newgate before? - I was in Tothill-fields Bridewell, on suspicion of robbing Captain Ogden.

Perhaps you was tried for it? - As soon as Captain Ogden came to see me, he knew me; I paid his company six years in the Middlesex; and he went round to satisfy the Justice, that I was not one of them that robbed him; but I used to use the publick house hard by Gray's-inn-lane that Ned Griffiths used; Captain Ogden convinced

the Magistrate that I was not one of them that robbed him; I suppose I was in custody eight or nine days.

Was that the only time you have been in custody? - Yes.

Where was the publick house that your friend used? - I believe it was at the bottom of Fox-court.

Was it not in the very court in which Captain Ogden was robbed, was not there a back door into that court? - I was informed Captain Ogden was robbed in Bell court.

Was not there a back door out of your friend's house into the court where the Captain was robbed? - No, Sir; there is a back door comes into Bell-court, I was informed it was Charlotte-buildings.

Upon your oath, did not you say he was robbed in Bell-court? - I said, I did not know where he was robbed.

Had your friend a back door into Bell-court? - Yes, there was.

Have you ever gone out of that back door in your life? - Yes, Sir.

How lately before the Captain was robbed; how many minutes? - Not that night, I am sure of it.

You do not know Mr. Jordan? - No, Sir; not to my knowledge.

Will you dare to swear you do not know him perfectly? - Yes, I dare swear I do not know him perfectly; I never saw him; never was in company with him; never conversed with him; I do not know that he is in London.

Do not you believe that he is in one of the galleries? - I do not believe it, and I do not know it.

I do not ask you whether you know it; upon your oath do you, or do you not believe that he is in Court? - I do not know the man; he may be the man, or he may not; I do not know there is such a man in the world; positively I do not.

Do you know any such man or not; do you positively know any such man as William Jordan of Bilstone, in the county of Stafford? - I do not.

Do you now swear positively that you do not know any such man? - Yes, Sir.

You have had no conversation with any man about him? - No, Sir.

Neither with Mr. Caldwell nor Mr. Ashurst, nor any man, about a man of the name of Jordan? - No, Sir.

Perhaps you may know a man of the name of Pearson? - Pearson, I served my time with Harry Pearson .

Do you know such a man as John Pearson ? - I did, but he may be dead; it was many years ago.

How lately may you have had any correspondence with him? - I do believe he has been dead these six or seven years.

But with John? - He may be dead for what I know; I have had no correspondence with a man of the name of Pearson lately; Mr. Pearson is an agent to a man of the name of Jordan; Mr. Pearson is a little relation to me; I believe he is either my uncle or my cousin.

Which of these do you really believe he is? - They tell me he was my mother's brother; I left home when I was very young.

Pray now what relation may Mr. Pearson be to Mr. Jordan? - I do not know; I never heard they were relations.

You was a buckle-maker when you was in that trouble? - What trouble?

Captain Ogden's trouble? - Yes.

How often have you been a witness before? - Never, Sir; I never was in such a court as this before in my life, nor no other, to give evidence or be evidence.

Only to listen and get a lesson? - No, nor to get a lesson.

Where might you purchase that handkerchief? - I bought it in Fleet-lane.

Why man, upon your oath, have you never been a witness for any person accused of coining? - Never, Sir; that I positively swear.

Was any body with you when you bought this handkerchief? - No, Sir; I gave four shillings for it; it is almost new.

Pray did Mr. Caldwell or Mr. Ashurst meet you at this time that you was robbed, or did they overtake you? - I never saw Ashurst to my knowledge, only before the Justice.

Did Caldwell meet you, or did he overtake you? - He was behind me, he called after me.

Upon your oath, had not you been in company with Caldwell that very morning? - Upon my oath I had not.

Are you a married man? - Yes.

Who had been in your company at home that morning? - My wife.

Nobody else? - Nobody but a servant.

You keep a servant or two? - Only one servant girl.

And you saw nobody that morning to converse with, but your wife and servant? - No, Sir.

Nor the night before? - Not to my knowledge; I believe I spent my evening at the Fleece in Gough-square; I was going from the Fleece at that time, to the Adam and Eve at Pancrass; not by any particular appointment, merely for a walk, and to spend my evening.

Any tobacco or any thing of that sort in your pocket that was particular? - Nothing but my gloves and my handkerchief.

Had you observed the handkerchief particularly? - No, Sir; I did not think any thing about it.

Did you see any body with the prisoner at that time? - No; upon my oath I did not.

Did either Mr. Ashurst or Mr. Caldwell touch him before you saw the handkerchief? - No, Sir.

Now I will ask you upon your oath, did not you put your own handkerchief into the man's bosom, for the sake of drawing it out? - Upon my oath I did not.

Look at your own attorney, and answer the question if you dare? - Upon my oath I did not.

Who is your attorney? - That gentleman.

Who is he? - I never saw the man before last Tuesday in my life.

Where did you pick him up last Tuesday? - I was going to Epsom races, and I stopped at the Admiralty Coffee-house, Charing-cross, and I saw that gentleman there; I was talking about it to a friend that was with me, and this gentleman said he was an attorney; and I said I knew no attorney; and he said he would do my business for me.

So you engaged this attorney at the Admiralty Coffee-house; now tell us his name? - He informed me his name was Ashfield; he said he lived at the Coffee-house.

How often may you have met him? - I did not come from Epsom till Friday morning; then I called at the Coffee-house and saw him.

Did you know him at all before? - No, Sir.

Was Caldwell with you? - No, Sir.

You state, that by mere accident you fell into the hands of this attorney; then he never was a Worcestershire or Staffordshire attorney? - No.

So Mr. Ogden's matter was the only time you was ever in trouble about? - Yes, Sir.

Now just look round the Court, and repeat that answer upon your oath; was you never in custody except for Captain Ogden's business? - No, Sir; excepting debt.

Whose custody was you in for debt? - I was in the Poultry-compter; I suppose it is four years ago.

Do you know Townsend? - I have seen the man before.

I think you have; where did you get acquainted with him? - I have seen him about Covent-garden.

And that is all? - Yes.

Do you mean me to take that as your answer? - Yes, that is the only acquaintance I have with him; no correspondence, no dealings with him.

Then I dare say you will venture to swear, that you never was in his custody in your life for a foot pad robbery? - Never in my life.

Positively? - No, Sir.

Nor upon the suspicion of a foot pad

robbery? - Never; nor upon any other charge whatever.

Mr. JOHN CALDWELL sworn.

I was going across Clerkenwell green; I think it was Wednesday the 9th of May; and I think I saw this gentleman, who calls himself James, going before me; whether it was for fashion sake, or what it was, I do not know; but he had a red and white silk handkerchief hanging out of his pocket, and the prisoner snatched it by the corner out of his pocket, and the prisoner clapped it to his left side in his coat; I called to this Mr. James, and said, Sir, Sir; have you lost any thing? why no, says he, not to my knowledge; and he felt, yes says he, I have lost a handkerchief; says I, this is the man that has got it; I suppose there were twenty people by that saw me.

Did you search the man? - I saw Mr. James search him, and he took the handkerchief from his side pocket; I saw James put in his hand and take it out of his pocket; and I saw the prisoner before take the handkerchief out of James's pocket, or else I will suffer death; I know the consequence of an oath.

Who are you? - I am a distressed person at present; I have been a person possessed of property; a chief magistrate of this city knows who I am; he knows me very well if he is here; I was born within a few yards where he lives.

Are you sure you saw his hand, when he was putting it in his pocket? - I will not positively say that; at the Rotation Office they asked me if I knew the handkerchief? I said, it was very hard to swear to the handkerchief, but I believed it was the handkerchief; the prisoner said before the magistrate, he was not come there to be made a fool off, he could hang folks if he chose it; the Justice said he did not doubt it, because many of them sort of folks could hang one another if they liked it; Justice Girdler got up and asked him, he said he had an uncle at Billston, who was a man of property; he asked him after three or four different people, but he could give no account of either of them.

Mr. Garrow. You live in London? - I do.

And have done for some time past? - Yes.

You thought this a new fashion to carry the handkerchief in this manner? - Mr. Garrow, The way I know you, you was employed in an affair of Colonel Keyton ; you took my part then.

So you was going along quite accidentally? - Yes; as I do very often across the green.

You knew Mr. James a little before? - No, Sir, I never did, nor never met him any where; my character is as fair, and as clear as your's Sir.

So you was going on accidentally? - Yes.

You know nothing of Mr. James? - No.

Do you know Mr. John Ashurst ? - No, I never saw him before, so help me God.

Nor Mr. Ashfield? - I know the gentleman now.

Did not you know this gentleman. Mr. Ashfield? - I know him I no, I did not.

You had no acquaintance with him? - No, I rather believe he was employed as an attorney in our business.

If it is not an impertinent question, what country-man may you be? - Born in London.

Ever been in Staffordshire? - No, Sir.

Nor in Worcestershire? - I served seven years in the city of Worcester.

Then you was vastly glad of having an opportunity of saving a handkerchief for a countryman? - I knew nothing of him, I served my time in Worcester.

I dare say you knew Mr. Freeman the attorney? - No, Sir, I did not.

Never heard of his name? - I have heard of his name.

But you never heard of Ashfield? - The first time I saw him, was when we went to find the bill on this business.

You said just now, that you was a distressed

man? - Yes, I have been a man that have been possessed of a deal of property, I have run through it, and I have had an accident to put my arm out.

Where do you live? - In Mutton-lane.

You have lived there some time probably? - Yes.

How far is that from Field lane? - Why it is only the length of Saffron-hill?

Now do you know that handkerchief? - Why I would not swear positively to it.

You never saw it till you saw it hang out of the gentleman's pocket for fashion sake? - No; what profit or pleasure can I have to say that this man took the handkerchief out of this man's pocket?

I will tell you, it is to prevent his giving evidence against your friend Mr. Jordan in Staffordshire.

Do you know Billstone? - I never was there in my life.

You never heard of such a place? - Yes, I have heard of such a place.

May be you may have heard of Mr. Jordan who lives there? - I never did indeed.

Do you know a man of the name of Pearson? - No.

Has it never happened to you to have heard in conversation that it was a lucky thing that this sad dog was taken, because he was going to swear away the liberty of this Mr. Jordan of Billstone? - I do not, so help me God, nor against any other persons, nor never heard such a thing.

Have not you been acquainted with Mr. James for three or four months? - I never was acquainted with him before; I have seen him by coming to the Coach and Horses, in Mutton-lane, that I used.

You have been in the army I take it? - I have.

Mr. Egerton is what they call a crimp in the East India Company? - You may as well say a kidnapper.

That was the first time you saw Mr. James? - I never saw him above three times there in my life.

Was the last time you saw him a week, or three weeks before the time he had his pocket picked? - I think I saw him about a week before.

Who were the people that he supped with that evening? - I do not know that he ever supped in the house in his life.

Who did he drink with? - I do not know.

Had not you a drop with him? - I never drank with him till after this affair happened.

Who was his company at the kidnapper the last time he was there before he had his pocket pricked? - He had no company, he was there alone.

What country man is your landlord? - I do not know, I believe he is Worcester.

What way of life did you understand this Mr. James was in? - I did not ask him, I understood his name was James.

That was all you knew about him? - Yes; I said, Sir, Sir, have you lost any thing?

When he said he had not, you said yes, you have Mr. James, you have lost your handkerchief? - I did not say Mr. James, I did not know his name was James, I told you that I had seen him two or three times.

Then you have forgot what you said a minute ago, that you saw him take the handkerchief from Mr. James? - I did.

Do not you know that that puts an end to the capital part of this charge; why he will not be hanged; are you sure you saw him take it, or did you see it in his hand after he did take it? - I saw him as I told you before, snap it out.

Have you never been in Ashurst's company before? - Upon my oath, I have never been in his company before, I swear it positively.

You never drank with him of course? - Never in my life.

You do not know Mr. Jordan of Bilstone? - I do not indeed.

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

Reference Number: t17870523-98

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 23d of MAY, 1787, and the following Days;

Being the FIFTH 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 V. PART VII.

LONDON:

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

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 William Jones .

Perhaps you may know Mr. Pearson? - I do not

You told us of being in the army? - I have.

That is probably not the only profession you have been in, in your life, since you was a distressed man? - I have been a glover, and worked at my trade; I get my bread now by writing; I can write as well as any gentleman in the Court.

Perhaps you may have written the brief upon this occasion? - No, Sir, I did not.

Who was you clerk to as an attorney? - I do not tell you I was clerk to any attorney, I never wrote for any attorney.

Did you ever write for Mr. Waling, he is dead? - Yes, and what I wrote for him I was paid for.

How many years did you write for him? - I do not know, I have wrote for different people.

Name a few of them? - I have wrote for that gentleman that put up for coroner of this hall, I forget his name, he is an attorney in the Court of Exchequer.

Oh, Mr. Gosnell, that was clerk to Mr. Priddle! Did you write for him before or after he left Mr. Priddle? - I know nothing of Priddle, I only did three or four bills.

Do not you know Freeman? - I do not know him if I see him.

Have you never made any affidavit in the Court of King's Bench for Priddle, or Freeman or Ashfield? - Never in my life; I never saw him at the Admiralty coffee house.

Do you mean to swear positively that to this hour you never learned that this man had been at Staffordshire, or Worcestershire, and that he was to be a witness at the next assizes? - Upon my oath I never did hear it.

Neither from James, nor Ashurst, nor Pearson, nor Jordan, nor any other whatever? did you ever hear this prisoner was to be an evidence against Jordan, in Staffordshire? - No, Sir, I did not.

Have you never been in custody in your life? - Never indeed.

Did you go to Egerton's house after this thing happened? - No, Sir, never;

Yes, I have drank with James since this affair happened.

Very often? - No, he came when he was going from the Bell, and I believe we drank together than.

Was Ashurst with you then? - No.

Did you express yourself in some such way as this: well, we have done Jones at last? - No, Sir, I should be very sorry to say so.

Upon your oath, have you never said in conversation in Egerton's house, we have done Jones? - No, never, Sir.

Did you never say we shall now be rid of him? - No, Sir, never.

You have never said either we shall do Jones, we shall get rid of him, he will be hanged, or any thing of that sort? - No, I never did.

What militia was you in? - I was serjeant and clerk in the eighty-eighth regiment of foot.

Did you know James when you was in the army? - I did not indeed.

- ASHURST sworn.

I was going about my master's business about three weeks ago, I did not take notice of the day of the month, and I heard the last witness call out Sir, Sir, have you lost any thing? Mr. James looked round, and said, no, but putting his hand in his pocket, he said he had lost his handkerchief; the last witness said, this man has your handkerchief; Mr. James said, have you my handkerchief? and he denied it, and he felt in his pocket once or twice, and he did not find it, however, he put his hand into a side pocket, and pulled out a silk handkerchief; Mr. James took him to the Justice's, and I was there; upon his positive denial of the fact, the question was put to me, whether I did see Mr. James take the handkerchief out or not, I said I did; there was another gentleman offered to give his evidence on the same thing; the Justice said he was very well satisfied, and that my evidence would not have been required if he had not denied it; Mr. James was a perfect stranger to me before this, and his character was very much spoken against; I have enquired into it, and all that I hear is, that he is a very honest gentleman, and there is one man that takes on himself to swear that he was at the place at the time, and saw Mr. James put the handkerchief in the man's pocket; I am sure there never was so great a falsity; he said he thought it was a joke; after a few more words, he said he heard they were gone to the Justice's, and he was so struck that he could not go down, and that is the sum of what I have to say of the matter.

Mr. Garrow. Mr. James was an entire stranger to you? - Yes.

But you have enquired into his character, and you found he was a very honest character? - I never enquired into his character till I heard he was a great rogue; I found it a very good one as far as I know.

Did any of the people you enquired of tell you that he had been in the strong place, Newgate? - I have heard it intimated that he had been concerned with persons that have been hanged, since I have been at the door.

So you have heard this lately? - Yes.

Did any of these people tell you that he has been in custody for a robbery on Mr. Ogden? - No, Sir.

Did you know the Fooman in waiting, in Gray's-inn-lane? - No, Sir.

You do not know such a house, upon your oath? - No, I do not.

In Bell-court, or in Fox court? - No, I do not.

Do you know such a house in Feather's-court? - I came from the city of York; I am not ashamed of my country.

Was you acquainted with Caldwell at the time the robbery was committed; have you no connections with Worcestershire, or Staffordshire? - I have heard tell of these places, I have not heard of Freeman; James is a stranger to me, and I to him, before this happened.

What way of life may you be in? - I am a linen varnisher, such as they cover umbrella's with.

Perhaps you know Mr. Kegan? - No.

Did you never work for him in the preparing a balloon? - Upon my oath I never worked for any one in that branch, but Mr. John Middleton .

Who did you work for lately? - Mr. Middleton, in St. Martin's-lane, Charing-cross, I have worked for him since last Christmas was a twelvemonth.

What other business have you been in? - I was a hair-dresser with John Ledwood , Little St. Andrew's-street, Seven-dials.

Do you know Mr. Jordan, of Billstone, in Staffordshire? - No, Sir, I do not know Staffordshire, nor Billstone, nor Worcestershire.

Have you had any friends in Newgate lately? - I never was in any part of Newgate, unless this is called Newgate.

Do you know Mr. Jordan of Billstone, or a Mr. Pearson, or any body connected with him? - No, Sir, I think he said he came the day before from Birmingham.

Did not he tell you that Mr. Jordan, of Billstone, took him home, and made him drunk, put him to bed, gave him a new suit of clothes, and sent him to London? - I did not hear him say so.

Upon your oath you did not? - Upon my oath I did not.

Upon your oath, do not you know the fact to be so, that Mrs. Jordan sent this man to London, that he might not be a witness against her husband? - I know nothing about it, I never in my life heard so.

If I understand you right, this man said, Mr. James, I have not got your handkerchief? - He did.

James insisted upon it, then he said Mr. James again, I have not got it? - He did not call him by his name that I know of, if I said so, I was mistaken; I asked about his character of the gentleman where he was employed: I said that hearing a very bad character of Mr. James, I had enquired into it, and found he bore a very good character as a very honest man.

(Mr. Ashfield ordered out of Court.)

Court. Now remember you are upon oath, and do not get yourself into a scrape for any body, speak out the whole truth.

(James sent out of Court at another door.)

I will speak the truth as far as I can recollect, a gentleman came to me on either Wednesday or Thursday where I work, he was a stranger, that is the gentleman that stands up, the minister of Billstone, and a conversation took place between him and me; he said it was a piece of iniquitous business, and he said he thought Mr. James would be afraid to appear in Court; and upon that supposition I enquired of Ashfield with respect to James, and he said that James was a gentleman; and further than that, I heard the woman at the public house opposite to Hicks's Hall say she had known him for fourteen years; and as far as I understood he was what we call a gentleman.

What did Ashfield teld you respecting the prisoner? - I cannot positively swear, I wish to be cautious, but I think Mr. Ashfield said (on account of the gentleman's asking) that the prisoner was concerned in a trial in the country, and I spoke to Mr. Ashfield about it, and I think he told me he had been concerned in a robbery with people there, stealing lead off a house, and he turned informer, and so he supposed they wished to have him back to give his evidence; that is nothing but the truth.

Mr. Garrow. Did Mr. Ashfield tell you who it was that was charged as a receiver of that stolen lead? - No; that was all the conversation I recollect we had about it.

Who did he tell you he supposed wished to have him back to give his evidence? - He did not say who.

Did he tell you that there was a person charged as a receiver in that business too? No.

Now what did he say more, that if he gets back again, he will hang some, and

transport the others? - He did not say that.

What did he say would be the consequence of his going back? - He told me no further than what I have related that I recollect.

What did he tell you would be the consequence if this man escaped? - He never told me any thing that would be of consequence.

Did not he tell you that he wished to convict him of felony, did not he say it would be a sad thing if he should get back again to give his evidence? - No Sir.

Or that he hoped he would not? - No, he never said any thing about it positively, he never related any thing to me about the matter.

Did not he tell you what would happen? - No.

Did not he name to you a man of the name of Jordan? - Not that I recollect.

Will you venture to swear that he did not mention the name of Jordan? - I do not remember it.

Do you swear that positively? - I wish to be cautious.

Upon your oath did not he last Friday name the name of Jordan to you? - Then I give my oath that he did not, for I do not recollect it.

Did not he tell you that this man would go back and convict Jordan for receiving stolen goods? - No he did not, nor any thing like it, he said this man had turned an evidence.

Against somebody for receiving stolen goods? - No, I swear that positively.

Nor that any body would be convicted if this man got back again? - No Sir.

Now upon your oath, did not he tell you that the whole from the beginning to the end, was a scheme laid to cut off this man, to prevent his being a witness? - No he did not.

Nor any thing like it? - No.

Then you swear positively, that you did not collect from their conversation, that it was their wish to have cut off this man? - No I did not particularly.

Did not you understand it so? - I did not, I understood so far as this, that if the man was tried and convicted, it might prevent him going back into Staffordshire to give evidence, but I did not suppose it was done entirely for that.

Then did not you understand as one good effect of it, it would prevent him from going back to give evidence? - I understood their view in prosecuting the prisoner was for stealing a handkerchief, and that it certainly would tend for the good of society.

Both by convicting him, and by hindering him from going into Staffordshire? - I never recollect that.

Court. I shall begin to change the opinion I entertained of you, I will read you what you have sworn this very minute,

"I did understand that if this man was convicted it might answer the purpose of preventing him from going down into Staffordshire to give evidence? - That is as I understood it.

Upon your oath did not Ashfield expressly tell you, that if they were not able to convict this man, that Jordan would be obliged to leave the country? - No nothing like it.

And if he was not convicted he would go back and be a witness? - No, I collect that from the circumstances of the case, not from what they said; I do not know that he was a witness in the country but from them, he never said he was a witness against any body.

Court. I will read you what you have said, Mr. Ashfield said he heard this young man had been concerned in an affair in the country, and had turned evidence, and that Ashfield told you the prisoner had been concerned with some people that had been stealing lead, and had turned informer, and he supposed they wished to have him back to give his evidence? - Yes Sir.

Do you know, except from James or Caldwell, or Ashfield, that this man was to go back to be an evidence against Jordan? I understood from them, as they related the affair to me, that if this man was set at

liberty, he would certainly go into the country and give evidence against them.

Mr. Manley. Have you seen any other person upon this business before you saw Ashley, have not you seen this gentleman? - That is the gentleman.

When did he call upon you? - I believe it was Wednesday or Thursday, he asked me if I knew one Jones and James, and I said yes, I told him where they worked, but I found I had mistaken the people, I told him what I knew, and he said they had an affair, or a cause, or a trial in the country, and that the man was a witness, and that made him enquire.

Did you say any thing to this Ashfield about this mans' being a witness before he said any thing to you? - I did, and he told me that the prisoner was concerned in an affair in the country for stealing lead.

Mr. Garrow to Mr. James. Upon your oath, was not you taken up upon suspicion of being concerned with Sophia Pringle for a forgery on the Bank? - No Sir, I was in custody with a man who calls himself Atkins for about an hour, he took me to Bow-street, but the magistrate took my word, and I attended the next day at the Solicitor of the Bank's house.

Did you go to visit Sophia Pringle in Newgate? - No Sir, I did not know her.

I believe you frequent the playhouses a good deal? - When I take a fancy to go I go.

Then you get in as I do, by paying your money? - Yes, I never go in without paying.

Do you mean to swear that when you go and offer to pay, you do get in? - Yes Sir, mostly.

Then upon your oath you never have been turned away as a common pickpocket? - I have been turned away with others by the constable.

Are you not frequently turned back as a common pick-pocket from the door of the theatre? - Never to my knowledge.

Have you never been turned back? - Yes.

How often last season? - I cannot say.

Are not you as regularly turned back as you are seen by a constable that knows you? - I do not know the reason of that.

Have you ever got admission when the constable was present and saw you? - Yes.

What constable? - I do not know.

Has not that man who stands within two of you, turned you back with ignominy and disgrace, perhaps he can prove it, has not he turned you back as a pickpocket? - Never.

Has not Townsend turned you back often? - Yes.

What reason did he assign? - I do not know.

Upon your oath do not you know, has not he said to your teeth that you was an unfit man to be there? - No never.

Has not he accused you of being one of the gang? - No.

Who do you live with in East-Harding-street? - With a woman to be sure.

Favour us with her name? - Why she goes by my name.

How long has she gone by your name? - Half a year.

What was her own name? - Hyser.

Perhaps you know the man that was convicted at that bar on Saturday last? - No Sir, upon my oath I do not know any man that has been convicted in this court this sessions.

Do you mean to say that neither Townsend nor any other man has turned you back, and said you was a notorious pickpocket? - They have turned me back, but I do not know what for.

How often have you been sent back in the course of the last season, have you so few as two or three times a week? - I do know what I was sent back for.

Court. Do you know what office Townsend belonged to? - Yes.

Did you ever complain to the magistrates of his misconduct for turning you back from the play-house? - I do not know that ever he did turn me away, he has called to me to go away, and I have gone.

Do not you know Barrington very well? - No Sir.

Have you never been in his company since he was discharged from this place last? - I never was in the company of George Barrington in my life to my knowledge.

Mr. Garrow. I have a vast number of witnesses from Staffordshire and other places.

Court. Gentlemen of the Jury, if you have any doubt I shall call on the learned gentleman for his witnesses.

Jury. We cannot have any doubt my Lord.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-99

548. JOHN WARD, alias SPOONY JACK , ALEXANDER BELL , and THOMAS PORTER , were indicted for feloniously assaulting Lazarus Moses , in the dwelling house of Mary Cannon , on the 7th of May last, and putting him in fear and danger of his life, and taking from his person and against his will, five shillings in monies numbered, his monies .

A second count for feloniously making an assault on the said Lazarus Moses , in a certain dwelling house, on the same day.

(The witnesses examined apart.)

An interpreter sworn.

LAZARUS MOSES sworn.

I was robbed in a two pair of stairs room last Monday was a fortnight, about ten or eleven in the morning.

What house was it in? - I do not know.

Where was it? - I do not know.

What part of the town? - Not far from Chick-lane, but I cannot name the place.

How came you into that house? - I call clothes, and a girl stood at the window and called me up; I did not willingly go the first time, because I was afraid; I saw it was a very indifferent house.

Did you go up stairs? - Yes, she said do not be affraid, I have a gown and petticoat and some more things; I asked how many pair of stairs, she said two; when I went up three men rushed upon me, and one man stood directly before the door, they said, have you got any money? I answered if you have got clothes I have got money; one directly took a knife and says d - n your eyes, give your money, and he came to me directly with his knife to my throat, so I took my bag and held it up to my throat.

What did you say to them when they said they would have your money? - I would not willingly part with my money, I said I had none, I wanted to call murder, and the third man held my mouth shut, one cut my finger, and one that stood at my left hand hit me on the arm with his hand, and my hand began to pain me, and I let my bag fall; I says stop, I have got five shillings in my pocket, I will give it you; I had five shillings in one pocket, and four or five pennyworth of half-pence in the other, he said you must give us more money, and he cut me over the head, I suppose he meant to aim at my neck, but he cut me over the head, through and through my cap, after that he said give more money, I said I have no more, the girl said your people commonly have plenty of money; I said by God I have got no more. I saw they took the knife again to aim at me, and I found I was in danger of my life, then I gave one of them a throw away from me, and I wanted to run to the window and call murder, after that, they took and threw me all down the stairs, and had like to have broke all my limbs, I gave the five shillings to one of them, but I do not know which; I found myself very ill used.

Are you sure you gave it to any of them? - Yes, but I do not know which.

How much money had you in your

pocket? - Five shillings in one pocket, and five pennyworth of halfpence in the other, I had no more, I said you may search me; if I had had 20 l. I should have given it to them, because I was in danger; after they threw me down stairs, I made the best of my way for fear I should be murdered in the dark; they threw me down part of the stairs, and the rest I went down myself; I do not know whether I flew in the fright I was in, there was a great mob of people before the door, they asked me what was the matter, I made as many motions as I could, and shewed I was robbed, and said I would give any body six pence to fetch a constable, a girl said she would go; when I was up stairs they were two of them without coat or waistcoats, but afterwards they came down in their clothes; I laid hold of one, and said master, stop give me my money, all the people round saw that, then he laid hold of a stick and beat me over my head, and made another hole in my head, then the blood began to pour from me, for all that I kept him fast, then he hit me over the head again, and I was forced to let him go; I fell, my hat, cap and bag and all fell, then the people brought me my things, and wanted to take me to the doctors, I had no strength to give them an answer; I staid there a few minutes, I did not know how to help myself till a Jew came to my assistance.

Court. Why would not you give your evidence in English? - I cannot hold a discourse but I can speak a few words.

What language did you speak to these people in the room? - The few words I did speak were in English, they would not let me speak, some few words I know but I cannot speak them plain, they spoke English to me, I understood them, they said give me money directly, how much money, have you any more, and I understood all that.

Mr. Sheridan, Prisoner's Counsel. How long is it since you forgot to speak English? - I have been only a year and a half here, I am an old man, I cannot take the language quick.

Did the woman or man speak very good Hebrew? - She said no more than clothes, come up.

In what language did she speak to you, that she had a petticoat and gown to sell? - In English.

In what language did she say, that in general, your people has plenty of money? - In English.

In what language did you reply that you had no more than five shillings in silver, and five pennyworth of halfpence? - In English.

Why will not you hold a conversation with me now in English, as well as you did with the prisoners? - In the bargaining for clothes, some words I knows.

Where would you have got the sixpence to send for the constable? - I told the girl I would give it her afterwards, because I knew I had not so much; I said the same before the magistrate.

Did you never say you had lost five guineas, and you had forty more about you? - I did not say a halfpenny more.

Did not you at another time swear, since this affair happened, that you had lost no money at all on any occasion? - No.

Did not you seize on one of them when you saw them dressed, and say he was one of the persons? - He was the first that came down stairs.

Would you have laid hold of any man that came down stairs? - I would have laid hold of any of the three.

Did you know that man to be one of the three? - Yes.

Did you ever hear that there was a reward for apprehending highway robbers? - No.

Are you a German? - A Polander.

Have you not a view in this prosecution to share this reward? - I know nothing about that, and nobody at the Justice's office told me that.

Did you ever hear of it? - I did not hear any thing of it; all that I heard was,

they told me, something about forty pounds, and I was to go against the prisoner.

Would not you be very glad to get forty pounds a piece for each of these prisoners; would not you take it now? - If it was to come to my share I would take it, I would not throw it away.

Court. Who was it told you you would get forty pounds, if you would go against the prisoners? - Upon my oath I have not heard any thing of the kind from any body.

Why you have this moment said so? - According as my law is, if forty pounds comes to my share, I would take it.

But you said just now that they did tell you something about forty pounds, if you would go against the prisoners? - No, my Lord, I was bound in forty pounds that I should go against the prisoners.

Did you never hear there was a reward of forty pounds? - From whom should I hear it.

Do not you know it now? - I know know nothing about it.

When were these men taken up? - One was taken up the Tuesday following, I did not rightly know him, so I could not swear to him.

What was done with that man you would not swear to? - I told them to clear him.

What was done with him? - Afterwards there came a witness against him, then they took him at twelve o'clock.

When were the other men taken? - One was on the Friday.

When did you first see him? - One of the thief takers came to me and said, we have taken one of the men; I said I could not go, so they took me in a coach, and paid eighteen-pence for it, for I had not eighteen-pence of my own to pay for it; I knew the man directly.

What is his name?

Mr. Akerman. Thomas Porter .

When was the other taken? - I do not know when they took the other, but they ordered me to come before the magistrate on Saturday at six o'clock, and they brought him there, and I knew him directly too. [Mr. Akerman. His name is Alexander Bell .] I laid hold of him directly below stairs, and he was the only man that beat me the most below stairs.

Who was it that had the knife? - In the fright I was in I do not know which; one of them that was in his shirt, without a hat or waistcoat, had the knife; but I do not know which it was.

Then John Ward was taken on the Tuesday? - Yes, but I did not know him, therefore I would not swear to him.

Do you know him any better now? - No, I cannot swear to him.

Are you quite positive as to the other two? - As to the other men I am sure of, quite sure.

WILLIAM CLARKE sworn.

I saw the affair below stairs; I keep the Balloon, some yards off; it was in Blue-court, Saffron-hill, in the house of Mary Cannon , as they call it, she only lodges in the house.

Has she the house? - No, she has not; it belongs to one Lacey, who lets them all out in tenements throughout the court, and this was Mary Cannon 's room; it was between eleven and twelve on a Monday, when first I heard the disturbance in the court; and the first thing I saw was three men come down stairs; I saw the Jew sitting in the court on his bag, opposite the door; I can only speak to two, that is Bell and Ward; I kept my eyes particularly on Bell; I am as sure of Ward as I am of Bell; Bell was the only man that beat the Jew; he had a stick with several prongs in it; I cannot justly say what he beat the Jew for, he went up to him directly; I did not hear the Jew say a word; I was twenty yards off I suppose; the Jew was up when I came to him, he was talking to a little boy.

Did you observe whether the Jew had been hurt, or any thing had happened to

him? - I did not observe that he was hurt, or any thing the matter with him, only seeing a mob around him.

Did he complain of any thing before the three men came down? - Not as I heard; they went up to him, and Bell was the man that struck him with a stick; I did not hear the Jew say any thing to him before he struck him; he beat him very bad indeed; I heard Ward say, d - n your eyes, leave off, you will kill him; none of them struck him but Bell; Ward went to rescue the Jew away, and got one blow over the head, and one over the arm; he got him rescued, and after that they all three went up the court together; then I went up to the Jew, to persuade him to go to the doctor.

What did the Jew complain of at that time? - I could not understand any thing he said; I could not make him understand any thing about going to the doctor; he put his hand to his head when I was begging somebody to take him to the doctor.

Did he complain of having lost any money or any thing? - He said something about money, but I could not understand his language.

Mr. Sheridan. Did the Jew appear to you when you first saw him to be frightened? - Yes.

Was not he saying something to Bell to provoke him to strike him? - He might.

Did you hear the Jew cry out murther or thieves? - No, there was no croud about the Jew, but a parcel of children, and whores who live in the court.

MARY CANNON sworn.

Are you the young woman that called the Jew up? - Yes; I was looking out of the window of my lodgings, I saw the Jew crying clothes, and called him up; it was some time before he would come; I told him I had a gown and petticoat to sell; as soon as I saw him coming up, I shut the window down; the young woman that was in the room, asked me who I was calling up; I told her a Jew, to make a bit of fun of.

Who was that young woman? - Her name is Ann; but I do not know her other name.

Who was in the room besides that young woman? - The three prisoners; the Jew came up the stairs, and came into the room; as soon as he entered the room, the three men that were there shut the door, and they all went round him, and he began to sing out murder; in screaming out murder, John Ward took the knife which lay on the table; then the Jew went to the window and lifted it up, and called out murder, and the three men went after him, and shut the window down again; I opened the door in the mean, while, and the Jew went to the door, and they pushed him down about a dozen of the stairs, and he went down stairs, and he called out murder; I did not see them cut him, only hold a knife to him.

Did they take any thing from him? - I did not see them take any thing from him; I did not hear a word said about money.

Upon your oath, young woman? - I did not, indeed, I do not know what they gathered round him for.

Upon your oath did not they demand his money? - I did not hear them demand any money, nor see any money given; and in my room he did not say he had lost any money, I am positive of that.

Had you any gown and petticoat to sell? - No, Sir.

What did these three men attack him for? - Upon my word I do not know, upon my oath I do not.

Will you swear there was nothing said about money in your room? - Yes.

Will you swear there was not? - Yes, Sir, I can; there was no mention of money, nor did I see any money.

You swear that? - Yes, Sir, I will.

Do you know, young woman, that you are liable yourself to be prosecuted for this felony? - I know nothing at all

about the money, neither did I see any money.

You was admitted an evidence on condition of your speaking the whole truth? - I have, Sir, as far as I know.

Take care, recollect yourself, and speak out the whole truth? - I know nothing of the money, I neither saw the money, nor did I hear the men ask for any money.

You venture positively to swear that? - Yes, Sir, indeed I can.

Court. Do not let this young woman go out of Court till the trial is over.

RICHARD WILLEY sworn.

I am only the apprehender of one of them; I know nothing of the fact; I only heard the examination.

Which of the prisoners did you hear examined? - The middle one, Spooney Jack.

Was his examination taken in writing? - Yes, the confession only.

JAMES LEGGATT sworn.

I am an officer in Saint Andrew's parish; the Jew, who is known by the name of Lazarus Moses , made application to me that he was cut and robbed; I went with him to the house, and found the girl in the room, where he said he was robbed; I only took her into custody.

DUGLASS WEIR sworn.

I apprehended the prisoner John Ward in company with Willey; he did not say any thing.

JOHN NEWMAN sworn.

I only apprehended Bell on the Saturday morning, about a quarter past one in Beech-lane; he said nothing about this, he said his name was not John Bell ; I took him to the watch-house.

Joseph Saunders called, but did not appear.

Prisoner Ward. I leave it to my Counsel; I am innocent.

Clarke. Ward certainly saved the Jew's life.

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

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

PRISONER BELL's DEFENCE.

I knew this man when he was apprentice to a chair-maker; he asked me to have a bit of holiday; I called, and had not been there half an hour, before this Jew came by; the girl called him up, and one of the men got hold of his beard; says he, I believe that is a nanny-goat; the man cried out murder, and said, you assault me; the man went down stairs, one of them gave him a bit of a push; I never stirred then; when he came down stairs, Bell came up to him, and he laid hold of his coat.

The Jury retired for a quarter of an hour, and returned with a verdict

ALL THREE NOT GUILTY .

Court. Prisoners, you have been extremely fortunate in the caution that has been used by the Jury in this case, which I am far from blaming: for in a case where any degree of doubt occurs, whatever reason there may be to suspect the guilt of parties, it is always safest to lean on the side of mercy; where any real and substantial doubt occurs: but there are such circumstances proved, that whether you are or are not guilty of the robbery, it is perfectly clear, that you and your associate, that worthless woman there, decoyed this poor man, if not for the purpose of robbing, clearly for that of grossly and cruetly ill-treating him; that is an offence punishable by law, though in a different way; therefore I shall think it my duty, that you should be brought to punishment for that offence; and I shall therefore commit you to Newgate, till you can find bail for assaulting and ill-treating this man; in this case, for the encouragement of those who may have been guilty with their associates, but have shewn some compassion on the person whom they have

robbed, I shall except Ward from that order; and as there is not so much evidence of activity against Porter, I shall confine the activity against Bell, who is clearly guilty of a violent and cruel assault. Let Porter and Ward be discharged; and let Bell be detained, in order to take his trial for a misdemeanor.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870523-100

549. ELIZABETH WATSON, otherwise called ELIZABETH DAVIS , was indicted for obtaining goods from John Wilkinson , by false pretences .

JOHN WILKINSON sworn.

I live in Cock-court, Ludgate-hill , I am a Woollen Draper ; I know the prisoner perfectly well; on the first of December last, she came into my shop, saying she wanted to look at some raven grey cloth for mourning; I shewed her two or three pieces; she said one of them would do very well, and she should want seven yards she believed; she then said she was the wife of Captain Pearce, who lived near the King's-head, at Stratford, and one suit was for the Captain, and the other for his friend; and she then said her husband had been a customer to Mr. John Sloan , of Johnson's Court, Fleet-street, and he was deceased, and that in consequence of that Mrs. Sloan being left with a small family, her husband had agreed to employ Mrs. Sloan; she then described Mr. Sloan's family, particularly the eldest boy being lame; I then asked her, if she had seen Mrs. Sloan since the death of her husband; she said no, she had not; I asked her if she had seen the Daily Advertiser, in which Mrs. Sloan solicited the favour of her husband's customers; she said no, she was told of Mr. Sloan's death by a fishmonger, at Temple-bar, whom she was intimately acquainted with; she then said, that the Captain and his friend would each want a great coat, and she looked at something for those great coats; though she said she would let them alone; she wanted two suits for two boys at a broarding-school, but she would not have that mourning, for it was not worth while to put boys in mourning, particularly as they were at school; then I shewed her coloured cloth, she pitched on one for the boys, and asked me if three yards would do, describing the size and age of the boys; I told her I believed it would take three yards and a half, and she agreed with me for three yards and a half of superfine cloth, at eighteen shillings per yard; I told her, I would send down this three yards and a half by the Stratford coach, or by a Mr. Short who conducted the business for Mrs. Sloan, and I was to wait on the Captain and his friend the next morning; she said, the cloth for the boys would be wanted directly, it must not be sent to Mrs. Sloan, she was not to make them; she said she had a coach waiting on Ludgate-hill, and she would take the cloth with her; I then packed up the cloth, and went with her, and delivered it to her in the coach; I

was to send my bill to Captain Pearce the next morning for the grey cloth, and I was to send the grey cloth, and Mr. Short was to take up at my house after he had measured Captain Pearce's friend; after I delivered the cloth to the coach, and the coach was drove off, I took my hat, and went to Mrs. Sloan; I did not see the prisoner again till she was before the city Magistrate.

You did not get your bill paid the next day from Captain Pearce? - No, I never heard any more of Captain Pearce.

What two boys did she want the clothes for? - I understood them to be the boys of Captain Pearce.

ANN SLOAN sworn.

I am the widow of John Sloan ; he was a taylor; I do not know a Captain Pearce, of Stratford, to my knowledge my husband had no such customer; the prisoner was at my house the first of September, and said she was the wife of Captain Pearce, at Stratford, and she wrote this card. (Shewn to the Court.) She came to bespeak a riding habit for herself; she said she was the wife of Captain Pearce of Stratford.

Did she tell you any thing of your husband having worked for Captain Pearce? Yes, she said about two years ago; she said, I must send some body to Stratford in the morning, to measure her for a riding habit, and Captain Pearce for some clothes; she said she would call again, but she never did.

Court. Did your husband keep regular books? - Yes, for any thing I know, Mr. Wilkinson has his books; he was whole and sole executor at the death of my husband.

WILLIAM BANTOCK sworn.

I live at Stratford; I have lived there seventeen years.

Do you know a Captain Pearce that lives there? - No.

Have you any opportunity of knowing who lived in that neighbourhood - I was overseer of the poor last year; I know the inhabitants of that neighbourhood well; I know of no such person that lives in that neighbourhood or near.

I suppose you take account as overseer of course of house-keepers only; you do not take account of lodgers? - No, only of housekeepers.

But are you well acquainted with lodgers in the neighbourhood as well as housekeepers? - I cannot say for lodgers, but I do not know of any such person.

If such a man of the description of Captain Pearce, a gentleman of some property, with a family, had lodged there for any time, should you have been likely to have known him? - I certainly should have known him, if there had been such a person in the neighbourhood.

THOMAS BLACKBURNE sworn.

I am a carpenter; I live at Stratford; I was constable one year some years back.

Were you in any parish office last year? - No.

Whereabouts do you live at Stratford? - Within two stones cast of the King's-head.

Do you know a Captain Pearce there? - I do not know any such name.

Do you know the prisoner? - I know her by sight very well.

Where did she live when you knew her? - She lodged at my house.

When? - It was a twelvemonth ago last Friday since she went from our house; it was the second day of Bow-fair; she lodged at my house three weeks to the best of my recollection.

What name did she go by? - She went by the name of Dixon.

Not by the name of Pearce? - No.

Did you ever hear her say any thing about a Captain Pearce when she lived at your house? - No, she spoke of her husband that was down in the country, and she said he was an usher, and she expected him up.

This is the same woman? - Yes, and very sorry I am to see her there; I thought she had been a different woman.

JOHN BATT sworn.

I live at the King's-head, Stratford; I do not know a Captain Pearce in that

neighbourhood; I know the neighbourhood well.

Have you known any such person there for a twelvemonth past, or any time before that? - No, I have kept the King's-head for above eight years.

Do you know the prisoner? - Yes, I think I have seen her at my house.

At about what time? - About last Whitsuntide was twelvemonth, but I cannot tell what name she passed by; I know nothing of this business.

(The direction read, which was written by the prisoner at Mrs. Sloan's) To Mr. John Pearce , near the King's-head, at Stratford.

PRISONER's DEFENCE.

I know nothing relating this matter all, they take me for a different person I am quite sure.

Court to Mr. Wilkinson. Are you quite sure this is the person that obtained the cloth from you? - I am quite sure, I am perfectly clear I saw her when she was first taken up.

But at the time that she applied at your house, had you an opportunity of observing her so as to know her again? - Sir, she was half an hour in my shop; it was between twelve and one at noon day, and I went with her to the coach; I am quite clear that she is the person.

GUILTY .

Court to Prisoner. I am extremely sorry that your conduct puts it out of the power of the Court, to shew you that lenity that they might otherwise incline to do; but you are the same person who about two years ago was sentenced to be imprisoned for six months; it is the duty of the Court on a second conviction, certainly to pass a severer sentence than that of the first; and the sentence of the Court is, that you be

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17870523-101

550. WILLIAM ATHILL was indicted for wilful and corrupt perjury , on the trial of Thomas Taylor , at the Old Bailey .

(Mr. Knowlys opened the indictment, and Mr. Silvester the case.)

Mr. Hodgson, the Short-hand-writer, having read the evidence given by the prisoner, an objection was taken by Mr. Fielding and Mr. Garrow, counsel for the prisoner , arising on a mistake in the indictment, the prisoner was ACQUITTED .

Reference Number: t17870523-102

551. PHILIP JAMES was indicted for receiving a pair of leather shoes, value 3 s. the property of Thomas Hatfield , lately stolen by a certain person, knowing them to have been stolen .

GUILTY .

Whipped and imprisoned three years in Newgate .

Reference Number: t17870523-103

552. JOHN BURKE was indicted for obtaining money by false pretences .

There being no evidence, the prisoner was ACQUITTED .

Reference Number: t17870523-104

553. DAVID JONES was indicted for obtaining goods by false pretences .

GUILTY .

Whipped , and imprisoned six months in Newgate .

Reference Number: t17870523-105

554. JAMES HAYWOOD was indicted for receiving, on the 19th of April , a quart pewter pot, value 18 d. and seven pint pewter pots, value 3 s. 6 d. the property of William Rawson , unlawfully stolen by some wicked person, knowing them to be stolen .

GUILTY .

Sentence respited .

Reference Number: t17870523-106

555. MARY SMITH and SARAH NEALE were indicted for putting off a bad sixpence .

BOTH GUILTY .

Imprisoned six months in Newgate .

Reference Number: t17870523-107

556. MARY JAMES was indicted for wilful and corrupt perjury .

NOT GUILTY .

All the Misdemeanors were tried by the second London Jury before Mr. RECORDER.

Reference Number: o17870523-1

504. ELIZABETH STEEL was indicted for stealing a silver watch ; but she appearing to be deaf, the Jury were sworn to enquire whether she stood mute wilfully and of malice, or by the visitation of God.

- ONLY sworn.

I am a surgeon; the session before last, when she was brought here, I understood she was deaf; I was informed by herself that she had a fever in Clerkenwell Bridewell, in consequence of that this deafness ensued; I have since seen her at different times; and sometimes she would not hear, or could not hear; she was in the middle ward; I suspected the persons instigated her to continue in the deafness, by saying, she would be starved up stairs; and one of the questions I put to her was, how she came to be there; she said, she was only just come down and would return immediately.

Court. She knew she was ordered to remain above? - Yes.

Then do not you conceive that as soon as you come in, she might without hearing any question you asked her, justify herself for being there? - She certainly might; there was a conversation passed when I examined her upon her deafness how it originated; she seemed to understand my question then.

Have you examined her ears at all? - Yes, and given her something to drop in; and she had something in her ears; there is no particular appearance; I have been told by the people that there is sometimes a hemorrhage at the ears, as well as at the nose; the prisoner said it was owing to what somebody gave her; the ear is intricate, but as far as the eye will reach, there is no appearance to account for the disease, and sometimes she appeared to understand my questions.

JOHN OWEN sworn.

I have tried several times whether this woman is deaf or no; I have talked to her, but I never could have an answer from her; she generally looked rather stupid when she saw me speaking; I never had any reason to believe she heard me; she has been in confinement ever since February; I have been there when she did not see me, and I never heard her answer the other prisoners.

Who supplies this woman with her victuals? - When the bread is delivered out, the wardswoman delivers it to every prisoner; when there is any meat and bread given, she gives it them; that woman is a convict.

RICHARD COXFORD sworn.

I have frequently spoke to this woman but never received any answer; I do not think she understood me.

Mr. Under Sheriff Allen and Mr. Akerman, both said it was the general opinion she was deaf.

The Jury gave their verdict.

Mute by the visitation of God .

Ordered to remain till next session.

Reference Number: o17870523-2

John Henry Aikles and John Moffat were set to the Bar, when Mr. Justice Ashurst delivered the Opinion of the Twelve Judges, on their Cases, as follows.

John Moffat , you was indicted here at a former sessions, for uttering as true, a forged acceptance, purporting to be the acceptance of George Peters , on a bill of exchange, knowing it to be false; it was dated,

"Navy office, the 21st of December,

"1786. Sir, seven days after date,

"please to pay to Mr. John Moffatt , or

"his order, the sum of three pounds and

"three shillings, and place the same

"to the account of, Sir, your obedient

"humble servant, Walter Stirling :

"Accepted, George Peters . Directed

"to George Peters , Esq; Bank of England.

"Indorsed John Moffat , now surgeon

"of the Scipio Guard Ship, Sheerness." The fact of the forging this acceptance was fully proved, but a doubt was made on the case, whether under the particular circumstances of this case, you was liable to be found guilty of the crime of forgery: The Judges have consulted on your case, and they are of opinion, that as this fact was committed before the expiration of an act of Parliament, in the 17th year of his majesty's reign, but which is since expired; that this note if real would not have been of full validity, and in that case, the forging of it was not a capital offence; the consequence is, that the judgment must be staid, and that you will be entitled to be discharged ; but I would not have you flatter yourself, that this is a practice which you can with security be guilty of in future, for the act of parliament is expired, and the offence remains as before; therefore you will do well to get some honest method of obtaining your livelihood. Let him be discharged.

Reference Number: o17870523-3

John Henry Aikles , you was indicted at a former sessions, for falsely making, forging, and counterfeiting a promisory note, bearing date, the 18th of December, 1786, the tenor of which is,

"London,

"December the 18th, 1788. Three

"months after date, I promise to pay to

"H. Byron, Esq; or order, twenty-five

"pounds ten shillings," with intent to defraud Robert Harvey Gedge, against the statute. The circulation of this note was very fully proved by evidence, and the party going to the place of your supposed dwelling, that you answered to the name of John Mason, and said, that note was your making: the Judges have been consulted on your case, and they are of

opinion, that under the particular circumstances that occurred thereon in evidence, the indictment was not maintainable; therefore the judgment must be staid ; but it is necessary for me to remind you, that the course of life you have led is likely to bring you to an untimely end. You are to be remanded under your former sentence.

Reference Number: o17870523-4

Mary Long capitally convicted in October sessions, received his Majesty's pardon, on condition of transportation to the Eastern coast of New South Wales, for the term of her natural life.

Reference Number: o17870523-5

Mary Walker capitally convicted in February Sessions, received his Majesty's pardon, on being transported to the same place for fourteen years.

Reference Number: o17870523-6

Mary Atkinson , capitally convicted in January sessions, received his Majesty's pardon, on being transported to the same place for seven years.

Reference Number: s17870523-1

The Trials being ended, the Court proceeded to give Judgement as follows:

Received sentence of death, 9, (viz.)

George Hyser , George Ellison , John Lawson , James Thomas , Daniel Brown , Christopher Cousins , James Cunningham , Samuel Toomes , and William Ellicott .

( William Billings being sick, was not brought up.)

To be transported for 14 years. 2, (viz.)

Daniel Hands , Joseph Lomas .

To be Transported for seven years, 43, (viz.)

John Evans , William Stone , Elizabeth Farrell , Thomas Elveston , alias George Fenby , George Watson , alias Pinckney, John Williams , John Morgan , William Howell , William Sunfield , John Watson , Thomas Scott , William Rowley , John Gordon , Mary Stewart , Thomas Peters , Mary Nash , James Jacobs , John Padmore , Robert Johnson , John Leaper , James Rose , Mary Dawson , alias Bray, Sarah Grimes , Elizabeth Johnson , Jonathan Tucker , Thomas Geary , John Dawson , James Coates , Joseph Saul , James Kearns , Murty Cairns , Joseph Slack , John Stratton , John Burne , John Small , Isaac Farmer , Thomas Bezar , William Smith , Thomas Rudd , William Mackay , Samuel Longley , John Hetherington , and William Willis .

To be imprisoned six months, 6, (viz.)

Mary Henderson , George Limpson , John Jackson , John Langston , Sarah Doust , alias Gardner, John Baker , and Thomas Wells .

To be publicly whipped, 9, (viz.)

Thomas Hughes , George Simpson , John Jackson , John Langston , Edward Wright , William Jenkinson , John Baker , Richard Smith , and John Mulford .

Reference Number: s17870523-1

Mary Long capitally convicted in October sessions, received his Majesty's pardon, on condition of transportation to the Eastern coast of New South Wales, for the term of her natural life.

Reference Number: s17870523-1

Mary Walker capitally convicted in February Sessions, received his Majesty's pardon, on being transported to the same place for fourteen years.

Reference Number: s17870523-1

Mary Atkinson , capitally convicted in January sessions, received his Majesty's pardon, on being transported to the same place for seven years.


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