Old Bailey Proceedings, 11th July 1787.
Reference Number: 17870711
Reference Number: f17870711-1

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 11th of JULY 1787, and the following Days;

Being the SIXTH 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 VI. 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 JOHN WILSON , one of the Justices of his Majesty's Court of Common Pleas; JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

John Patrick

Robert Savage

Stephen Ponder

Richard Bennett

William Baker *

* Thomas Smith served the fourth day in the room of William Baker .

John Smith

Andrew Wright

William Spencer

John Sells

John Williams

Robert Nelson

Edward Smith .

First Middlesex Jury.

Isaac Smith

John Hobcroft

William Yelverton

William Jacobs

Thomas Price

Francis Thompson

James Bailey

John Hair

William Baxter

John Mandell

Thomas Brown

Thomas Nimmo .

Second Middlesex Jury.

Richard Lawrence

William Rouse

James Jackson +

William Ashton

Ambrose Watson

Thomas Bannester

James Bell

John Slack

William Jack

William Lawrence

Daniel Callard

William Turner +.

+ Stone Tuppin served some time in the room of James Jackson and William Turner .

Reference Number: t17870711-1

556. HENRIETTA RADBOURNE , otherwise GIBBONS , was indicted, for that she being lately servant to Hannah Morgan , widow , her mistress, not having the fear of God before her eyes, but being moved and seduced by the instigation of the Devil, and of her malice aforethought, contriving and intending her the said Hannah Morgan, her said mistress, to deprive of her

life, and feloniously and traiterously to kill and murder, on the 31st day of May last, in and upon the said Hannah, the mistress of her the said Henrietta, feloniously and traiterously, and of her malice aforethought, did make an assault, and with a certain stick, having a bayonet fixed at the end thereof, value 2 s. which stick she the said Henrietta, in both her hands had and held, in and upon the top of the head of the said Hannah, did strike, cut, stab, and penetrate, giving her the said Hannah, in and upon the top of the head of the said Hannah, one mortal wound, of the length of one inch, and of the depth of half an inch; of which mortal wound, she the said Hannah, from the 31st of May, to the 11th of July instant, did languish, and languishing did live, and on which said 11th day of July, instant, she the said Hannah did die; and the Jurors on their oaths say, that her the said Hannah, she the said Henrietta, feloniously and traiterously did kill and murder .

She was also charged on the coroner's inquisition with the said murder.

(The case opened by Mr. Garrow.)

May it please your Lordship, and you Gentlemen of the Jury; I am Counsel, Gentlemen, on this melancholy occasion, for the prosecution of this indictment against the prisoner at the bar, and the charge imputed to her in the indictment is, as you have collected from the Clerk of the Arraigns, the aggravated offence of murder, in the description of that offence called by the law of England treason: Gentlemen this is not a killing in consequence of any quarrel, in consequence of any ungovernable passion of the mind, which leads to several enquiries as to the degree of malignity of the offence; but it is the most aggravated of all cases of murder, inasmuch as it has been committed deliberately, in consequence of a soul and corrupt plan, preconceived by a person against a person, from whom she had a right to expect protection and guardianship against the attacks of others: Gentlemen, the prisoner stood in the relation of a servant to the unfortunate deceased; the deceased was an elderly lady, and lived in George-street; the prisoner came into her service about the latter end of May, in consequence of an application at one of those offices with which this town abounds, where servants are applied for, and where they are too frequently taken, in consequence of a written character; that happened to be the case in question. Gentlemen she had been but a short time in this service, when her conduct and character giving dissatisfaction, the deceased told her she must quit her service. Gentlemen, before I state to you the further circumstances of this case, I feel it my duty to guard you against the effect of what I am going to say, that the circumstances I am going to relate, may not make too great an impression upon your minds; because it is possible that in this inquiry a great deal of that which I feel it my duty to state to you, may not be made out as evidence; therefore I will state in the presence of the learned Judges, the manner in which I mean to make it evidence; and if they shall think I should not make it out in that manner, I shall bow to their decision with most perfect acquiescence. It may therefore become a question with the learned Judges, who will act in this, as they do in all other cases, as counsel for the prisoner: I say it may be a question in their breasts, whether the information of Mrs. Morgan should be read to you as evidence; therefore I will state to you the manner in which, as it appears to my poor judgment, I am intitled to read it. Gentlemen, I apprehend, by the law of England, that any account, given by a person that has been murdered, after the injury received, and whilst they were acting under a well-founded apprehension of their lives being in danger, is under a higher sanction, if possible, than the sanction of a Court of Justice. The person apprehends that he or she are soon to appear at a higher and more august tribunal, and that the account they are giving will be the subject of enquiry

there; and therefore it is perhaps (I think I may say without saying perhaps) it is a more heinous and more aggravated offence to assert a falsity in such a situation, than the crime of a perjury in a common Court of Justice. Gentlemen, I think I shall be able to make out to your satisfaction, that Mrs. Morgan was in a state, that intitles her information to be read, from the apprehension of her life being in danger by those who attended her, who thought the was near her end, and that she herself apprehended the injury would soon produce her death: That seems to be a question of law and of fact; however, if the learned Judges think it should not be received, I shall be the last person to resist their judgment. Gentlemen there is another way in which I purpose to read this account to you; it was given in the presence of the prisoner; she heard it, she saw it sworn to, she saw the deceased subscribe to it; and she heard her solemnly call God to witness, that it was true. Now I apprehend, in the common course of transactions here, we very often receive evidence that is slighter than this; any thing that has been said by any of the witnesses, any thing in the cause, any thing that has been said by the prosecutor, any thing that has been said by a third person in the hearing of the prisoner, is received as evidence; and I apprehend one of the grounds of receiving such declarations, when made in the presence and hearing of the prisoner, is this; that when an innocent man is accused in a solemn manner, his innocent mind instantly revolts at the accusation; and he asserts his innocence, and denies his guilt; and therefore if he does not do so, when he hears the accusation, that is evidence at least to go to a Jury, that he did not object to it when he heard it. Gentlemen in one of these ways I expect I shall be able to read this account to you; if not, I know you have strength of mind enough, and good sense enough to dismiss every thing that I have said on the occasion so from your memories, exactly as if I had said not a single syllable about it. Gentlemen, there are very few cases, of murder particularly, in which a Jury have clear, positive, palpable evidence of the fact. It is not often in this country, thank God, that people call witnesses to see them murder any of their fellow creatures; therefore it is not often that they can receive positive evidence of the crime of murder. Gentlemen, the Jury who attended in that place yesterday, had a great deal of their time actually employed in examining very minute circumstances in a case of murder; you to day will have like circumstances submitted to your consideration, and it will be for you to determine, whether all these circumstances form such a body of proof, as that you can refuse your honest assent to the guilt of the prisoner. Gentlemen, on the 30th of May, in the evening, Mrs. Morgan, who retired to rest, rather later than we might expect from a person of her advanced years, went to bed between twelve and one; the prisoner was her servant; and it will appear from Mrs. Morgan's account that when she went to bed, she had a drop bolt, which you know is subject to be opened only by the person in the room, and she observed when she dropped it, that it appeared to her to go into the socket with difficulty; however she tried it again, and fancied she had fastened it, and she went to bed. Gentlemen, before she went to bed, the prisoner came into the room, and asked her if she had said her prayers. Now that is a remarkable circumstance, and it may occur to many of your minds, particularly on attending trials for murders, and in reading others, that the most barbarous and most desperate murderer, has seldom been in the humour to take away life, without permitting the unfortunate person to settle his last account before he leaves this world; and it is a common thing for them to say, say your prayers, settle all your accounts with another world: Now that was an odd question for the prisoner; she had not been in thehabit of praying with her mistress; but for the first time she comes into the room after the old lady had retired, she disturbs her to ask the impertinent question, whether she had said her prayers; her mistress told her that was none of her business, and bid her to go and say her own prayers. - Gentlemen, Mrs. Morgan had examined all the parts of the house before she went to bed; the doors and windows were all fast; there was no person in the house but the prisoner at the bar; Mrs. Morgan, therefore, trusting to her own caution, and the fidelity of her servant, retired to rest; she fell asleep, and in some short time, she was awaked by some violent blows upon her head, blows and stabs on her head; she exerted herself as well as she could; she got out of bed, and went to the back-room window, where she called out fire and murder; the instant she got to her door, where there had been no alarm, nor any body else to cry out, the prisoner presented herself with only an under petticoat on, or something of that sort, and said, here I am, mistress; she was ready at her mistress's call; there was nobody else to call her; there was no person present but themselves; Who then struck the blows? Who stabbed this poor woman when she was laying in bed, it is for you to decide? Mrs. Morgan calling out murder and fire, some of the neighbours came to the house, and found the fastenings of it secure; they broke open the back-door: Did any body escape from the house? Did any body run out upon the alarm? Nobody: Was any body found in the house with any weapon of offence? Nobody: Where was the prisoner? Upon the stairs; when they came in there she was: Did she give any account of any person coming in? No, but there she stands! When they came in they found this unfortunate woman weltering in her blood, upon the floor, with many wounds on her head, given by an instrument which I shall describe to you. Among those people that came in, Mr. Brown, an officer, came in, and he examined the prisoner, he took her into a room up stairs, and he had some conversation which I shall leave him to state to you; I believe nothing very material came out in the course of this conversation; and upon examining the room, which it will be very material for you to attend to, there was found a tuck stick with a bayonet at the end of it, which belonged to her husband, and always had been kept there. It will be proved beyond all question, that that was the instrument by which that poor woman came by her death, there were marks on it of blood, and of the grey hairs of this poor woman, therefore it will be beyond all doubt to you, that the murder was committed by this instrument. That is a material circumstance, if it was a stranger, whom was it? If it was somebody that came to invade her peaceful habitation or to destroy her, did they know they should find such an instrument? did not they go armed for the bloody purpose? Did not they carry some instrument? No, if you suppose any body else to have done this, you must suppose them to come with a knowledge that in this room they should find this instrument which would answer their purpose. Gentlemen, some women were appointed to attend this lady, and they afterwards found in this room a hatchet which had been used to be kept in the kitchen, that does not appear to have been used on the occasion, but it was there: on examing the bolt of Mrs. Morgan's door, and the socket into which it slid, and into which I told you she had found some difficulty to drop it, it appeared that that socket had been to a certain degree filled up with paper, so that it was impossible that the socket should receive the bolt being so filled up; that again is a very strong circumstance to impute guilt to the prisoner! No other person had access to it unless you suppose that somebody had concealed themselves there in the course of the day, that they had found access to this old lady's room, and had leftthe socket of that bolt in such a state: It seems to me to follow but too naturally that the prisoner was the person that filled this socket with the paper. Gentlemen, the prisoner has been examined by very careful and by very attentive magistrates, but I do not find that she has given any account before them which makes either way; if I knew of any thing she has said that would tend to extenuate her guilt, I would state it to you, but I know of no such thing. There is one circumstance that is extremely fit for your consideration, because offences of this nature from the history of the human mind, never appear to have been committed without an adequate cause, and the desire of immediate and unlawful gain may often lead to those consequences; and I am afraid you will have no doubt but that was the case in the present instance; for I shall prove to you that this miserable woman before she came to the service Mrs. Morgan, had cohabited with a man of the name of Radbourne, he was a labourer, and she had a child by him, the child died, and the man left her, and they were parted; in consequence of which it was necessary for her again to seek some service, that service she obtained, and it is necessary to state it, in order that no man in his senses may take a servant in future from such a recommendation; she obtained it in the name of Radbourne, by a written character from a man of the name of Gibbons, who was stated to be her master, but was in truth her own father; Mrs. Morgan was a lone woman worth money, and probably these things together suggested it to the prisoner, that that was a good oportunity of making herself rich: for I shall prove to you that she sent a message to Radbourne, by a witness I shall call to you, a very few days before, that if he would return to her and marry her, she should in a few days be possessed of sixteen guineas, eighteen gowns, and a house full of furniture by the death of an uncle: Now was he dead? Has she an uncle living from whom she had any such expectancies? If she has, she will prove it, for otherwise it will form a strong fact against her; if this woman a few days before this murder, received such a message from the prisoner, for the prisoner at least had the opportunity of committing it, if she had a heart wicked enough to suggest it to her; and if it be proved she sent such a message to Radbourne, if that is made out to your satisfaction, it will at least call upon her to explain that message, it will at least call upon her to prove it was not by murder that she was to procure this, but by the death of her uncle: If she gives you no such account, then collecting all the circumstances of the case, and recollecting that this unfortunate woman after she had retired, was disturbed by her servant to ask her if she had said her prayers, and that the woman supposed her night bolt was safe, but that upon examination the socket was filled with paper; that Mrs. Morgan on receiving the blows and stabs goes to the back room window and calls for assistance, that assistance comes, and the house is found secure on the outside; and that the prisoner a short time after her mistress called for help, was certainly at her door; that somebody had been in Mrs. Morgan's bed-room, attacking her in a way that did occasion her death: I am afraid the combination of all these circumstances will prove the case but too strongly against the prisoner at the bar. Gentlemen, the situation of an advocate on an occasion like this, is a very painful one; we owe duties which it is difficult to discharge; we owe a duty to the suffering individual and their relations; we owe a duty to the publick, who are interested that the guilty party should be brought to exemplary punishment; but we have other duties which stand in an opposite direction, we owe a duty of humanity and compassion to the unfortunate prisoners against whom we appear; and there is no man in this court that will feel a more sensible satisfaction at a verdict of acquital, than I shall on this occasion,and do on all occasions where the guilt of the party appears at all doubtful; but if you, Gentlemen, are fully satisfied in this case of the guilt of this wretched woman at the bar, it will become your duty to declare her guilty by your verdict: If you have any doubt upon the case, I am sure your own humane minds will lead you to acquit her; and I am sure, all the humanity that belongs to you, will be properly exercised on this occasion. Gentlemen, I have to apologize to you, for having entered into this case rather in an argumentative way; I do not wish to press by argument, any thing against any prisoner, and I do not wish that any inference of mine should have place for one moment on your minds; and the only apology I can make is, that the case being to be collected from circumstances, I apprehended it to be my duty to lead your attention to those circumstances, but I intreat you again and again, before I sit down, to discharge every observation of mine from your remembrance, and by no means to convict the prisoner on any thing I have said, unless the evidence forces you to such conviction. Gentlemen, I shall proceed to call my witnesses with peculiar satisfaction, knowing that if there is any imbecility in proof against the prisoner, she will have all the benefit of that imbecitity, in a Court constituted like this, in which I have the honour to address you.

WILLIAM CRANFIELD sworn.

I live No. 6, in George-street.

How near was that to the house of Mrs. Morgan the deceased? - Within five doors.

Do you remember hearing any disturbance in the night of the 30th of May, or the morning of the next day? - Yes.

What time was it? - About half past three in the morning, I heard a noise, and heard the cry of murder and fire.

Is your house on the same side of the way with Mrs. Morgan's, or opposite? - On the same side of the way.

Could you form any judgement where that cry of murder came from? - No, Sir, I got up, I thought by the fog of the morning, there was a fire; I dressed myself, and went into the street, when I dressed myself, and went down to the door, the watchman sprung his rattle, I believe I went in my sleep to the door, and the watchman was standing knocking at Mrs. Morgan's door.

Was the street door fastened at that time? - Yes.

Did you endeavour to get in at that time? - No, Sir, the watchmen were trying to get in, but they could not force it open.

Upon that, I believe you got in at the window? - Yes.

In what state was the window when you came to it? - It was up about eight inches the sash; it was the front parlour window.

Had it outside shutters or inside? - Outside shutters, they were standing wide open when I came there; I got in at the window, and opened the back door, and let in the watchman.

What did you do then? - As I was going to the door, I met the maid upon the stairs; after I had got in at the window, I went to open the street door, and could not undo it, because it was double locked; then I went to the back door, and opened that, and as I was going to the back door, I met the maid coming down stairs in the passage.

That was before you had opened the back door? - Yes.

How was she dressed? - I think she had only her underpetticoat on.

Did any thing pass between you and her? - She said, for God's sake, come, and help my mistress, she is murdered; and I said do not frighten yourself, I will open the back door, and let some people in; that was all that passed between the prisoner and me at that time; then I opened the door, and two neighbours from the next door came in; then we went up stairs, I believe I was the last, and somebody

said, why do not you open the staircase window, and give more light; the staircase window was fast, and there was a bell to it, and I opened it.

Then you went up into the poor lady's room I believe? - Yes.

In what state did you find her? - We found her when she opened the door; her head was cut seemingly in a most terrible manner, the blood running all down her cap, down on the floor, and all trickling down her face; the surgeon was sent for, and he came; I did not go for him; I know no more, only while I was standing at the door, I heard Mrs. Morgan and the maid talking together; the maid wanted to get in for the key of the street door to open it.

Where were they? - Mrs. Morgan was locked in her bed-room, and the maid wanted to get to her to get the key of the street door; I could understand Mrs. Morgan say, open the door, and let somebody in to my assistance; the maid said, give me the key, or something of that kind about the key; the watchman was knocking at the door at that time.

Did you know this young woman before? - No, Sir.

Had you seen her before in the service of Mrs. Morgan? - I never saw her to know her.

Court. The room that you found Mrs. Morgan in, was a back-room? - Yes, we could not open the door, it was fastened with a night-bolt; we stood, I suppose, three minutes at the door before we could get in.

EDWARD MACDONALD sworn.

I am a watchman on one side of Queen-Ann-street, which is near George-street; as I was crying three in the morning, there came a man running after me with only his breeches on; that was the man that lives next door to Mrs. Morgan, I think his name is Sharp; he is not here, he called out watch, and bid me make all the haste I could, for there was either fire or murder; I made all the haste I could to Mrs. Morgan's, and the street door was fast.

Was the place where you was standing within sight of Mrs. Morgan's? - No, it was not; I could not get into Mrs. Morgan's, the next door was open, and the gentleman desired us to come into his house, and get over the wall that runs between the two yards; and when I came to the back-door, this Cranfield was at the back-door, and he opened it, and let us in; a cry was in the house, for God's sake to come up, for there was murder; I do not know whether it was the maid or Mrs. Morgan that cried out; I saw the prisoner on the stairs; to the best of my knowledge, she had only her under-petticoat on.

Did you observe whether she had her shoes on? - Upon my word I cannot say that; we went up stairs to the bed-room; there was a great quantity of blood spilt in the back-room, not so much in the front-room, which was the bed-room; the back window was open, the blood was at the window, and the outside of the window; it appeared to me to have been there, from her stooping her head out to call for assistance.

In what state did you find Mrs. Morgan when you went in? - She was in a very bad condition, all blood all over.

Did you see any body escaping from the house at the time of this cry? - No, Sir, I did not, I was upon my stand, but it was not in sight; it was about three or four hundred yards from the house; the surgeon was sent for; we suspected that somebody was in the house that had done this, and we searched all over the house, every place, closets, and every thing; we found nobody.

Did you see any instrument found in the bed-room? - No, Sir.

Court. You found this Mrs. Morgan in her own bed-room? - Yes, in the front-room.

But she had been in the back-room? - She had; the door opens out of the bedroom

into the back-room, so that you may go to the back window.

Is there no other door to the bed-room but that? - Yes, I think there is another that goes to the staircase.

Was the bed room door fast when you went up? - No, it was not, it was open.

What was the height of that back-window from the pavement of the yard? - A two pair of stairs back window.

Could any person have escaped out of this window after doing this act? - No, Sir, I do not think they could.

There was no ladder? - No, Sir, nor any way of escape.

Was the staircase door open? - I cannot say; we went first into the back-room, and out of the back-room into the bed-room; the back-room door that goes to the staircase was open also? I was not the first person that went up.

Cranfield. All the doors were fast when I first went up; Mrs. Morgan was fastened in, and all the three doors were fast; the door of the back-room was fastened with a night-bolt.

Was the front door of the bed-chamber which opens to the staircase fastened or open when you first went up? - We did not examine that.

Then it is the back door that opens to the staircase, that has the night-bolt? - Yes.

Has the other door a night-bolt? - I do not know, I did not examine that.

Did Mrs. Morgan let you in by the back door? - Yes.

Then when you first saw Mrs. Morgan, it was in the bed-room? - Yes, the bed-room is the front-room, and Mrs. Morgan let us into the back-room; she was standing at the back-room door when we went up, locked in.

Mrs. Morgan was in the back-room, the other door of that room was fastened? - Yes.

Do you know on which side the key of the middle door was; was it on the bed-room side, or the other side? - It was on the back-room side.

Prisoner to Macdonald. A young man came to me yesterday and said, the watchmen who came in first will take their oath that there was no clotted blood or grey hair on the stick.

Court. Did you see the bayonet or the stick? - No, Sir, we examined the house, every place, even the chimnies, and found nobody but the prisoner and her mistress.

DAVID CRAMP sworn.

I am a watchman, my box stands the corner of Edward-street, and the corner of Mortimer-street; it is a great distance from Mrs. Morgan's.

What did you hear on the first of this night? - I was crying the hour of three in the morning, and I heard the watch called, and the alarm given, and I followed my partner; I was going along Portland-street, and I ran into George-street; there was an alarm of fire and murder, I got to No. 10, and went in with the other men, and got over the wall; when I came in I went up stairs, and found Mrs. Morgan in the two-pair of stairs back-room, just coming out of the bed-room, all over a gore of blood, and she desired somebody to go for a surgeon; and I went and fetched Mr. Heavyside in Portland-street.

When you went up stairs with Macdonald, how did you get into the room? - The door was open, I cannot say in particular whether Mrs. Morgan was in the front-room, or whether she was in the back-room; there was a deal of blood just coming out of the front-room into the back-room; I could trace it to the window, but I cannot say whether there was any out of the window; I saw the prisoner, I cannot say where she was; after I came back, we searched the house from top to bottom, and found nobody in it but the mistress and the prisoner; I saw the bayonet and the stick in the room that morning.

Whereabouts was it? - I cannot say.

In what condition was it? - I cannot say.

Court. Did you go out at the door from

the bed-room to the staircase? - I went out again through the back-room.

Prisoner. Was there any clotted blood on the stick? - I cannot say.

WILLIAM BROWN sworn.

I was the constable of the night, I am constable of Marybone; on the 30th of May coming home, I saw a parcel of people round Mrs. Morgan's door; I enquired the reason of it, I saw some watchmen about the door, they informed me the lady in the house was very much hurt, it was my place to go in to see; on entering the house I found one Mr. Raddish, a gentleman there, whom I found was put in possession; he was an acquaintance of Mrs. Morgan's, as I was informed; I informed him I was the constable of the parish, I offered him my assistance, if he pleased to accept of it; he said he should be very glad of it; I asked him if there was any lodgers in the house; he told me there was nobody but the old lady and her maid; I asked for the maid, and the prisoner is the person he told me was her maid; I searched the house very minutely, between four and five; I found no marks of violence at any doors or windows in any part of it, no more than what had been made with crows on the street-door by the watchmen, in attempting to get in, when the cry was made, but which they could not effect; I asked the gentleman if the lady was able to speak; he told me she was; I went up stairs, and found the lady on two pillows on the bed, in the two-pair of stairs front-room; I laid myself as close as I could to speak to her; I desired the prisoner to go out of the room before I spoke to the lady; she was washing cups and saucers; I told her it was my orders she should go; she made some equivocations she would not go; but I took her by the arm, and put her out of the room; I then shut the door before I spoke to the lady.

Court. We cannot ask you what passed between you and the lady when the prisoner was not there? - I thought the prisoner seemed very much confused; I told her to go up stairs, I should chuse to search her, to see if she had any property about her; I took her up stairs, I searched her, and found nothing upon her of any consequence in the world; I turned down her bed to see if she had been in bed; I felt it warm, I thought she had been in bed; upon examining the bed, I thought there had been two people in bed.

Court. Did you observe the marks of two people? - I thought by the looks of the bed, there had been two people in bed.

Did you feel both the places? - I did not, I only felt that that was next to me, I cannot say whether the other was warm or not; after I had searched the prisoner I had great suspicions in my own mind, that she was the person; I gave charge to the constables to take care of her, while I searched the room afresh, and I found this weapon standing on the right side of the fire-place in Mrs. Morgan's bed-room, standing up; (a long stick produced, with an iron head that has a tuck that comes out of the stick, and a bayonet at the other end.) when I found it, the bayonet part of it was tied up with a bit of flannel, like a sheath, which had been put on to keep it from rusting; I took this stick into my possession, I looked at it, and according to what description I heard of the wounds, which were done up before I came, they seemed to have been made by that stick; I found some grey hairs on the point of it, about three or four, and about half an inch depth of the flannel had been cut from it; the point was out so much, I did not perceive any blood upon it.

Did you observe the situation of the blood on the floor? - I did; I observed the blood, the lady got out of the opposite side of the bed from the door, and there was a great quantity of blood which had run from her head at the door, which opens from the backroom on the staircase, at the bottom of the garret stairs, and at the window, and out of the window; I made no further observation, and when I found there was nobody in the house, I concluded that either she had

been guilty of the crime, or somebody she had let in.

Did you find the hatchet? - No; I attended the surgeons at eleven, and when they went to dress her, I told the gentlemen I had such a stick in my possession; I saw the lady's head dressed, and according to all appearance by the stabs and bruises, to all human appearance, it was done with this instrument; from the large contusions that were made on some parts of the head, and the stabs on the other, it was plain and evident, it was done by this; it is a very heavy head.

What may be the weight of it? - It is a very great weight.

Have you ever drawn out the tuck? - Yes, many times.

Was there any blood upon it? - No, the lady's head was covered with a piece of quilted something, and then a cap, and then a flannel cap, and then something else; so that the covering on her head, I apprehend, would take off the blood from any pointed instrument; there is a bit of bluntness at the point of the instrument on which the hairs were.

(The stick shewn to the Court and Jury.)

Prisoner. I was attending my mistress and the surgeons, not washing cups and saucers.

ELIZABETH DAVIS sworn.

I was called upon to attend this lady a fortnight and two days.

Did you find any thing in her room after you came to attend her? - Yes, the next day Mrs. Gregory and me were making the bed, and as she was stooping down she saw a hatchet on the side of the bed, she took it up and shewed it to me, and we put it in the same place again.

When did Mrs. Morgan die? - Last Wednesday; I was not with her, I did not see her after she was dead.

REBECCA HOLMES sworn.

I am a married woman, the wife of Henry Holmes , I know very little of the prisoner; I know Radbourne, my husband worked with him years back, I cannot tell how many years, when Westminster-hall was repairing; I knew the prisoner while she lived with Mrs. Morgan, she came to our house on the Saturday after she went to live with Mrs. Morgan, it was the Saturday before this misfortune happened, it was the 26th of May; I live at No. 8, in Gray's-buildings, which is in Duke-street, Manchester-square, she asked me if I had seen John, that was Radbourne; I said no, I had not seen him, but my husband had seen him.

What had she to do with Radbourne? - She had had a child by him, and had given it out that she was with child again; I told her my husband had seen him, and had said that she told him that she was with child again; and John said if she was with child again, there was the parish for it, he would have nothing to do with her any more.

What did she say to that? - She said she would be obliged to me, if I would let my husband tell him that her uncle and aunt were both dead, and had left her sixteen or seventeen pounds, and eighteen gowns, and part of their houshold furniture; likewise that her father knew of it, and that her father was to sell a horse for twelve guineas, and give her half of that; she desired I would tell this to Radbourne; I said I should not see him, but I would tell it to my husband; she said she knew if Radbourne knew she had any money, he would marry her; and there was a person present that said she would be d - nd if she would have him with money, if he would not have her without; the prisoner said, she knew he would have her; and on Sunday morning at five o'clock, she said, I am going to have a bit of fun; I asked her what fun; she said with a young woman that lived servant at the next door to Mrs. Morgan's, that was to be dressed in men's clothes, she was to let her in; I asked her for what; she said to watch a young woman and young man, that she thought slept together in the opposite house; the

person in my room said she thought she had got acquaintance very soon; she made reply, she was a very good sort of a young woman; and she said she would give my husband half a guinea, provided he would get Radbourne to come over to our house, that she might meet him there to tell him herself of her good fortune.

Did she say whether she had got this good fortune already? - She was to have it in a day or two, or it might be a week, or fortnight, or three weeks, she could not say which; I told this to my husband when he came home; that was all that passed.

Did you see this prisoner afterwards till she was in custody? - On the Monday after that I saw her at Mrs. Morgan's house; I knew she lived servant at Mrs. Morgan's in George-street, but my husband did not; I went with the answer that Radbourne gave to my husband.

What message did you deliver to her? - I told her that my husband told me, that Radbourne said she was an infamous liar, and he would have nothing to do with her, and advised him to the same.

Did you tell her that? - I did, and then I forbid her my apartment; she had clothes of Radbourne's, which before this were to be left at our house; but after this story my husband forbid either the clothes or her to come; she said she would wish to come to our house, and I told her it was more than I dare, for my husband would be angry; then she said she would contrive to see Radbourne herself; nothing more passed. Mrs. Morgan came to the door and asked me to come in, but I did not; I had two children with me; I believe she had not lived there above eight or nine days; the prisoner told me she got the place from a register office at the end of Marybone-lane; she said she had a written character of four years servitude.

What name did she go by there? - Radbourne; I understood by her that her father's name was Gibbons.

Your acquaintance with her commenced through Radbourne? - Yes, through getting a letter for the lying-in charity.

Prisoner. Mrs. Holmes has told a great many infamous stories already, I did not say any such thing to her; it is through them that I am brought here, and the last time that I was before the Justice, I was persuaded by Holmes himself not to say any thing at all about it.

MARGARET FLETCHER sworn.

You are acquainted with Mrs. Holmes? - Yes.

Was you at her house on Whitsun-eve? - Yes, Sir, I live in the same house, and I went down; it was on Saturday evening, the 26th of May; I remember seeing the prisoner there with a basket in her hand; she said she was going to market; I heard her say to Mrs. Holmes, she should have some money in a few days, for her uncle and aunt were both dead at that time, to the tune of sixteen or seventeen guineas, or more, I will not say, and some gowns and houshold furniture; and that her father was to sell a horse for twelve guineas, and he was to give her some part of the money; and she knew that if Radbourne knew of that, he would go into some business and marry her; I said with an oath, that man that would not have me without money, should not have me with; she did not say much to that; she said if Holmes would get John into her company, she would give Holmes half a guinea; Mrs. Holmes said if she would give him fifty guineas, she knew he would have nothing to do with it; on the Sunday she said she was to have a bit of fun with some young woman that lived in the next house, that was to be dressed in men's clothes, and to be let into Mrs. Morgan's at five o'clock in the morning; I said she very soon got acquainted with people, and she said it was a very good sort of a body, for she had lived these some years.

Did she say what this young woman was to be let in for? - To take some notice of some people that lived at the next house, some young man and young woman that had been fellow servants.

Did you hear Mrs. Holmes examined here to day? - No Sir, I was gone home, I am but just come in now.

Prisoner. I have no questions to ask this witness, I do not know her.

Court. Are you quite sure that is the woman? - Yes Sir, I am perfect that is the same woman, but she is no acquaintance of mine, only seeing her there.

Did she say at what house she was to have that fun? - At Mrs. Morgan's, I saw her go into Mrs. Morgan's on the Tuesday, she went from Mrs. Holmes's house to her place, and I saw her again on the Saturday; I am perfect it is the same person.

HENRY HOLMES sworn.

I am a chairman, I told Radbourne what had passed; and I told my wife what Radbourne had said.

Prisoner. It was him and his wife that brought me here.

Is there any truth in that? - No Sir; I always persuaded her for her own good; she was going to set up in business, she told me she got her place out of the office, and that her father would give her a character.

Did you ever advise her to do any thing that was wrong? - No Sir, I always advised her for her good; says I, go to service, I think it is the prudentest and best way for you to get a place, and work, as you are a lusty person.

WILLIAM GRANT sworn.

I live in Oxford-street, I am a stay-maker; I know Radbourne and this prisoner, they lived at my house; I have known Radbourne between five and six years, and the prisoner some little time before Christmas, they lived together at my house; they came there about Christmas time; they continued there about five months; I believe Radbourne lived with her after the child was born about six weeks, he left her and went down to Oxford, as he told me; he left her after she had lain in, he staid till her month was up, and she was not quite well, and he staid two weeks more till she was quite well.

JOHN RADBOURNE sworn.

I am a mason.

You have had the misfortune to have a child by the prisoner? - I have indeed.

When you parted, did any conversation pass between you and her? - There was a handsome picture brought from Putney, that she said she had worked.

Was there any thing understood between you as to whether you would live together again? - No Sir, I never desired to live with her again.

Did she know that? - I believe she did, I told her so.

Was any message left with you by Holmes? - Yes.

Did you return any answer to it? - I told him she was an insolent liar, for it was no such thing; I declined having any thing more to do with her.

Then you have had no connection with her after she went to the house of Mrs. Morgan? - None at all, Sir.

That you swear positively? - Yes, I swear it.

Court. When Holmes delivered you this message, and you said she was a liar, did you know whether she was a liar in that or not? - I did not know whether she was a liar in that.

You did not know but she might have an uncle and aunt dead? - I could not tell it, but I never heard from her that she had an uncle or aunt from whom she had expectations, but she said that there was money coming to her down in the country in the course of a twelve-month's time.

Prisoner. I told him before I left him, that when my brother came of age, I should have twenty or thirty pounds if he pleased to marry me, because he did not like we should live together in that way of life; my brother has got another estate left him lately, which is by my uncle and aunt, who are both dead, and this last estate my brother designs to give me.

JOHN HEAVYSIDE sworn.

I am a surgeon.

When was you called up first to attend this Lady? - Last Thursday was six weeks, about three in the morning, I found her with five large wounds on her head.

Describe the nature of the wounds? - They were made by an instrument that had stabbed, a sharp instrument.

Do you mean by stabbing to oppose that to cutting? - Yes.

In what part of her head were these wounds? - There were two on the top, one on the left side, and two on the right.

What depth did they appear to be? - In three of them the scull was bare; the two on the top were of that number.

Was there a great effusion of blood? - A very great one, so much so, that the stones of the yard were covered with blood where she had looked out at the window to cry out murder.

Besides these wounds, what other wounds were there? - There was a wound on the back part of her right hand, which seemed to be done with the same instrument, her left elbow and her left hip were very considerably bruised likewise, not stabbed but considerably bruised.

How did these appear to be occasioned in your judgment? - They seemed to be occasioned by some heavy instrument that had beat her.

Of course a blunt instrument? - Certainly so.

Where there any contusions on the head from beating? - None at all.

You have seen this instrument? - Yes.

Did you see it with the flannel upon it? - I did.

Did it appear to you to be the instrument by which the wounds had been given? - I have hardly a doubt of it.

You have in your hand a blunt instrument, do think it was that instrument that was used for that purpose? - I think it very probable.

Go on to describe the symptoms and effects of these bruises? - Under the idea that this would undergo a legal examination, I thought it very right to remove the scalp and covering of the skull where these wounds were, to see if there was any fracture.

What was the result of that examination? - I did not find any fracture at all, in about five weeks, last Monday was se'night, which was five weeks all but three days, she was taken with symptoms of matter forming in the brain, or formed rather.

Was that likely to arise from these wounds? - Very likely, on which I trepanned her on these parts of the skull in two places where the skull had been laid bare, and found, as I expected, a great quantity of matter under the skull, immediately under the part where the wound had been given; on the Saturday following, which was last Saturday, she became paralitick, and after that declined rapidly till she died, which was on Wednesday morning; I attended her from the time of the accident, I opened the head on the same day that she died, there was a very large collection in the brain immediately under the wound.

Was the brain putrid? - Of course.

Any other observation? - No other than this, that I am clearly of opinion that her death was occasioned by the wounds she received.

You have no doubt of it? - Not the smallest; Mr. Davison was the apothecary.

Court. You first found the symptoms of matter having formed in the brain on Monday? - Yes.

That was near five weeks since the accident? - Yes.

Now before that time that you perceived these symptoms, did you consider the woman in any peril or imminent danger? - I never can consider any body with such wounds as those out of danger in less than six or seven weeks or two months.

But not in that state of peril that they are dying: if this matter had not formed in her brain, probably these wounds would not have occasioned her death? - Certainly not; it is common for people to be well a month, and then be taken with

these symptons, all arising from the original injury.

But you do not consider the person as in actual danger till the matter is formed? - Certainly not.

Mr. Garrow to Brown. Have you seen this woman since she has been in custody? - This morning I desired to speak to her.

Did you say any thing to her to make her hope it would be better for her to say any thing to you? - No, I did not.

Did you threaten her? - No, I did not, I asked her, says I, what a silly woman, if any body was concerned with you why did not you tell me; did not I persuade you to it, you should save yourself; you should hang your father and mother rather than not save yourself; says I, I have a strong opinion that somebody was with you, I always told you so; says she I let Holmes and his wife in, they were in the house and they were the persons that did it; says I, where did you let them in? says she, I let them in at the window; upon that I went away immediately; and as Holmes and his wife were here as evidences, I desired the watchman to take them into custody immediately; this was this morning.

Did you examine the night bolt at all? - I never did, not of the front room door, I examined the fastenings of the back door very particularly, and I found the night bolt very good, I did not examine the other.

Mr. Garrow. Therefore, Gentlemen what I opened concerning the paper, you will dismiss from your memories, it is not proved.

Mr. Garrow to Mr. Knapp. Is there but one count in this indictment? - Only one.

What is the inquisition? - For Murder generally.

Court. Upon the information for murder, the Court think the written evidence admissible.

JAMES CROFTS , Esq. sworn.

You are a magistrate for the county of Middlesex? - I attended with Sir Robert Taylor at the house of Mrs. Morgan, and afterwards; she was at the office about three weeks afterwards, the prisoner was there at the time, and heard the whole of this account, it was afterwards distinctly read over to the prisoner in the presence of Mrs. Morgan, it was signed by Mrs. Morgan; (looks at it) this is the information, it is signed by me, I have read this, and it contains a correct account of what Mrs. Morgan said. (Reads.)

"Middlesex, the information of Hannah Morgan , Rebecca Holmes and Henry Holmes , taken before me one of his Majesty's justices of the peace for the said country: First Mrs Morgan says she lives in George Street, St. Mary-le bone, that about the latter end of May last, she hired the person now present, who calls herself Henrietta Radbourne, as a servant; that after she had been in her service some days, this deponent observed a strange manner in the conduct of the same Henrietta, and told her she would not do for her; that on the night of the 30th of May between twelve and one o'clock, this deponent desired her to go to bed, and verily believes the house was secure on the inside; that at half after one, this deponent went into bed, and on going into her bed room, and endeavouring to fasten her night bolt, thought it went very hard, but not suspecting any thing, supposed she had fastened the bolt and went to bed, and soon after fell in sleep; that between two and three this deponent was alarmed by some persons violently beating her and stabbing her on the head; says further, that she got up and ran into the back room, and cried murder and fire; says that before the prisoner went to bed that night, she came into the bed-room of this informant, when she asked her if she had said her prayers, which she had never before done, when this informant desired her to go about her business, and say her own prayers; and this informant further on her oath says, she verily believes no other person was in her house but the person now present who calls herself Henrietta Radbourne ; and this informant

says that she did maliciously assault her in her dwelling house as aforesaid, with intent to kill and murder her, and her goods and chattels being in the said dwelling house, feloniously to steal, take and carry away. Taken and sworn before Mr. Crofts on the 9th day of June 1787.

PRISONER's DEFENCE.

I am innocent of it all, for it was not me that did it, I have no witnesses at all here or elsewhere, but here are two people that is here that did it, at this present time, and they persuaded me not to say any thing; and when I was at Litchfield-street, they told me not to say any thing, for if I did I should be done as well as them, and I, ignorant of the affair, never said a word about it.

GUILTY OF THE MURDER . Death .

Also guilty on the Coroner's Inquisition.

Not Guilty of the Petty Treason.

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

This prisoner being indicted for the crimes of petit treason and murder, as being servant to Mrs. Morgan, and the declaration of Mrs. Morgan being witnessed only by one witness, whereas two witnesses is necessary in cases of petit treason, the Court directed the Jury to acquit her of that crime, but the crime of murder being comprehended in the indictment, the case was reserved by the Court for the opinion of the twelve Judges, whether the Jury can acquit of the petit treason and convict of the murder under the same indictment; or whether the acquittal for the petit treason does not involve in it an acquittal of the murder also.

Reference Number: t17870711-2

557. GEORGE STEEL was indicted for feloniously stealing, on the 9th day of June last, one silver watch, value 30 s. a steel chain, value 6 d. a seal, value 2 d. a key value 2 d. the property of Richard Hale .

RICHARD HALE sworn.

I am a baker in Upper Thames-street ; on Saturday, the 9th of June last, I lost my watch; I was out when the watch was lost; I came home about half past one; I last saw it about eleven, in the bake-house; I found it afterwards at a pawnbroker's, the corner of King's-street, Drury-lane; about four or five on the same day; I knew it to be mine; I enquired where the pawnbroker lived, and was informed he lived in St. Giles's; I went there, and saw my watch lay behind the counter; I used to employ the prisoner to carry out bread.

HENRY ANSELL sworn.

I am a servant to Mr. Goodwin, a pawnbroker; on Saturday, the 9th of June, I received a silver watch of the prisoner, and a woman Martha Godfrey ; the prisoner pulled the watch out of his pocket as soon as he came into the shop, and laid it upon the counter; the woman took it up, and gave it to me.

Did you ever see the prisoner before? - No, but I know the woman; it was about three o'clock on the same day I lent a guinea and a half upon it.

Who took the money? - The prisoner took one part, and the woman the other.

Who did you give the money to? - I laid it on the counter, and they took it up.

(The watch produced by Ansell, and deposed to by Mr. Hale.)

How do you know it to be your watch? - Here is my name upon it.

(Handed to the Court and Jury.)

What number is upon it? - No. 128.

GEORGE MEECHAM sworn.

I belong to Justice Wilmot's office; I apprehended the prisoner and a woman; the duplicate was found on the woman.

PRISONER's DEFENCE.

I was coming up Holborn, between

twelve and one, and I found the watch on the stones.

Court to Mr. Hale. Had you been in Holborn that day? - I had been in Holborn that day from Gray's-inn-lane, down Hatton-garden, across Holborn, into Shoe-lane; I was not in any other part of Holborn that day.

How long have you known the prisoner? - About four months; I always leave my watch in the bake-house, hanging on a nail by the door; the prisoner was very often in the bake-house; I often employed him when he was out of work.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870711-3

558. THOMAS HUXLEY was indicted for feloniously stealing, on the 14th of June last, one silver watch, value 4 l. and one silk handkerchief, value 3 s. the property of David Mount , in the dwelling house of Mary Martin .

MARY MOUAT sworn.

I was in a house opposite to my own, I saw the prisoner come out of my window, in Anchor and Hope-alley ; the watch was taken from under my pillow; it had gone ten at night; it was the 14th of June.

Was it so light that you could see the prisoner come out? - Yes.

What distance might you be? - The street is but very narrow; I was sitting in a window opposite my own window, I saw the prisoner in my room, and I flung up the sash; there was no light in my room; I did not know him before I called stop thief; I did not see him take any thing; I did not see him stopped, he was brought where I was; I found nothing upon him.

Can you be positive that the prisoner is the same person that you saw come out of your window? - I wound up my watch at one, and put it under my pillow; the handkerchief lay on the bed, and it was taken pinned up; I know the handkerchief; the watch has never been found since to my knowledge; Mary Martin keeps the house.

MARY PATTERSON sworn.

On the 14th of June last, I was in Anchor and Hope-alley; I saw somebody come out of Mrs. Mouat's window; it was a young lad about sixteen or seventeen; I believe the watch had gone ten; I was standing at my own door, my house is next door; I laid hold of his coat, but he ran past me, I had not strength to hold him; I ran after him, and called stop thief; Mrs. Mouat called also; he was taken about twelve or fourteen doors from the place where I first-saw him; I never lost sight of him, I am sure of that, till he was taken; there was nobody in the street when he ran past me, and I saw nobody with him; I am quite sure that the person that was taken, was the person that I saw come out of the window; the prisoner was brought back to the prosecutor's house; I did not him searched; I never saw the boy before to my knowledge; I had an opportunity of seeing his face, for I was looking at the window when I saw him come out; I am sure it was him; it was not moonlight, but it was so light I could see him.

Mrs. Mouat. I was present when he was searched; there was nothing found upon him, but as I called out stop thief, he called out Jem, and a man came up to him.

JOHN SPENCER sworn.

I was standing at my own stall, and I heard the cry of stop thief; I saw the prisoner coming by, and I took him; he was running as fast as he could; he tried to get away from me, and called out Jem, and there was a stoutish young fellow came up, and asked what was the matter.

Did the stout young man that came up, come the same way the lad came? - I

cannot say; then a few people came up, and the stout man went away; he might be a passenger; I took the prisoner to the next door, to a butcher's, and the prisoner was struggling and striving; I called my boy to help me, and about an hour and a half after I picked up a handkerchief, and gave it to Mrs. Mouat.

(Deposed to by the prosecutrix.)

Prosecutrix. It was not marked; my door was locked, I had the key in my pocket; it was a one pair of stairs; they are not very high houses; I do not know but the window might be left open, nor who might have gone in, but the watch was never found.

PRISONER's DEFENCE.

My brother was very bad in bed, and I was sent for to my brother, and I was coming back with all the haste I could, and coming through this alley, this gentleman stopped me; I heard stop thieves cried just before.

Prosecutrix. The handkerchief is of small value; the watch cost five guineas, it has been in wear twelve years.

NOT GUILTY .

Court to Prisoner. You have had a very narrow escape; indeed you have had a very merciful Jury; let this be a warning to you.

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

Reference Number: t17870711-4

559. JOSEPH CURRY and THOMAS RILEY were indicted, for burglariously and feloniously breaking and entering the dwelling house of George Grig , about the hour of one in the night, of the 3d day of June last, and burglariously stealing therein, six pair of shoes, value 8 s. one pair of silver buckles, value 12 s. one pair of metal ditto, value 1 s. and one frying pan, value 2 s. a tin saucepan, value 1 s. one linen apron, value 6 d. four towels, value 1 s. one iron trivet, value 4 d. one copper tea-kettle, value 1 s. the property of the said George Grig .

(The witnesses examined apart.)

GEORGE GRIG sworn.

I am in the gardening and nursery way , I live at Stepney ; my house was broke open in the night of the 3d of June last, or early on the next morning; I saw every thing safe myself at eleven on the Sunday evening; every place was fast about the house; when I got up in the morning about five, after it was light, I remarked the place broke open; then I found one of the kitchen windows broke open, and the things missing that are in the indictment; the kitchen window was fastened with a casement and a wooden shutter withinside, and bars; they broke the glass, and cut a hole in the shutter, and got at the bar, and got the bar out; I lost four pair of shoes of mine, and two pair of my wife's, and one pair of silver buckles, and one pair of plaited; a trivet and two saucepans were carried out of the outside of the house; then I looked about and missed the boiling copper; then I saw the window open, and saw some saucepans laying with a quartern loaf and a large trevit, which had not been taken away; the gridirons were taken away; I missed towels from behind the kitchen door, and I found a woman's apron, and two pair of woman's shoes in the field, in the hay, about a hundred yards from my house; there they had pitched the copper, by the mark on the grass; I found four towels with the copper, and a pair of shoes and buckles on the prisoner Curry's feet, with my name in the shoes; I believe nothing else was found; the shoes that were on his feet were not worth any thing hardly; I am sure they were in my house the night before; this was the next morning, on Monday morning, which was the King's birth-day; the silver shoe-buckles and the other shoes were not found.

Did you see the shoes and buckles on Curry's feet? - Yes, I saw them taken off his feet in the watch-house; I know nothing about Riley.

WILLIAM HONDEY sworn.

I am patrol on St. George's-road; about ten minutes after four on Monday, in St. George's-road, I saw the prisoner Curry coming with the copper on his head; I immediately stopped him, and asked him how he came by the copper; he said he did not fear any thing, he came by it honestly, and was hired to carry it to Billingsgate; I took him to the watch-house; the officer of the night was gone home; I knocked up the beadle, and he took charge of him; in taking the copper from his head, he dropped three towels; they were long towels.

GEORGE FORRESTER sworn.

I am an officer at Shadwell; the prosecutor and a rope-maker at Shadwell came to my house on Monday morning the 4th of June, and informed me of the robbery, and desired me to go to the watch-house, that was between seven and eight; I went, and the prisoner said that about three on Monday morning, a man gave him sixpence to carry that copper to Billingsgate; he said he had nothing else; he had a pair of long trowsers on, and he kept his legs back; I put out his legs, and found a pair of shoes on his feet, with Mr. Grig's name upon them, and a pair of buckles, and I found a knife in his pocket.

(The shoes and buckles produced and deposed to.)

JAMES HAGUE sworn.

I am a milkman, about four on the 4th of June, going down Back-lane, and another milkman with me of the name of Skiesley we met this Joe Currie with a large copper on his back, we called to the patrol, and he immediately stopped him, and he went exceedingly peaceably; when we got through St. George's turnpike there were two gardens railed on each side, about half way the railing, and there is a ditch, this Thomas Riley was kneeled down when I first saw him (I was then about sixty or seventy yards from him) pushing something through the rails with his arm; he was at the corner of a ditch, he then went down into the ditch, came out again, and took a tea kettle and threw it over the rails; we passed him then, and I got over into the gardens to see what he had been pushing through; I found three pieces of lead doubled up, and a tea kettle, I took them out and pursued him, but he made his escape that morning; I never saw him before to my knowledge. On Friday the 29th of June, in the evening, we found him at the Shovel in East-Smithfield, and had hold of him, but they beat us, and turned us out, and the landlord told us to go out of the house, not to breed any disturbance there; I suppose there was above forty black people in that house; then we went to Justice Staples, the officers met me the next morning, and found him in the same house, and took him; I am quite sure he is the same man that threw over the tea kettle.

JOHN SKEISLEY sworn.

I am a milkman, on the 4th of June, about four, I was going along from the Back-lane, the last witness and me, and we met Curry with the copper on his head, we called to the patrol, and we saw him take him to the watch-house; we proceeded on through the turnpike by a garden, and there we saw this Thomas Riley down on his knees packing something into the garden, presently he went down into the ditch and got up again and put his arms through the rails again, then he got up and threw over a tea kettle, and Riley came towards us; now says I, we will take a full view of him, to see if we know him; we went and looked through the rails, the first thing I saw was a tea kettle, my partner went over and found some lead; I went after Reiley, two men came along and called stop thief, but he got clear off at that time, there was another

running, but I did not see any other with him at that time.

(The tea kettle produced.)

I carried it to the turnpike, and left it with the man's servant that keeps the turnpike, he is not here.

How can you tell that is the same kettle? - Very well, I left it before I marked it in the turn-pike house four, five or six minutes, I do not think it was more, because we were afraid of losing our pails which we left in the garden; I saw him ten or twelve days after, but I said nothing to him: on the 29th of June in the morning, before four, I was going along by the Shovel, and I saw Riley come out of Black-Horse yard with a large bundle, I was by myself, and I watched him, and followed him, and he went to Mr. Moses or Abraham or some such name; and I told my partner, he went over on the same night, we went into the Shovel and looked round the house, and there I saw Riley sit in the corner; I said to Hague, here is the other man that robbed Mr. Grig; we laid hold of him and wanted to bring him out of the house, but there was such a parcel in the house, that he got away from us; then we went to Justice Staples, and told him, for the landlord said what business have you in my house to breed a riot, you shall not take him; there were between thirty and forty people, the Justice said his men should go and take him, but they took him the next morning; I am sure the prisoner Riley is the same man I saw throw the kettle over, I cannot say I ever saw him before.

THOMAS COLE sworn.

I am an officer, the prosecutor came to my house, me and Forrester went down, the black man was in the watch-house, we went and searched him, and found a pair of shoes that were too good for him to wear, and there was Mr. Grig's name on them; then we had information sometime afterwards by a black man, and took Riley at the Shovel in Smithfield, I believe that may be some days, it was on the 30th of June; it was on the 4th the robbery was done, I found nothing on the prisoner.

PRISONER CURRY's DEFENCE.

A man gave me the property, and I should know him, one of them has a cut in the face; this is not the man that gave me the property, he is innocent, I have 8 l. a year from their majesties, and it being Bow Fair Time, I was coming along between four and five in the morning, and I met these two men, they were well dressed, and they asked me where I was going, they asked me to earn six pence, and to carry this copper to Billingsgate, and they would give me six pence and a pot of beer, they put it on my head, I did not see what was inside of it; they had a bundle of shoes under their arm, and I asked them to give me an old pair of shoes, he bid me put on the shoes, and a pair of buckles, they put them on my feet; one had a cut in the face, and one had a pair of blue breeches and a short jacket, one was dressed like a gentleman.

Prosecutor. I am sure of the tea kettle.

PRISONER RILEY's DEFENCE.

My I never save my soul if I ever knew any thing of it any more than the child unborn, I have a year's wages due from the Royal George, I had not been two days from Portsmouth before these men came following me.

BOTH GUILTY. Of stealing, not of the Burglary .

Each Transported for seven years .

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

Reference Number: t17870711-5

560. THOMAS GODFREY ROWLEY was indicted for burglariously and feloniously breaking and entering the dwelling of Jonathan Crowther , on the 27th of June last, about the hour of one in the night, and stealing therein, one piece of gold, called an half guinea, value 10 s. 6 d. and 144 copper halfpence, value 6 s. and 31 s. and 6 d. in silver, his property .

JONATHAN CROWTHER sworn.

I live at the Bull's-head, Wood-street, Cheapside : on the 27th of June, my house was broke open; the prisoner at the bar was a servant of mine about two years ago; he lived with me about twelve months; in the yard backwards there is a casement, and some panes of glass was taken out, to unbuckle the casement; I found the window open about half after seven, on the Thursday morning; the house was all shut up and fastened at half past twelve on Wednesday night; I am positive it was all secure; and the watchman sits at my door; the door of the yard between the wash-house, was fresh puttied, and the putty being soft, it was scraped clean off, and the glass taken out, and laid in the wash-house; when the glass was out, he put his hand through, and opened the door of the house; I found the till in the bar broke open; there is a door belonging to the kitchen and tap-room to the bar; he broke the till open by force, by his own confession; there was a guinea's worth of silver in the till, in a bag, and five shillings in silver in the same till in another division, and two shillings worth of half-pence, that was all that I missed in my till; I locked up these things myself; I can speak with certainty that these things were left in my till over night; from thence he went up stairs, picked and opened two locks of the two top drawers in the bureau; I frequently lodge cash there for payments, but there was none then; half a guinea in silver, and nine shillings in silver, that I can recollect, that I cannot ascertain; the half crown piece,

and crown piece I put by as curious pieces; there were four guineas belonging to a man in the country, and I cannot find them; the drawer in the same bureau was full of halfpence; to the best of my knowledge I missed about twenty-four shillings; they were half of them bad; the things that have been found, which are in the custody of the constable, are to the best of my recollection five or six shillings in half-pence; the next day, about half past twelve, I took him, with my servant in Silver-street, Wood-street; having a person with me, I made the prisoner put the money he had on the table in the club-room till I got a constable; three shillings of the money I know very well, there were marks the over night, which I can swear to; I took the prisoner before Mr. Alderman Boydell, and I was bound over to prosecute. The only things I can identify are there these three shillings.

EDWARD PALMER sworn.

I am a wire-worker; on the 28th of June, in the morning, about eleven, I was at the Fountain in Addle-street; that is very near the prosecutor's house; presently the prisoner came in to the same room where I was; says I, Tom! why you are finely rigged! where did you get this rigging? says he, I have been over to the fellow that gave me these; says I, did they give you any more? yes, says he, he gave me five; which I understood to be five guineas; he went out, and I heard the prosecutor was asking for Thomas Rowley , I told him he was gone; we found the prisoner in a shop; the prosecutor says to the prisoner, ha! Tom! I want to speak with you; and he went home with him very peaceably; he told him to go up stairs in the club-room; at the top of the stairs he made a stand; says the prosecutor, I dare say you know how to open the door; the prosecutor said, I have been robbed, and I think you are the man that has done it, therefore pull out your money and lay it down; and he pulled out some copper, to the amount of eleven shillings in halfpence and farthings; the prosecutor asked him if he had any more; he said he had not; I said, Tom, you shewed me some silver just now; then after some time he pulled out this purse, there was five shillings and two sixpences in it; the prosecutor took up one or two of the shillings; says he, here is one or two I can swear to; one in particular he said he knew, he refused it the night before, and he shewed me a particular mark he had put upon it the night before; he asked him what become of the purse; he said he had burnt it.

Had he been offered any favour or threat? - Not to the best of my knowledge; says I, Tom, you had better give back the money and things you have, it will be the better for you; he told us by what means he had got into the prosecutor's house; he was taken before the Alderman and committed; I saw the constable take the shillings and things into his custody.

- PHILLIPS sworn.

On the 28th of June I dined at the prosecutor's; he desired I would step up with the prisoner and Palmer while he eat his dinner; during the time I was with him, he confessed the fact, that he had taken above ten shillings worth of halfpence.

Had not you or the prosecutor told him it would be better for him? - He voluntarily confessed the fact; nobody offered him threat or favour to my knowledge; he confessed nothing more to me.

Did he say any thing about the things that were on the table? - He confessed he had taken ten shillings worth of halfpence more than were on the table; those were the words; I saw the silver on the table, and I saw the prosecutor mark the silver; I believe he marked three shillings; I attended the prisoner to the sitting Alderman, and from thence the compter.

The CONSTABLE sworn.

On the 28th of June I went up to the club-room, and took charge of the prisoner; there was about eleven shillings worth of halfpence, good and bad, and

five shillings and two six-pences in silver. I have had the things ever since.

GUILTY. Of stealing to the value of thirty-nine shillings, but not guilty of the burglary .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-6

561. LION HART was indicted, for stealing on the 29th day of June, one linen handkerchief, value 1 s. the property of Angel Levi .

Angel Levi and Thomas Milner, called on their recognizances, and not appearing, the prisoner was ACQUITTED .

Reference Number: t17870711-7

562. BENJAMIN M'COWL and GEORGE BRACE were indicted, for assaulting William Fleming , on the King's highway, on the 30th of April last, and putting-him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one silver watch, value 20 s. one steel watch chain, value 6 d. one watch key, value 2 d. one seal, value 6 d. his property .

(The witnesses examined apart.)

WILLIAM FLEMING sworn.

I live in Newgate-street, I deal in china and glass ; I was robbed on the 30th of April last; I was coming from Drury-lane about ten in the evening, with a small basket on my arm, containing some china, I was suddenly jostled against by the prisoner Brace, it threw me off my line; but I recovered myself directly, and instantly the prisoner M'Cowl snatched my watch out of my pocket in a moment; I set my basket down, and laid hold of the skirt of M'Cowl's coat; the particular words I made use of, I cannot justly say; but I believe it was, stop thief, you have got my watch; but in the bustle, whether by the shove, or what it was, I cannot say, but I went down on one of my elbows in the street; and by the time I had recovered myself, the prisoner M'Cowl was taken and carried to the watch house; my watch was found, it is in the hands of the constable; the watchman was going ten, and it was a moonlight night; the people were selling fish at the end of Blackmoor-street, with lights in their baskets; it was just against there that I was pushed against; I know the prisoner M'Cowl's father by sight, I might have seen the prisoner M'Cowl, but not to speak to him; the other prisoner I never saw before; I could not mistake the people, because in the first instance, the man who pushed against me, I perfectly recollect his face; Brace was taken in a few minutes after; I saw him in the watch-house a short time after.

Did any body knock you down? - No, I was not knocked down; I do not think either of them intended to injure me.

Prisoner's Counsel. You know this young man's father? - Yes, he was a serjeant at mace in the city of London.

Was you surrounded by any persons? - There were several round us, but there was no particular noise or disturbance; there was no women surrounded me, that I saw; I was not stopped nor interrupted by any persons before that.

I suppose immediately after there was a number of people came? - No doubt of it.

No violence at all was done to your person? - No, nor do I believe they intended any; I should have taken no notice of the shove, if they had not taken my watch.

Court. You are quite certain it was Brace that jostled you? - I must say I am.

Were they on the same side with you? - They were directly in front of me.

You had not seen these men together? - I did not.

Have you any reason to know whether the shove you received was accidental, or done on purpose? - If I had not lost my watch, I should not have supposed it was done on purpose.

WILLIAM PAWSON sworn.

On Monday the 30th of April, about ten at night, I was conversing with a person about two yards off, I saw the prosecutor coming across with a basket on his arm, and I saw a person that just passed me, in light coloured clothes, give him a most terrible shove amongst some fish-baskets and radishes; he was down almost, directly he recovered himself and said immediately, I am robbed, you have stolen my watch; he set down his basket, he pursued M'Cowl into Blackmore-street, and I saw the prosecutor have hold of him; I immediately left my acquaintance, and went and pursued M'Cowl, he made a blow at my head, I tripped up his heels and down with him on the curb pavement; there I kept him and called out the watch; I saw a man, as I thought, come across to my assistance, and he came up, and made a sudden stoop down, and I saw the watch taken from M'Cowl's hands, by this George Brace ; I made a catch at him, and he slipped away from him, and I called out stop thief, stop thief, that is the man that has the watch; three or four ran after him, and I saw him stopped the corner of Clare-court, about fifteen yards off; it was quite a light night, the shops were open; immediately after I left this person in charge of the watchman; I went in pursuit of the other; Mr. Johnson, at the corner, brought back Brace.

Court. You are quite sure when they brought the man back again, you knew it to be the same man that you saw stoop to M'Cowl? - The very same, and so Johnson said; I never lost sight of him; it did not take five minutes; Johnson said, he has not the watch, it is dropped, and a young man has picked it up, and a young man that was close by, who is here now, said, I have the watch; his name is Graham; I assisted Mr. Johnson to take him to the watch-house near the New Church in the Strand; for I saw he was very powerful; the constable of the night came in soon after; when I got him secured, I ran to the watch-house in Portugal-street, where the other prisoner was that I took first.

Mr. Garrow, Prisoner's Counsel. We have not seen you some time? - You may have seen me possibly; I am in a public line, I am a cutler.

Where do you live? - I keep a manufactory in Martlet's-court, Bow-street, Covent-garden.

Then your's is not a licenced house? - I do not want any licence for my house.

No, it is only licentious? - Martlet's-court never was known for any harm here.

Why it is what they call a case? - No, Sir, I deny the words.

Oh you know what I mean? - Yes, Sir.

Perhaps the Jury may not; you mean it is not a notorious common bawdy-house? - Do you know any body that can prove it such; I have never any more than two lodgers in my house; I have a manufactory there.

Yes, so I understand; lodgings for single men, sometimes single women, and men and their wives; what is the stock at present? - I have but one person in my lodgings at present.

A woman? - Yes.

Sometimes single, and sometimes married? - That I do not enquire about; I never trouble myself about that, while there is no scandal attending it.

How long has the other lady been gone? - What other lady? I believe about a fortnight.

Be so good to tell her name? - One's name is Philips; the other's name is Smith, that has left it.

I do not wonder that you look about you, there are gentlemen that know you? I have my beer from the Brown Bear .

You spend a good deal of your time at the Brown Bear ? - No, very little; I believe I do not go to sit in a public house once in a month, very seldom.

Did you ever sit down there? - These gentlemen know me for no harm at all.

You said he gave this prosecutor a terrible shove? - I said a bit of a shove, or a bit of a posh.

Then you did not say a blow? - No, I said a terrible push; it was such a push that it set him almost down; I dare say he felt it, and I dare say he has told you so.

Next to hearing who you are, and who your lodgers are, let us a little into your studies; you study the sessions paper a good deal? - I never read them, that is idle pence that I never throw away.

You take it all by hearsay? - I never trouble my head; I never was here but once, and that was on account of the election; I was subpoened when Mr. Sheridan was here.

You was a witness on that occasion? - Yes.

Did you come on the part of the prosecution? - I was subpoened by Mr. Sheridan.

Since that, it is a common thing when men come here once, they are fond of it? - I hope never to have the trouble again; but still if I found any individual served in that manner, it certainly is my duty to take his part.

Have you had any talk about this indictment, or how it was best to charge it? - No never, I never took any trouble how it was to be found, nor which way to lay it, or how it was to be done; I was only an evidence or a witness, and I left that to the prosecutor.

Then you mean to swear that he gave the instructions to the clerk of the indictments for it? - There was a conversation took place at the office; I took a part in that conversation.

Who told you what would make the difference between a highway robbery and a simple larceny from the person? - No person in the world.

Do you mean now to swear, that you have not said to any body, or have not heard from any body, that in order to prove this indictment laid, as it is (that is your phrase I think) that it would not do unless you was to prove a violent shove before the watch went? - Never in my life.

Why you never heard of it perhaps that that makes all the difference about laying it? - My using that word was mere accident.

Upon your oath, do not you know, that the question whether you are to have part of eighty pounds or not, depends on whether the Jury believe there was a shove or not, before the watch went? - I have always heard so.

When did you hear it; at the Brown Bear ? - Why perhaps, yes; I believe naturally where one uses a public-house; I first heard it at the Rotation-office in Litchfield-street, of the clerk when I went there; I said to the clerk I do not wish for any such thing; I have not done it for any such thing; I did it to save my fellow-creature; says he, in case they are convicted of the robbery, there is that; says I, I hope no such thing.

Did not he say also, but if they are only convicted of the larceny, there will be no reward? - God knows that.

So this you knew before the indictment was preferred? - Yes, I did.

How was it you told me this moment, why, perhaps yes, most likely, it is natural, when one uses a public-house, if the Justice's clerk told you? - I do not know that ever I had any conversation in the public-house about it.

First you said you never had had any conversation about it? - I did not say so, I have heard so many words about it, that I hated to hear of the thoughts of the reward.

So you have heard a great deal about the reward? - It was spoke of to be sure.

Who have you had words with about it? - Why Mr. Atkins, who is here in Court; he is one of the Bow street officers.

Have you had conversation with Atkins about it? - I have had some little conversation with him, I begged him not to speak of it.

Have you never had any conversation with Townsend? - No, Sir, nor nobody else.

Did not somebody say to you, why Mr. Pawson, you must be a bad man, you do this for the sake of the reward; to which you answered, no, I do not do it for the reward, for my share of the reward, I shall give it to some public charity? - I said I never did it for the reward; I never said I would give the reward to a charity; Atkins said, if you do not like the reward, give it to me; I said no, I shall give it to charity.

You did not know there were two rewards in case these men were convicted? - I have heard it spoke of; I said if it is so, but God forbid it should be so, I would sooner give it to a public charity than give it to you; the shove I have spoke, is that I saw very plain the man was almost down among the baskets.

Jury. Are you clear you saw the watch conveyed by one of the prisoners to the other? - I saw Brace take it from the hand of M'Cowl, as if he was stooping to buckle his shoe; Brace is the man that I thought was coming up to my assistance, he made a sudden stoop, and took the watch from M'Cowl's hand; the watch was dropped, and found afterwards.

Court to Prosecutor. Did you see Pawson at the time? - I did not see him till after he laid hold of M'Cowl; one ran away, and I heard Pawson say, stop thief, that man has got the watch.

Mr. Garrow, to Pawson. Have you never been indicted for keeping that house in Martlet's-court? - No, Sir, it is not in the power of mortal man to indict me, nor my wife neither.

Nor your wife? - No.

Not at Westminster session? - No, nor at any session in the world.

WILLIAM JOHNSON sworn.

I was sitting at my house-door about ten o'clock; I live the corner of Clare-court, Blackmore-street; I heard a noise of stop him, or stop thief, and I saw the prisoner Brace running very fast up the street; just as he came up, I laid hold of him by the collar; I took him to the watch-house in the Strand; there were a great many with us; Pawson came up.

Did he say any thing about it? - He said, that is the man, hold him fast.

RICHARD GRAHAM sworn.

I was coming through Clare-court the 30th of April last, and heard the cry of stop thief; I saw Mr. Johnson stop the prisoner Brace; and at the same time I heard somebody call, and a person behind said, there lays the watch; I saw the watch on the ground, and took it up, and followed them to the watch-house; Mr. Fleming was desired by the constable of the night to describe the watch, which he did; then I pulled it out, and gave it to the constable of the night; Pawson went to the New Church watch-house with the other prisoner; I did not see him before.

Prisoner Brace. Did not you see me in conversation with the prosecutor? - I did not.

Are you sure you did not? - I am sure.

WILLIAM WOOLLAMY sworn.

I am the constable of the night; one of the prisoners was brought to the watch-house; I produce the watch; I was at the watch-house about twenty minutes after ten; when I came in, there were many people in the watch-house, among which was the prisoner George Brace ; we then waited some little time for the prosecutor's coming; I took charge and locked up the prisoner, and heard what the other persons had to say that were concerned in taking him; Mr. Fleming described the watch which Graham had in his possession, Graham said he had picked it up, and he gave it into my possession; I have had it ever since; this is the same watch.

(Deposed to by the Prosecutor.)

Mr. Garrow. Do you know Pawson? - Not before that time; I am a near neighbour to him, I live near the Temple, I had a short knowledge of him.

Do you know Martlet's-court? - I have been in it when I was younger.

I believe no grave man, who values his character, is seen there much? - I pay a little respect to my character, and yet I should not be ashamed to be seen there.

Not unless you took your wife with you? - I should not chuse to take her there.

Court. Was Pawson in the watch-house with you that night? - Yes.

Prisoner Brace. When the prosecutor gave charge, did he say he knew any thing of me? - He said he did know him to be the same person; I did not hear of any body that knew so much of the prisoner as myself.

What do you know of me, I should be glad you would tell my Lord? - Only his living a servant to my next-door neighbour for two or three years, and I knew that he went abroad with Captain Holloway, to the West Indies, and remained there some time; his character was very good, I never heard any thing against him.

Prisoner. Was not I very much intoxicated? - I think he had had a little liquor, but he was capable of knowing right from wrong; a little before the peace he came back, then I understood he bore a good character, as he had done before.

SARAH HARRIS sworn.

I am servant to Mr. Johnson; on the 30th of April last at night, I saw my master have hold of a man, and I saw the man my master had hold of throw the watch down by the side of me, and the other young man picked it up by the side of me.

Prisoner Brace. Am I the person? - I cannot say.

PRISONER BRACE's DEFENCE.

I am sorry the gentlemen have swore so false as they have; I am certainly innocent.

PRISONER M'COWL's DEFENCE.

I was coming down Drury-lane, and saw a number of people running, and I run among them; one of these gentlemen laid hold of me, but which it was I cannot say; the cry was stop thief; I told them they were very wrong, for I was not the person.

The prisoner M'Cowl called two witnesses to his character.

The prisoner Brace called two witnesses to his character.

BOTH GUILTY , Death .

They were humbly recommended to mercy by the prosecutor on account of their youth.

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

Reference Number: t17870711-8

563. RICHARD JOY was indicted for feloniously assaulting George Goodall , on the King's high-way, on the 21st of June last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 40 s. a steel chain, value 2 s. a base metal watch key, value 1 d. his property .

GEORGE GOODALL sworn.

On the 21st of June, I was robbed of my watch, near ten at night, going out of Hog-lane, New Compton-street St. Giles's ; crossing the way between one and the other; I had a load on my head, two parcels tied together, and one on each arm, and as I was walking, somebody came behind me, and tripped up my heels, and when I was down, the prisoner took my watch, and run off with it, and I lost one of the parcels I had under my arm at that time, but I cannot lay that to his charge; I did not see the prisoner till I saw him taking the watch out my pocket as I lay on the ground; I saw nobody else near me; I gave an alarm directly, and there came a great mob, but I saw no one else with him; they cried out take care of your goods; the prisoner was taken in the course of two minutes; he was not out of sight of a

young man that was there, but I could not see him for the mob.

You had but very little opportunity to observe his person? - No, but I knew him again, I just saw his face; he took the watch as fast as he could; I had only a hasty view of him, it was near ten.

Then can you undertake to say, from that view of a man in a moment when you was laying on the ground, that the man that was brought back was the same man? - Yes, I am sure of it.

Have you ever seen him before? - No, not that I know of; I swear that is the man that took my watch.

Was your watch ever found? - Yes.

Who found it? - A young boy is here that picked up the watch; when the prisoner was taken, he said he had not the watch, and a young boy ran, and picked up the watch.

Who was that boy, what is his name? - He is a stranger to me, I do not know his name.

What did the prisoner say for himself? - He said he had not the watch; they did not let me stop with him, because I had a quantity of goods; he was taken into custody, and I went the next day to appear against him.

LEWIS BROWN .

I am going of thirteen.

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

What will happen to you if you swear falsely? - I shall go to the Devil.

Do you know that you are liable to be punished here by the law besides? - Yes.

LEWIS BROWN sworn.

I live in Crown-street, No. 3; my father is dead; I live with my mother; as I was standing at my door, I heard the cry of stop thief, my watch! and I saw the prisoner running, and I ran after him; I did not see the man that had lost the watch till I came to the public house; the prisoner was stopped.

Before, or at the time he was stopped did you see him do any thing? - I saw him throw away something, but I did not know what it was; I am sure I saw him throw something.

You are quite certain of that? - Yes.

Where was he taken to? - To the public house; he said, search me, I have nothing about me; he was searched at the corner; so I ran back directly, and at the same place where I saw him throw something, I went and found the watch; it was in the street on one side; I carried the watch to the public house, and gave it to Mr. Dickson, the officer.

Are you sure the prisoner is the man? - Yes.

JOHN DICKSON sworn.

I produce the watch which this boy gave me; I made him mark it, and I have had it ever since. (Handed to the Court.) I took the prisoner, and searched him, and found nothing upon him.

JAMES HILL sworn.

Coming by Hog-lane, between nine and ten, I heard the cry of stop thief; the prisoner came running past, I run after him; he made a full stop, and said d - n you, what do you want? I am not the man; I directly saw him throw something away; I directly said, he has flung something away, upon which, this boy little went back, and picked it up directly; when he came to the corner of Litchfield-street, I run till I caught him, and others came to my assistance, and we took him to the Cock, in Grafton street; he made an attempt to strike me, and struck me across the bridge of my nose, but attempted to strike me several times.

Court to Prosecutor. What sort of a watch was your's? - It is a small watch with a steel seal, with my cypher G. G. it is a silver case, but I do not know the maker's name, but the man that cleaned it last, lives at No. 3, Foster-lane; he put a paper in it.

(The watch deposed to).

PRISONER's DEFENCE.

I never saw the man till I saw him in the public house, and they brought the watch in; then Dickson set along side of me, and said is not that the man? I sent for my witnesses, and they did not come.

Court to Prosecutor. What are you? - I am porter to Francis Small and Co. in Cheapside.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-9

564. THOMAS ALGER was indicted for feloniously assaulting Ann, the wife of Joseph Altree , on the King's highway, on the 17th of June last, and putting her in fear, and feloniously taking from her person, and against her will, one silk purse, value 6 d. and 3 s. 6 d. in monies numbered , the property of the said Joseph.

JOSEPH ALTREE sworn.

I was present at the time of the robbery, on Sunday, the 17th of June last, about eleven in the evening, me and Mrs. Altree were coming up the road from Kew-green-bridge , to Turnham-green , in a one horse chaise; just before I came up to the lower penthouse, a man came up full drive to the head of the horse, and there I was stopped; he came up on a gallop; he then came to the side of the chaise, and demanded our money; I put my hand in my waistcoat pocket, and gave him a guinea and some silver.

Was your wife's purse ever found? - Yes; Mrs. Altree gave me her purse, which I gave him; he rode directly down the road after he got her purse.

How soon after was he taken? - I came up the road to Hammersmith, and enquired for some of the Bow-street people; I staid twenty minutes, and then proceeded to Hammersmith turnpike, and from thence to Kensington, where I found them, and described the man and the horse as near as I could; I believe this was about a quarter before twelve; and a quarter before one, the person took him; and brought word he was taken, the next morning; having left my address at the turnpike gate, they came down to acquaint me they had taken him; and the next day, between eleven and twelve I saw him at Bow-street; I saw my watch produced, and a guinea, and some silver, and a bad shilling which I lost, which was among the money; I saw the purse produced, I cannot say that I could swear to the purse, but there was one circumstance which was, that I put in half a crown and a shilling at Wendover, and I put the sliders the wrong side outwards, and it was in that situation when I saw it; it was a striped purse; I never had it in my hand three times I suppose, but the purse was the same kind; he said nothing when I was present; Sir Sampson Wright asked him if he had any thing to say; he said he had not; I know nothing further of Mrs. Altree's robbery.

Did you know the person of the prisoner? - I cannot take upon myself to swear, but it is a very similar person, but at that time of night, situated as I was, I do not wish to swear; I have not a doubt with respect to my belief, but I would not wish to swear positively.

Have you in fact any doubt about it? - No, I have not; it was a dark night for the season of the year.

Mrs. ALTREE sworn.

I was with my husband this evening; I perfectly recollect the circumstances of the robbery; the prisoner came up on horse back, on full gallop to the head of the horse; he said we must stop, Mr. Altree immediately stopped.

What was taken from you? - A purse, brown and white silk, with half a crown, and a shilling in one end, the other end is torn, and had nothing in it; I had had it but a fortnight; I do not remember any thing particular with respect to that where the half crown and shilling was; I saw him put it in at Wendover; I saw the purse the next morning at Bow-street in

the same situation; I am sure it was my purse; I did not observe it being turned at one end.

Did you observe the person of the man at all? - No, I did not, his coat I remarked, but the purse I am sure of.

THOMAS DYER sworn.

(The purse produced.)

It has been locked up ever since with the watch, in the possession of my brother-in-law; it was sealed up. (The purse deposed to.) It is torn from the tassell.

ALEXANDER DANIELS sworn.

I am one of the patrol; there were four more of us in company, we had information of highwaymen on the road more than once that night; it was Sunday evening, 17th of June; we agreed to divide, three went up the gravel pits, two staid at Kensington gate, and at a quarter before one the prisoner came up to the gate; I looked at my watch; I discovered his horse to be very warm, and from the description I had of the man, I thought he was like him; I dismounted him, and searched him; out of his right hand pocket I took one of these pistols; the mean while the prisoner delivered one up himself; after that I took him into the turnpike house; Thomas Dyer afterwards searched him in my presence, and found the property that he has about him, which were two watches, a guinea and a half in gold, six shillings in silve?, and sixpence halfpenny in halfpence; there was a purse which I opened, and there was three shillings and sixpence in the said purse; Dyer found the purse, I cannot say which pocket it was in, but it was in one of his pockets.

Did he say any thing for himself at the time? - He said had he known that we were in waiting for him he would have shot himself before he would be taken. (Prisoner. I deny that.) We took him into custody, and he was committed; there was a handkerchief found upon him, and a black crape.

Prisoner. I deny saying I would have shot myself, if I suspected such people went after me.

EDWARD HUGHES sworn.

I went to search the lodgings, and I found a bullet mould, and some powder, and this old wig.

BENJAMIN LACY sworn.

I was collector of Kensington gate that morning; about twenty minutes before one, the prisoner came to the gate; Daniels was in the house; I said here is some gentleman coming up; he was stopped at the gate by me; I saw him searched, and there was found upon him two watches, a purse, and some gold and silver.

Prisoner. I have nothing to say; I have people to my character in court.

JOHN WILKINSON sworn.

I keep the Cambridge coffee-house, in Newman-street; I have known the prisoner six or seven months; he has lived with me as under waiter once, and the second time as upper waiter; I had a very good character with him from Joe's coffee-house in the Temple, and I thought so well of him, I made him upper waiter; he has been intrusted with twenty pounds, fifty pounds, and hundred pounds bank notes to get change, and has always been very punctual and honest; I believe if the Court is disposed to extend their mercy to him, they never did it to an object that is more worthy, or will make a better use of it; he was absent from me between the two times, about a fortnight or three weeks.

GUILTY , Death .

He was humbly recommended to mercy the Prosecutor.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-10

565. ABRAHAM MARTIN and ANN WEST were indicted for feloniously

assaulting James Soutter , on the King's highway, on the 28th of June last, putting him fear and danger of his life, and feloniously taking from his person, and against his will 5 s. his monies .

James Soutter was called on his recognizance, and not appearing, the prisoners were BOTH ACQUITTED .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-11

566. THOMAS SPENCER was indicted for stealing, on the 12th of June , a pint pewter pot, value 5 d. the property of Michael Brumpton .

The prisoner was taken with the pot upon him.

GUILTY .

Whipped .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-12

567. ELIZABETH WELLS was indicted for stealing two yards of cotton, value 2 s. the property of Mary Ann Bray .

There being no evidence, but the confession of the prisoner under promises of favour, she was ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-13

568. SARAH WHITE was indicted for stealing two shirts, value 5 s. the property of Richard Oldfield .

The prisoner was taken with the shirts in her apron.

GUILTY .

Imprisoned six months .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-14

569. MARTHA GODFREY was indicted for feloniously receiving, on the 9th of June , one silver watch, value 30 s. a steel watch chain, value 6 d. a steel seal, val 2 s. a key, value 2 d. the property of Richard Hale , whereof George Steel was convicted of stealing at this present sessions.

NOT GUILTY .

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

Reference Number: t17870711-15

570. MICHAEL STEWART and JOHN HARDWICK were indicted for stealing on the 6th of June last, one earthen jar, value 6 d. one gallon of porter, value 1 s. 2 d. the property of Thomas Jones .

There being no evidence the prisoners were BOTH ACQUITTED .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-16

571. JOHN HINDLEY was indicted for stealing, on the 6th of April last, one pair of silver buckles, value 13 s. the property of Richard Read .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

572. The said JOHN HINDLEY was again indicted for stealing, on the 6th of June last, six brass powder flask moulds, value 6 s. and three blankets, value 12 d. the property of Samuel Edwards .

The things were found at Mr. Lloyd's the pawnbroker's, pledged by the prisoner.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-17

573. EDWARD BURKE was indicted for stealing, on the 20th of June last, an iron lock with two brass knobs, value 1 s. one iron spring-lock, value 1 s. the property of William Walker .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-18

574. MARY ROBINSON was indicted for stealing, on the 8th of June , a linen sheet, value 5 s. the goods of William Blennerhasset .

She was also charged with stealing, on the 8th of June, a linen sheet, value 5 s. the property of Rebecca Jacobs .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-19

575. ELIZABETH LLOYD was indicted for stealing, on the 28th of June last, a silver watch, value 20 s. a brass key, value 1 d. and a seal, value 2 d. the property of Thomas Geary .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-20

576. JAMES ROMAIN and JOHN GILBERTSON were indicted for feloniously assaulting Samuel Reeves , in a certain field and open place near the King's highway, on the 20th of June last, and putting him in fear, and feloniously taking from his person, and against his will, one pair of silver shoe-buckles, value 8 s. and one half crown, and 2 s. in money, his property .

(The witnesses examined apart.)

SAMUEL REEVES sworn.

On the 20th of June, a little after nine in the evening, I was robbed as I was going across Stepney fields ; Mrs. Darlow and me were together, and we were attacked by three men, who had followed us and overtook us, and passed us; after they had passed, they went pretty near to the path of the field, and presently after turned about and attacked us; one of them made to Mrs. Darlow, and asked her for her money; she told him she had none; then said he, Madam, I must have your cloak; the other two came up to me, the one was rifling my pockets, and the other was taking my buckles out of my shoes; one of them asked if I had any more money; I said only a few halfpence in my waistcoat pocket, and them also they took from me, half a crown and two shillings; the person, I think it was, that took my buckles out of my shoes, went to Mrs. Darlow, and says, your buckles, Madam; says she, my buckles are black, and they will not do for you; one of them, the man I think it was, that took the cloak off, threw the cloak down on the grass, I said, leave the cloak, do not take that with you, I do not mind any thing else; upon which one of the other men took up the cloak, and put it under his arm, and went away, and the others with him.

Did they make use of any violence or threats? - No, my Lord, nor we made no resistance.

Do you know the persons of any of the men? - I think I recollect the persons of two of the three; I think I should know them if I saw them; I am of opinion that the prisoners are two of the persons; I think I know both of them; I think they are the two that attacked me, I should not chuse to swear positively to them, it could not be called dusk, and the moon was full out, and it was very light, light enough to observe any person whatever; they were a very short time with us, they had no disguise at all, I think they had all three round hats, I suppose he whole did not take up more than three minutes, I had not so good an opportunity of observing them as Mrs. Darlow had, for she did not seem so much surprised as I was; for the

one being engaged in taking out my buckles, I could not see so plainly his face, and the other held his head down while he was rifling my pockets; I believe them to be the men, but would not chuse to swear positively to them; I never saw my buckles since, I do not know that they were found; Romain was taken the next day, and I saw him the day after he was taken.

When you first saw Romain at the Justice's, did you immediately recollect him? - I thought it was the same person.

Had you then the same degree of diffidence that you have now? - Much the same.

Was he dressed in the same way at the Justice's, as when he robbed you? - Much the same; I think he had the same coat on, when I described him in the information; it was a light coloured surtout coat; Romain was the man that I think took my buckles; Gilbertson was taken about a week afterwards; my recollection of him was much the same as of the other.

Had any of them any arms? - One of them had a cutlass, the other had something in his hand, but I could not justly make out what it was.

MARY DARLOW sworn.

I was with Mr. Reeves at the time of this robbery; as we were going along the fields, three men followed us, and walked behind us a considerable length in the fields, then they turned round some time after, and stopped us and robbed us; the one took my cloak, and the other took Mr. Reeves's buckles and money; there are only two of them taken; one threw down my cloak, and the other took it up, and took it away; I recollect the persons of both the prisoners.

Do you mean to swear to your belief, or with certainty? - I speak with certainty; I took particular notice of them both; I am sure to them both; I had them in my eye before the robbery for some time; I am quite certain of them both, and I picked them out from a great many when I saw them; I swear to them both.

Then I understand you as speaking with certainty, not with any doubt? - Yes.

Was your cloak ever found again? - Never.

Do you speak with equal certainty as to both? - Yes, to both.

Prisoner Romain. I am the man that did the robbery; the two men that were with me are not taken or apprehended; this man knows nothing about it, and he never did such a thing in his life; it is unnecessary to give the Court any further trouble, I am the man that did the robbery.

Court to Mrs. Darlow. Are you equally certain to both the prisoners? - Yes, my Lord, Gilbertson was taken the Thursday following; I saw him.

Prisoner Romain. You was three yards off.

Mrs. Darlow. I was not flurried at all.

Then you think you are equally certain to both? - I am.

Prisoner Romain. You are very wrong, I am the man that did the robbery, and took the buckles out of Mr. Reeves's shoes.

Mrs. Darlow. I know better.

Prisoner. You know very wrong.

JOHN ORANGE sworn.

I know no further than receiving the information of Mr. Reeves, describing three men; accordingly I went after them, and I took James Romain on the same day, and about a week after I took the other prisoner.

Were any examinations taken of the prisoners? - Mr. Staples took their account down; they both denied the charge.

THOMAS COLE sworn.

I was at the apprehending of the two prisoners; Romain said to me, going to Newgate, he begged I would give him a drop of gin; now, says he, God bless you, I know I am guilty of this affair, and I know I shall never come out any more.

Romain. You will say any thing, any of you, for the sake of the reward.

THOMAS FORRESTER sworn.

I was at the apprehending of the prisoners; Gilbertson said nothing at all.

Prisoner Romain. I say this man is innocent.

PRISONER GILBERTSON's DEFENCE.

When I was taken, that woman said that she believed me to be the same person, and I had changed my dress, and I have had no other coat since Easter, when I bought this coat new.

Court to Mrs. Darlow. Had the man that robbed you that coat on? - No, he had another coat on; it was out at the elbows.

Prisoner Romain. The other man that robbed them, was taller a great deal.

JAMES ROMAIN, GUILTY , Death .

JOHN GILBERTSON , NOT GUILTY .

Court to Gilbertson. You have been very fortunate in the verdict of the Jury, if you make a proper use of it; it depends upon yourself whether it is any good fortune to you or not; but the weight of evidence was very strong against you; there is great reason to believe you have been connected with the people that committed this robbery, therefore you will take warning by this.

Tried by the second Middlesex Jury before Mr. RECORDER.

They were again indicted for robbing the said Mary Darlow , and on the same evidence

JAMES ROMAIN , GUILTY, Death.

JOHN GILBERTSON , NOT GUILTY.

Reference Number: t17870711-21

577. JOHN EVANS was indicted for feloniously assaulting John Buraston , in a certain field and open place, in the King's highway, on the 31st day of May last, and putting him in fear, and feloniously taking from his person, and against his will, one watch, value 4 l. a chain, value 1 d. a key, value 1 d. a seal, value 12 d. and ten shillings, in monies numbered, his property .

JOHN BURASTON sworn.

I was robbed the 31st of May last, about half after eight in the evening, in the parish of Harmondsworth , from Uxbridge market, about half a mile from Longford; it was a cross road, across a common field, about half a mile round a high road; I was in a single horse chaise, with a Mr. Singer, a farmer; we were overtaken by two men on horseback, who passed the chaise, one on each side; they went forward about an hundred yards, and turned upon us; one man came up on my side of the chaise; and told me he must have my money, he presented a pistol which I desired him to remove, and he should have my money; I put my hand in my pocket and gave him my money, about ten or 15 s.; the other did the same to my friend, but his money was but trifling; it was half a crown and a shilling that he gave him; the man on my side made an observation that we were trifling with them, and that we had more money, if not, they were sorry to distress us; but they must have our watches; my friend did not like to part with his watch, and the chaise moved on a little way, and he threatened to shoot, if we did not stop immediately, and I gave him my watch, and my friend gave him his; they offered to return our watches again, if we would give them a guinea, which was declined, and they turned their horses about, and went away; then we went home; it was day-light, just after eight.

Had they any disguises on them? - None at all; I could see them very plainly.

Did you take such notice of the faces of either of them, that you think you could know either of them? - No, I cannot say I could.

Did you ever find your watch again? - I came to town on the Saturday night following; this was on Thursday, I advertised my watch, it appeared in the paper on Monday, and upon Monday night I heard it was at a pawnbroker's; I went on Tuesday morning to the pawnbroker, and saw it, his name is Aldus; I was positive to my watch when I saw it, I had it made for me, I had no doubt of its being the watch I had been robbed of; the pawnbroker said he knew the person that pawned the watch.

WILLIAM ALDUS sworn.

I am a pawnbroker, this watch was pawned with me on the first of June, about half past seven in the morning; the prisoner at the bar pledged it in the name of Williams; he said Williams was a friend of his, and lived at North-end, Tottenham Court-road; the prisoner said his name was J. Evans, he lived at No. 19, in Wells-street; this is the written direction which he gave me; on the Monday following I saw the watch advertised, it was carried to the advertisement, and the next morning the prosecutor appeared and owned his watch, and in about an hour he returned with Mr. Fletcher, the clerk of Litchfield-street, and me and Mr. Macdonald went to look for the prisoner; but we did not go to No. 19, left the prisoner should get off; the next morning we went to No. 19, and got a description of such a man as the prisoner; we went up stairs, and the man we had the information of, was not the man; we came down again and enquired at the next door, and about five yards off I saw the prisoner in company with another man that was in Wells-street; I left Macdonald in the house, No. 19; I went out and went back again to tell Macdonald; and immediately as I turned, the prisoner turned and parted from the other man; we both went after him, he walked very briskly into a house No. 56; we followed him, we heard him run up stairs, and I heard a noise, and I said to Macdonald as we were going up, he is putting something away; Macdonald went up first and took the prisoner, I went up immediately after, and Macdonald took him into the next room to search him, and in looking about I saw on a shelf, just by where the prisoner was taken, laying on a hat box, this pistol loaded with powder and ball; I was not quite time enough to see him taken; it was laying on a shelf on the stair-case, the doors were all locked, he could not get up any higher; we took the prisoner to St. Ann's watch-house, it was in the morning, and we went back again to the house, No. 56, to enquire where he lived, and they gave us directions that he lived at No. 9, Booth's-court, Well's-street; we went to his lodgings, and on the mantle-piece we found this piece of paper.

(Handed to the Court.)

Court. He did not tell you it was his lodgings? - No.

Nor the people did not tell you, when he was present, that it was his lodgings? - No, we had no particular conversation with the prisoner, when we took him; this is the watch he pawned with me, it is in the same state it was then; there were no seals nor any thing to it.

(Deposed to by the Prosecutor.)

Here is my cypher upon it, there was a steel chain to it and seals, and brass key; I believe I gave him ten or fifteen shillings, but I cannot tell.

Mr. Knowlys, Prisoner's Counsel, to Mr. Aldus. This person had been a customer of yours before? - Yes, I knew his name before, he did not conceal it.

You had made enquiry the day before you took him, after this man, through the whole neighbourhood? - Yes.

But yet you found him in the neighbourhood? - Yes, when we took him.

DENNIS MACDONALD sworn.

I went on Tuesday evening with the pawnbroker and Dickson, in search of the

prisoner, and we ran up two pair of stairs after the prisoner, and found him there on the landing-place; I heard a noise, and I desired the pawnbroker to search, and there was a shelf, and there he found a pistol; in searching the prisoner, I found this powder and ball in his pocket, I took him to St. Ann's watch-house; I came back to that house again, then the people told me to go to No. 19, Booth's-court, Wells-street, and in his box I found this; I found many tickets, and he said they were all his own.

Mr. Knowlys. Have you any of the tickets with you? - No, I returned them all to him, he said they were his; I found these balls in the box, that was all, except the tickets which I returned.

How long have you been in Litchfield-street office? - A good many years.

You are well known in that character of a runner? - A runner! I am a constable these eighteen years.

It was well known you was enquiring in the neighbourhood? - They did not all know me there, but they might know I was looking for somebody there.

There are pawnbrokers enough in Oxford-road? - Plenty.

Court to Aldus. Where is your shop? - In Berwick-street, Soho.

- LIGHTFOOT sworn.

I sold the prisoner that pistol, from the 19th to the 25th of May, I knew the prisoner before, I am sure to his person, for he had cheapened pistols of me before.

RICHARD IBBETSON sworn.

I am an ostler, I know the prisoner at the bar by having a saddle horse three days, one day and two days; I do not keep the books, therefore I would not swear to the days; it was the latter end of May.

Court to Prosecutor. Where is Mr. Singer? - He is not in town, he was before the Justice, but he had nothing to say for he was near-sighted.

PRISONER's DEFENCE.

I take the liberty of making a few observations, by your permission; it is necessary for me to state to you how I came by this watch; the prosecutor at that time acted like a gentleman, as he has done here; he then observed that he could not swear to me; he was repeatedly asked the question by the bench; on the contrary he said the man that robbed him was a tall, genteel, slim young man, and I am well satisfied I do not answer that description; the Thursday or the Friday on the latter end of May, a young man, Robert Williams , a hair dresser by profession, he frequently dressed my hair, he asked me to pawn this watch, as I had pawned some other things for him before; he wanted four guineas upon it; I took it to Mr. Aldus, where I was well known, having duplicates; I told him the watch belonged to a friend of mine, I told him my name, and requested my name might be entered on the duplicate, which I request may be shewn to the Jury; I then acquainted him where I lived; though he never asked me before, though he has wearing apparel to a considerable amount of mine; I told him No. 9, Wells-street, Oxford-road; I admit I did not tell him Booth's-court; I carried the money back to Robert Williams , that is all I can say on the business; I was opposite to Booth's-court, No. 36; it will be satisfactorily proved to you Gentlemen, that there is such a man as Robert Williams , and that he absconded on the day I was apprehended, and has not since been heard of.

Macdonald. Here is the master horse-keeper, that can prove the very day the horse was hired.

- STEEL sworn.

I know the prisoner hired a horse the latter end of May.

Do you know upon your oath, whether it was the last day of May this horse was hired? - Yes, it Thursday the 31st of May.

Mr. COOK sworn.

Mr. Knowles. May I beg the favour to know where you live? - Stratford in

Essex, I am in the malt distillery, I have known the prisoner's father for more than forty years, he is a man of credit, a very respectable man, and a man of property; he brought up this young man in a very respectable manner, and put him into business, in which he staid, I believe in great credit and profit for some years, but in the end I believe he was unsuccessful, but I never knew any thing dishonest in him but in the present case, and I was amazed to hear it when I was told.

You had that opinion of his character that you was surprised? - Yes.

Court. What business was he in? - In the Woollstapler business, his father lived in the West of England?

Do you mean that he broke? - I am not quite sure of that, I understood that he had run out his property, and was unsuccessful; for these two or three years past I have not heard any thing of him.

WILLIAM ROEBOTTOM sworn.

I live in Duke-street, Smithfield, I am a leather seller, have known the prisoner ten or twelve years, I have been intimate with his family which is very respectable, I never heard a word against the prisoner's character before.

JOHN ANDREWS sworn.

I live at No. 211, in Piccadilly, I am a land surveyor and map-seller, I have known the prisoner about a year ago; he lodged in my house for three months, was very well behaved, always very regular, never was out after ten.

What was your opinion of his character? - I have nothing to say against his character, I believe him to be an honest man.

Court. Was he in any business when he was in your house? - No, his brother came to town, and I supposed supplied him with money.

Mr. RIDGWAY sworn.

I live in Piccadilly, I am a book-seller, I have known the prisoner about two years, his character has been a very one as far as ever I knew of him; so good, that in February last, understanding he had some leisure hours, I recommended him to a friend of mine, that has the tuition of a number of gentlemen's children, as an assistant; I have a very good opinion of his character, I have been acquainted with him up to this time, he went to assist the gentleman in some writing and other things but I believe not as a regular assistant.

Mrs. MOORE sworn.

I live in Well-street, Mary-bone, No. 56.

Do you remember the time when that prisoner was taken up? - Yes he was taken up at our house.

Had you lodgers at your house at that time? - Yes I had a lodger of the name of Swansdale, a hair-dresser, he left me the Saturday following.

Had you at that time any other lodgers who are in the house now? - There was a young man who used to sleep with Mr. Swandsale, some call him Robert and some Bob, I never heard his surname; I never saw him after that day.

Did you see the way in which he went out of your house? - No Sir, he went away the day this person was taken up, and never appeared since.

Court. You were in the house when this young man was taken? - Yes, he was taken up two pair of stairs, I believe he run up seeing the officers follow him, very likely to get away, but there was no trap door; he had been in my house before to see Mr. Swansdale; I never knew of any pistols before.

Perhaps your know where this prisoner lodged? - He lodged in Booth's Court. No. 9.

Jury. Is it fair to ask Mr. Steel, what time the horse was brought home that night.

Steel. I was going to buy some straw when he hired it on Thursday, about ten in the morning, he came home on the Friday

about ten at night, and he was out the two days together, it was a black horse.

The Jury desired to withdraw.

Prisoner. Before the Jury withdraw, am I permitted to make an observation? I think it will be necessary for me to observe to your Lordship and the Gentlemen of the Jury, how Robert Williams came by these pistols; he borrowed the pistols of me, I had been repeatedly out and fired at a mark at the end of Gower Street, Bedford Square.

GUILTY , Death .

Jury. We are very desirous to recommend this prisoner to his Majesty's mercy.

Prosecutor. I wish my recommendation may be added.

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

When this prisoner came up to receive sentence of death, he thus addressed the Court; My Lord, as human wisdom is liable to error, I beg to be permitted to make a few remarks: The prosecutor's evidence did not in the least tend to convict me; on the contrary, he on his oath said, the person who robbed him, was a tall genteel slim young man; neither of which descriptions I answer. It was likewise proved that such a person as Robert Williams lived at No. 36, the house where I was apprehended, who on that day absconded, and in whose name I pawned the watch; these circumstances proved on oath, I hope your Lordship will take notice of, and recommend me to the King and Council.

Reference Number: t17870711-22

578. MARY CHAFEY and ELIZA BETH CUNNINGHAM were indicted for feloniously stealing, on the 4th day of July , one worsted purse, value 2 d. and six guineas, value 6 l. 6 s. the property of George Hewgill , privily from his person .

GEORGE HEWGILL sworn.

On Wednesday morning, the 4th of July, about one, I was met in Ratcliffe-highway, by the prisoner Cunningham, and she asked me to go with her to her room, and I went; after we were turned down Gravel-lane, she said her room was in New Gravel-lane; I had often seen her before, but never was at her lodging; we met the other prisoner in New Gravel-lane , and she asked me to go with her; I went into Chafey's room with the two prisoners, I did not go to Cunningham's room; I gave Cunningham a shilling to go and get some liquor, she stopped very long; and I being very hard at work all day, I was a little drowsy, and laid myself down on the bed with my clothes on, and fell asleep; in the morning when I awaked, about four, nobody was in the room with me, and my money was gone, which was six guineas in gold, and ten shilling in silver; I am sure I had it in my pocket after I went into the room, and I am sure I had it after I went to sleep; the door was not locked, I looked out at the window, and called the watchman, he said he could do nothing in it; he went down stairs and called Mr. Orange; I had been in company with Chafey before; I am quite sure of the persons of both the prisoners, having seen each of them twenty times; Mr. Orange took her the next day, and brought her down; in the morning there came a man into the room, and said it was his, and desired me to walk out of the room.

But any body might have come into the room at any time of the night? - They might; Mary Chafey was in the room with me, the other was gone out for some liquor, whether she came back or no, I cannot say; I did not see her after; my purse was never found.

JOB TYRRELL sworn.

On the 4th of July I was coming off my duty, and I saw this prosecutor looking out of a chamber window, he called me and told me he had been robbed of a purse with six guineas and some silver; says I,

by who? says he by two woman, and he knew them perfectly well; I went and called Mr. Orange out of his bed.

JOHN ORANGE sworn.

I was called up by the prosecutor and the last witness, he informed me he had been robbed by two women, he told me their names, I found them at the Ship in Denmark-street, in the afternoon, eating some salmon, and coming along with them, I perceived Mary Chafey going to throw something away out of her hand; says I, what is that? says she, only five guineas; I have properly spoke to him; say, she, you take two, and give me three, and say nothing about it.

Court. What does properly spoke to him mean? - Meaning that she had robbed him; I said no, I shall take the money; here it is. (Five guineas produced, wrapped up in a piece of stuff.) I found nothing on the other prisoner.

ELIZABETH BRADSHAW sworn.

I appear for Mary Chafey , I keep a private house, my husband is a waterman, I live in New Gravel-lane.

Does this woman lodge at your house? - No.

You will be a little cautious what you say, because if you are found saying any thing but the truth, you know the consequence? - Yes.

How came you to have any knowledge of this business? - I heard that she was taken up; I knew nothing of it till the Monday; her sister lives servant with me, I went at her desire to speak to the prosecutor, and he said, if in case that three guineas would be paid, he would make it up, and not appear; then he said if not, he would prosecute her, for Orange said he was sure of forty pounds.

ANN CHAFEY sworn.

I know no further than I went with my mistress to the prosecutor's house; he said if my sister had any friends belonging to her, that would pay three guineas, he would make it up.

After the summing up, Elizabeth Bradshaw said, she knew the prisoner had ten guineas, a fortnight before, of a young man.

MARY CHAFEY , GUILTY , Death .

ELIZ. CUNNINGHAM, NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

N. B. When sentence was passed, the prisoner pleased pregnancy; and a Jury of matrons was sworn, who declared her not to be with quick child.

Reference Number: t17870711-23

579. JOHN WOODFORD , otherwise GILBERT BABBAGE was indicted for feloniously assaulting Henry Kains , on the King's highway, on the 22d day of May last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one base metal watch, value 40 s. two half guineas, value 21 s. and five shillings in monies numbered, his property .

(The case opened by Mr. Garrow.)

Prisoner. There are three witnesses which know nothing of the affair any further than the prosecutor has told them, and it will be the safest to have them examined separate.

Court. Certainly.

HENRY KAINS sworn.

I live at Limehouse with my father, he is a butcher , I follow the business; on Sunday the 20th of May I was in London, and I first saw the prisoner the upper end of Cheapside, nearest to Saint Paul's , I was coming down to the Mansion-house, I was going home to Limehouse, the prisoner seemed to be coming my way, he came along side of me, he did not meet me; it was between nine and ten in the evening; I had no acquaintance with him before that time that I know of; he looked very hard at me, and said he thought he knew me; he said, I think I know you Sir, do not you come from Exeter? I said no, I never was there in my life; he said, I beg pardon for speaking, I thought I had known you; I told him no offence, we were all liable to mistakes; he walked a little, and the prisoner said, Sir, shall we not drink together; I said I have no objection, though I am not your countryman, to drinking a part of sixpenny worth; we went into a public-house, and had sixpenny worth of brandy and water; I remember while we were in the house the prisoner said he knew very little of London, had been about six months from the country, and had no relations, in London, or hardly

any acquaintance; he said his business was a grocer, and he lived at the west end of the town; when the liquor was drank, we came out, and he bid me good night; we were together about ten minutes that night in a public tap-room, the house turned up a court, I cannot say I recollect the house, I never was there before, there were some more people drinking in the room.

Was there any appointment made for you to meet again? - No, none, he asked me if I came often to town; I said yes; but there was no appointment made; I was in town on the Tuesday following, I was coming up Cornhill about nine in the evening; the prisoner followed me, and he clapped his hand on my shoulder, and said how do you do; who thought of having the pleasure of seeing you again; he asked me where I was going; I said to Holborn; he said he was going home; then in conversation we walked on; he said he had been in the city about business, and was very tired, and should have a coach, and said, you may as well go with me; I said I did not care, it would be giving me a lift; I agreed to go in the coach with him, and we took coach at Bow-church, he ordered the coach to Somerset-house; nothing particular passed in the coach; I remember he said he was not very well, he was rather sick; I said, I suppose you are not used to riding; he said he had been drinking with some friends, which was the cause of it; he likewise said he had no change, he would be obliged to me to pay the coach, and when he got out, he would get change and pay me; the coachman insisted upon eighteen pence; the prisoner said it was but a shilling, for he had often come the fare; I gave the coachman eighteen pence; the prisoner asked me which way I should go; I told him I was going to the top of Chancery lane, Holborn, and I should go back, and go up Chancery-lane, out of Fleet-street; we crossed from Somerset-house, and came back to Chancery-lane; on the opposite side in coming back, we stopped at a pastry cook's shop; I said I will go inhere, have you a mind for any thing; I thought it would give him an opportunity of getting change; I gave the woman a shilling, and she asked if she was to take for both; he made no answer; I then thought he had no money, I told the woman to take for both; I began to imagine him to be one of those people called swindlers, but I thought I would take care he should not swindle me any further; then I thought I would not go up Chancery-lane; I bid him a good night; when we got to the end of Chancery-lane, he said he wanted to speak to me; there were a number of people passing; it was no place to stand to talk; I went on; he said, I am out of place, I am distressed for money, I should be glad you would give me some; says he, I am very much distressed; I told him I could give him none, it was not in my power; he said he must have some; I told him I thought it was very strange he should run me to the expence of a coach, and afterwards ask for money; I told him he should have none: at last he said, oh do not make any noise about it; for if you do not give me some money, I will say you are a sodomite; we had got no great distance up the lane, about a quarter part of it, I do not know the places in the lane, I do not know Serjeant's-inn, or Lincoln's-inn; I will swear that you took me in a coach, and that you made an attempt upon me; I have got the number of the coach: I told him he must be a scandalous rascal to insinuate himself into my company, and then make such a charge as that; he said he would swear it, and how could I disprove it; I told him I would not give him any thing; he said he would not leave me, he would have some money, or else he would charge the watch with me; I told him he might do as he pleased; he said he would not leave me, he would ruin my character, he would swear it, and still kept following me on; when we came opposite the Six Clerks office, he said, will not you give me something? I said no; then he seized me by the collar, and said, b - st you, I will do for you, if you

do not give me some money; we were on the left hand-side of the lane, that is the dark side, and it is a very dull spot, and I saw nobody, I thought it was best to give him my money: I said do not use me ill, and I will give you my money; I gave him two half guineas and some silver; then he said, is that all? I said I have no more; he said, have not you a watch? I said, yes; but it is only a metal one, it will fetch very little; I was very loth to part with he said he would have it, and I gave it him; he then let go the collar of my coat, which he had had hold of all this time; then we walked on, and he then said he did not want my watch, if I would give him two guineas, I might have it again; I asked him how I was to give him that, when I had given him all my money; he said if I would meet him, and not acquaint any body with it, and bring the money, I should have the watch; I told him I would not acquaint any body with it, I should be afraid to tell any body, for fear they should believe it was true; therefore he might depend upon it I should come and bring the money by myself; for I told him I would not part with the watch for three times the money; therefore I told him I would bring it for him, and asked him where I should meet him, and he told me in Saint Paul's Church-yard; I asked him whereabouts; he said on the north side; I asked him when; and he said the Friday following; I asked him what time; and he said, what time would suit me? I said, about eight, or half past eight; he said no, it is not quite dark then; suppose we settle at half after nine; I told him I would meet him; then he left me.

What induced you to part with your money at that time? - I was afraid he would do me a personal mischief.

And you did it from fear and apprehension of danger? - Yes; I acquainted some friends of the affair; the first was Mr. Flintoff and Mr. Skinner, and they promised to go with me; I was determined to go.

Court. When was it you first told Flintoff of it? - On the Thursday night, this was on the Tuesday night; I told them I meant to take him up, and they said certainly; we went there at the time appointed, and they agreed I should walk by myself because we thought if he observed any body with me, he might not come up; I walked by myself, and they walked at a little distance.

Had you described the person of the man at the time? - I do not recollect, I was rather after time; I walked I believe five or ten minutes up and down; at last I observed the prisoner, I was at the top of the Church-yard, just turning to go down, and the prisoner said to me, have you spread the alarm, or have you given the alarm? I cannot be quite sure which; this was while I was walking alone; I made no answer to his question, but I said to him, have you brought my watch? and he said, have you brought the money? I said, have you brought the watch? and he shook his waistcoat pocket, and I heard something ratile which I supposed to be the watch and chain; he then turned up a court at the top of the Church-yard, and said, what do you mean to do; have you brought the money? The court was by the new buildings in the corner, on the right hand going to Ludgate-hill; I said, what do you turn up there for? let us go into the Church-yard, and I drew out rather to look for my friends; and he said, oh! if you have not brought the money, I shall not wait, and he went away, and I went out to look for my friends, for I had lost them; he did not at that time shew me the watch; I told my friends I had met him, and he was gone; they advised me to wait again, and I did so, and the prisoner in a minute or two came out of a small passage that leads into Paternoster-row; he said, what did I mean to do, would I give him the money? I told him I really could not raise the money, to keep him in conversation, for I thought my friends would come up, and I said, will you take a guinea? and he said, no, indeed, I shall not take two guineas; just at that time a person

came out of a house and looked very hard at us, and the prisoner came out with me into the Church-yard, and walked towards Cheapside; my friends observed us, and the prisoner turned up the court by the print-shop, then my friends came up, and I said that is the man that robbed me; they took him, and he was searched in my presence at the Compter, and my watch was found upon him; it is the same that was taken from me in the manner that I have described.

I will ask you, upon the oath you have taken, was there the smallest pretence for the charge made against you? - No, Sir, I swear there was not the smallest pretence for the charge.

Prisoner. When you first made the affair known to your friends, why did not they advise you to have a proper officer to take me up? - I did not think it any way necessary.

Upon your oath, and you not wishing to take my life from me; did not you first meet me in Cornhill? - No, that was the second time.

Did not you address me concerning a young man you had met, and ask me did not that young man perform at Hughes's? - No, I did not.

Did you not, on the Tuesday night that you met me, go into a public-house crossing Lombard-street, and drink brandy and water with me? - No, I did not.

Did not you before we went into the coach together? - I did not.

Upon your oath? - Yes.

JOHN FLINTOFF sworn.

I am a ship-wright at Poplar; I know the prosecutor, his father and mother, and whole family; I have known him three years.

Did you, in consequence of any story he told you, go with him to St. Paul's Church-yard? - Yes.

When was it? - On Friday the 25th of May.

Who did you see there? - The prisoner; we had walked up and down the Church-yard four or five times, and then I saw the prisoner.

What did you see pass between the prisoner and prosecutor? - When I came up to the prisoner, Mr. Kains said, this is the fellow that robbed me of my watch.

What did you see pass before? - I never saw them together till then; I went up to take him, just at the passage at Bowles's, the print-shop, the corner of the Dean's house; after he said so, I immediately seized the prisoner by the collar; and the prisoner said, what do you mean, you rascals? what, are you going to rob me? with that, a number of people, in course, began to collect about us; and I said it was not a place there to argue; if he was innocent, let him go with us and prove it; we called a coach, and ordered the coach to drive to the Poultry Counter; as we went along, he behaved in a very insolent manner.

Prisoner. In what? - He said we were a parcel of rascals, and that he would do for the prosecutor, Mr. Kains; we took him to the Poultry Compter; he was searched there in my presence, and the watch was found upon him; in his waistcoat pocket, I think it was, to the best of my recollection; Kains claimed that watch as his own before the magistrate; the prisoner said Mr. Kains gave it him; Mr. Kains first told me what passed on the Thursday.

Prisoner. Did not you hear Mr. Kains deny ever seeing me on the Sunday night, until the Tuesday? - No, before the Magistrate he omitted that part of the story, but afterwards told it simply.

Did he say that he had not seen him on the Sunday, before the magistrate? - He said he had seen him, but in his first recital before the magistrate, he omitted telling the magistrate that he saw him on the Sunday; but he told it afterwards.

Did he, while he was before the magistrate, tell the magistrate he had seen him on the Sunday? - Yes.

Did he, at any time, while he was before the magistrate, say that he had not seen him on the Sunday? - No.

Never denied having seen him on the Sunday? - No, he did not mention it at first, but when the prisoner said he had seen him on the Sunday; he then said he had, and had drank with him.

Mr. Garrow. Did the prosecutor in the coach, deny ever having seen him on the Sunday? - No.

THOMAS SKINNER sworn.

I am a silk-dyer, No. 309, in the Borough, I am acquainted with the prosecutor, have known him and his family these ten years.

Did you go with him to Saint Paul's Church-yard? - I did, on the 25th of May; Flintoff was with me.

You went in consequence of some story the prosecutor told you? - I did; he was to meet somebody; he first told me on the 24th of May, it was Thursday evening, and there I saw the prisoner at the bar; we agreed we should not all three go in company, and that Flintoff and me should follow at a distance, and that one, when he saw the prisoner, should hold him in conversation till we came up with him; we got to Saint Paul's twenty minutes before ten, we walked up and down at a distance from him, and took no notice of him; about five minutes before ten, we lost Mr. Kains; then I said to Mr. Flintoff, I am afraid he has met the man, and we shall miss him; when we came through by the bookseller's, I met the prosecutor with the prisoner; the prisoner and Kains turned by the bookseller's; we followed them, he turned round his head and saw us behind him; he was going to make off; the prosecutor said, that is the man that has robbed me; I immediately caught him by the collar; he was searched in my presence at the Compter, and Mr. Kain's watch was found upon him; he behaved very insolent, all the way in the coach, and told me he would do for Mr. Kains, that he gave him the watch; he said he would give charge of Kains; I was present at his examination before the magistrate, he said he first saw the prisoner on the Sunday.

Was you present the whole time while Kains was examined? - Yes, I was.

Did you hear him deny that he had not seen the prisoner on the Sunday? - I think he did; as far as I recollect, he said that he had met the prisoner somewhere about Cheapside, and that they had something to drink.

Court. Did you hear him deny seeing the prisoner on the Sunday? - I think he did, I am not sure.

Can you recollect what he said about it? - I really cannot recollect, I know there was some hesitation, and I desired Mr. Kains to tell the whole truth; I have known Mr. Kains and his family, and I know he is of an extraordinary character, a universal good character; I took the affair in hand on account of his family.

Prisoner. Mr. Skinner, when Mr. Kains denied seeing me on the Sunday night, did not I give a description of the clothes he had on, and I recollected he had a pair of new shoe-buckles on, and he shewed them to me, and he asked me how I liked them; did not he say that he could not deny that he had these clothes on?

Court. Did this pass? - Very possibly it might.

Why you went on purpose to recollect what passed? - There was something of the kind passed.

Did the prisoner talk of the buckles in the man's shoes? - He did.

Prisoner. He then totally denied ever seeing me till the Tuesday night; but I desired the Alderman to indulge me to send for the people of the house, which was the Dolphin; then the Alderman importuned him to say it; and through a great deal of persuasions, he at last did acknowledge that we were together.

RICHARD HILLIAR sworn.

I am the Deputy keeper of the Poultry Counter, and a peace-officer of the city;

I searched the prisoner when he was brought into custody, and I found in his waistcoat pocket this metal watch, in the same state it is now in; the prosecutor, at the time, in the presence of the prisoner, told me that among the money that he had lost, there was a bad shilling, and in his breeches pocket, I think it was, I found a bad shilling.

(The watch deposed to.)

PRISONER's DEFENCE.

The first time I ever saw Mr. Kains, I was coming from Whitechapel through Cornhill; about half after ten I met with a young man an acquaintance of mine, who stopped and asked me how I did; on my bidding him a good night, the prosecutor went by and said, I beg your pardon, does not that young man perform at Hughes's? I said no, he does not; he was going towards Whitechapel in his way home; he returned back with me, and in Cheapside he asked me to have something to drink; I said I did not much care; we went to the Dolphin in Honey-lane-market, Cheapside, which leads up a passage, he says, chuse your liquor; I chose sixpenny worth of brandy and water, and we sat down to drink it; I took up the weekly paper to amuse myself with; and I said to him, I will take this paper with me; but I said, I will not take it, they may want it, and it will be mean in me if they should miss it; he said, take it if you want it, and I will pay for it; this was half past eleven; by this time, I said, I must go home; he then pulled out his watch; says he, it is not so late as that, it is past eleven; then he was looking at the chain of his watch; he said is not this pretty? he gave me the chain to look at; I looked as it, and gave it him again; the woman of the house was just come in; she asked me to have something more to drink, and he gave the woman sixpence, and she was going to give him three-pence at the foot of the passage; I says, Sir, good night; says he, I am come all this way out of my way to have something to drink, go back with me a little way; I went back as far as Cornhill, and in the way to Cornhill, he says to me, if I may be so bold, young man, what business are you? I says, in a jocose manner, why, Sir, what trade are you? says, he, I think you are too young to be in business for yourself, and possibly I may be of help to you; says I, at present I am in no employ, but I have been in the grocery line, I am going to my friends at Exeter; he said it is a pity for a young man like you to go out of London, for you are stout; where do you live? I said in Holborn; says he, what part? says he, if it is convenient for me to call on you, I might meet with something to answer your purpose; says I, it is not convenient; says he, are you afraid of me? then says he, why cannot you tell me where you live? I said, I have told you my reasons, you must excuse me; we came into Cornhill, I said good night; he gave me his hand to shake hands; says he, I will go with you again; he returned from Cornhill into Cheapside with me again; I then bid him a good night; says he, will you meet me about nine, or about five or ten minutes after, on Tuesday night, and if not, on the Friday following, meet me in Cornhill, where I first spoke to you to night; I told him I would; he had then his watch and his money, for he had then paid for his brandy and water; if I had any intention to rob him, it was a late hour, and of a Sunday night, I should have robbed him then; but on the Tuesday I met him, according to my promise, in Cornhill, it was about ten minutes after nine; he says how do you do; I hope you have not been waiting, will you have any thing to drink? and we crossed Cornhill into Lombard-street, to the public-house; that he now denies; but I cannot recollect the house, and we had some brandy and water; he asked me to have something to eat; we drank the brandy and water; he immediately paid for it; when we came into Cornhill, he asked me where I was going; I said to Holborn; he said he was going

to the other end, of the town, and was tired, and should have a coach; so I thought I would ride to Somerset-house; at Somerset-house we came out, he asked the man what the fare was; the coachman said eighteen-pence; I said I believed it was but a shilling; he said it is eighteen-pence; says the coachman, my number is 718; he never seemed to wish for me to pay for the to for the coach; we crossed opposite to Somerset-house, he asked me to have something more to drink; I refused it, and at the back of the New Church in the Strand, there is a pastry cook's, he asked me to eat some pastry, he took up a two-penny tart, and I a penny one; he said eat one of these, which was the same he eat, he had four penny worth, and I had three-penny worth; he took out a shilling, and gave it to the woman; he then said, will you eat a custard? I denied it; he took his change and went up Chancery-lane, and in the way up Chancery-lane he says, I would not advise you to go into the country just yet, but what is in my power to do for you, I will do, though I am but a journeyman; we then came into Holborn; it was in Holborn he put his hand in his pocket and said, I have but a trifle about me, and he gave me two half guineas and some silver; I had about eight shillings or nine shillings in my pocket; there was the bad shilling among that silver; says he, I will meet you again next Friday night in Cornhill, or otherwise the same side of St. Paul's Church-yard; I looked at him, I thought it odd; I said I thought he would not meet me; he then immediately put his hand to his pocket, and pulled his watch out of his pocket, and bid me meet him, and he would give me a couple of guineas, to help me home to my friends; I asked him to let me go into some house, and let somebody see me.

Prisoner to Prosecutor. Did not I, upon your oath, say, let us go into some house, that somebody may see you give me the watch? - No, he did not; it was the upper end on the left-hand side where he collared me, and the watch followed the money.

Prisoner. It was then as early as ten, when he gave me the watch he bid me good night; after I asked him to let somebody see him give me the watch, he said no, what has any body to do with what passes between you and me; on the Friday night I went to the north side of Saint Paul's, with the watch in my waistcoat pocket, and I saw the prosecutor, and he said it was not in his power to give me the two guineas, and he had but one; I said that does not matter, here is your watch; I had the watch in my hand; and all of a sudden he said, come along with me, I am going to a friend's house in Cheapside, I will there borrow a guinea; and by Mr. Bowles's we met the two young men, and he says, this is the young man that has robbed me; Skinner collared me, and said, you rascal, have you robbed my friend of his watch and money? I said no, he gave it me; but according to his appointment I met him to night; I said, I have the watch, but I will neither give it to you nor him; when we was in the middle of the yard by the picture shop, they would not take me the nearest way to the Compter, but they carried me round in a coach; so they dragged up the windows, and they said, keep no noise, but give the watch and money, that is your best way; I asked Skinner what he meant to do with me; he said either give the watch up, or go into the Compter.

Skinner. That is not true, he did not say any thing of the kind.

Prisoner. Then we went into the Compter; then they gave charge of me; when I was taken the next morning before the Alderman, he then related the same circumstances which he has related to the Court, but he then denied having seen me till the Tuesday night; I desired to send down for the people at the Dolphin; then they asked him if it was so or not; and that he had better own it; and he said it was so, but before

that he denied it, he would have taken his oath of it; when the Alderman heard his story, I was fully committed; that is all I have to say.

Court. Then if I understand you, he gave you the watch? - Yes; he said, if you doubt my word in meeting you on the Friday night more than the Tuesday, take my watch.

Prosecutor. He said he had been drinking just before.

Upon your oath did you drink with him on Tuesday night? - No, I did not.

Prisoner. As God shall judge me he did; and I would not say so now I am upon trial for my life.

GUILTY , Death .

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

Reference Number: t17870711-24

580. ELIZABETH M'RAY was indicted for stealing, on the 22d of June last, one silk cloak, value 20 s. the property of John Masheder .

(The prisoner was seen taking the cloak off the prosecutor's counter; she was immediately secured with the cloak.)

GUILTY .

Imprisoned six months .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-25

581. JAMES SALMON was indicted for stealing, on the 7th of July , one piece of silver coin, value 12 d. twelve copper halfpence, value 6 d. and one paper ticket, called a duplicate for a silver watch, of no value , the property of Michael Smith .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-26

582. CHARLOTTE PARTRIDGE MARY BARNES , and GEORGE NORRIS were indicted for stealing, on the 26th day of May last, one wicker basket, value 6 d. fourteen pounds weight of lamb, value 5 s. one iron chopper, value 1 s. one stall cloth, value 1 s. one silk handkerchief, value 4 s. and four shillings in money , the property of John Jupp .

ALL THREE, NOT GUILTY .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-27

583. JOHN OAKLEY was indicted for stealing, on the 4th day of March last, six bushels of coals, value 5 s. the property of William Wood , James Wood , and Robert Wood .

The prisoner and another man were seen by two of the prosecutor's servants taking coals out of a barge belonging to the prosecutors, into a boat; the other man has not been found since; the prisoner was taken above three months after; the witnesses were positive to him, having known him several years; he had a black dog with him in the boat, which had but one eye, and which they knew before to belong to him.

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

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-28

384. MARY BARKER was indicted for stealing, on the 3d of July , two dimity petticoats, value 2 s. the property of George Jeffries .

(The prisoner pawned the things.)

Imprisoned one month.

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

Reference Number: t17870711-29

585. ELIZABETH SALMON was indicted for stealing, on the 10th of July , one linen bag, value 2 d. one silk cloak, value 5 s. one apron, value 6 d. one shift, value 1 s. one silk handkerchief, value 2 d. four guineas and four copper halfpence , the property of Richard Berry .

(The prisoner was sister to the prosecutor's wife, who lent her the things.)

NOT GUILTY .

Reference Number: t17870711-30

586. WILLIAM JONES was indicted for stealing, on the 17th of June last, one iron hammer with a wooden handle, value 18 d. one pair of pincers, value 20 d. one steel rasp, value 16 d. and one pair of iron tongs, value 6 d. the property of William Bramble .

And ISRAEL ISAACS was indicted for feloniously receiving a part of the said property, knowing it to be stolen .

BOTH NOT GUILTY .

Reference Number: t17870711-31

587. JAMES MOUATT was indicted for bigamy .

There was no evidence.

NOT GUILTY .

Reference Number: t17870711-32

588. RICHARD BURTON was indicted for stealing, on the 25th day of May last, fifty-six pounds weight of lead, value 5 s. belonging to John Elgar , and fastened to a house of his .

(The prisoner was seen ripping the lead from the gutter, and taken immediately.)

GUILTY .

Transported for seven years .

Reference Number: t17870711-33

589. SAMUEL BISHOP was indicted for stealing, on the 2d of June last, one iron axle-tree, value 5 s. the property of James Smith .

(The prisoner was taken with the axle-tree on his shoulder.)

GUILTY .

Whipped .

The preceding five were tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-34

590. GEORGE RINESS and WILLIAM ADAMS were indicted for feloniously assaulting Charles Salmon , on the King's highway, on the 24th day of June last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, four shillings and sixpence, and nine halfpence, value 4 1/2 d. his property .

CHARLES SALMON sworn.

I live at the Five-fields, Chelsea, I am a cabinet-maker ; at half after nine on the 24th of June last, the prisoners George Riness and William Adams attacked me on the high-road in Five-fields Row ; they were about the space of twenty yards from me when I first saw them; they were both together, they came up to me, it was quite light, at the distance of about five or six yards, I think it might be, Riness took out a bludgeon; and when they came up, Riness struck me on the neck; they said nothing to me before they struck me, they did not knock me down; Riness held me, and Adams rifled my pockets of four shillings and six-pence, and four-pence halfpenny in halfpence; I believe there might be more; after they had rifled my pockets, Riness said to Adams, holding up his bludgeon, b - r his eyes, shall I go it; Adams spoke very low; he said no, let him go, or let him pass, I do not know which was the word; then they let me go; they went away, I went to the sign of the King's Arms, which I believe might be two or three hundred yards from the place

where I was robbed, and I informed the man at the King's Arms that I had been robbed; while I continued there about half an hour, a man came in, and said he and his wife had been robbed, and the men were gone to the next public-house; then I went home, that was about ten.

How long might they be committing this robbery on you? - I look upon it very near three minutes.

How were they dressed? - Adams was dressed in dirty clothes, with a slouched hat on, in regimentals; Riness seemed to be much cleaner in his clothes, his were regimentals.

Had you known either of the men before? - I never saw them before to my knowledge, I saw them again on the Tuesday, I think it was; I was robbed on the Sunday evening, I saw Riness on guard, and I was there when he was taken; I was taken to see them, to see if I should know the men that robbed me; I saw Riness on the parade, and I told Shepperd, the man that took me, that I thought he was the man; I was not quite sure at that time, that he was the man; Adams was taken the same day, but not on guard; I saw him the same day, I knew him immediately when I saw him; I cannot rightly tell the place where he was taken, I believe they call it Duck-lane, Westminster; I was sure as to Adams.

Where did you see him? - He was in his own apartment in Duck-lane in bed, when I saw him, I believe it might be about eight or nine in the morning; I saw Riness some little time before that; Riness was dressed very clean at the time I saw him, I went to his lodgings along with Shepherd, and he undressed there, and he put on some other regimentals; and then I was more sure.

How far was it from any house that you was robbed? - About twenty yards from the Half-way House, there were people in it, I did not cry out or make any noise, I saw nobody in the fields, but I met three gentlemen coming down the field, and I told them that I had been robbed; it might be two minutes after I was robbed.

JOHN SHEPHERD sworn.

I belong to Sir Sampson Wright; by the information I received, I was shewn Riness going home to get his clothes off, and there was Adams in bed; I went to the parade, the prosecutor was with me he pointed out the man to me, I went with Salmon to the lodgings, the serjeant desired us to go, that Riness might change his clothes; there we found Adams, I saw him laying in bed, it was the upper end of Duck-lane; this was on Tuesday the 26th of June, in the morning, between nine and ten, no property was found on them.

LUCY FRANKLIN sworn.

The prisoners both lodged in the upper part of the house that I now rent; on the 24th of June I had a bit of comfortable dinner, and I enjoyed myself more than I generally do; I asked those two men to dine with me; they set at the table that I sat at; they dined with me, it was about two o'clock; at eight they left my apartment, and at eleven I saw them return; they wished me a good night, and went up to their apartments; they were very civil men.

PRISONER ADAMS's DEFENCE.

Between eleven and twelve on the Sunday, her husband came up stairs, and asked us to have a bit of dinner with them, we had some mutton and beans for dinner; we continued there till between four and five; then a young man, Bill the sawyer, came and sent for some beer, and we staid there till past ten; but about seven this woman went out of her own room up two pair of stairs, into another woman's room, and this man along with her, and she never came into her own apartment till the next morning at seven o'clock; and she told her husband that she had been with Longley the chimney-sweeper all night.

PRISONER RINESS's DEFENCE.

I was with the woman from between seven and eight, till almost ten, in the woman's apartment.

Mrs. Franklin. He went into the adjacent house, and was there some time with another woman, but not with me; he knows nothing of me; as near as I can guess, about eight in the evening he quitted my house.

Was he with you till ten at night? - No.

Not any where? - No.

Was he till half past nine? - No, I do not know where he went when he went out.

You are sure he did not go with you to any other room, and stay with you till ten? - No, he did not.

Court to Salmon. I think you told me, that when you was on the parade, you thought Riness was one of the men? - Yes.

Had any body pointed him out to you? - I did it upon my own account.

Did the drummer, or any other person, point out Riness as a person likely? - I believe the drummer pointed him out to Shepherd, for the drummer had been robbed by the same party.

Did the drummer point him out to Shepherd, before you had seen Riness? - No person had pointed him out to me.

But to any body else when you was present? - Not to my knowledge; I did not see Riness till after he was taken up by Shepherd; I was on the parade at the same time he was taken up, and that was the first time I saw him; Shepherd took hold of him when I first observed him, and I thought he was the man; he had been pointed out to Shepherd by a drummer for something else.

Prisoners. We have no witnesses.

GEORGE RINESS , NOT GUILTY .

WILLIAM ADAMS , GUILTY , Death .

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

Reference Number: t17870711-35

591. THOMAS WILLIAMS was indicted for feloniously stealing, on the 3d day of June , four pound weight of sewing silk, value 20 s. three pounds three quarters weight of Scotch thread, value 5 s. two pieces of Manchester-tape, value 2 s. the property of Major Blundell and Thomas Stafford .

THOMAS STAFFORD sworn.

My partner's name is Major Blundel ; I know nothing of the robbery, I only prove the property.

ISAAC ISAACS sworn.

I live in Red-cow-lane, Mile-end; on Sunday the 3d of June, between three and four, I was standing in Duke's-place, and saw the prisoner with a bundle under his arm, and having a suspicion of him, I followed him, and procured an officer to take him.

ISAAC JACOBS sworn.

On the 3d of June last, on a Sunday, I went to a public-house in Leadenhall-street, with Isaack Buckarah, and called for a pint of beer, and the prisoner was there; I asked him if he had any thing to dispose of; he said he had, and he shewed me these things which are sealed up; he asked me three guineas and a half for them; I asked him if they were his own, he said they were, and that he was a country dealer; then says I, I will detain the goods, and take you to the Compter.

(The goods produced and deposed to by Mr. Stafford.)

Here is a piece of tape with our private mark on it, the other goods have only the maker's number on them; the prisoner was porter to us at the time; here is some sewing silk wrapped up in a paper, with our private mark on it; I verily believe the whole to be our property.

Isaacs. He offered the constable the things to let him go.

Mr. Knowlys, Prisoner's Counsel. You deal very largely in your business, and you

thought him an honest industrious man? - We had a good opinion of him.

RACHAEL EVANS sworn.

I have known the prisoner two years; he always bore a good character.

Court. What is the value of the goods?

Mr. Stafford. About six pounds.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870711-36

592. JAMES MITCHELL , DENNIS HANLAN , and CORNELIUS CARTY were indicted for feloniously assaulting Francis Dawes , the 30th day of May last, on the King's highway, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 40 s. a pair of silver shoe-buckles, value 1 l. 5 s. and a great coat, value 10 s. his property .

The prosecutor not being able to swear to the prisoners, they were all

THREE, NOT GUILTY .

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

593. JAMES MITCHELL and DENNIS HANLAN were again indicted for feloniously assaulting William Rich on the King's highway, on the 22d of June last, and putting him in corporal fear and danger of his life, and taking from his person, and against his will, one shilling and eight pence, his money .

WILLIAM RICH sworn.

I live with Lord Mansfield; on Friday evening the 22d of June, between eight and nine, I went from Caen Wood, Lord Mansfield's seat, to Highgate, with another man servant and woman servant; we staid about half an hour, and returning home between nine and ten, I was stopped in the parish of Hornsey , just at the bottom of Lord Southampton's paling, by two men; me and the young woman were walking together; one of the men presented his pistol to me, and said they must have our money; I said we were but servants, and what we had was not worth their taking; however, one of the men put his hand in my pocket and took out one shilling and eight pence; the man that rifled my pockets shook hands with me, and wished me a good night; I observed the man, I never saw him again till I saw him in Litchfield-street; Mitchell pulled the money out of my pocket; I had never seen him before.

This robbery could not be above two or three minutes? - I have not the least doubt of the men, I was not so much alarmed as I am now; for I did not think them in earnest when they came up, for I was never stopped before, nor did I know what it meant; he was taken on the Wednesday following; I saw him in Litchfield-street on the Thursday; and lodged an information; the room was full of people; I have no reason to doubt with respect to Hanlan, that he is the same man; he has the same coat on now, I speak from his coat and person; I believe that is the coat he had on when he robbed my fellow servant; I looked at his face, and I do not entertain a doubt about him.

JOHN DICKSON sworn.

I was at the apprehending both the prisoners; I took Mitchell in bed, in Change-court, or Alley, near Exeter-change; I took the other in a pawnbroker's shop, in Denmark-street: after the prisoners came up upon their examination; Mr. Fletcher the clerk desired me, to take a coach and go with Hanlan, and he would shew me where the pistol was; I went with him to a field near the Halfway-house, going to Hampstead; and he pulled this pistol out

of a bush; it was loaded with powder and shot, but no ball; he acknowledged the robbery of my Lord Mansfield's servants; what passed between him and the clerk, I cannot tell; but from what I have heard since, I believe the clerk said, if he was convicted, he would get the Judges to recommend him to my Lord Mansfield's mercy.

PRISONER MITCHELL's DEFENCE.

I am ill, I cannot speak.

PRISONER HANLAN's DEFENCE.

I must refer it to your Lordship and the Court; we have no witnesses.

JAMES MITCHELL , DENNIS HANLAN ,

GUILTY , Death .

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

594. The said JAMES MITCHELL and DENNIS HANLAN were again indicted for feloniously assaulting James Vaughan , on the King's highway, on the 22d day of June last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 40 s. one silk ribbon, value 1 d. one metal key, value 1 d. half a guinea, two half crowns, and one shilling, his property .

JAMES VAUGHAN sworn.

I was robbed, the 22d of June, between nine and ten in the evening, in the parish of Hornsey , the road from Highgate to Caen Wood; I was on foot and alone; I saw two men at some distance, before they came up to me, on the road walking towards me; when they come up to me the short man was on the same side of the way; it was the tall one that came up to me, and presented two pistols to my forehead, and said, they must have what I had got; they had each a pistol; I told them I had nothing for them; Mitchell, the short man, took my watch out of my pocket, and Hanlan took one half guinea, two half crowns, and a shilling; then they shook hands with me, and wished me a good night; I was at home at Caen Wood before ten, it was light enough to distinguish any person whatever; as near as I can guess they were about three minutes with me, because they searched my pockets, and took a good deal of trouble in it; I had a full sight of their faces, each of them; they are the people that robbed me; I am sure of them both; they were taken up on the Wednesday; I was robbed on the Friday before; I first saw them at Litchfield-street office; I saw them on the Thursday, I did not know them directly, for there were a great many people at the time they brought me in, and it shocked me so that I could not recollect myself; I was fully convinced before I went out, that it could be no other persons but those; before I went away I was sure of them; my watch was found, I was in town on Tuesday, and I called in Litchfield-street, and the pawnbroker was there with my watch; his name is Aldrich.

WILLIAM ALDRICH sworn.

I am a pawn broker in Denmark-street, on the 23d of June, at half past ten at night, the prisoner Hanlan brought this watch to pledge, nobody was with him, he wanted two guineas upon it, I offered him a guinea and a half, which he refused, and took the watch away; about ten minutes after he brought it back again, and told me he would take the guinea and a half; he took it, he told me his name was Hanlan, and he lived in Compton-street; I gave him a duplicate, and on the Monday evening I sent for the Daily Advertiser, and there I saw a robbery had been done near Caen-Wood, of a silver watch, maker's name Anderson, No. 6323. On Tuesday morning as soon as the magistrates were sitting, I took the paper with the watch, and described the person that pawned the watch; and on the Wednesday

following, the prisoner Hanlan with another man, came to fetch the watch out; the other was a man which I find since, keeps the Seven Stars in Eagle-street, a publican; I went backwards with a pretence to look for it, and sent some of our lads out at the back door to fetch an officer; and kept him there under pretence of looking at the watch; Hanlan was stopped, the other man was known to the officer, and he was let go, it seems he came to buy the watch. I am sure Hanlan was the man that pledged it, and it is the same watch, I have had it ever since.

(Produced and deposed to.)

JOHN DICKSON sworn.

I apprehended Hanlan; I went afterwards to apprehend Mitchel, Hanlan went with me, he shewed me where the pistols were hid in a field under a bush.

Court to Vaughan. Are you equally sure of both the prisoners? - Yes, I was confused at the office, and could not recollect them, Mitchell I knew at first, but I was not so sure of Hanlan.

BOTH GUILTY , Death .

They were humbly recommended to mercy by the prosecutor.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-37

595. CORNELIUS CARTY was again indicted for feloniously assaulting Samuel Done , on the king's highway on the 30th of April last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will one man's hat, value 8 s. and 4 s. 6 d. his money .

(The witnesses ordered to withdraw.)

SAMUEL DONE sworn.

I had been at a club which I go to once a fortnight, on the 30th of April, at the Blue Posts at Mount Pleasant; coming home between twelve and one through St. Giles's, I met with the prisoner opposite Drury-lane in St. Giles's, he said it was a cold night; I said it was rather coolish; and then he said you are a country man of mine; I walked down almost to Oxford-road, he walked with me, I was going to my lodgings, I live in St. Giles's, he walked along with me, he brought me that way, we were talking about the country.

How came you to walk past your own place? - He wanted me to go to drink with him, I wanted to go home to my lodging.

How came you to go past? - I was talking to him, and I went past, I told him I was too late home, he said stop, let us have one sixpenny-worth, I told him I would not go, I shall be knocked down; says he if you will come down this street, that was Bambridge-street , I believe says he, we can have one six-pennyworth, and be safe; I consented to go with him, we went through a narrow court into another street, there was a public house the corner of that street, but it was shut up, we could not get in; and coming back from that public house we came the same way, the prisoner came behind me, he stepped across in a narrow passage, and knocked me down; he took my hat and put it on his own head, on his own hat; I says, leave me my hat; he says to me, you bloody thief, or some wicked word, if you say a word I will rip your guts open; and he took 4 s. 6 d. out of my right hand breeches pocket, and went away; I called the watch, and he came directly, the prisoner was not found that night, he was taken six weeks after, my hat was never found.

Mr. Garrow, Prisoner's Counsel. I think you did not tell my Lord what you are? - What I am, Sir, a tin-man .

Where pray? - I work for Mr. Smith in Gerrard-street.

Where do you lodge? - I have lodged in Phoenix-street three years, but now within this week or fortnight, I have lodged in Gerrard-street.

What sort of a club is that at Mount-Pleasant? - A club that I pay money once a month to; it was twelve o'clock when I left it; Mount-Pleasant goes into Gray's-Inn-lane.

How did you find yourself in Drury-lane in your way from Mount-Pleasant to Phoenix-street? - I was going along there, the prisoner was quite a stranger to me, I had seen him before by sight, I told him I knew him.

You did not know what he was? - No.

So in Bambridge-street you was told by him, you might go to have six-pennyworth, and be safe? - Yes.

And that shop was shut? - Yes.

You was upon the ground when he took your hat? - Yes.

Did you tell the watchman who had robbed you, and shew the marks; you have no doubt of the man at all? - I know the man perfectly well.

And you always said so, did you? - Yes.

And always swore so? - I did.

You always said so, and always swore so, and you have no doubt? - Yes.

You made your first information before the justice on the 6th of June? - No my first information is made on May day in the evening.

You did not know this man's name? - No; on the 6th of June, I saw him before the justice, and swore positively to him; I had not the least doubt.

How came it then that he was committed from the 6th for further examination on the 9th, you did swear then positively to him? - Yes.

Did not you attend on the 9th? - I attended twice.

What need for further examination, if you swore positively to him the first day? - Because it is not the English custom.

Nor the Irish custom neither.

You saw him for the first time on the 6th of June at the office? - Yes.

Then you attended two more days before you got yourself up to swear positively to him; what magistrate was it? - Mr. Walker.

This club, I suppose, is a good jolly sort of a thing? - I had never been there but twice; I was not a new member, I had always sent my money.

Was you drunk or sober this night? - I was neither drunk nor sober.

You was what we call in a state of betweenity? - I was quite feasible; I was very well; I had company with me till I got to Drury-lane; and meeting with the prisoner and discoursing with him I went out of my way; I went with him to the ale-house; and I never saw him again till six weeks after.

EZEKIEL URIEL sworn.

On the first of May the prosecutor called on me, and said he was robbed. I was present when the prisoner was examined, the examinations were taken in writing, I do not understand the nature of them, why they are not returned.

EDWARD TREADWAY sworn.

I took the prisoner on the 6th of June in the evening, out of the Hammer and Trowell, in Church-lane, St. Giles's, I said to him, I have a warrant against you; I took him to the office, the prosecutor went and picked out the prisoner directly; Carty jumped over the box, and said damn you what do you want here.

Was the examinations taken in writing? - Yes, I believe they are here; it was about eight in the evening when the magistrate committed him for another hearing; the prosecutor was examined and swore to him that night.

Mr. Garrow. You sent word you had got the man you suspected had robbed him? - Yes, and he came, and the man was committed on suspicion after the prosecutor had been examined upon oath, and re-examined on the 9th, and this prosecutor attended again on the 9th, and he swore to him on the 9th. I have been about eight years in this business, I believe

very few are committed fully on the first hearing.

What is the practice at your shop? - He was had up to Litchfield-street, he was committed from us, and examined for another offence; I dare swear so far as this, that where there is one man fully committed the first time, there are three that go on for a second hearing: They mostly do so at Mr. Walker's office, they seldom commit the first time.

GEORGE MEECHAM sworn.

I know no further than apprehending the prisoner.

JOHN RYAN sworn.

I am one of the patrol of St. Giles's, the prosecutor called watch, the 1st of May between one and two, I found the prosecutor without a hat, he said he was robbed of his hat and his money.

PRISONER's DEFENCE.

Here is the man that laid with me the same night, I have four or five witnesses.

Mr. Garrow. If the Jury wish to hear them, I will call them, but not otherwise.

Prisoner. I leave it to my counsel.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-38

596. JOSEPH OAKES was indicted for stealing on the 23d of June last, a man's hat value 3 s. the property of William Figg .

The prosecutor took the prisoner with his hat in his hand.

GUILTY .

Imprisoned six months .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-39

597 MARY ARBIN and SARAH YOUNG were indicted for feloniously stealing, on the 12th day of July , nine yards of check muslin, value 30 s. the property of John Fisher , privily in his shop .

JOHN FISHER sworn.

I live in Swallow-street , on Thursday last, I saw the prisoners come into my shop, both together, between four and five in the afternoon, they walked six or seven yards into the shop; then I heard Mary Arbin ask my shopman to shew her some muslins; Young was in the shop close by her, she asked for nothing at that time; the man's name is Richard Reynolds ; I took no farther notice at that time, but went about some other business in the shop.

Were there any other people in the shop at this time? - Yes, four or five customers; about twenty minutes or half an hour after, a lady came in and gave information about some muslins, and I sent out my shopman, and he brought in the prisoner Sarah Young ; his name is William Hodges ; she walked up near the counter, and I saw her drop the muslin from her apron, she dropped it about half a yard from the counter, before she came to it, and after she dropped it on the floor, she kicked it with her foot nearer to the counter, and near to the prisoner Mary Arbin , who still remained in the shop; there were nine yards of it, it had the shop mark upon it; the first is six quarters, which means the width of the muslin, a figure of 6 and a turned up E. I have no doubt of it's being my property.

Did you hear any conversation pass between the prisoners? - No; the value of the muslin is 30 s. I have had it about six weeks or two months, it was not an old shop-keeper.

Mr. Knowleys, Prisoner Arbins's Counsel. Then you did not see these people hold any conversation together? - No.

At the time Young was brought in Arbin was in your shop? - Yes.

There were several customers? - Yes, three or four.

You searched Arbin? - Yes, nothing was found upon her.

RICHARD REYNOLDS sworn.

I am shopman to Mr. Fisher; on Thursday the 12th, about five in the afternoon, the prisoners came in together, and Mary Arbin asked to look at some muslin; I shewed her a parcel, not any of which she approved of; I then shewed her a second parcel, which she likewise did not approve of, and I think, to the best of my recollection at that time, I asked Mary Arbin if she came with the other prisoner; she answered no; for as they came in toge- there, I considered them as one customer; I then shewed Mary Arbin a third parcel of muslin, which she purchased some of; she did not pay for it; I likewise shewed her some check muslin.

Did Arbin ask for check muslin? - At that time she asked for check muslin; she likewise bought some of that; she afterwards asked to look at some check, she bought a yard and a nail of the check, that was a proper quantity for an apron; she desired me to cut off three yards three quarters of check; I cut off for her a yard of clear muslin, at eight shillings; a yard and one sixteenth of six-quarters check muslin, at five shillings; after I cut the check off I saw William Hodges bring in Sarah Young ; she had a bundle in her apron, she came into the shop, and when she came to the middle of the shop, close by Mary Arbin , she let her apron loose, and there I say her drop a quantity of muslin.

Was the muslin she dropped any part of this piece that you had cut off? - No, it was not; I did not see her do any thing to it after she had dropped it; I saw her drop it close to the counter; it was the property of John Fisher; I know the marks, I cannot say who marked them, but it is the shop mark; I have not the least doubt of this muslin being his: we had not then an opportunity of examining whether such a piece of muslin was missing.

When you sell a piece of muslin out of the shop, you sell them with your marks on? - Yes.

Had you sold such a piece or remnant as that? - No.

Mr. Garrow. You say that Arbin was in the shop, and dealing with you at the time the other was brought back? - Yes.

You had several other customers in the shop? - Yes.

WILLIAM HODGES sworn.

I am shopman to Mr. Fisher; on Thursday about five, I saw the two prisoners come into the shop together, as close as they possibly could.

Did you hear them converse together? - After they came into the shop I did.

You are sure of that? - Yes.

What was their conversation about; - It was something seemingly to themselves; I was at the other counter doing up a piece of Irish.

Did they talk loud enough for you to hear them converse together? - No, only I heard a whispering between them as they came in together; I thought them to be in company together; they stood together in the shop, and never spoke; I set them two stools to sit together; then some of these gentlemen waited upon them on the other side; after they had been some time, and done some business, Sarah Young went out of the shop by herself; soon after she was gone out, a lady gave information about some muslin, and Mr. Fisher sent me out immediately; I followed the prisoner Sarah Young about one hundred yards from the shop; I overtook her seeing her stoop down, pulling a piece of muslin from under her petticoats, and putting it into her apron, and folding it up; after she had done that, she was walking off, I catched hold of her hand, I told her I should be obliged to her if she would come back to the linen draper's shop at the corner with me, for there was a mistake between her and the young person that waited upon her, with that she immediately

turned and looked in my face, and said, she could not think what mistake it could be, as she had only brought one handkerchief and paid for it; I told her I did not know any thing what it was, but if she would be so kind as to come back along with me, we could soon determine it; she came back with me, I brought her back against the counter, and I asked her what that was she had in her apron, she answered nothing at all only the handkerchief she had bought; she immediately unloosed her apron, and dropped the muslin down near to the counter, and gave it a kick back with her foot, towards the prisoner Arbin; I asked her if her pocket handkerchief would make such a bulk in her apron as what she had when I brought her along the street, and she said she had nothing but her handkerchief, and she shewed me her handkerchief; I told her she had dropped the muslin there; she said I had accused her very wrong; I said, I saw you pull it from under your coats at the corner of the street, and put it into your apron; she denied knowing Mary Arbin, or seeing her before that time; and Mary Arbin said the same, she knew nothing of her, and protested she wished she might never see the Almighty with her eyes, if she ever saw her before.

Are you sure you heard them whisper together? - Yes.

I produce the property; my master took it up and gave it to me; it has been in my care ever since.

(Produced and deposed to with the mark upon it.)

I know it to be the shop mark; and I can prove it to be my master's hand writing.

Do you know whether you sold such a remnant? - No, I do not believe we did; we had three pieces much about the same price and pattern; the night before, and the night of the robbery we had but two pieces of that kind in the wrapper; we straighten the wrappers every night, and the night before they were all right; we discovered that piece to be missing that evening.

JAMES COLLET sworn.

I am a master taylor; I was coming by the shop, on Thursday the 12th, about five in the afternoon, I saw a vast croud of people; I asked what was the matter, and I went on to a customer of mine; it rained very hard, I went into the Crown alehouse for shelter, and there were these prisoners, and the constable, and Mr. Hodges; I went to the Justice's with them; when we came there, the two prisoners denied one another, knowing or seeing each other; I told the Justice I saw them talking to each other in the alehouse.

Court. But that was after they were taken up? - Yes.

STEPHEN PITT sworn.

I know nothing more than taking than taking the prisoner into custody, and I found half a guinea and sixpence on the one, and some money on the other.

Court. Have you brought all the servants that were in the shop? - No.

There are servants that you did not bring? - Yes.

JAMES BLANDY sworn.

I saw two genteel young women get out of a coach, and I walked by the side of them along Mary-bone-street; I know the prosecutor Fisher, part of his house is in Swallow-street, and the other in Glass-house-street.

Do you know them again? - I cannot swear to one of them; I know one perfectly well, that is Sarah Young ; I do not know that I ever saw the other in my life before; I lost sight of them, and in about the space of fifteen or twenty minutes; one of them came back again, and just against our waggon where we were unloading coals; she dropped a bundle from under her petticoats, and put it in her apron; that was Young.

PRISONER ARBIN'S DEFENCE.

I am very innocent of the matter.

PRISONER YOUNG's DEFENCE.

I had nothing but the handkerchief that I bought in the apron, and I shewed the gentleman coming along the street that I had nothing else.

MARY ARBIN , NOT GUILTY .

SARAH YOUNG , GUILTY , Death .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-40

598. JOHN GOLDSMITH , GEORGE CLARKE , JOHN CARROLL , were indicted for stealing on the 29th of June last, one piece of linen handkerchief, value 3 l. the property of James Bishop , privily in his shop .

The prosecutor's wife saw the prisoner Goldsmith in the shop, with the handkerchiefs under his coat, the other boys were not in the shop.

JOHN GOLDSMITH , GUILTY. 4 s. 10 d.

Transported for seven years .

GEORGE CLARK JOHN CARROLL

NOT GUILTY

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-41

599. JOHN ELLIOTT was indicted, for that he, on the 9th of July , with two certain pistols loaded with gun-powder and divers leaden bullets, which he in both his hands then had and held, in and upon one Mary Boydell , spinster , in the peace of God and our Lord the King then being, unlawfully, wickedly, and feloniously did make an assault, and at her the said Mary did shoot, in the King's highway, in a certain place called Princes street , against the statute, and against the King's peace .

A second count, charghing him with shooting at her with one pistol.

(The case opened by Mr. Garrow.)

Gentlemen of the Jury, I am of counsel in this case for the prosecution against the unfortunate man at your bar, who is charged, as you have collected from the indictment, with the offence of shooting at Miss Boydell; and that offence, by an act of parliament, in the ninth of George I. is made capital, and subjects the party accused, and found guilty of it, to the punishment of death. Gentlemen, this is a sort of offence in this country, and in this metropolis, which for the honour and credit of both, is a very rare one; and therefore whenever such a case is brought before a Court and Jury, it calls for their most serious and most careful attention; for it such offences should be committed in the metropolis of this kingdom, with impunity, I am sure all of you will feel that security in which you boast, to be much less than you have flattered yourselves it is; if a daring assaffin, urged by impetuous desire, by resentment, or any other ungovernable passion, shall place himself at the corner of the streets, and take, or attempt to take, the lives of the king's subject; surely our security would be at an end; and therefore, sure I am, that such cases require from a Jury the most serious and careful attention; more than such an attention I do not ask. Gentlemen, I do not desire to inflame your passions, or ask you to give a verdict against the prisoner, unless you are clearly satisfied, first, that he has committed the act; and next, that he is in a state, in which he ought to be accountable for his actions: I say this, because I understand, that the defence is not, that the fact has not been committed; for that will be made out to you as clear as that sun in whose face it was committed; but it will be attempted on the part of the prisoner, to be stated to you by witnesses, that this unfortunate man is not, by the law of England, accountable for his actions; and therefore your attention will be, to discriminate and to enquire, whether he is an accountable being or not; whether by the law of England, under the directions of the bench, he is accountable for his actions. Gentlemen, I will now proceed to state to you who the parties are, that are concerned in this prosecution; what this supposed connection was, and shortly to state the facts which give rise to the present prosecution. Gentlemen, Miss Boydell, who is the person that has been attacked in the present case, is the niece of Mr. Alderman Boydell; and I believe there does not exist in this town, or perhaps in his Majesty's dominions, a more respectable, a more amiable, or a more virtuous character than Miss Boydell is: she lives in the family, and under the protection of her uncle; and the prisoner, during the earlier part of his life, lived at Mess. Smith, and Co. apothecaries,

in Cheapside; he there had opportunity of knowing the character of Miss Boydell, which certainly was of a nature that might have provoked the affection of any man living; the prisoner afterwards set up in his business, exercised very considerable talents, and procured for himself very large emoluments; it happened (for in this case it is not my object, nor is it the object of those who sent me here, to keep any thing from you that might operate, as an excuse or palliation for the prisoner) it happened that the prisoner in the character of an apothecary, visited some young ladies of the name of Lloyd, who, rather than depend on relations, had submitted to the employ of mantua-makers; Miss Boydell employed them in that capacity; the prisoner visited them in his professional character; and I understand they took many opportunities of recommending the prisoner to Miss Boydell, speaking of him as a person of good character, and thriving in the world; and Miss Boydell, I understand, upon some application of these persons, may have expressed some wish for the wellfare of this prisoner; but beyond that, I am instructed he cannot carry it; and therefore if it amounted to a complete plea in bar of this indictment, if it were a perfect excuse that he had received encouragement from her, no such excuse exists in this case; but no man can certainly shelter himself from the law of England, by stating that he has been ill-used; that his resentment has been provoked, that his passions have been excited by that which appears to him to be bad conduct; and therefore if it was to appear clear to you, that from Miss Boydell this man received encouragement, (which he has not) but if he had, it could not operate in this case: I mention this only, that you may not be caught hold of, that your passions may not be excited, that you may not be run away with by suggestions or apprehensions, that possibly he had been led by jealousy, by attachment, or any other motive; for I am authorised to state it; and I challenge the world to prove the contrary; that he had no such excuse, he has no such palliation, he has had no such encouragement. Gentlemen it happened on the 9th of July, that Miss Boydell, in company with a witness I shall call to you, a Mr. Nicoll, a bookseller in the Strand, who is perhaps known to you to be a very respectable and well-known character, were going to Miss Boydell's brother's to dinner; they were in the street arm in arm, she had not seen the prisoner, nor bad they any reason to expect any thing that could alarm them; when in an instant, the first thing that Mr. Nicoll perceived was a violent explosion at his ear; that ear next the lady; he turned round and saw the prisoner in great agitation; he seized the prisoner, and used some expression like this; You villain, is it you that have shot? to which he said, yes; avowing the act; by no means disavowing it. or shewing any contrition of what he had done; he was secured; in the way to the magistrates he was searched, and upon him were found two pistols. Gentlemen, you will observe that this explosion was not by a single pistol; it was not by one common instrument of death; but by a brace of pistols well secured together by packthread; so that they might be discharged at one and the same instant, and in that state, with both his hands close to the body of the lady, these two pistols were discharged! You will all agree with me, that, it was miraculous enough, that her life was not taken! after he was secured, in his pocket were found another brace of pistols, exactly resembling those he had in his hand; and tied up and made secure exactly in the same form. Gentlemen, it has in a case of this sort, once before been urged, as well as it could, that this must be desperation, and that you are to conclude that the second instrument was intended for his own destruction; but if that was certainly the case, it constitutes no apology; it affords no excuse; it amounts to no justification; because if a man is desperate enough to attack his own life, it is not permitted to him to involveothers by the same desperation: but I am afraid it forms a very formidable and considerable part of the testimony against this prisoner; I am afraid it looks unlike that which they make their defence; and it looks like cool deliberation; it looks like premeditation; and if you suppose that it was his intention, either if he failed, or completed his purpose, to take away his own life, it does not weigh a straw; and therefore can go no one step towards an acquittal. Gentlemen, the prisoner was taken to the magistrate's, he was there examined; and, in that respect particularly, I must request you to attend to his language; at first he seemed perfectly resigned to his fate; rejoiced in the mischief he supposed he had done, congratulated himself that Miss Boydell, the object of his resentment and passion, was now at an end; and declaring that he did not care how soon he followed her; but upon its being whispered in the room that she was not dead, he broke out into the most ungovernable passion; and he then manifestly displayed his intention, and confessed that all his disappointment, and all he felt of an uneasy nature was, that that design had not been carried into execution. Gentlemen, I have now stated to you all the facts that belong to the case; I mean to the immediate commission of it; there are others which it will be extremely important for you to lend your attention to: and, Gentlemen, I understand the defence of the day is, that he is not in his perfect senses. I know of no defence that calls so much on a Jury for calm and deliberate attention; because there is none which, if it is well made out, ought to be so effectual; for the humane principle of the law of England is this, that no man shall be accountable for his actions, who is under the visitation of Heaven, by a malady which renders him unknowing what he does, unconscious of the mischief he commits, and therefore he is not amenable to any Court of human judicature; but such a defence ought to be made out in such a way, that the Jury shall, without pause, without hesitation, be convinced of it; for it is a defence easily made, and easily collected from the fact itself, and dangerous in the extreme, if not admitted with great caution. Gentlemen, I wish to guide your attention to this; and it is fit that every Jury should be so guarded, and that they should not conclude that, because this is a fact, in its own nature atrocious and beyond example, therefore the man who committed it is undoubtedly insane. Gentlemen, I intreat you to seek for clear and unequivocal proofs of insanity; if you find them, in God's name let him be acquitted; God forbid he should be condemned, if you find out that he was not in his sober senses; for by the law of England, insanity is a sufficient excuse, if he is under the operation of it: On the other hand, although you know infants are not amenable to the law in general, yet there are cases where an infant has had a found discretion, or rather a mischievous intention; and an infant of very tender years has been executed: just so in the case of lunatics, if they are in the state of infants, not having a found discretion. I say again, God forbid they should be condemned, but if the Jury find they have a malicious discretion; that they know what they are about; that they plan it with the deliberation of a man in his sober senses, then they are not, from the atrociousness of the act, to infer that the criminal is a lunatic: let us therefore, Gentlemen, look at the facts of this case, and see whether they are those that bespeak the madman. I am not in possession of the history of this unfortunate man; he has been a man attentive to his interest, very attentive to it I understand, and I shall be able to prove as attentive as most men have been: I shall prove to you that this was not the sudden start of a madman influenced by the moon, or any other planet; but that it has been the result of a long and premeditated intention; that it has been the subject of his conversations, and that it has been the topic of letters, written to Alderman Boydell and the Lady; and I shall prove that there isno doubt but this fact has been harboured in his mind, and there are his own declarations that the pistols were purchased for the express purpose; that he had kept them, because he had not an earlier opportunity of putting it into execution. Gentlemen, I can say with truth, that neither me, nor those that sent me here, seek the life of this man; but I shall prove that he has been for weeks and weeks seeking an opportunity of perpetrating this outrage, and that in an assumed name, not his own; and that is not the act, I am afraid, of a madman; he had placed himself in the family of a servant of the brother to this lady at West End; introduced himself to the servants of that brother; played with the children, and sought every opportunity of being there under a borrowed name. Gentlemen, I shall also prove to you, that having about three months ago continued in that family for six weeks, and having left it, he returned there, and desired to be admitted to sleep in that house, on the Wednesday before this transaction, and also to have some liquor. Gentlemen, the declarations he has made at the office, and the letter written to Alderman Boydell, will be strong proofs of these facts; he said at the office that he had written a letter to Alderman Boydell, that he meant to take her life, and the Alderman's life; and I shall prove that such a letter has been sent. Then the only inquiry you will have to make, in point of fact, will be, whether this man has maliously and wilfully shot at Miss Boydell, and about that, the fact will be extremely short. I mentioned to you that there were found on him when taken, another brace of pistols; and it is necessary, as I have it not in my power to produce those pistols, to say one word or two about them. Gentlemen, the prisoner was carried, most unfortunately indeed for the purposes of public justice, to the office of Mr Hyde, a Justice of Peace; he was there examined; and the pistols were delivered into Mr. Hyde's possession; when I first knew of this case, I desired the very first thing I did, that they might no longer remain in that custody; it appeared to me to be essential for the purpose of public justice that they should be in other hands; in consequence of my applications, application was made for them; and it is enough for the purpose of to day that I should state the fact; but it must be enquired into in another place; the fact is, those pistols are not forth-coming! Why not? Why Mr. Hyde knew that he ought not to have parted with them to any human being? Why, he has parted with them? To whom; and on what occasion; or what apology he can offer to the Court, it is for himself to state, not for me. I have stated the apology of the prosecutor for not producing them, and I shall only add at present, that if Magistrates so entrusted, dare so to conduct themselves, it is to be lamented that public prosecutions fall into such hands; it is no impeachment of the prosecutor, he essayed to bring them here, and he has postponed this trial in hopes of producing them; but I understood to my utter astonishment, and to my extreme surprize, they are not to be produced; but I also understand it is in the power of Mr. Hyde, the Justice, to give some account of them; to tell you that they were like those that were found on the prisoner, and that were discharged, and to tell you what was the contents. Gentlemen, I thought it my duty to state to you that they are not here, and to state to you as well as I can; not the reason, but the apology of the prosecutor. Gentlemen, the question you have to decide under my Lord's direction, therefore is, whether the fact has been committed, and committed by the prisoner at the bar; and next, whether he was in a state of insanity. All that I have to say to you on that subject; for you will receive very able instructions from the Judge, who has had the painful office of watching such defences before, and has summed them up; all I have to say on the subject, is this; that if you are satisfied that in the general, this man was in his discreet and found mind; that he knew what he was doing; that he was accountable; that he ought tobe accountable; that he ought not to be let loose to commit murder, and then plead madness; you ought to pronounce him guilty. If on the other hand, my friends prove him a lunatic, then you will find him not guilty; and we shall all have to rejoice in common, that the efforts of a madman have not had the desired effect. Gentlemen, you cannot, nor you will not compromise your oaths; if you are satisfied he is guilty, you will find him guilty; if you are not satisfied of that fact, I shall not ask you for such a verdict.

GEORGE NICOLL sworn.

Mr. Garrow. You are acquainted with Miss Boydell? - Yes.

And have been so for some time past? - Yes; I was in her company on the 9th of July; I was going to conduct her to her brother's to dinner; we were going to Wimpole-street from Pall-mall; we had to call in Princes-street, Leicester-fields, about some business.

What time of the day was it you was in Princes-street? - I think about half an hour after one, or twenty minutes.

Tell us distinctly what you first observed relative to this business? - An excessive noise and blow on the side of my head; I observed a violent report louder than the ordinary discharge of a piece; I believed it to be a blow on the left side of my face; I immediately let the lady's arm go, and turned round suddenly, believing it was some mischievous boy, who had fired off something, and with my open hand meant to give him a blow; upon my turning round, I observed the prisoner seemingly in a pause, and seemingly in great agitation close to me, within a foot of me, immediately behind me, holding the two pistols tied together, as I found afterwards, in his right hand, which he had discharged.

Had you observed him at all before? - No, not at all; I never saw his face before in my life; I seized him immediately; upon my seizing him, he dropped the pistols, or held them so slightly that a little boy in livery, a stranger whom I never saw before, took them from his hand.

Did you say any thing when you seized him? - I cannot exactly remember the words, but I suppose I made use of some such as these, was it you, you villain, that fired.

Did he make you any answer to that? - He said I am the man; upon that there came out from a shop close to which the accident happened, a Mr. Griffiths, a shoemaker, who being behind us, saw what we did not see; he came out, and took his left hand; the boy I believe his right hand, I holding him in the mean time; but it occurring to me, that the lady who was with me was in danger, of course I immediately let him go, and turned round as quick as I could to look for the lady; finding her protected in a shop, I returned to the prisoner, and on searching him, I found another brace of pistols fastened in the same manner, and exactly similar; they were in one of his coat pockets; they were exceedingly like the other two, I am sure of that, which were fastened together with packthread.

In what manner? - First round the barrels, and then round the stock; they were fastened the same way with those he had in his hand; we immediately drew up the pans of the pistols that were found in his pocket, turned out the priming, and let down the cock; and then I put them in my pocket.

Did you observe whether besides being primed, they were loaded? - They were loaded to the muzzle, the wadding stuck out at the mouth of each pistol, I observed that particularly; upon this, we carried him before Mr. Hyde, the Justice.

Did any thing pass in your way to the Justice's? - In our way there he said he was happy he had sent her before, and that he was willing now to die, for he had had his revenge, and he was satisfied.

Did he say that more than once? - Frequently, repeatedly all the way thither; we then went before the Justice, the Justice

then examined the pistols that were fired off, and returned them to the boy in livery, who had taken them from the prisoner; the boy's name is Butler; the Justice then asked who had the charged pistols; I said I had; he desired to take them into his hand, and I gave them to him; he then laid them on a shelf on his left hand.

Did the prisoner say any thing in the presence of the Justice that is material to state? - We then went on to take our depositions, and during the time of our depositions, a woman came into the room, and said she had seen the lady, or heard of the lady; I naturally having nobody to enquire of, was very anxious to know; I asked this woman how she was; she said she was better than could be expected, or something to that purpose; when the whisper went round the room that she was not killed, the prisoner exclaimed in a most violent rage at his disappointment; to the best of my knowledge he said, is not she dead! and clasped his hands seemingly with great agitation, and disappointment, in a way that shocked me: he then broke out into terms of abuse of the lady, the alderman and family, that can hardly be repeated.

That I believe is all that you know to be material? - I believe it is, that is all that passed in the presence of the Magistrate; I left these pistols with the Magistrate, supposing they could not be safer than in the hands of a Magistrate before whom the prisoner was carried; I have since applied for them, and have not got them.

Mr. Silvester Prisoner 's Counsel. If I understand you right, not a word was said by the unfortunate gentlemen at the bar before your heard the explosion? - Not a word.

But the moment you made use of some very strong expressions, he appeared very much agitated, and said he was the man? - Yes.

Then he was taken before the Magistrate? - Yes.

And at that time seemed to express very great satisfaction? - Very much.

What were the words? - He was glad he had sent her before him; he was glad he had had his revenge, and many more that I cannot remember.

So that he expressed as much satisfaction as a man would do that had done a praise-worthy act? - Most assuredly.

That was at a time when he was in custody, and you going to lay an accusation against him? - Yes.

When he heard that she was not killed his passion began, and he made use of very abusive language? - Yes.

JAMES BUTLER sworn.

I am servant to Mr. Brown, the Surgeon; I happened in be in Princes-street at the time this accident happened; I first observed the prisoner stepping very fast after Mr. Nicoll and Miss Boydell in Princes-street.

How long did he follow her before he came up to her? - I did not see him very long, I saw him much about five yards off.

Was it near the corner of the street? - It was just opposite No. 7, within seven doors of the corner of Princes-street, that goes down to Coventry-street, just as I came up I heard the report of a pistol, and saw it flash.

Where was that pistol at the time? - In Elliot's hand.

Where did he present it, where did he hold it? - Towards the lady.

How near to her? - As close as he possibly could.

Upon your hearing the explosion, what happened then? - I was just come up to them; then I saw Mr. Nicoll turn round, and seize the prisoner; I heard Mr. Nicoll say, is this you, you villain, who fired, and he said yes, it is, and immediately he dropped the pistols, and I took them up.

Have you got these pistols here? - Yes.

Have you had them ever since? - Yes.

Are they in the same state they were then? - Yes, except a piece of paper that kept them fast; they are in the same state, they were tied together in the manner they are now, at the barrels, and at the handles; the right side lock was exactly in the same state it is now, the other was not, and some of the priming of the right hand pistol was in; one pan was down, and the pistol discharged; and the other pan was not down, and the cock half cocked, and a very little of the priming in; there was nothing in the barrels of either of them.

Who examined them? - They were examined at the office.

Did they appear to you both to have been discharged? - They appeared both to have been discharged.

If they both appeared to have been discharged, what do you mean by the pistol being half cocked? - By the strength of the string, I thought the pan flew back again.

Put them in the position they were when you had them? - The pan was quite down as it is now, and the pistol on the half cock, a small part of the priming was in the pan of one.

Did you examine the barrels whether there was any of that sort of dirt which is in pistols after they are discharged, any of that moist powder? - No, I did not, they examined them at the office, only I observed that they were both gone off by there being nothing in the barrel; from the strength of the string, I thought it might spring back again.

Was there any of the priming? - A little just at the edge of the pan.

Did you hear any of the expressions that the prisoner made use of? - At the office he made use of very violent expressions; at first, he said he was very willing to die, as he had sent Miss Boydell before him, and he wished somebody would take the other brace of pistols, and blow his brains out.

That you say he said at first? - Yes.

Do you remember any body coming in, and speaking how Miss Boydell was? - A woman came in, and said Miss Boydell was better than could be expected; he immediately fell into a violent passion, and clapped his hands together and said is not she dead? is not she gone? and seemed very sorry that she was not dead; he said at the office he had wrote several letters to Alderman Boydell, that he intended to take her life away, and for the Alderman to take him before he did do it; the Justice asked him how long he had had the pistols, and whether he bought them for that purpose, and he replied that he did, he said he could not rightly tell how long he had had them, but he had had them better than two months.

Mr. Silvester. You saw the pistols quite close to the lady? - Yes.

Then afterwards, when Mr. Nicoll called out, he did not attempt to go away? - A little at first; not after he dropped the pistols, and I picked them up.

Then when he came before the Justice he seemed very pleased at first at what he had done? - He seemed pleased at first, but rather in a flurry; he expressed himself as very happy at what he had done; then he flew in a violent passion at hearing the lady was not dead; said he had wrote to the Alderman, and told him all about it, and desired the Alderman to take him.

So that before the Justice at first he was very well pleased, then in a violent passion, then very abusive, then he told you he had wrote letters about it? - Yes.

THOMAS GRIFFITHS sworn.

I live in Princes-street; last Monday, between one and two o'clock, as I was standing at my shop window, I observed Mr. Nicoll and a lady walking by my shop, arm in arm; just as they came opposite to me, I saw the prisoner step up very hastily behind them, and thrust his hand forward, the instant he thrust his hand, I thought he was going to pick the gentleman's pocket; I heard a violent report, and saw the flash of a piece go off; it was such a sudden matter, I could not tell what he was going to do; as soon as ever the piece went off, I immediately ran

out of the shop, and I saw Mr. Nicoll, I thought he was dropping down, I thought he was shot, upon the edge of the curb-stone slipping off; I immediately laid hold of the prisoner by the collar, but recollecting he might have other fire arms about him; I let go his collar, and seized him by the two wrists; he made a struggle, but not a struggle to get away, but a struggle as I thought to put his hands in his pocket; when I had him by the hands, several other people came up, and I desired their assistance to take him, least he should have other fire arms in his pocket; when he found I believe there was no opportunity of putting his hands in his pocket, he directly said I have other fire arms, I have another brace of pistols; when we secured him, we searched his coat pockets, and in one of his coat pockets we found a brace of pistols; I left them in the pocket, and saw them taken out by the person that was on the other side.

Did you observe what condition these pistols were in? - When we took them out they were loaded up to the muzzle.

Did you see Mr. Nicoll shake out the priming? - No, I did not; after the pistols were taken from him, he said, not to use him ill; he did not mean to run away, as he had now had his revenge; he said he was very willing to die the next minute; we took him to the Justices, and he said he had written letters to Mr. Boydell and Miss Boydell, and he was amazed, Mr. Boydell had not had him taken up to ease his peace of mind, and prevent the mischief he had now done; I remember when the Justice asked him for what purpose he had bought two brace of pistols, he said he meant to shoot the lady with one pair, and to make away with himself immediately with the other; the Justice likewise asked him how long he had had them, and he said, he had had them a month or two, but he was so confused then, that he could not recollect how long, but he believed it was a month.

That was his own expression was it, that he was so confused then? - Yes, that was his expression, he said he bought them for that purpose; the pistols that were left with Mr. Hyde, the Justice, were loaded to the muzzles.

Mr. Silvester. You saw the wadding at the end? - Yes.

That is not the usual way of loading pistols? - I do not know, I am no sportsman.

Is that your way of answering? it was all instantaneous I think? - Yes, it was all done in a second or two.

He was very much agitated, you do not think he was pleased or satisfied at all? - Why he expressed a little satisfaction before he knew the lady was alive; he said as he had now had his revenge, he was willing to die the next minute; he repeated it several times; when he was told the Lady was not dead, he was in a violent passion, at the Justices; I cannot tell whether it was before or after when he said he was confused, I did not see the lady.

Mr. Garrow to Mr. Nicoll. How soon after did you see Miss Boydell? - I did not see the clothes till I came from the Justices, the cloak was a muslin one, and burnt almost one half of it in the back part, and just by the right shoulder, which was the shoulder next to me; the appearance of the gown was a large black spot in the same place, under the cloak, I believe the gown is here; in the middle of that large black spot, seemed to be indented two marks, as if the gown was stretched ready for bursting, as far as the elasticity of the stays would permit, the two marks were about the size of the mouth of these pistols, and as near as I now hold my fingers, it appeared to be about the distance of the mouth of these two pistols from each other.

Court to Griffiths. You speak of a flash and a loud report, could you in the suddeness of the thing, discern whether there was one or two flashes? - That I could not.

Could you discern whether there was a double or single report? - I cannot say, but it was a very loud report.

THOMAS ASHWELL sworn.

I am a surgeon; I attended this lady after the accident; on examining Miss Boydell, I found a graze on the right shoulder blade, there were two wounds that appeared more swelled than the general contusion; the contusion became general the next day, it was general at first after the accident.

Describe the first appearance of it. - There were two wounds appeared swelled and red.

At what distance from each other. - I suppose an inch, or rather more.

Of what size did the first impressions appear to have been? - One of them was as large as a walnut would cover, the other did not appear so large, but next day the swelling became general and black; it was seven in the evening before I was called in, no doubt it must have time to swell, it could not instantly rise.

What might the extent of the contusion be? - The size of the palm of my hand.

Did you examine the dress that had been over the affected part? - Yes.

Did you observe any correspondent marks to those two tumours? - There were two marks on the gown, from which I concluded some hard body had struck that occasioned the tumours underneath, they were opposite to the tumours as near as I recollect.

Mr. Silvester. So that any two things that had gone with force against it would have left that mark? - No doubt any force would have caused those two tumours.

Mr. Garrow. Had Miss Boydell any stays on? - Yes, they were the usual stays.

Is not there an elasticity in whalebone? - Yes, certainly.

Do you apprehend that the force of a man's hand might cause those two marks? - No doubt if they were applied with any degree of force, it might have produced that swelling underneath.

From the whole appearance together, from the dress and the contusions, do you apprehend it proceeded from such a force, or from the explosion of the pistols and what was contained in them? - There are marks of blackness in the gown, two black marks.

Court. Have you happened to be used to gun shot and pistol wounds? - I have not been particularly used to them.

You saw the dress that Miss Boydell had on? - Yes.

Do you conceive it was sufficient to turn two pistol balls if fired at so small distance? No, I do not think it possible to turn such force.

Mr. Garrow. You told my Lord you had not been accustomed to gun shot wounds? - No.

Do you happen to know that a pistol loses its power of doing mischief, in proportion as the air is diminished; if it is placed very close to its object, from the want of air it loses its effect? - Yes, I know it.

Did you ever fire a tallow candle though a deal board, and you cannot get a ball through it if you were near? - That depends a great deal on the direction it is fired in.

Mr. Silvester. You do not mean to say that a ball against the belly of a very fat man would not go through him? - No, I do not.

MARY BREWER sworn.

I am servant to Miss Boydell, this is the cloak.

A muslin cloak produced, half burnt; and a neck handkerchief burnt.

This is the gown as it lays now. Miss Boydell had whalebone stays? - Yes.

Mr. Silvester. They were not remarkably thick? - No.

Was it whalebone all through? - Yes.

- HYDE, Esq. sworn.

Was you the Magistrate before whom the prisoner was examined? - I was one of them.

Was there any pistols delivered to you?

Mr. Nicoll is here, and he will contradict me or inform the court; Mr. Nicoll and Mr. Elliott were brought to the office

together; I did not know at first who the prisoner was, they were so violent, the room was so full; the prisoner got partly behind me; I saw the pistols, and the mouth of them was against my shoulder; I desired them to be quiet; there was a sort of quarrel between Mr. Nicoll and Mr. Elliot, I took them out of his hand, and they were put down on the table; Captain Lee, who was sitting by me takes them up, and he puts them on a shelf behind; I did not do it; while Mr. Nicoll had the pistols in his hand, I observed the mouth of the pistol with the wadding, that the bullet or slug, or whatever it was, had been drove in, for it had broke the paper, for I could see the lead at the mouth of the pistol as plain as I could see any thing; that was my desire in asking Mr. Nicoll to put the pistol down; Mr. Nicoll went away, they were not asked for, nobody thought of them.

Where are they now? - Sir, I will tell you.

Are they here? - No Sir, I have not seen them since.

Where are they? - I do not know upon my word, upon my oath I do not know; about ten minutes, or a quarter of an hour after, a person that was standing in the room, who was talking with Mr. Elliot -

You have not these pistols here which were left with you by the parties? - A person that was standing by, who was talking to Mr. Elliot, who was aggravating Mr. Elliot; I desired him to be quiet and hold his tongue, or I would turn him out of the room; immediately after that he walked round to Mr. Nicoll, and stood by him all the time of his examination; soon after the parties had gone away, he came back and said he came for the pistols.

Had he, on the part of the parties, made any information on the part of the crown? - No.

Did you know him? - No, I did not know the pistols were in the house till then.

Did you ask him his name? - Yes, and he said his name was Thomas Brown, a Cabinet-maker, and he lived in Drury-lane.

When did you give them him? - Directly, I suppose it was three o'clock on the day on which the examination was had.

Did he ever make any information before you? - Yes, at that time.

In whose presence? - There is a person who is subpoened, John Pation , who attends the office.

Did you write the information? - I did.

On what day? - The 9th of July.

Will you swear it was the 9th? - Yes.

Not upon the 11th? - No.

Then he never gave any information on the 11th? - No.

He described himself to live in Drury-lane, and to be a cabinet-maker? - Yes.

That was his description? - Yes.

Did you believe that description? - Yes.

Did you never say he lived next door to Griffiths? - No Sir, I have sent all over London after him.

You say it is not your custom to keep things brought into the office; is it not your custom to keep material evidence, which is to be produced in a prosecution? - I never had any thing left, nor this would not have been left if we had seen them.

Did you know where Mr. Nicoll lived? - Yes.

Did not you know where Mr. Alderman Boydell lived when this man was committed? - No Sir.

Do you mean to swear that? - I do mean to swear I did not know where he lived.

Did not you bind the parties over? - Alderman Boydell was not there; Mr. Nicoll was bound over; he told me he lived in the Strand, and was a bookseller; I should have delivered them, supposing Mr. Nicoll had sent his servant; when Butler brought the two pistols that were produced, there was a doubt whether one or two of them had gone off; the pistols

were produced, and laying on the front of the table, we took a pen and examined the bottom of the pistols, and we found there was nothing in either of them; but they were, as the boy said, half cocked; and I gave him the pistols again, and I says, do you take and keep them; and produce them at the trial; and I should have done those the same, supposing they had not been left; for I believe Mr. Nicholl did not think of them any more than I did; I could not so well see one as the other; I think I tried the one the pan was down, which was on the left hand, that was black and moist; but I could not see the other, having been blacked with the powder; I did not try any further, there was such confusion; in short, Mr. Elliott was in such a frantic state, and Mr. Nicoll was very angry and hot, that I had enough to do to keep peace between the parties.

Mr. NEWSOME sworn.

I am a surgeon and apothecary; I have attended Miss Boydell since; she has a fever, and I do not think she is in a proper state to be examined as a witness; her mind is a good deal disordered; I saw her shoulder three or four days after.

WILLIAM BROOKS sworn.

I belong to St. Margaret's, Westminster; I am constable, I searched the prisoner, not at the office; I had him committed, and carried him to Bridewell, to Tothill-fields; and when we were ironing him, and chaining him down to the floor, one of the turnkeys searched him on one side, and I searched him on the other; and he pulled out a bottle of glazed gunpowder; I asked him what it was for? he said if the pistols had not gone off, he meant to prime them and fire them again; we chained him to the floor before I left him.

Mr. Silvester. You found no ball about him? - No.

Only that little powder? - No.

JOHN WYMBRIDGE sworn.

I am gardener to Mr. Josiah Boydell .

Where is your master's house? - At West End, Hampstead; he is brother to Miss Boydell; Miss Boydell used frequently to visit at my master's house, generally came to dinner there every Sunday; and some times when she was not well, was there for a month together.

How near is your house to Mr. Boydell's? - About an hundred yards; I know the prisoner very well; I have seen him since he has been in custody; he boarded and lodged with me all last winter at West End.

By what name? - By the name of John Corp ; he was with me six or seven months, I do not really know when he left me, whether it was the beginning of March or April; he was down at our house last Wednesday was a week in the evening; he generally called to see me when he came that way; he used to call and rest himself; we had some gin and water; he was at my master's house at Christmas, in the kitchen with the servants, me and my wife.

Was that known to your master? - I believe my master passed through the kitchen, and saw him in the kitchen; he did not know him before I believe.

When did he come to you, and when did he go away? - He went away the latter end of March, or the beginning of April; he had been there six months.

Court. During the time he lived with you, how did he behave himself? - He behaved himself very well to me all the time he was with me; but one time he had been out, and had had a little drink, he abused my wife, and she never liked the gentleman since.

Was he in good health? - Sometimes he was in pretty good health, and sometimes but poorly.

Did you observe any thing very remarkable or particular about him? - No, nothing particular.

In plain, did you observe any appearance of his being disordered in his mind? - No, never, when he was sober; unless he had drank a little; when he had drank, he was passionate and rash.

Mr. Silvester. What are you? - I am gardener to Mr. Boydell.

Did you know whether Miss Boydell was at all acquainted with him? - I never knew that.

Then you never saw them together there? - No, neither there, nor any other place; I often came to town, but I never saw them speak to each other; I know Mr. Corp, as he called himself, said he knew Miss Boydell; but I never knew there was any acquaintance between them; and he was there last Christmas Eve with the servants, and Mr. Boydell came there and saw him; Mr. Boydell does not go much there in the winter time, he generally resides in town.

Mr. Silvester. My Lord, the indictment states, that the pistols were loaded with powder and ball; your Lordship knows there must be evidence of some kind to the Jury, to ascertain the fact, whether the pistol so fired, was loaded with ball; in this case there is no evidence whatever, that either of these pistols, had ever been loaded with ball at all.

Court. I consider the fact of the pistols being loaded with ball, as in general to be collected from the circumstances; it can rarely concur that there can be direct proof of the act of loading; it may more frequently occur, that the ball may in some way be traced; now that may not always occur; nor do I think it is necessary that there should be direct specific proof, either of the act of loading, or that the ball should be afterwards found; I conceive that, like any other fact, must depend on circumstances, to be left to the Jury; though I agree with you, that before a Jury can find a prisoner guilty, they must be satisfied that the pistols were loaded with ball; the evidence to that is perhaps not very strong; of that the Jury will judge; but it is impossible to say there is no evidence to be left to the Jury; the declaration of the prisoner is evidence to be left to the Jury.

Prisoner. I have witnesses out of number.

Doctor SIMMONS sworn.

Mr. Silvester. I believe you are physician to St. Luke's? - I am.

How long have you known Mr. Elliott? - For these fifteen years or more; I have known him more particularly during his residence in Carnaby-market; for the last three years I have known less of him, in respect to the state of his mind; I have for some time past looked upon him as a man somewhat disordered; but it was in the month of January last, that I was particularly led to suspect his mind was deranged, in consequence of a letter I received from him, which I have in my pocket; if the Court will give me leave, I will just read a few lines.

Mr. Garrow. It certainly is not legal evidence, but I have no objection to it, if the Court chuses it.

Mr. Silvester. It was not written for this purpose; let the officer of the Court read it.

(The letter read.)

On the light of the Celestial Bodies, in a letter to Samuel Foart Simmons, M. D. F. R. S. by John Elliott , M. D. Dated January the 9th, 1787.

"Dear Sir,

"Doctor Priestly , some years ago, said that he could by means of the electrical spark, phlogisticate common air; it was then imagined that the phlogistication came from the common matter; but it was since thought, that phlogisticated air must be a combination of phlogiston and nitrous acid; because this air is the proper product of nitre deflagrated with charcoal, and of other phlogistic processes with that acid; and that the wires were partly calcined; the trial was first made in common air; after a great number of sparks were produced, a small combustion of common air was plainly to be perceived; no calcination of the wire appeared; if there was any, it was only in the common case: it is well known, that in the common way, metals

cannot be calcined, not being at all affected, when any other than respirable air is employed; I therefore at first concluded that the phlogistication came from the wire; but I soon perceived that though part of it was certainly derived from this source, yet the whole could not; for proceeding on the theory of Monsieur Lavotier, in his justly admired papers, the amount of the phlogistication, could by no means be sufficient to the greater quantities of air; the remainder therefore was partly filled by the electricity itself; and this opinion is formed by the following considerations: when the spark is taken in unrespirable air, it is usually of a red colour, or between that and white; for the air is so violently struck by the flash, just as the inflammable body is heated to the same degree, by friction, or in a common fire, there is merely a heat without any combustion; but when the spark is taken in common air, a blue light appears; and this I have formerly shewn, never appears, but where there is real combustion: Thus alkohol burns with insufficient heat, insomuch that it may may be held in the naked hand; but before iron can burn, it must be made not only red, but even white hot; so that this appears to be that kind of calcination, and the blue light must proceed from some other cause."

The intent of the letter is to prove that the sun is not a body of fire, but that the light of the sun descends not from any fire in itself, as every body has supposed; but from an aurora, and therefore his intent is to prove, that the sun, so far from being a hot place, is a very comfortable and habitable spot.

These papers were intended to be read at the Royal Society.

"If the sun's light, he says, proceeds from such a dense continual and universal aurora, as supposed, it will afford ample light to the inhabitants on the surface beneath; and yet is at such a distance aloft, as not to annoy them.

"No objection (he observes) arises to that great luminary's being inhabited; vegetation may obtain there as well as with us; there may be seas and dry land; woods and open plains, hills and dales, rains and fair weather: and as the light, so the season will be perpetual; at least it will be diversified only by distance, and occasional interstices in the luminous meteor. A fruitful imagination may easily conceive it to be by far the most blissful habitation of the whole system."

Court. I think I could point out a passage in Buffon, that would prove him as much insane? - I look upon him as a man disordered in his mind from the general inconsistence of his conduct, and the irritability of his temper; when I first knew him, he was one of the mildest creatures in the world.

Mr. Garrow. Have you ever been called upon to attend this man as a physician? - Never.

Never has been confined at all? - No, he has since published a pamphlet upon the subject.

I believe that pamphlet has been very well received? - I do not know, he has been talked of as a man of great ingenuity.

You thought that this was very absurd philosophy? - I think so.

Is the argument well pursued to establish the point with which the author labours; - I think not; the argument itself appears to me to be absurd.

But a man intending to establish such a conclusion, absurd as it may be, has he argued it rationally? - He has argued it ingeniously.

Court. I dare say you have read Burnett's Theory, and Buffon's System of the formation of the earth? - I do not pretend to have made myself master sufficiently of Burnett's Theory, and of Buffon's.

Mr. Garrow. Did you on receiving this letter, advise with his friends on the propriety of locking him up? - Why, Sir, till this time I hardly knew he had a friend.

Did you suggest the propriety of his being received into St. Luke's? - Never, I have seen him but seldom since.

Did you consider him as a man so mad

that he ought to be locked up? - I should have thought him a man likely to do some improper and dangerous thing, there was no answering for what he might do.

Do you mean to state it as your opinion, solemnly delivered, that he was a lunatic? - I should hardly think him fit to be intrusted; his life was almost totally different from any other man; he lived in a kind of a den, and was visited by nobody.

Mr. Silvester. Have not you met with a great deal of ingenuity on some subjects amongst those persons that you have known to be afflicted in this way? - Yes, a great deal.

Very capable of writing and reading? - Yes.

JOHN O'DONNELL sworn.

How long have you known the prisoner? - About a year and a half; I am an apothecary, his successor; I was his partner for some time.

What state of mind was he in? - In a very irritable state of mind, excited to strong passions from very little causes; since I knew him, he has been out of all proportion, and out of all bounds; my opinion given of him to others has been, that he was mad, and on a very slight provocation, he would go out of his mind and kill himself; that has been my opinion of him for months past; he was in business with me for some time, during which time I certainly formed this opinion of him from the tenor of his conduct and manner; there was that excentricity about him that made him appear insane.

Mr. Garrow. I dare say you are better employed as well as myself than in being an author; you do not write a great deal except prescriptions? - I do not.

You thought him a very excentric man? - Very.

A studious man? - Not that I know of; he had a philosophical mind well formed, and appeared to me to be mad; formerly I knew he was addicted to experiments; I knew nothing of the cause of his excentricity, he was so always since I knew him; he was my partner about six months; he attended my patients; prescribed for them; he directed the making of medicines.

He gave directions for bleeding and blistering, and taking proper care of his patients? - In that respect I saw no insanity, but in particular points the man was always insane.

How many of them might he have poisoned in the course of that six months? - I do not know that he poisoned any.

Then during the six months he was visiting? - He was getting into his own back parlour stamping, and swearing, and d - n - g like a madman, and had every appearance of a madman; in short he was a madman.

But during all this time he was a mad apothecary, attending his patients in partnership with you, and taking care of his patients? - Men are partially insane.

And that does not make them worse apothecaries perhaps? - Perhaps not.

Then I am sure I will not ask you another question.

Court. I am a little at a loss what to understand from you? - I have been so bullied; witnesses should be examined with candor, and not put out of temper, and out of their senses, so as not to be able to understand what they say.

Court. You describe this man as capable of going about his business, and prescribing for his patients, and as a man of a philosophical well turned mind; yet you say you considered him as a madman; why did you so consider him? - From his general conduct, when he came home as I have mentioned before, he would get into his back room, and there stamp and swear and drive things about, and nobody knew for what; and he frequently walked about melancholy, with his hands folded; it was my opinion before this affair; of late he has wandered about from place to place; I have had letters from him from different places upon business, particularly about taking down his name from over the door.

Do you know any thing of his concerns at all in the funds? - Before he left me

he had some successful dealings as I understood, but he kept his matters mostly to himself; he is older than me; all my family were afraid of him.

BARWELL RUTDEDGE sworn.

I am an officer of the customs; Mr. Elliot lodged with me twelve months, the first of this very month.

How did he behave? - He paid me very honestly; he never lived with me, only sleeping there at nights, he slept in the garret.

Did you make any observation on his mind? - I am never at home but of a Sunday, and a holiday; and when I am at home, he and I have drank a pint of beer together; my wife was at home, she is in Court; when we drank a pint of beer, she used to tell old stories, and before he had finished one story he would begin another; I used to tell her, says I, what sort of a man is is this, he is a madman? certainly he is out of his mind, or else he would not behave in that manner.

Mr. Garrow. Your wife is at home chiefly? - Yes.

You used to see this man frequently? - I had this opinion about ten days after he came to lodge with me.

What did your family consist of when you was from home? - My wife, and four or five children; he paid me every quarter; I would not wish to lose such a tenant; he was in the country part of the time.

Did he use to write much? - I do not know, he said he wrote several writings.

HANNAH RUTLEDGE sworn.

The prisoner has lodged at our house a twelvemonth up in a garret, no fire place nor window in it, only a sky light; he slept on a sliding board upon a bit of a bed; he had two blankets, and a rug, like what they throw over the homes; he was always like a man that was melancholy; sometimes he would come in as if he was wild and distracted, at other times very well; at other times he would go up without a candle; he would lay a bed almost all day long, and then go out in the afternoon; I looked upon him as a man out of his mind, as if something troubled him; he had one garret which he paid four pounds a year for; then he removed to a small garret at two guineas.

Mr. Garrow. What time did he go out the day he was taken? - About twelve at night to my knowledge he was down stairs.

You was not afraid he would do any mischief to your children? - No.

The Recorder was proceeding to sum up the evidence, when the Jury informed him they were all clearly satisfied that the pistols were not loaded with ball.

Court. Then Gentlemen, whatever may be the guilt of the prisoner, you must acquit him on this indictment.

NOT GUILTY .

Court. I shall certainly order him without any application, to be detained to be prosecuted for the assault.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-42

600. SADI, otherwise called GEORGE HORNE , was indicted, for that he, on the 28th of May last, in the dwelling house of Stephen Sullivan , feloniously did steal, take, and carry away, a promissory note called a bank note, for 200 l. No. 993; and also, another promissory note, called a bank note for 200 l. No. 1080; the said several notes being the property of the said Stephen Sullivan ; and the several sums of 200 l. and 200 l. secured by the said several notes, being then due and unsatisfied .

And WILLIAM MORRIS was indicted, for feloniously receiving the said bank notes, the property and chattles of the said Stephen Sullivan , on the 28th of May, knowing them to be stolen .

Another count. For that he, on the 29th of May, him, the said Sadi, otherwise George Horne, feloniously did receive, harbour and maintain, knowing him to have done and committed the felony aforesaid.

(The indictment opened by Mr. Fielding.)

(And the case opened by Mr. Silvester.)

ELIZABETH SULLIVAN sworn.

The black , I understand was a servant of yours? - Yes, he came from India to attend our family; he was brought up with the child from the time of his birth, he continued always in the nursery, was never suffered to intermix with the other servants, he eat and drank and slept with the child, the child had no other nurse, he had access to the house.

Can you speak of the property mentioned in the indictment? - I can, as to the numbers; I did not receive them, nor put them into the drawer, Mr. Sullivan did that.

STEPHEN SULLIVAN , Esq. sworn.

I had occasion to put these bank notes in question into a drawer in the back parlour in my house; and in that drawer was

a red pocket book; I put the notes into that red pocket book, and there I left them.

Do you know any thing of them after you had so placed them? - Not till they were found.

Had this boy access to that place as well as to the other places? - No, he had not; I do not know of my own knowledge how he came by them, that door was locked, and I always kept the key in my breeches pocket.

Did you miss the key at any time? - I missed the key about, as nearly as I can recollect, about a month after I had put the notes into the pocket book.

Did you ever find that key again? - Yes, I found it in the drawer.

Does your memory serve you to say, whether you had left the key in the drawer yourself? - It does not.

What is the number of the notes? - The numbers of the notes were 993 and 1080.

It would be more satisfactory to the Court and my friends here, if you will say by what particular circumstance it is, that your memory enables you to state the number of the notes? - I took the number of the notes when I put them into the drawer; I have a memorandum, not in my pocket, but I can shew it; I cannot make a mistake with respect to those notes, because, on the first of March, I sold out of the three percent. reduced annuities, a sum which was necessary to settle an account as administrator to my father's affairs; I sold that sum out on the first of March, which was the day I received the notes; I came home, and put them in the pocket book which I before described, that they might be ready at the time I wanted them, for it was not my own money, but was so set apart to settle that account.

Do you know any thing of Mr. Morris the other prisoner at the bar? - Yes, I knew him, he had lived in my father' service; I know him of course; when I returned to England, which was six months before my father's death, he was in my house, in Harley-street; my father lived with me; the black boy lived there also.

Mr. Knowlys, Prisoner's Counsel. On the first of March you say you received two bank notes, the numbers of which you recollect now? - Yes.

Where might you receive them? - At the bank.

I take it the clerk gave you the numbers which you made a memorandum of? - No Sir, I employed a broker, and he procured the money, his son brought me these notes.

I may ask you, whether Morris did not, during the time he lived in your father's service, bear a most irreproachable character? - It is certain, that whilst he did live in my father's service, he bore an irreproachable character, and was confidently employed by my father.

How long might this be when he left your father's house before this affair happened? - I believe it must be nearly a year; when he left our service he said he was going into Shropshire to his friends; I do not know that he went.

You have not seen him from the time that he left your father to the time this affair happened? - No, nor did I know where he was, till it was found that he was in Petticoat-lane; I concluded that he was in Shropshire.

I believe this man has not, by your information, been at your house since? - Not to my knowledge.

Mr. Fielding. You missed these notes? - Yes.

When did you miss them? - Not till the 18th of April, that was the day that I was to settle the account.

Mr. Fielding to Mrs. Sullivan. In consequence of something that had been said by the boy, I believe you went to Morris's house with Mr. Saunders? - In consequence of having missed many other things, I went to the house of Mr. Saunders, where the boy was lodged till he could go to India; the boy gave a direction to Morris's house, I took it down upon

paper from him, not believing him, either that Morris was in town, or that he was capable of behaving as the boy had said.

Do you know any thing relative to what the boy said concerning the notes that were found in the drawer.

Mr. Garrow. That is the subject of a written examination, and I object to it, there is nothing in the world so clear, that if there is afterwards an information in writing, it does away all that is said before, and you cannot receive any thing the boy said against Morris.

Mr. Fielding. I am asking what the boy said relative to his own offence, with respect to the notes merely, and I never have understood it to be settled, that because an information has been taken subsequent, no notice is to be taken of what the person had said before.

Court. I think any thing the boy said respecting himself is evidence.

Now we must first of all examine whether any inducement or threat was made use of by way of encouraging him to make a confession? - None at all by me; I was mentioning what mischiefs he caused at my house; he said, you may yet save other things, and you may yet save the notes.

Did he say then any thing of his having taken the notes? - More than that he said at the time, Mr. Addington examined him, relative to the thousand pound note, which we had given up; that at that instant he had them in his pocket; he said he had taken these two notes, with the one thousand pound note from the drawer.

Now be so good to carry your mind to Morris's house? - I said to Mr. Saunders, if you will go with me, I will go to Morris's house, and see, not believing he lived there; we had taken a constable; I took Mr. Saunders by the arm, and went up to the house, and immediately saw Morris's wife, and a litle child; the house is in Petticoat-lane; I instantly said, so William, how long have you lived here? he said here, Madam, I have lived here about three months; I then said, when did you see Sadi? and he said he had seen Sadi a day or two before; and I believe I said what did he leave with you? and his answer was, me! what should he leave with me? and I said, did he leave you no notes to change? he said, no, he left none; I repeated the question, did he leave no notes with you to change? he said no, none; I immediately turned round, and Mr. Saunders said, then constable do your duty, and search the house; upon which his wife came forwards, he was present also; it was all in the space of a minute; his wife stood looking at me while I was speaking, and she said, he did leave two notes, and here, Madam, here they are; and where she took them from I do not know, but she took two notes, and gave them to Mr. Saunders into his hand; I was so much shocked on finding the truth of the case, which I did not expect, and I turned about, and Mr. Saunders and the constable took him into custody, and I know nothing more of it.

Mr. Garrow. We have understood from you, that this boy has been very much protected and favoured in the family? - Yes.

There had been an examination of the boy with respect to some other subject before Mr. Addington? - Yes.

With respect to these notes you have no knowledge of his taking them but from what he told you? - I knew nothing of them till the boy told me; Mr. Sullivan had not acquainted me.

Did you say to him, the only recompence you can make is to tell where the notes are? - I said to him, do not tell any thing but the truth, because I was suspecting what he said about William was not the truth.

But before, had you told him it would be better for him to tell where these notes were? - I cannot positively say that I used these words, but I am sure I told him to tell the truth, and only the truth.

Did you use some persuasive arguments to tell where these notes were? - No, Sir, not these notes.

But to tell where any thing else was? - I was asking him about some things that I

had missed, and he told me where he left them.

So the purpose of your visit to Mr. Saunders was in hopes to get back some things? - Yes.

In so doing, you lamented, and used such arguments that appeared to you prevailing? - The boy was in a miserable situation, lamenting that he was dismissed the family, and at the same time saying, how cruelly some of his accomplices had treated him; I made use of no arguments or promises; I lamented some fine shawls; I said I should not be so much hurt if I recovered these things; upon which the boy said, you may yet recover them, and you may yet recover the notes; I said to him, Sadi, do not tell lies, tell the truth.

It was natural enough for you in the course of your conversation with the boy, to hint at the mercy he had already received in not being prosecuted for the one thousand pounds? - No, Sir, I did not, I did not know the boy understood that; for a year and a half ago, I think he had as much simplicity as the child he waited on.

Did he state what he did to you in consequence of a general expectation? - No, Sir, he mentioned the notes quite voluntarily.

- SAUNDERS sworn.

I belong to the East-India-House; I am warehouse-keeper; Mrs. Sullivan came to my house on the 29th of May; these are the notes I received in the house of Morris from Mrs. Morris; I was present the whole time with Mrs. Sullivan, and the circumstances were as she has related them.

Court. Read the notes.

Mr. Garrow. I object to read these notes as Bank notes without further evidence, it has been ruled, that you cannot read these notes in the present stage of the case.

Were the notes produced by the wife before it was said, constable do your duty, or after? - It was after.

(Mr. Larchin sent for.)

Mr. Garrow. Do the Court think it right to wait? the prosecutors should come with the whole strength of their case; the prosecutors have had the whole session, and a long time before the session.

(The Court waited for a quarter of an hour till Mr. Larchin and Mr. Boult came.)

JOHN BOULT sworn.

You are one of the cashiers of the Bank of England? - Yes.

Is that a bank note? - This is a genuine bank note, signed by myself.

WALLIS LARCHIN sworn.

I am one of the cashiers of the Bank of England; this is a genuine bank note, signed by me; this is the way I always sign.

(The notes read.)

"No. 993. I promise to pay to Mr.

"Abr. Newland or bearer, on demand,

"the sum of two hundred pounds. 200.

"London, the 1st of February, 1787. For

"the Governor and Company of the Bank

"of England, S. Larchin."

"No. 1080. I promise to pay to Mr.

"Abr. Newland or bearer, on demand,

"the sum of two hundred pounds, 200.

"London, the 28th of March, 1787. For

"the Governor and Company of the

"Bank of England, John Boult ."

Mr. Knowlys. In this stage of the business, my Lord, I beg leave to be heard as to one of the prisoners, namely, William Morris , because I conceive neither in law or in fact, is there any charge against him so as to put him on his defence; I think I address your Lordship with more confidence than I ever rose up to address any Court of Justice whatever, because I am clear, that by the principles of law, this man cannot be convicted; the man stands charged on two counts in this indictment, one for receiving two bank notes, knowing them to be stolen; the other for receiving, harbouring, and entertaining the thief.

Court. As to the second count I think you may save yourself the trouble; I do not think there is any evidence on that count.

Mr. Knowlys. Then it becomes my duty to state the law as to the first count, and as your Lordship knows a bank note was not the subject of a felony at common law, so I take it to have been clearly laid down, and every doubt on the occasion solved by that act of parliament, which made it a felony to steal bank notes; indeed, so the act expresses at common law; it was a promissory note, and not the subject of an indictment; it is not laid to be goods or chattels, and I take it they are the only things that can possibly arise in law; the indictment states it to the property, not the goods or chattels of Mr. Sullivan; and the indictment charges him with receiving the chattels of Mr. Sullivan; but that bank note is not so laid in the charge against the original offender; but suppose it to be perfectly correct, it is laid down by all writers of the criminal law, that if a statute make an offence felony that shall be capable of an accessary before, and capable of an accessary after; but what is that accessary before and after? Certainly the accessary known to the common law, and no other accessary. No man is guilty at common law of receiving goods knowing them to be stolen; that is by express statute; this statute does not go the length of making it a felony for any person to receive a bank note, knowing it to be stolen; it only makes it felony to steal a bank note. There are decisions to this point, one in 1777, a prisoner was tried here for receiving a bank note; Mr. Justice Willes, who certainly was as high and as respectable an authority as ever sat here, as to his knowledge of the crown, ruled expressly in words, that a Jury could not convict a man of receiving a bank note; there is a note of that case now in print; but upon the reason of the thing it certainly is so; therefore I humbly hope you Lordship will direct the man to be acquitted.

Mr. Garrow. Certainly the objection Mr Knowlys has stated to the form of indictment, appears to me an unanswerable one; he must be convicted of receiving the same thing, the thief has been convicted of stealing: Now, supposing the Jury to have come to a decision that Sadi is guilty; and we were to enquire whether Morris is guilty as a receiver, they would have found Sadi guilty of stealing bank notes as property, not as goods and chattels. Now here the person that has drawn this indictment, having coupled together two indictments, has not made the second pursue the first; for in the second count he says, he received the said bank notes, the property and chattels of Mr. Sullivan. He should in his first count have said, he stole the bank note, the property, goods and chattels of Mr. Sullivan; instead of which, in the first count, he has charged Sadi with stealing these bank notes as the property of Mr. Sullivan, and in the second count he says, property and chattels. Now supposing Sadi was already convicted, and this was an indictment against the receiver, grounded upon that conviction; Sadi not having being convicted of receivings goods and chattels, which is all in the indictment against the receiver; it is impossible the receiver could have been convicted. Mr. Knowlys has not troubled the Court with that which makes it perfectly clear, for is there any evidence on earth to go to a Jury, that Morris has received these goods, only that when the constable was going to search the house, the wife comes forward, the husband never produced them: But the other objection is unanswerable, for we all know there has been a variety of consultations on the part of the Post-office, where people have been intended to be indicted as receivers of bank notes which they could not.

Mr. Knowlys. I only mean to read that case,

"Memorandum, at the Old Bailey,

"in 1779, a woman was indicted for stealing

"a pocket book, containing seven

"guineas, and a bank note for ten

"pounds; and a man with whom she cohabited,

"was indicted for receiving the

"said goods, chattels, and monies, knowing

"them to be stolen: upon evidence,

" there was proof of the note, and part of

"the money being received by the man,

"but the pocket-book was not traced to

"his possession; Mr. Justice Willes told the

"Jury that the statute particularly confined

"the subject to goods, without taking

"any notice of money or notes; that

"money could not mean goods and chattels,

"for that cash was not a trading commodity,

"and that by act of parliament,

"the stealing of notes was made a felony,

"but that there was no act of parliament

"making the receiver a particeps

"criminis."

Court. How is it laid in the second charge? - It is there called the property and chattels of Mr. Sullivan.

Mr. Silvester. My Lord, in answer to my learned friends, I observe, that true it is at common law, upon a bank note a felony could not be committed; but the statute of Geo. the II. ch. 25, states, that it shall be constituted and deemed a felony of the same nature to steal a bank note, and in the same degree, and with or without the benefit of clergy, as if the offender had stolen any other goods; therefore the act considers it in this light, as goods and chattels; and the gentlemen cannot contend but what a bank note is now become the goods, chattels, and property of the person that possesses it: then with respect to the act of parliament in relation to receivers, it states in this manner; the 5th of Ann relating to receivers of stolen goods,

"if

"any person or persons shall receive or

"buy any stolen goods or chattels that shall

"be feloniously taken or stole," therefore the statute of Queen Ann which inflicts the punishment, describes the person who receives the goods and chattels, and that coupled with the 2d. of Geo. II . which makes bank notes the goods and chattels of the parties robbed, make the case clear: Now as to the case, there is another case in the same book directly contrary.

Court. The Court are of opinion in this case, to reserve the objection for the opinion of the Judges.

Prisoner Sadi. I have nothing to say.

Prisoner Morris. I leave it to my counsel.

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

SADI, otherwise GEORGE HORNE, GUILTY , Death .

WILLIAM MORRIS , GUILTY , On the first count of receiving, not on the second for harbouring.

Sentence on Morris respited till the opinion of the Judges .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-43

601. MARY RUSSELL was indicted for stealing, on the 13th day of June last, one pair of iron tongs, value 9 d. one shovel, value 4 d. one poker, value 6 d. the property of Samuel Parsons .

The prisoner was seen taking the things from the prosecutor's door.

GUILTY .

Imprisoned one month .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-44

602. ANTHONY DWYER and JOHN JONES were indicted for feloniously breaking and entering the dweling house of Matthew Balltis , about the hour of six in the afternoon, on the 1st of July , no person being therein, and feloniously stealing therein a cloth coat, value 8 s. a cloth cloak, value 5 s. a cotton frock, value 1 s. a silk handkerchief, value 6 s. a pair of stockings, value 6 d. two check aprons, value 8 d. fourteen pair of shoes, value 30 s. a child's leather shoe, value 2 d. three leather boots, value 10 s. a

frock, value 1 s. one bag, value 1 d. the property of William Hume .

WILLIAM HUME sworn.

I live in George-court, Princes-street , at Mr. Balltis's house; on the first of July, at four o'clock in the afternoon, I locked my door, and went out, and left nobody in the house to my knowledge; there is the landlord and his family, and a lodger in the two pair of stairs; I am confident they were all out; I double locked my room door, the windows were shut, all of them; I left the street door upon the latch; between seven and eight, I came home, and I was acquainted a person had broke into the place, and packed up some property; I found I had been robbed when I came home, I found the door had been forced open, and broke above the key, and one of the pannels split; the lock was double shot, and the screws forced out of their place, I suppose about half an inch; and there was a bag which had had some dirty linen; that was empty; and this property that is in the bag, was moved from the place where I had left it; the bag was in the middle of the front room on the floor.

Who was in the room? - My wife was there when I came in, and two or three of my neighbours.

GEORGE MITCHELL sworn.

This bag of things I found laying in the middle of the floor between six and seven; I keep the opposite house; I saw the family go out; I saw the prisoner Jones and the other prisoner coming up the court together, but not in conversation; Jones separated himself from the other, lifted up the latch, entered the house and shut the door after him; there was a woman going by at the same time, the other prisoner assaulted her, and rather struck her; some words ensued, and he went on about his business; I do not know what he did that for; he was just gone a little while, and returned again; he looked earnestly at the house; he went up the court, and came back again; I suspected him, and went to the door, and acquainted my neighbour; I went into his yard and saw him; I went in with another neighbour to the prosecutor's house, and the door seemed to be strained open; we went into the room; there was Jones standing with this bag at his feet very nigh open, with these things in that are in now, and two or three things laying by on the floor; I immediately secured the prisoner, and brought him out with assistance; whether the other was standing at the bottom of the court when we entered the house or not I do not know, but I pursued him to King-street, and took him as an accomplice; searching of Jones, a piece of chocolate, and a knife, and a piece of wood called lignum vitae, and two picklock keys were found upon him; nothing was found on the other prisoner but a piece of chocolate; the keys appeared to be much too large for that lock; the door was forced.

JOSEPH RICHARDS sworn.

On the first of July, between six and seven I saw Jones in the room; when I came back I went to the watch-house first; I did not see the bag till I came back; I saw nothing of the other prisoner.

Mitchell. I saw the bag before he was in custody; because I went round him almost to take care of the bag.

(The things produced and deposed to.)

Prosecutor. The things are all mine; they had been laying in different places on shelves.

PRISONER DWYER's DEFENCE.

I had been in St. James's Park; I was going home, just as I got to the end of the court, there was an eruption I heard in the court; I walked on, and just as I was got to the corner of King-street I was taken.

The prisoner Dwyer called two witnesses to his character.

ANTHONY DWYER , NOT GUILTY .

JOHN JONES , GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-45

603. THOMAS FULWELL was indicted for feloniously assaulting Francis Comartinus , on the king's highway, on the 18th day of June , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one shirt, value 1 s. one waistcoat, value 1 s. the property of James Deemar .

NOT GUILTY .

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

Reference Number: t17870711-46

604. JAMES M'GUIRE, otherwise THOMAS WHITE , was indicted for taking a false oath, with intent to receive the wages due to one James White , producing a paper, purporting to be the last will and testament of his brother .

A second count, for that he supposing that such wages were due, &c.

There being no evidence of the falseness of the oath, the prisoner was ACQUITTED .

He was again indicted for forging and uttering the said will .

There being no evidence, he was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870711-47

605. ANN ROSE was indicted for stealing, on the 7th day of June last, one metal watch, value 40 s. the property of Peter Brookes , privily from his person .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-48

606. JOHN MILES was indicted for feloniously assaulting William Bradley , on the king's highway, on the 30th day of June last, and putting him in fear, and feloniously taking from his person, and against his will, 12 s. in monies numbered, and 2 1/2 d. the monies of Joseph Johnson .

William Bradley being only thirteen years of age, and understanding very little of the nature of an oath, and the Jury not thinking proper to rely on his unsupported testimony, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-49

607. THOMAS JONES was indicted for burglariously breaking and entering the dwelling house of Thomas Fowler , about the hour of ten in the night, on the 25th day of May last, and burglariously stealing therein, two hand vices made of iron and steel, value 2 s. one inside silver coat of a watch, value 2 s. and one brass edge of a watch, value 1 d. his property .

The prisoner was found in the prosecutor's shop, pretending to be asleep, and the things mentioned in the indictment were found removed from the place where they had been left; but there was no evidence of the shop door being fastened.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-50

608. THOMAS REYNOLDS was indicted for stealing, on the 15th day of June last, one cotton handkerchief, value 1 s. the property of Thomas Scratchard .

The prisoner was seen taking the prosecutor's handkerchief, which was found upon him.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870711-51

609. WILLIAM CHAPMAN was indicted for stealing, on the 10th of June last, one silver fork, value 10 s. the property of Heneage Legg , Esq .

There being no evidence but the prisoner own confession, obtained under promises of favour, he was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-52

610. JAMES WHITE was indicted for stealing on the 5th day of June last, one silk cloak value 8 s. one check apron, value 2 s. the property of Edward Neo .

The prosecutor's wife saw the prisoner going out of her room where the cloak and apron were, and they were presently after pawned by the prisoner in the name of John Wilson .

Prisoner. I found the things in the passage.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-53

611. JOHN QUINTIN was indicted for stealing, on the 31st of May last, one wooden box, value 18 d. and thirty dressed wooden dolls, value 5 l. the property of Thomas Spiers .

The prisoner was entrusted by the prosecutor to carry the box with the dolls from his stall at Bow Fair, and he made off with the box; he was taken the same night. The prisoner was a watchman .

PRISONER's DEFENCE.

A man bid me give him the box.

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-54

612. JOSEPH WARD was indicted for feloniously assaulting Richard Hamlin , on the king's highway, on the 9th day of July , and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, two guineas, and two half guineas, his property .

RICHARD HAMLIN sworn.

I am a victualler in St. Martin's Lane, No. 49, I was robbed on the 9th of July, about a quarter after one, on Hillingdon common , which is on the Uxbridge road; I saw the prisoner, I thought him to be a shepherd, or farmer; he was among a flock of sheep; I was on horse-back; the prisoner was without boots, mounted on a bald faced horse; he came nearer and nearer towards me; I was walking my horse very gently, and I looked back and saw the man behind me; I knew his face, he lived near me some time; I little thought of being robbed; it did not strike me at the time where I had seen him, but I knew his face perfectly well; presently I saw a pistol clapped to me; the prisoner said your money; I was very much surprized at being robbed at that time of day; there was a gentleman's carriage not three hundred yards off; says I, you do not mean to rob me, do you? I was not frightened at all; yes, says he, your money in a moment, and he held up the pistol; I told him I had very little money, I had been seeing a friend in the country, and did not carry much money, but if he must have it, I would give it him; I had two guineas, and two half guineas in my pocket; I thought I would divide the spoil with him, and I

gave him one guinea and one half guinea; he said you have more money than this, and I said I had not; he said you are a liar, for I heard it chink in your pocket; that he might to be sure, because I heard it chink myself; he said, give me all you have; then I gave him the other guinea and a half, and as soon as he received the other guinea and a half, he turned his horse, and went to the common again; the horse was a small horse, about fourteen hands high, very remarkable, white face, two white feet behind, and lame; I then had some little hesitation in my mind what to do; I was better mounted than him a good deal; I thought I would pursue him; I stood consulting about three or four minutes, and I pursued him, and when I got off the heath, there were four or five roads; I pursued him in the wrong road, I almost killed my horse; the prisoner went to the further part of the heath, where there are roads to Drayton, and one to the Bath road; I left particular information of him, I said I should know him again among a thousand men; I then pursued him till about five; I found I had totally lost him; I got into the Bath road, there I was informed by the stage he was gone to Bath; I went to town, and laid an information before Sir Sampson, and that night he was taken; I saw him at Sir Sampson Wright's the next day.

When you saw him at Sir Sampson's, did you see him in company with other people? - There were five and himself brought in a coach to the door, and the moment I went to the door and saw him, I knew him, and said he was the man; he was dressed as he is now; I believe he had the same coat on when he robbed me, but his hair was not tied.

How long might the time be that you saw him on the heath? - The moment I came on the heath I saw this man among some sheep; I suppose he was twenty minutes in my sight; the heath is a mile long, and he did not rob me till he got almost to the end of it; he had a round hat on; I saw two guineas, and two half guineas at the office, but I could not swear to them.

Mr. Knowlys, Prisoner's Counsel. The time the prisoner was doing this fact, could not be more than three or four minutes? - I should suppose not.

As to the other time, it was when you saw him at a great distance? - I suppose when I saw him first he was a quarter of a mile from me.

Now I take it for granted, that when you was at Sir Sampson Wright's, they told you they believed your man was in custody? - Yes.

Therefore you expected to see some man that might be like your man? - Yes, if I were put in a room with a thousand men I could find him out.

Did you take any particular notice of his dress? - Not much, I know he had nankeen breeches on, and white stockings.

JAMES JACQUES sworn.

I am a groom to the duke of Northumberland; I was at Mr. Wheeler's, on the 9th of July, the Monday, I had information that a man had been robbed; Mr. Wheeler keeps the Coach and Horses the other side of Brentford; when I had the information, I pursued him to town; I saw him just by the four mile stone on this side Turnham-green, rather of this side the four mile stone.

How was the man dressed? - In a round hat, and a greenish coat, without boots, and with white stockings; I kept behind, and pursued him into London; the horse was a little bay horse with two white heels behind, and a whitish bald face; he went into Mr. Jacob's yard, Portland-street, to get off his horse.

What condition was the horse in, was he fresh? - No, he seemed to me to be tired; he was going away, and I asked him where he lived; he told me No. 5, Ogle-court; as soon as he told me he set off running; he got off his horse in the yard and left it; he ran away, I called stop thief; he was stopped, and I took him; he

was never out of my sight; he ran against another man, and they tumbled down together, and I caught hold of him directly.

What time was this when you first saw him? - It was between eight and nine; when I first saw him it was between seven and eight.

THOMAS DALTON sworn.

I am an officer of Litchfield-street; I was in Portland-street, going down, when the prisoner was in custody of the last witness; he had not been searched; I went to No. 5, in Ogle-street, and I found he did lodge there; he said himself that he lodged there; in searching the lodgings I found nothing material; I searched the prisoner, and I found nothing upon him, but a purse and some money.

Mr. Knowlys. You are an officer? - Yes.

You have attended here several times? - Yes.

You know as well as I do, that hearsay evidence is no evidence? - Yes.

You know what reward there is in this case? - Sir, certainly, as well as a Counsel knows his fee.

JAMES FINN sworn.

I am a servant to Mr. Jacobs of Portland-street; the prisoner at the bar came to me on the 9th of July, between nine and ten in the morning, to hire a horse to go to Mitcha, and he returned between eight and nine into the yard.

What horse did he take with him? - A bay horse with a bald face, and two white hind legs:

Do you know what business he follows? - No.

THOMAS LEE sworn.

I am a constable; I was with Dalton, and seeing a mob of people I went down; they said they had a highwayman; I went in and we searched him; I believe there was money and the purse, and these spurs; they have not been in my custody.

Prisoner. I leave it to my Counsel.

Mr. Knowlys. I have a good many witnesses to his character.

The prisoner called four witnesses, who all gave him a good character, and said he was a butcher in Oxford-market.

GUILTY , Death .

He was humbly recommended to mercy by the prosecutor.

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-55

613. WILLIAM BARTON was indicted for stealing, on the 5th of July , two pieces of dimity, containing seventy-two yards, value 6 l. the property of George Gill and Samuel Maxey , in their dwelling house .

GEORGE GILL sworn.

My partner's name is Samuel Maxey , No. 38, Friday-street .

Which of you does the house belong to? - We are partners in the trade, which is carried on in the warehouse under the dwelling house; the house belongs to us both; the rent and taxes are paid out of the partnership account; on the 6th instant, as I was sitting in my compting-house, I heard a noise on the counter, as if papers was sweeping out; I saw no person in the warehouse, but I heard the door shut softly; I had left two pieces of dimity on the counter, they had been laying there possibly an hour, in a wrapper, ready to he packed up, but I had seen them about ten minutes before this circumstance, and had gone into the compting-house to make out a bill of parcels to inclose in them; going out of the door, in consequence of missing the two pieces of dimity; I looked on each side of the door, and perceived the prisoner with the two pieces under his arm, he was got from the door about forty yards; I supposed it to be a joke of some

neighbour's porter; I did not suppose any body would come to steal them at that time of the day; I called to him to bring them back; he did not at first regard me; but I called stop thief, and whether he dropped them then, or on my calling after him, I cannot say; but I saw him drop them; I pursued him, and left the dimities laying on the ground; I saw him stopped by a person who is now in Court; he was out of my sight for an instant; while I might be supposed to be turning two corners; I might be about twenty yards from him.

Are you sure that the man that was stopped is the same man that you saw drop the piece of dimity? - I believe I may say to a certainty, as far as a man can say by seeing the back of another; his face I never saw; I am not positive whether I picked up the goods, or whether some neighbour picked them up; he was brought back to the warehouse, and the goods; he was not particularly charged, but I believe Mrs. Gill coming down said, for shame, young man, what will be the consequence? I think he made no answer; he was taken to the Compter immediately; the goods that were brought in were left in my house, and then the constable took charge of the prisoner, and he marked the goods before he left the house, and fetched them when he had taken the prisoner to the Compter.

Were the goods that he marked the same pieces that you saw the prisoner drop? - They were the same; I am sure of that, I had no others of the sort in the house.

Mr. Sheridan, Prisoner's Counsel. Did you see the prisoner's face till he was in custody? - No, I did not.

By what marks can you take upon yourself to say now, almost to a certainty, that he was the person? - In the first place by his low stature; next by a blue jacket he had on when he had the goods under his arm, and the same when he was brought back, and seeing no other person running at the same time.

You lost sight of him? - I did, it was impossible to mistake him; there was no person between him and me running during the time; I pursued him till I got into Bread-street.

THOMAS HALL sworn.

Yesterday was a week I was standing in Basing-lane, and looking towards Friday-street, I saw the prisoner running along, and Mr. Gill was after him with a pen in his mouth; he cried stop thief; I went to meet them, and stopped the prisoner, that was the same man I saw running before Mr. Gill; I did not see him drop any thing.

JOHN GUNSBY .

I was standing at my master's door, just at the other side of the way, I saw this prisoner come out with these things under his arm.

How old are you? - Not twelve.

Do you know the nature of an oath? - No, Sir.

Have you never heard what will happen to you if you swear falsely? - No, Sir, I cannot read.

Have you never been taught your catechism? - No, Sir.

Do not you know what the consequence of swearing false will be? - No, Sir.

Who do you belong to? - Mr. Dawson, he keeps the White Horse inn, Friday-street; I am tapster-boy.

Court. I cannot examine him.

The goods produced by the constable, who had had them ever since; they were in the same wrapper when he took them, only not tied.

Mr. Gill. The lengths is the only thing I have to judge by; I believe they are the same pieces; I am sure they are the same pieces; they are the property of Mr. Maxey and me; the value of them may be about six pounds.

PRISONER's DEFENCE.

I was running, and they cried out stop thief, and they pursued me.

HENRY KIMANCE sworn.

When Mr. Gill called stop thief, I saw the prisoner drop the things nearly opposite

to our door, which is No. 23, Friday-street; the same person that was brought back, was the same person that I saw drop the goods.

Should you know that person again? - Yes; the prisoner is the man; I am sure of it.

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

GUILTY , Death .

He was humbly recommended to mercy by the prosecutor.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870711-56

614. JOHN DURHAM , WILLIAM SMITH , and SAMUEL MAYNARD were indicted for stealing on the 12th of June last, two cotton counterpanes, value 10 s. one pair of sheets, value 1 s. one linen table cloth, value 1 s. the property of Susannah Wharton , widow ; and one cloth coat, value 12 s. the property of the Right Hon. Lord Belmour .

ALL THREE, NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-57

615. JOHN CARTER was indicted for stealing, on the 29th day of June last, four silver tea spoons, value 6 s. the property of Edward Osman .

The prisoner was taken with the spoons upon him.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-58

616. JOHN ISER was indicted for stealing, on the 27th day of May last, one great coat, value 10 s. the property of William Frankland .

The prisoner sold the coat to one Mr. Daw, who produced it in Court.

PRISONER's DEFENCE.

I found the coat.

GUILTY .

Whipped , and imprisoned six months .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-59

617. SION FREEBODY was indicted for stealing, on the 25th day of May last, one dead lamb, value 13 s. the property of Richard Elland .

The prisoner sold the lamb to Margaret Smith for 13 s. which was identified, and the sets that were with it were sworn to by the prosecutor and his servant.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-60

618. JAMES KING was indicted for feloniously stealing, on the 2d day of June , one gelding of a bay colour, value 40 s. the property of William Pope .

The prisoner found the horse which was left loose in the road, and being very much in liquor, and there not appearing any proof of a felonious intention, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-61

619. JOHN M'DANIEL was indicted, for that he, well knowing that one James Lewes , deceased, had served our Lord the King on board the Hannibal, and that certain wages and pay were due to him, on the 12th of June , with force and arms did appear in his proper person before the worshipful Dr. Scott, then surrogate to Peter Calvert , and unlawfully, wilfully, and feloniously did take a false oath, that the said James Lewes died a batchelor; and that he was his lawful brother, and next of kin; with intent to obtain administration of the goods and chattles of the said James Lewes deceased, to receive the payment of his wages, against the statute .

A second count, that he supposing wages were due, &c.

The Indictment opened by Mr. Fielding; and the Case by Mr. Baldwin.

HENRY HUNTER sworn.

I am clerk in the Navy office; I produce the books of the Hannibal; James Lewes , the deceased, entered the 28th January, 1780, from Portsmouth head quarters, in the 130th company; he died 10th March, 1782, on board the Neckar ship, she was a prize.

Was there any wages due to him? - Yes.

Was there any other James Lewes on board the ship? - No other of that name as a marine.

WILLIAM LONG sworn.

I am a serjeant of marines.

Did you know James Lewes ? - No.

Where was he enlisted? - At the regulating quarters of the officers that he enlisted at, which was at Hertford.

Can you see by the books when he enlisted? - Yes; the 11th of January, 1780, in the 130th company; it says he was born in the parish of Norton, in the county of Hertford, nineteen years of age, five feet four and a half high.

Was there no other James Lewes belonging to the 130th company? - It does not appear by the books; there were two Lewes's, but not of the name of James.

WILLIAM CLARKE sworn.

I am a proctor in the Commons; I never saw the prisoner before he came to my office in company with another person, on the 12th of June, of the name of Reily. I was present in the office when he came on the business, and I left him with my clerk taking his instructions, I afterwards drew the necessary instrument myself; and after I had so done, I informed him of the nature of the oath; I went with him to the surrogate where the oath was administered, it was administered in my presence, and was attested by me.

What is the oath? - That James Lewes died a batchelor, intestate, without a parent; that he is the brother, and as such will administer, &c. he further swore, that the deceased died a marine; and that his effects did not amount to the sum of twenty pounds.

He took that oath in your presence? - Yes.

Did he say what his name was? - When I administered the oath to him, I asked him, is your name William Lewes ? and he said yes; then I repeated the oath to him as being the brother to this James Lewes .

GEORGE SWEETINGBOURG sworn.

I am clerk in the prerogative office; on the 12th of June last Mr. Clarke's clerk came to the office with the prisoner to execute a bond for the administration of the effects; I recollected the prisoner's face; I told him I was afraid that his name was not Lewes, as it was mentioned in the warrant, that I had seen him in the office before; he said he had never been in the office before; I told him I was pretty sure that he had on some other business; he insisted upon it he had not; I then told him as he was going to execute a bond for the faithful administration of the effects, if he was going to do any thing wrong he would be

hanged; he insisted that he had never been in the office before; I then told him he might execute the bond, which he did in my presence; I did not see him make the mark; I asked him if this was his mark; first I asked him if his name was William Lewes , he told me it was, I then told him he might execute the bond as the brother of James Lewes ; after he had executed the bond, he was not removed from me above a yard before he turned back, and said he was not the brother of the deceased, but he was led on to do this business by one Reily; this was almost immediately after he had executed it; he had not removed from me a yard; and that he was to receive half a guinea for doing it; he then said that Reily was walking backwards and forwards in a court close by, and he wished I would have him taken into custody; I went to the Registers of the Court to ask their opinions, and I procured a constable, and the prisoner was taken into custody; I went to see for Reily; we went into the court just opposite, and Reily was then walking backwards and forwards; I saw the man, but I believe from his seeing me with the prisoner at the surrogate's, he immediately went away, before I could get up to him; we pursued Reilly, but he got away; he was taken into custody that evening.

JAMES LEWES sworn.

I believe the deceased was your nephew? - Yes.

Had he any brother? - No, Sir, not that I know of.

Court. Did you know James Lewes of the marines? - No, Sir; he was come out of the country before I knew him; I knew Thomas Lewes .

Do you know the prisoner? - No.

Is that any of your family? - No, Sir, not that I know.

Where do you come from? - I live here in town.

Where did you come from? - From Hertford, Norton Cannon.

You had a nephew whose name was Thomas? - Yes.

JOSIAH RIDGEWAY sworn.

I am a farmer; I live in the parish of Esor, the next parish to Norton, in Hertfordshire.

Did you know a man of the name of James Lewes ? - Yes, he lived with me upwards of a year and half; he left me in January, 1780; he enlisted into the Portsmouth division of marines, in January, 1780; he came to my house with one of the soldiers to demand his wages.

Did you know his father and mother? - I knew his father, his mother has been dead some years; I never knew he had a brother; the father is alive now.

What was the father's name? - William Lewes .

Where does he live? - In the parish of Norton Cannon; I left him alive on Tuesday last.

Do you know whether James had any brother? - I do not; I live about a mile and a half off.

Do you know what children his father had? - He had a daughter living; I know of no more sons than James.

Do you know that he had any brother at all? - I heard say he had a brother Tom, that was only hearsay.

Mr. Baldwin to James Lewes . What was your brother's name? - William Lewes.

How many sons had he? - I was at the burial of his son, his name was Thomas.

Did you ever hear of his having a son of the name of William? - No.

Then you never heard of his having a son of the name of James? - No.

What was your father's wife's name? - Margaret.

JAMES WITNEY sworn.

Do you know the family of the Lewes's? - Yes, I live about a quarter of a mile off; William is the Christian name of the father,

the wife Margaret is dead; they had two sons; I am not sure but they had three or four daughters.

What was the Christian names of these two? - Thomas and James; there was no William in the family.

What became of Thomas? - I have heard say he is dead.

If he had been alive now, what would have been his age? - I find he was born in forty-nine.

Then it is impossible from his age that that man could be Thomas Lewes .

JAMES REILLY sworn.

Do you know the prisoner's name? - He goes by the name of M'Daniel.

How long have you known the prisoner? - Between two and three years; I have heard him go by the name of M'Daniel, and no other name besides that.

Prisoner. All I have to say is, I was down at Billingsgate at work, and this Reily came to me and says, come along with me, I will get you half a guinea to earn, so I went along with him, and he brought me up to Gracechurch-street to one Davis a Jew; he asked me my name, I said John M'Daniel; so Davis the Jew replied, and said I thought I gave you your lesson before you went down; says I to the Jew, I wish I had came here; I was told there was no occasion to fetch any witnesses to my character, or else I have plenty of house-keepers to give me a character.

Who told you you had no occasion to bring them? - One of the men in the gaol told me that as it was a forgery, there was no occasion to fetch any character at all; Gentlemen, I beg for mercy; I was led innocently into it.

GUILTY , Death .

Jury. We beg to recommend him to his Majesty's mercy.

The sentence respited till next Session.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870711-62

620. ELIZABETH PARRY was indicted for stealing, on the 27th day of June last, one printed linen gown, value 12 s. one other gown and coat, value 14 s. and one callico gown and coat, value 20 s. the property of James Deacon and Thomas Sherrard .

James Deacon called on his recognizance, and not appearing, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-63

621. ANN BENWELL was indicted for stealing, on the 30th day of June last, two linen sheets, value 10 s. the property of Joseph Farder .

The indictment being wrong laid, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-64

622. SAMUEL STEEL and GEORGE MARHAM were indicted for feloniously assaulting William Blaker , on the king's highway, on the 20th of May last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one metal watch, value 40 s. and a guinea and a half guinea, and 15 s. in monies numbered, and six halfpence, his money .

WILLIAM BLAKER sworn.

I keep a public house at Chelsea, in Royal-hospital-row; I was robbed on Sunday morning, the 20th of May; I went to London, on Saturday evening, and staid later than usual; it was about twenty minutes past twelve; I was robbed near the fire-engine, on the wooden bridge, on the high road; I first perceived two soldiers about forty or fifty yards before me, they

were close together, they came up to me each of them with a bludgeon, the prisoner Steel struck me with a stick before they laid hold of me; they laid hold of me on each side, pulled my buttons loose, and said, d - n you stand, give us your money; I said, do not use me ill, and I will give you my money; says Steel this is not all, stand still; and if you make the least resistance, I will run you through; he held a knife to me about a foot long; and he began picking my pockets with the other hand; the other soldier took my watch; they took my money as mentioned in the indictment, and some halfpence; and they searched my sobs to seek for more; and the prisoner Steel says, d - n him I believe we have got all he has; and the other says, d - n him, run him through, and we will throw him into the ditch; no, says I, gentlemen, I beg you will not; I am an entire stranger; my life will be of little service to you; I am going on my way, and you will never hear no more of me; so Steel says to me, who had the knife, don't make a noise, if you do I will kill you; so then he says, d - n him let him go, I believe he is a stranger; so they hit me with one of the bludgeons over the neck, and let me go; there was a watch near; they got off, and we could not find them; they were soldiers, and clean dressed; and appeared as if they were on guard; I think I could know Steel again; I went the next morning to the Queen's Guard, and the Birdcage walk, and to Tothilfields, but I could see nothing of them; I gave notice of them to Mr. Shepherd and another runner; and on the Wednesday following Shepherd said, there is a man in the Compasses yard which I think robbed you; I went there and knew him immediately, that was Steel; he was taken to Bow-street, and there he said he was at the Magazine at Kensington guard, and was locked in the park, and could not get out; we searched his lodgings, and found ten shillings and a penny in his knapsack; none of it was mine; in his coat pocket we found the key of the park; on the Saturday the other was apprehended by Shepherd; he told me he thought he had found out the man; I went and looked at him, he was very much like the other, but I could not swear to him so well as the other; he stood further from me; I looked at Steel when he robbed me, and saw the number of his button; it was the 2d regiment of guards; I told Shepherd I could not swear to the other, nor I cannot now, but I knew Steel perfectly; it was quite light; I saw them a hundred yards before me; I was quite sober; I had not changed a penny; I went to an attorney in the Temple about a bond; I had not a single drop from my going out to my coming home again.

JOHN SHEPHERD sworn.

I apprehended the prisoners in consequence of the information; I told the prosecutor to be cautious; he was positive to Steel, but not to the other.

PRISONER STEEL'S DEFENCE.

On Saturday, the 19th of May, I was on guard at Whitehall; I had done my duty in the course of the day as a soldier, and at twelve at night I was called to take my arms to go sentry; I marched along with Corporal Royal down to the cockpit steps, from thence to Storey Gate; I relieved a man, William Carpenter ; I stopped in the guard room till six in the morning, before my coming up; I have witnesses to prove that I was not off guard till ten o'clock on Sunday morning.

Serjeant JOHN PEARSON sworn.

I am a serjeant in the second regiment of foot guards, the Coldstream regiment; I know the prisoner Steel, he is not in the company I belong to, but he belongs to the same battalion; on the 19th of May he mounted guard with me, that was on Saturday, we went on at ten in the morning; we were together twenty-four hours, only the time he was posted centry, which

was eight hours; they were four hours off centry, and two on; I saw the relief out at twelve; and at that time the prisoners were then with me; I saw them in the guard room in the Tilt yard; the corporals then marched their reliefs off, then these two men were marched out with the corporals in two different reliefs, one went one way, and the other the other.

Do you know the fire-engine at the wooden bridge that leads to Chelsea? - Yes.

What distance is that? - I dare say it is very near a mile.

One of the Jury. It is above a mile my Lord, a good deal, I will be bound for that.

Serjeant John Pearson . After that, the officer called me before one to go the the rounds, his name is Durell; I went the rounds with the officer, and found every centinel upon his post.

Did you see Steel then? - I cannot say in particular that I saw him, because it was dark; but there was no want of any one being absent, because the officers visited every one the same night.

Does Steel and you go out in the same guard? - No, there are different guards, and we go to different places.

Then how happens it that you so particularly remember this was on the 19th of May? - Because I heard a disturbance, and I got the roll of the guard, which the corporal has lost since; I recollected that this man was on duty at that time, as soon as I heard the disturbance.

How came you to be so particular, as to remember that this was one of the men that was to go and relieve the guard at twelve at night? - Because I saw him march out.

How many marched out? - There were twelve in the whole.

Can you tell who the rest were? - I cannot remember.

Why did not you remember the rest as well as him? - Because I did not take any notice of the rest; this man was under my command at that time; he was not of our company.

WILLIAM ROYAL sworn.

I am a corporal in this regiment; I remember being on guard on the 19th of May, I was on the same guard with Steel; I do not belong to the same company; Steel went to relieve the whole guard at ten in the morning, and at twelve at night to relieve the centries, I went then; I am sure that Steel went at that time; I posted him centry myself at a post by Lord Suffolk's.

How far is that from the fire-engine in the road to Chelsea? - Better than a mile, my Lord, as far as I can guess; it was my business to post the centries, and I posted him myself; about twenty minutes, or a quarter before one, I went round with the serjeant, an officer, and two more, and all the men were on their posts; I did not see him particularly; but I found the men on their posts.

When was he relieved? - At two o'clock; I did not relieve him; corporal Stephens, who is present, relieved him; I posted the prisoner Marham also, at the Cockpit steps; I went the rounds of that post a quarter before one, and found him there.

THOMAS STEPHENS sworn.

I am a corporal, I relieved the centry at two o'clock; I found them all on their posts; I know the prisoner Steel very well; he was upon his post, I am sure of that; I saw him at twelve when he went centry; I did not go to the rounds.

Are you sure you saw him go out at twelve? - Yes, I am sure I saw the two prisoners go out at twelve; these two men came off centry.

WILLIAM CARPENTER sworn.

Steel relieved me at ten minutes after twelve; I gave him my great coat into his hand to put on; we wear great coats in the night; I did not take any particular notice when I saw him again.

DANIEL HILL sworn.

The prisoner Marham relieved me at the Cockpit steps, about a quarter after twelve; I saw nothing of Steel; I was at a different post; my post is three hundred yards from the other men's posts; there is one centry on the left hand side of Storey's-gate, that is between them.

BOTH NOT GUILTY .

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

Reference Number: t17870711-65

623. THOMAS MORRISON was indicted for stealing, on the 8th of June , two pair of worsted stockings, value 2 s. the property of Jabez Lawson .

JABEZ LAWSON sworn.

I lost two pair of stockings on Friday the 8th of June; between five and six in the evening, the prisoner with another man and woman came into my shop; the other man wanted a jacket, he tried several on, but he refused to buy any being too long in the sleeve; and the moment they were gone I looked in the window, and missed two pair of stockings; they went all out together; I went out and took the prisoner, about one hundred yards from my shop; I found one pair of stockings in his left hand pocket, and Mr. Carpenter came by and took out the other pair; both the pairs were found on the prisoner; the others got off; he said nothing.

JOHN CARPENTER sworn.

I belong to the public office, Shadwell; I saw this gentleman have hold of a man; he said he had been robbed; I caught hold of the prisoner, and took these stockings out of his right-hand pocket.

(Deposed to.)

PRISONER's DEFENCE.

I went into the prosecutor's shop with another man and woman to buy a jacket, and as soon as I came down the steps, I found these two pair of stockings.

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

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870711-66

624. MARY PAGE was indicted for feloniously stealing, on the 16th of June , sixteen yards of muslin, value 40 s. the property of Thomas Wynne Townsend and Thomas Jones , privily in their shop .

THOMAS WYNNE TOWNSEND sworn.

I keep a shop in Holywell-street , my partner's name is Thomas Jones ; on the 16th day of June last, between six and seven o'clock in the evening, the prisoner came into our shop, she desired to look at some muslins, some of which she had had before; I did not know her, nor ever saw her before, to my knowledge; there was a young girl in her company, who came along with her; a large quantity of muslin was shewn her; at last she desired to have a quarter of a yard cut off one piece; she afterwards looked at several different articles, and had small quantities cut off several, not more I believe than a quarter of a yard; from the manner of her conduct while in the shop, I had some reason to suppose her intentions were dishonest; as as she was going out of the shop, I took particular notice of her walking; I thought she seemed to walk as if she had some incumbrance about her, upon which I desired the person who had attended her to follow her, and take notice, for I was persuaded she had taken something; I then went to the part of the shop where she had been standing, and saw two pieces of muslin laying on the floor, very much tumbled, as if they had been concealed and dropped; this circumstance I thought sufficient to justify my suspicions; I therefore immediately followed her myself, with a determination to bring her back, and have her searched; I came up to her about twenty yards from my own door; the person I desired to follow her had hold of her arm, and was leading her back; as soon as she came to the shop, I ordered the same person to go for an officer; she went to a part of the shop immediately where she had been sitting, and where the two pieces of muslin were still laying on the floor; she there dropped two quantities of figured muslins; I saw her drop them from under her petticoats; she begged I would not take her to the office; and said that I might depend upon it, I never should see

her again; upon which the constable came in; during her being in the shop, another person came in, who I suspected to be of the same party; the prisoner said nothing more that I immediately recollect, only to beg that I would not send her to the office.

You are quite sure that you saw these drop from her? - I am sure that she dropped them; when I came back, I peceived her shoving up her coats as if to drop something, and she wanted to get to these two pieces that were laying on the floor.

Did you see her take any thing while she was in the shop? - I did not; this other person whom I suspected took up my attention; I did not see her take any thing.

Mr. Garrow, Prisoner's Counsel. How many persons were there in the shop belonging to the shop at that time? - There was the person who served her, and a lad besides.

The other woman came in after she had been there some time? - I believe five or six minutes.

Was she in the same side of the shop? - She was, but they asked for different articles, which made us go to different parts of the shop.

You suspected them before she went out? - I did.

You did not remove those two pieces from the ground before you went out? - No, they were not removed till the constable came, till I took up the goods, which she dropped.

How many pieces were there on the ground when you picked them up? - Four different quantities; I took up the two that she dropped, and I immediately went to mark them; I believe they did not touch one another; they were within a foot of each other; the child that was with her, I should suppose to be about twelve or fourteen years of age; she had not a young child with her.

Did you before the magistrate mention the circumstance of seeing her move her coats, or drop any thing? - I cannot say whether I did or not, my evidence was taken down by the clerk.

Did you or not, according to your recollection? - I do not recollect whether I did or not.

I fancy you rather think you did not? - I cannot say, I went before the magistrate in less than an hour, but I am sure I saw her move her coats; the boy was in the shop when I went after the prisoner; he is not here.

Court. Did you see the property before she dropped it, as you conceive? - No; I am sure it was under one petticoat if not more.

BENJAMIN LAST sworn.

I remember the prisoner coming into the shop between six and seven; I served her with some muslin; I opened a great many pieces; one piece she said was what she wanted, which she had some of before, which she paid 4 s. a yard for, she desired to have three eighths; she bought some mode and Persian, and some brown Holland, which I went into the front of the shop for; there was a boy in the shop; she said I must figure them down on a bit of paper, for her mistress would know what they came to, they came to four shillings and six pence halfpenny; she paid me for them, and when she was going out, she said, if these things pleases, I shall be a customer again; and as she was going out of the door, Mr. Townshend said, follow that woman, she has taken something; I followed her into New Castle-street, which is at the back of the church; when she got in the middle of the street, she turned about, and saw me behind her, she spoke to the girl, but I do not know what she said; she turned back again, and seemed as if she was going towards the Strand; she then dropped something from under her petticoats which was white, what it was I was not able to say; she stooped and took it up under her petticoats again, in a moment almost; I took her by the arm, and said, I was afraid she had made free with what was not her own; and she must go back with me; she said she had not touched

any thing, or words to that effect, and would go back with all her heart; and I lead her back; she went into the shop before me, and Mr. Townshend desired me to go for a constable, the boy's name was Richard Dodd .

Did you see her take any thing in the shop? - No, I did not.

That boy suspected her you say? - Yes.

Mr. Garrow. The boy told you at the time, I think, that he suspected her? - No, not at the time.

How near was you to this woman when she dropped the muslin in the street? - About as far as I am to you; I was meeting her.

You was as near to her when she dropped the muslin as I am to you? - I think I was.

Then having seen you, and being in the way to meet you, she suddenly stooped down? - After she had dropped the muslin she stooped down.

I wish you would shew me as well as you can, without petticoats, how this thing was done? - I think it was done with the right hand, to the best of my recollection; she stooped down and tucked it under her petticoats.

She did not put it through her pocket holes? - Not as I recollect.

Had the woman a white apron on? I do not know.

Might not the thing that you took to be muslin be her apron that she picked up? - No Sir; it was absolutely dropped.

Why did not you seize her, and prevent her doing it? - Because she was too quick.

How happened it, that unless my Lord had asked you who followed her besides yourself, we had not heard a word of Mr. Townshend being in the street? - I saw him in the street when I was leading her back, that I am sure of.

Produce these muslins; who gave them to you? - Mr. Townshend.

What length are they? - I cannot justly say; I never measured them; I think there is about sixteen yards.

Are they remnants? - They are almost new, one of them has been cut.

Is there any one of them that is a whole piece? - I think one of them is a whole piece.

Look at them, and tell us is there any mark on that that you have? - There is a T upon it, made with a pen.

Whose writing is it? - Mr. Townshend's.

Was there any mark upon them before they were lost? - I do not know that there were; I never marked them.

(The muslin deposed to.)

These are the two pieces which I saw the prisoner drop and take up.

THOMAS JONES sworn.

Here is one mark D/o on one, and M/x on the other; I am quite clear of it; I was not at home when this happened.

Court to Last. Do you know where these pieces were laying before the prisoner came in? - I do not.

Do you remember when they were in the shop? - No.

Court to Mr. Townshend. When did you see these two pieces in the shop before she was there? - I cannot absolutely say; it is almost impossible to ascertain in such a quantity.

Court to Jones. Do you know when you saw these two pieces last before they were lost? - No, I cannot recollect them.

Can you say whether either of them had been sold? - Not to my knowledge.

Court to Mr. Townshend. Can you say particularly? - I can for a certainty, I think, say they never had been sold, for I must have had some remembrance of such an entry; Last sells in the shop; there is nobody else sells in the shop that I recollect; I have another shop in the mercery line; and there are people that come into that shop sometimes.

May they not have come into this shop and have sold sometimes? - I do not think they have.

Do you know they have not? - I cannot say, but by the entries.

Prisoner. I leave it all to my counsel.

The prisoner called six witnesses who all gave her a good character.

GUILTY, Of stealing, but not privately .

Privately whipped , and imprisoned six months .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-67

625. JOSEPH WILLIAMS was indicted for that he, in the parish of Swanscomb, in the county of Kent , and divers other malefactors and disturbers of the peace of our Lord the King, to the number of three and more, on the 7th of May last, being then and there armed with fire arms, and other offensive weapons, to wit, with pistols, did unlawfully and feloniously assemble and gather themselves together, in order to be aiding and assisting in the running and carring away uncustomed goods, and goods liable to pay duties, which had never been paid or secured; and being then and there so assembled and gathered together as aforesaid, and being also then and there so armed as aforesaid, in and upon John Beadle the elder, being then and there an officer of the customs, and in the due execution of his said office, he the said Joseph Williams , and the said divers other malefactors and disturbers of the peace of our Lord the King, did then and there, with force and arms, unlawfully, riotously, routously, forceably and feloniously make an assault upon him the said John Beadle the elder, being such officer as aforesaid, and in the due execution of his office, did resist him in taking and carrying away a large quantity of tobacco, to wit, two thousand pounds weight of tobacco, being uncustomed goods, and goods liable to pay duties, which had not been paid or secured, after seizure as aforesaid, in the county of Kent, in contempt of the laws, against the statute, and against the peace .

A second count, Charging him with divers other persons, upon the 7th of May last, assembling with a pistol, and in and upon the said John Beadle , being one of the officers of our Lord the King, making an assault, and resisting him in the due execution of his office, in securing a large quantity of tobacco, to wit, twenty hundred pounds weight of tobacco, being uncustomed goods, and goods liable to pay duties, which had not been paid or secured, and lately before seized by him, as one of such officers as aforesaid, unlawfully, riotously, routously and feloniously did make an assault and affray, and did aid and assist in rescuing and taking away the said last mentioned tobacco after such seizure, being one of such officers as aforesaid, in contempt of the laws, against the statute, and against the peace.

A third count, charging him, that he, on the said 7th of May, armed with pistols, unlawfully did assemble in taking away the said tobacco.

(The indictment opened by Mr. Litchfield; and the case by Mr. Solicitor General.)

JOHN BEADLE , the elder, sworn.

Mr. Silvester. What are you? - I am an officer in the customs; on Monday, the 7th of May I was at home.

Tell us what passed from the beginning of that day as far as the prisoner is concerned? - About eleven, on the 7th of May, I had information of some smuggled goods being at the Leather-bottle, that is at Northfleet; I went there in consequence of the information; John Beadle the younger, Richard Brockwell , and another man who was a stranger; we went into the Leather-bottle, and called for a pot of beer, and sixpenny-worth of brandy and water; I had information where the cart was; I went up to Mr. Hurlock, the master of the house, and told him I had an information against his house, and found a quantity of bales of tobacco in a cart in

the chaise house; we seized it, and put the bales in bags weighing forty pounds a bag one with another; I opened the door, and found in the chaise house a cart loaded with tobacco in bags; I seized it, and marked the cart; then I went, and there were no horses in the cart; I went to get a couple of horses to drive it away; I could get no assistance of horses; I came back to the landlord, and told him I had made a seizure in his out-house, and as such he must assist me to get horses; accordingly he went with me to the Coach and Horses, and hired a couple; just as the horses were putting in, the landlord told me there were a couple of gentlemen wanted me; I went into the parlour to them, one was the prisoner, Mr. Williams, and another; I asked him what his will was with me; they asked me if my name was not Beadle, I told him yes; he asked me if I would compromise the goods; I asked him what goods; he said the tobacco in the cart; I told him no; I could not think of doing any such thing, for I had belonged to the house for three or four and thirty years, and never did so in my youth, and should not now; we left the Leather-bottle about half past six; the sun was not down when the rescue was made; the man that stood on the left hand side of me says, yes, you have Beadle; I said that is extraordinary, you know nothing of me; yes; says he, you have; Williams immediately says, I will lay you five guineas of it; I said I have not so much, but I have about thirty shillings, I will lay you that; I told him I did not wish to compromise it; then says he, you do not mean to compromise it; no says I, by no means; then says Williams, you might as well, for you shall not have the goods; I looked at him very hard, says I, good God! what do you mean by saying I shall not have the goods? says he, I tell you you shall not have the goods; why says I, you must think I am no officer, be so kind to see my deputation; I pulled out my deputation, and put it down upon the table; there says I, gentlemen, take care; he says, d - n you, I know you are an officer, but I will take care you shall not have the goods; I accordingly left them; when I came out, I found the cart was drove away some distance from me; me and Rickards ran after the cart; my son and Brockwell were with it; I overtook the cart just by the windmill, the outside of Northfleet, going on further; I looked down, and saw Williams, and the other coming; I says, here they are coming; the little boy, that his father belonged to the two horses that I had hired; says he, oh Lord, I cannot drive this cart any further; I took the whip from the boy, and drove it myself; they were on horseback, the prisoner and the other; there were two came up at first, and three followed; one was Williams, and the other was the other man; they were the two first; then three more came up; they rather halted a little for the other three, but it was but a mere trifle; I saw about ten yards from me, the other man that was with the prisoner, put his stick between his thighs, and whip out a brass pistol; he came up to me and says, if you do not immediately quit the cart, I will blow your brains out; accordingly I looked at him, and I had got my little short pistol in my hand; I pulled it out, I cocked it, and I said I do not value your pistol of two-pence; I do not mean to quit the cart; I turned my back to him to get the sooner to a farmer's just by; but just as I turned my back towards him; I had a sudden plunge from the horse; whether it went over me I cannot say, but I had a heavy fall; this I am convinced of, this man that drove me down, pointed at our people on the right hand, for all the others were on the right hand side of the cart; my head went one way, and wig another, the man that rode me down, got to the fore horse; he made a point to the other side of the cart, and there was a general fire ensued; as soon as ever he discharged his piece, he took the stick from between his thighs, and kept banging the fore horse; he was much frightened, and jumped and capered very much; at last, he forced it onvery fast, and I saw two of the bags fall out of the cart; then they got to Mr. Ware's the farmers, and at last to Swanstead four bags fell out, and we picked them up, and took care of them.

Who were the persons that fired on the officer? - As for my part, it is not in my power to say; I know that this man pointed, but I cannot say whether he fired or not, but I am confident he was one of them that assembled, but I do not know whether he had a pistol in his hand; I was not wounded; they did not fire at me.

Mr. Fielding. It was the other man that you had seen in the parlour whom you saw with a pistol in his hand? - Yes.

You will not pretend to say this man had a pistol at all? - I do not know he had.

When you first went to this place in consequence of your information, you went immediately bolt on your prey, and asked no questions at all about the matter? - No, Sir.

Will you take upon you to be positive that Mr. Williams was one of the men even in the parlour? - I am confident as I am you stand before me.

Why your attention was drawn much more to the other man? - I had more discourse with the prisoner than the other man; I turned away from the other man for some time, for Williams offered to lay me five guineas that I had compromised such an affair, that drew me more to him.

How long might this tobacco remain in the stable before it was carried away? - An hour and three quarters.

You took it away as soon as you could get the horses? - Yes, my son and Brockwell went away with the cart, and Richards staid behind for me.

Did not they come to a certain spot near the cart before the other men arrived? - They stood at a little distance, and as soon as they were very near he came up to me, and said if I did not quit the cart he would blow my brains out.

Court. How many did you see with pistols? - I had no opportunity to see it.

JOHN BEADLE , Junior, sworn.

Mr. Wood. What are you? - I am an officer of the customs.

Did you go the Leather Bottle Inn at Northfleet, on the 7th of May last? - My father; and Rickards, and John Brockwell , two excise officers went with me, and one William Luck ; two of them are excise officers; Luck is not, Brockwell is ranked an excise officer; me and my father are officers belonging to the customs; we went to the Leather bottle, and searched in consequence of an information; we called for six pennyworth of brandy and water, and a pot of beer, and went into the coach-house, and saw the cart; we went and seized the cart and the tobacco; it was loaded as full as it could, I seized it being out of its original package; I know the prisoner, I saw him there, I had no conversation with him there at all, nor nobody else in my presence; my father went to hire two horses, and he came back, he could not get them, and the landlord got them; then we put the horses to the cart, and drove away; I was one that drove away the cart and the horses, and Rickards, and Brockwell, and Luck; we had a lad that drove away the cart.

Did you go with the lad? - Yes, we left my father at the Leather Bottle; Richards staid at the outside of the door a little while waiting for my father; we drove away to the place called Gallyhill; there we were overtaken by two men; I am positive to the prisoner being one of the two men, and I think I should know the other; before they came up to us, I believe they were about twenty yards off us, they rather pulled their horses in, and pulled their pistols out; and put their sticks under their thighs; I am sure both took their pistols out; I saw them both have pistols there; they halted till the others came up, they were on horseback also; when they were all five together, one rode up on the left-hand

side, which is the near side, clapped a pistol to my father's head, and said some words to him; I do not know what they were; it was the man that I first saw with Williams; then they rode down my father under the horses feet; then they proceeded to the fore horse's head, or thereabouts, and there they began firing.

Which of them fired? - I cannot say which.

There was a firing? - Yes.

How many pistols had they? - I believe them all to have pistols; it was done in a minute, or a minute and a quarter; the smugglers fired first, we returned it immediately; they got the advantage of us, and by having horses, drove away so fast, we could not follow them; they drove away the cart with the horses we had hired; and four bales fell out of the cart, all upon one another; they were fastened pretty nearly together; I only saw five.

I think you say you saw Williams and the other man have pistols? - Yes, I did.

Had any of the other three pistols? - Some of them had, but which I cannot say.

Court. Are you sure that one of the three had pistols? - Yes.

Mr. Garrow. Do you mean to swear positively that each of the other three had pistols? - Yes, I can swear positively that one man had one, and I think two; we were all flurried.

Do you know that there were three persons that had pistols? - Yes, there were, that I swear positively.

Was Woodman with you, and Luck? - Yes, Sir, the information came from Luck to the officer; they were both with us at the time of the engagement.

What situation were they in? - I look upon Luck to be some distance a-head of us; I think he got over the hedge, and went away.

I should think he was in a good situation to observe? - He might, he was there, and he says that he fired a carbine, but I do not know; Woodman got away somewhere; I was not before the Grand Jury. I was very bad in bed; that was the reason.

You was examined before the magistrate? - Yes.

Why was not Luck examined on the bill we are now trying? - I do not know.

What was the expression you used before the magistrate, with respect to this man being there, may be I can help you a little, that you believed he was one? - I swore that he was there.

Did not you before the magistrate use this expression, I verily believe he was one of the people that was there; you swear now that you did not say so? - I said he was there.

Mr. Wood. Was any of the officers hurt by this firing? - Yes, Rickards says he received three shots.

RICHARD RICKARDS sworn.

I am an officer of the excise; on the 7th of May last I went to the Leather Bottle Inn at Northfleet, as soon as we got there, we seized a cart with tobacco in bags, forty pound bags; Mr. Beadle, the elder, got two horses to convey it away; I went with it, and stopped a little behind; I went with old Beadle to the Leather Bottle; I saw the prisoner come up to the cart, after I had been there five or ten minutes; there was one other particularly came up with him first, and three came up afterwards, which made five.

How soon after did the other three come up? - In the space of half a minute; I saw the prisoner with pistols in his hand; I saw only the prisoner pull a pistol out, he came along the road; there were five in the whole came up to the cart, they ordered the boy that was driving the cart to come away, and the boy did come away for fear; I imagine with that there was a general fire ensued, from the whole of the five; I fired for one, the smugglers fired first.

Can you say how many of those fired? - I cannot say, I believe to the best of my knowledge they were all armed.

Can you take upon yourself to say, that any number of them together, with certainty, were armed? - I am confident there were three that were armed.

What was the consequence of their fire? - I was shot in three places.

Mr. Fielding to Richards. How came you to have a doubt about the number of them that were armed? - I have no doubt, Sir, I am sure there were three, and I believe they were all armed.

How long had the two men who came up first to the cart, arrived at it, before the others came on? - The space of half a minute; as soon as the other three came up, they came upon us immediately.

You fired on your part? - Yes.

You seized this tobacco? - I was at the seizing of it; Mr. Beadel seized it; immediately after the seizing, every expedition was made use of to take it away; old Beadel asked some questions, I believe.

Have you been always equally positive with respect to Williams being there? - Very positive.

Why this transaction must have passed with very considerable haste and confusion? - There was very great confusion.

You had very little opportunity of observing the persons that were there?

Court. Who made the seizure? - I believe it was Beadel the younger.

Mr. Garrow. Was Brockwell before the Grand Jury? - Yes.

Is he here? - Not to my knowledge.

He is well; is not he? - I believe he is.

He lives in town? - He lives in the country.

Mr. Garrow to Beadel. When did you see Brockwell? - On Wednesday last.

Is he here? - Not that I know of.

He was before the Grand Jury with you, when this indictment was found? - I cannot form any idea of the man not being here; I was not ordered to fetch him.

Mr. Fielding. The Solicitor General says, with every candour that becomes him, that the reason he is not here is, he cannot identify the man; and if he could not, the same reason would hold why they should not.

Court. That does not follow.

Mr. Garrow. However upon expecting him here, we have not taken pains to find him. Do you call Luck? - No.

Mr. Fielding. I did suppose he would be called.

Court. Let him be called by the Court, I shall ask him but one question.

William Luck called, and asked several questions, but the manner of his answers not being satisfactory, the Court struck out his evidence.

PRISONER's DEFENCE.

I am an innocent man; I leave it all to my Counsel; my name is Robert Webb; I know myself innocent of the case, and the reason of my giving in a wrong name, I thought if I owned my own name, it would be put down in the papers, and my friends would see it.

JOHN WOODMAN sworn.

I was with Mr. Beadel and Brockwell, and the others.

Look at the man who stands there; do you know this person now? - No, I cannot say I do.

Can you say he was one of the persons that came up? - No, I do not know him, I was behind the party, and I came up to the party just as the smugglers came up.

Then you had an opportunity of taking a view of all the matter that had happened? - I had, I do not know whether the man was there or not; I think I should know the five men that came up; I am sure I should know some of them again; I had nothing to do but to look on; the other men were in a scene of confusion; I think if the five men that came up were produced now, I should know them; I think I should know some of them.

Do you, according to the best of your recollection and belief, believe you could speak to the five men? - No, I do not

know that I could speak to them all; I think if I was to see some of them, I could.

Do you think this man was there or not? - I do think that is not the man.

Why do you think so? - Because I do not know his face again.

You have known Webb before that time? - Yes, I knew that man before.

And you did not then remember among the five, the person of that man whom you had known before? - No, I did not; I had not known him above two years before that.

Mr. Solicitor General. How did he use to dress his head at the time that you first knew him? - He used to wear a wig.

When did he wear a wig? - I do not know.

When did he leave it off? - I do not know.

Had he it on at the time of this affray? - He was not there.

How many were armed? - I do not know.

Can you recollect of the next three, how many were armed? - No.

MICHAEL BAKER sworn.

I am a sail-cloth manufacturer at Dover, I have known the prisoner about four years, been frequently in his company, his real name is Robert Webb , he always behaved as a quiet, decent inoffensive man; I never heard him give offence to any man in my life.

It is hardly a question in this case whether he was an honest man? - I have no doubt of that.

Not a man likely to head a gang of smugglers to oppose revenue officers? - Quite the contrary; I suppose him to be in the fishing line; he is a seaman, I know; I came from Deal to give him a character, and Mr. Morrison who is my partner.

The prisoner called six more witnesses, who all gave him an equally good character.

Court to Beadel. Did they produce any certificate with this tobacco? - No.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870711-68

626. CHRISTOPHER RICHARDS was indicted for feloniously stealing, on the 14th of June , twelve linen handkerchiefs, value 10 s. the property of Joseph Caps , privately in his shop .

The Witnesses examined separate.

ELIZABETH CAPS sworn.

My brother keeps a linen draper's shop in Oxford Road , his name is Joseph Caps ; the prisoner came into the shop the 14th of June, and asked for change for a guinea; it was in the evening between six and eight; I told him I could not give him change; seeing some pocket handkerchiefs laying on the counter, he asked the price of them, I told him 16 d. he told me to cut off one, and he gave me 18 d. and I gave him 2 d. change; and I perceived him to be in great confusion; he went out immediately; after his back was turned, I turned up the handkerchiefs, and missed a dozen; it was a piece containing a dozen; upon that I sent the shopman after him, that is all that I know.

Did you see him take any thing. - No, I did not, I only perceived him being in a very great confusion.

Mr. Garrow, Prisoner's Counsel. How many persons were there in the shop besides you? - Three, two apprentices, and this gentleman Mr. Hardy; one of the apprentices names is John Ireland ; and the other David Myers ; he was near that part of the shop where the prisoner was; there were several other customers in the shop.

JOHN HARDY sworn.

I was shopman to Mr. Caps at that time; I remember the prisoner coming into the shop the 14th of June, in the evening, before the candles were lighted; I was at the upper part of the shop; he asked me at first for change for a guinea; I told him we had no change; I thought he came from a neighbour, having a white apron on; he went further in the shop, and asked Mrs. Caps for change, or for two half guineas; I took no more notice of him; I went to the bottom of the shop and observed the prisoner buying a handkerchief; when I got to the top of the shop again, the prisoner was going out, and Miss Caps seemed flurried and called to me, and I followed him by her desire, four or five yards from the door, and caught him by the collar, and said, I believe you have property of ours more than you should have; he said he had not; what did I mean; I told him if he was an honest man he must go back with me; I held him by his arms, thinking if he had any thing he might let them fall; as I was bringing him to the door, I saw the handkerchiefs fall down from his apron; he said, did I want to make a thief of him; he had guineas in his pocket; he pulled out guineas; he was taken in the shop and committed; when he came in the shop, I observed his apron was rolled up; and when I caught him his apron was down.

Mr. Garrow. Did I hear you correctly say, that you saw him drop the handkerchiefs? - Yes, withoutside the shop.

I will tell you why I ask you that question? - I cannot be confounded if you ask me a reasonable question.

Did you say all this before the magistrate? - Partly.

Say what part you did say, and what part you did not say? - I really cannot recollect what I did say.

But pray do recollect particularly? - I said something to the same purpose.

Did you say one syllable before the magistrate about this man's dropping any thing? - That I swear positively, I mentioned that Miss Caps had a suspicion of of him.

You are sure however, you particularly told the Magistrate, that you saw the handkerchiefs drop from him? - I did mention it to the magistrate.

Where was you examined? - At Poland-street.

SAMUEL NORGRAVE sworn.

I was coming down Oxford-street, on Thursday the 14th of June; I saw Mr. Caps's man collar the prisoner; he said to me he has robbed me, and I saw some handkerchiefs fall from under his apron.

Mr. Garrow. There were several people in the shop? - Yes.

THEOPHILUS BUTCHER sworn.

I am an officer belonging to Bow-street office, in Poland-street; I was coming down Oxford Road, the 14th of June; seeing a mob in the shop, I went in and took charge of the prisoner.

Court to Miss Caps. Where are the two apprentices that were in the shop? -

They are at home.

Was Mr. Caps at home? - No.

(The handkerchiefs produced and deposed to.)

Prisoner. I leave it to my Counsel.

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

GUILTY, Of stealing, but not privately .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-69

627. THOMAS PRICE was charged on the Coroner's Inquisition, with killing and slaying John Gosdin .

There being no evidence, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-70

628. JOSEPH WHITCOMBE was indicted for stealing, on the 26th of June , fifteen iron hoops, value 5 s. the property of Felix Calvert , Robert Ladbrook , and William Whitmore .

(The case opened by Mr. Garrow.)

JOHN OLDFIELD sworn.

I work in Sharp's-alley , at the hairbrush business; there is a store-cellar of Mr. Calvert's there; I know the prisoner, I saw him at the store-cellar last Monday was a fortnight; he asked me to get him a candle; I was by the stairs of the store-cellar about four or five in the afternoon; when he first came I went and got him a candle; he said he would give me a draught of beer for so doing, and he did so; afterwards he shut the window down, and took up the cellar window, and got in; I did not go in, he gave me a pint of beer in a pot out of the window; it was nigh eight before he came out; I left him for the space of an hour, then I went again and looked through the holes, and I saw him knocking the hoops off the tubs, and the beer was running all about; when he came up, he brought a sack full of iron hoops; I first told a woman that keeps a green-shop; her name is Mrs. Smith, and she told Mr. Pool, a publican.

Had you any thing to do with this at all? - No, Sir, upon my oath I had not, I was not to have any part of the value, nothing but the pint of beer; I never saw the prisoner before.

- SCAFE sworn.

I am a cooper at Mr. Calvert's house; this cellar is rented by Mr. Poole and Mr. Boulton; the butts and hoops that were there are Mess. Calvert's, and Co. I went into the cellar the Friday after we heard of it; I found there was missing to the amount of seventy-seven iron hoops off of different tubs; I counted them three or four times over, and in beer and water I was almost over my boots; there was run out between fifteen and twenty barrels of beer; there was not an iron hoop in the cellar, but what was left on the tubs; the prisoner had been a drayman, and worked with Mr. Hale in Red-cross-street.

- ISAACS sworn.

I am constable of Clerkenwell, I had information, and went with the lad, and he pointed him out, thirty yards off; I took him, and he threw me down, and he wrenched this stick out of my hand, and beat me with it; I have a bandage over my loins now.

PRISONER's DEFENCE.

I know nothing of it any more than a child unborn; I never was in any cellar; I never stole a hoop since I was born from my mother; I know the lad Oldfield; at the time he first swore to me, I was as black as a chimney-sweeper; I never saw him before he swore against me.

Jury to Scafe. Was the door of that cellar locked? - Yes, it was, the lock was wrenched off.

Did the hoops appear to have been fresh knocked off? - Some of them did; I never was in the cellar before.

Jury to Oldfield. Are you sure of the man? - I am clear of him, I did not see him break the lock, I saw him take the flap up, he had a brewer's jacket on.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-71

629. JOHN LACY was indicted for feloniously stealing, on the 2d day of June , one pair of silver shoe buckles, value 20 s. two woollen jackets, value 30 s. the property of John Broom , in a certain vessel called the Prosperous Smack, on the navigable River of Thames .

JOHN BROOM sworn.

I am a fisherman , I am master of a fishing smack; I lost the things mentioned in

the indictment on Saturday the 2d of June, about one o'clock; my vessel lay along side Billinsgate Quay , I was awaked by somebody, and I saw somebody go by the cabbin scuttle, but before I could get up the ladder, he was gone out of sight; I got on shore, and cried stop thief immediately; one of the patrol called out and said, who is that that cried out stop thief? and said, have you lost any thing? I went down and looked in the cabin and lockers, and missed my shoes and buckles, and jackets.

DAVID FOOT sworn.

I assisted in apprehending the prisoner, and found a pair of silver shoe buckles in his pocket.

(Deposed to by the prosecutor.)

John Frere and Francis Ball assisted in taking the prisoner, and deposed to the same effect.

PRISONER's DEFENCE.

I found these things under a fish-stall in Dark-house-lane.

Court to Jury. The act of parliament requires it should be goods, wares, and merchandizes, that shall be put on board the ship, and this being wearing apparel, that takes it out of the capital part.

GUILTY of the larceny .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-72

630. SARAH SOPHIA HALL was indicted for feloniously stealing, on the 15th day of June , a bolster, value 3 s. and several other things, value 9 s. the property of William Eater , in her lodging room .

The prisoner confessed the pawning the things through want, which were produced by the pawnbrokers.

GUILTY .

Privately whipped .

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

Reference Number: t17870711-73

631. MARY BLOUNT was indicted for stealing on the 26th day of June last, one scarlet cloak, value 2 s. a hat, value 12 d. three caps, value 12 d. a shirt, value 2 s. a shift, value 1 s. 6 d. the property of Mary Evers .

The prosecutrix found the prisoner with her hat and cloak upon her, which Mary Davis saw her come out of the prosecutrix's apartments with.

GUILTY .

Imprisoned one month .

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

Reference Number: t17870711-74

632. MATTHEW GIBBONS was indicted for feloniously stealing, on the 15th of June , one pound weight, and one quarter of a pound weight of Hyson tea, value 6 s. the property of the East India Company .

WILLIAM COWARD sworn.

On the morning of the 15th of June, I examined a chest of Hyson tea, which had been suspected to have been plundered; I desired one Thomas Joyce in the warehouse to take particular notice of it, and to watch the chest that was in the company's warehouse; I know nothing further; the prisoner was a labourer in the warehouse.

THOMAS JOYCE sworn.

Mr. Coward called me to look at the chest; it had been broke by accident at top, and at the top there was a slit cut with a knife, and a hole in it as if a hand had been in it; I placed myself in a situation to watch, and the prisoner and another man came in, in about ten minutes the other man took the chest in a dark corner out of my sight; the prisoner stood behind, and pulled out his knife, and was sharpening it; the other man continued in the same corner with the chest; I could hear it rustle, but

I did not see it; in about two minutes he came out, and the prisoner came into the same corner; about two minutes he came out, and the other came back again, and fetched the chest out; they went out at separate doors; I gave information to Mr. Coward.

Mr. Garrow. Did the other man use to deal in tea? - I have heard he was a licensed dealer in tea.

MATTHEW RAW sworn.

I found a pound and a quarter of hyson tea upon the prisoner.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-75

633. SAMUEL ICOM and THOMAS DAVIS were indicted for feloniously stealing, on the 8th day of June , one silk handkerchief, value 2 s. five aprons, value 8 s. 6 d. three caps, value 3 s. seven handkerchiefs, value 7 s. two frocks, value 4 s. one jacket, value 12 d. one table cloth, value 2 s. a copper stew-pan, value 1 s. the property of William Aylmer .

The prosecutor found the things at Icom's lodgings; Davis was there.

Prisoner Icom. Davis brought the things to me at four in the morning.

Prisoner Davis. I found the things, and took them to Icom's.

Richard Hardy . The prisoner Icom slept with me that night; he came home between ten and eleven, and never was out till four in the morning; Davis came to the door, he let him in; he brought some thing, but what I cannot tell; James Walkingfield was there; Davis said he had found a bundle in the road.

JAMES WALKINGFIELD sworn.

He deposed to the same effect.

BOTH GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-76

634. MARY HARRIS was indicted for stealing, on the 15th day of June last, one silver watch, value 20 s. a chain, value 12 d. a seal, value 2 d. two keys, value 2 d. three half crowns, value 7 s. 6 d. and one piece of foreign copper coin, value 1 d. the property of William Mulry , from his person .

The prosecutor went with the prisoner, being very much in liquor, to her room, in Hedge-lane ; he fell asleep, and lost his money, and a pocket piece; it was between one and two in the morning, when he went with her; when he awaked between nine and ten he pursued the prisoner, and found the watch and pocket piece, and some of the money upon her; he knew the prisoner before; he pointed her out before; he said he paid her half a crown for her trouble.

JOSEPH FITZWATER sworn.

I searched the prisoner, and found the watch and pocket piece upon her, one and sixpence, and some halfpence.

(The watch produced and deposed to.)

JAMES ADAMS sworn.

I took charge of the prisoner; she denied the watch; I gave her to Fitzwater.

Prisoner. The gentleman gave me the watch till the next day; I sell nosegays.

GUILTY, But not privately stealing .

Imprisoned twelve months .

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

Reference Number: t17870711-77

635. JAMES KING was indicted for feloniously assaulting Joseph Saunders , on the king's highway, on the 12th day of June last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one cloth coat, value 2 s. his property .

The property appearing to belong to the prosecutor and his partner, whose name was not mentioned in the indictment, the prisoner was ACQUITTED .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-78

636. GEORGE BEACH was indicted for feloniously assaulting John Gutteridge , on the king's highway, on the 17th day of June last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, thirty copper halfpence, value 15 d. his monies .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-79

637. BRIDGET FIELDING was indicted for feloniously stealing, on the 3d day of June last, two shirts, value 5 s. four pair of cotton stockings, value 3 s. one pair of silk stockings, value 2 s. a cotton handkerchief, value 2 d. the property of Edward Jones .

The prisoner did not deny taking the things; said the prosecutor gave her them; that she had two children by him; which the prosecutor denied.

GUILTY .

Privately whipped and discharged.

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

Reference Number: t17870711-80

638. IRWIN ROBINSON was indicted for stealing, on the 28th day of April last, a silk handkerchief, value 3 s. the property of Edward Bowen .

The prisoner was taken with the property upon him, which John Prosser saw him take.

The prisoner called three witnesses, who gave him a good character, two of which being Scotchmen were sworn by holding up the hand.

GUILTY .

Privately whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-81

639. SARAH WHITE and MARY WHITE were indicted for stealing, on the 14th day of May last, a bedstead, value 3 s. three chairs, value 3 s. a table, value 3 s. and several other things , the property of Robert Ward .

BOTH NOT GUILTY .

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

Reference Number: t17870711-82

640. RICHARD ANGLE was indicted for feloniously stealing, on the 13th day of June , a lawn apron, value 12 s. and divers other things, value 5 l. 10 s. and ten half guineas, the property of Elizabeth Ashton , spinster, in the dwelling house of John Angle .

There being no evidence to affect the prisoner, he was ACQUITTED .

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

Reference Number: t17870711-83

641. THOMAS WATSON , and ELIZABETH his wife , were indicted for

feloniously stealing, on the 25th day of June last, twelve yards of Irish linen, value 12 s. eighteen yards of black silk ribbon, value 5 s. one stuff petticoat, value 7 s. the property of Griffith Humphreys and John Humphreys .

The prosecutor's house was repairing, and the prisoner worked as a journeyman carpenter in it, and the things in the indictment were found in his possession.

THOMAS WATSON , GUILTY .

Whipped and imprisoned six months .

ELIZABETH, his wife, NOT GUILTY .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-84

642. THOMAS COLLINS was indicted for burglariously breaking and entering the dwelling house of John Hillman , on the 8th of June last, about the hour of eleven in the night, and burglariously stealing therein, a pair of women's sattin shoes, value 18 d. three pair of stuff shoes, value 3 s. one pair of women's leather shoes, value 12 d. a black silk gown and petticoat, value 4 s. one pair of laced robbins, value 3 s. and one pillow bier, value 6 d. the property of Isabella Wilson , spinster, in the dwelling house of the said John Hillman .

ELIZABETH WILSON sworn.

I am servant to Miss Isabella Wilson, who lodges at No. 5, Craven-street , in the house of Mr. Hillman.

Do you remember on the 8th of June, laying by your mistress's black silk gown and petticoat? - I folded them up, and laid them on a trunk in the bed-chamber near the window; I left the shoes upon the same window; there was a pair of black sattin shoes, a pair of Spanish leather shoes, and three pair of stuff shoes, and a black silk gown and coat; they were in the room when I left the room.

What day was it? - On Friday, the 8th of June.

What room? - The back room, one pair of stairs; there is a door from the back room into the drawing room; a little before eleven I went up stairs, and upon opening the door I saw the sash up, and something like the flap of a man's coat go out of the window; I was in the room about four o'clock and saw the things, and again about six o'clock.

Was the window of the room shut at that time? - Yes, all the three windows were shut down.

Are you sure of that? - Yes, I am certain of it.

Upon seeing the flap of the man's coat what did you do? - I went immediately to the bed room, and saw the bed clothes tossed up into a heap on the middle of the bed.

Did you miss any thing then? - No, I ran to the window, and called out stop thief.

Were there any alterations in the door of the bed-chamber that goes to the staircase? - No, only it was bolted on the inside; I left it unbolted when I went out; I missed these five pair of shoes, and the gown and coat; the shoes I missed first; my mistress was not at home from four o'clock, nor had not been at home when I went up.

Had any body else been into the rooms after that? - No, I dare say not.

You did not lock the chamber door? - No, we went out about six o'clock, and then the windows were pulled down; I came home about half past ten o'clock; I went off the pavement, and looked up to see whether my mistress was returned, and the windows were down.

After ten? - Yes, I am sure of it; the shutters were not too, but the windows were down.

Was the day light gone when you came? - Yes, it was.

EBENEZER WHITING , ESQ. sworn.

I live in Craven-street: on the 8th of

about eleven o'clock at night; I was coming home, and when I had got a little way down Craven-street, I observed a person coming out of the one pair of stairs over the street door of Mr. Hillman's house, No. 5, in Craven-street; I could not tell whether it was a man or a woman; I observed something white projected at first; as I went on, I saw a man descending upon the projection over the door, which is about four foot and a half from the window; I was advancing towards him; he saw me coming, and he stepped upon the lamp iron, and from that, jumped into the street with a bundle in his hand; in jumping he smashed the lamp all to pieces, which of course alarmed the street; upon his alighting, I called to him to stop, but he did not chuse that, but dropped his bundle, and took to his heels; he got the start me, but seeing some watchmen at the end of the street, I called stop thief; I saw a watchman standing in the centre of Craven-street; I saw him make a catch at him as he passed.

The person that came out of the window was the same that the watchman made his catch at? - Yes.

If I understand you right, the person was not out of your sight before the watchman catched at him? - No.

Can you say that the prisoner at the bar is the man? - I cannot, but I am certain that the person who came out of the window was the same that the watchman catched at.

You did not see him stopped? - No, I did not.

Did you know the watchman that stood at the top of the street? - No, but I afterwards enquired for him at the watch-house, upon which, Waters told me he was the man; I desired that he might not go to the watch-house, nor see the prisoner till next day, and he was put among a number of persons at Justice Hyde's, and Waters picked him out.

CHRISTOPHER WATERS sworn.

I am a watchman at the corner of Craven-street: on the 8th of June last, I heard the noise of glass breaking; I was then in the centre of the street, at the narrow end, I saw the prisoner at the bar running up the street, on the same side of the street as the house was.

Are you sure it was the prisoner? - Yes, my Lord, I am sure of it; I made a catch at him, and missed him, and he got past; he turned the corner towards Charing-cross; I swung my rattle, and cried stop thief, and followed him; and near the end of St. Martin's-lane, I met him between the patrol and a watchman secured, and I said that is the youth.

What was the name of the man in whose custody you saw him? - William Pennington.

Was it the same man? - Yes, I am certain of it; he was not dressed as he is now, but I am certain that the man I saw between the patrol and watchman, is the same that I catched at, in Craven-street; he had on then a long light coloured coat, and striped waistcoat and trowsers, but I could not observe much of his face.

Was he ever out of sight? - Yes.

How long? - Not above three minutes at farthest.

Do you know him any otherwise than from his dress? - Yes, by his hair, he had loose hair.

Where did you see him again after that? - At the office next day.

Did you know him then? - Yes, I picked him out from others.

Your knowledge of him was his dress, and his hair? - Yes, I observed the dress and figure of the man, he was shorter than I.

WILLIAM PENNINGTON sworn.

I am a patrol at Charing-cross; on the 8th of June last, about ten minutes past eleven, near Craven-street, I heard the cry of stop thief; I went as quick as I could, and saw the prisoner cross from Craven-street, and cross the Strand; I then followed him, but could not get quick enough because a coach was going past; I lost sight of him for half a minute; I made a

at him with my staff; I am positive the prisoner is the man.

Did you see him taken? - No, but I helped the watchman who did take him to carry him to the watch-house.

You made a blow at him, and missed him? - Yes, there was a crowd gathered, and I pursued him, still crying stop thief; it is only one hundred and seventy paces from the place where I struck him, and the place where he was taken; I took the trouble to measure it; I am sure he is the man.

TULLY M'CARTY sworn.

I am a watchman at Charing-cross: on the 8th of June last, as I stood a little below Northumberland-street, I heard a rattle spring, and a cry of stop thief, stop thief; I saw the prisoner, as it may easily be imagined, run for his life; I pursued him, and took him just by the Golden-cross-inn, it might be a yard or two beyond it; I took him, and never let him go till I took him to the watch-house.

Did you see Pennington make a stroke at him? - No, I did not.

At the time you saw the prisoner running were there not many people running? - I did not see any body running besides him; there might, but his hair, his dress and his deportment immediately shewed me the prisoner was the man.

JOHN MERCHANT sworn.

I am servant to Mr. Booth, in Craven-street: on the 8th of June last, I was below in the kitchen, and heard the cry of stop thief; I came up to the door, and saw these things, (producing them) lying between No. 5. and our door.

Is your door nearer the Strand than No. 5? - Yes.

( Elizabeth Wilson called in again, and swore to the property of her mistress.)

PRISONER's DEFENCE.

I had been to see two acquaintances at Wapping, who were going to Scotland; as I went through the Strand, I heard the cry of stop thief, and I being the first that run, the watchman said hold of me.

Court to Waters. The prisoner came up from Craven-street when you catched at him? - Yes, I saw him turn into the Strand, towards Charing-cross.

Was there any other person ran out of Craven-street? - No, not near him.

Prisoner. I heard there was another person ran into the watchman's arms.

GUILTY , Death .

The prisoner was recommended by the prosecutrix to his Majesty's mercy.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-85

643. WILLIAM DEAN was indicted for burglariously breaking and entering the dwelling house of John Macfarlane , on the 23d of June last, about the hour of three in the night, and stealing six silver tea spoons, value 10 s. two silver table spoons, value 10 s. one pair of base metal shoe buckles, value 6 d. six plated bottle labels, value 6 d. and three hundred halfpence, in monies numbered, the property of the said John, in his dwelling house .

There being no evidence to affect the prisoner except that of the accomplice, he was ACQUITTED .

Reference Number: t17870711-86

644. GEORGE LANE was indicted for burglariously breaking and entering into the dwelling house of Thomas Halford , on the 28th of May , about the hour of one in the night, and stealing six pieces of linen cloth, value 8 l. two pieces of linen, value 8 s. one hundred and seventeen yards of printed cotton, value 9 l. fourteen muslin shawls, value 5 l. thirty-six linen handkerchiefs, value 36 s. one piece of muslin, value 40 s. one pair of cotton stockings, value 2 s. one piece of cotton, value 6 d. and two silver tea spoons, value

2 s. the goods of the said Thomas, in his dwelling-house .

THOMAS HALFORD sworn.

I am a linen draper and haberdasher in the City Road : on the 28th of May, at night my house was broke open.

Who was last up in your house? - I was last up; I went to bed about twelve o'clock.

Did you leave your house doors and windows secure? - Perfectly so; I always make it a rule to see every night; and I did that night; and saw, that the whole house was secure; I found in the morning the back kitchen window open.

There was no alarm in the night that you heard of? - No; I found the back kitchen window open; the bolt of the window was bent double like a bit of lead; it was perfectly secure when I went to bed; the yard door was open, but there was no appearance of violence there; they had opened that to go out; the parlour door from the stair-case into the parlour was open; the door from the parlour into the shop was open; there was no violence there, because the keys were both left in; there was a mark of tallow upon the counter, about the circle of an inch, like the mark of a bottom of a lanthorn; upon the counter there were foot marks with mud; there were two or three other spots of tallow too; upon examining the shelves, we found almost every shelf stripped.

To what amount? - Upwards of 80 l.; in the garden I found foot marks; they had come along the mould in the garden, to prevent the noise of the gravel walks; there were two foot marks, one an inch longer than the other; there were some matches and a small file left behind (producing them) which I took out of the garden myself; the file I apprehend they struck a light with.

Counsel for the Prisoner. When you came to the shop in the morning the shutters were all up? - Yes; the shop shutters were fast; they were all up when I got up; there is a fan light over the door, which gives a very great light.

There is no shutter to that? - No.

- METCALF sworn.

I am servant to Mr. Holford; I was first down in the morning; I found the back kitchen window and shutters open about seven o'clock.

Was that the window where the bolt was forced? - Yes; the window of the back kitchen.

That is all you know? - Yes.

JOHN LCUY sworn.

I am a constable; I searched the prisoner's lodgings on the 5th of June, a little after four in the morning; he was on the bed; he had his clothes on all but his shoes; I told him we had an information against him for a robbery; and I looked round the room; this dark lanthorn was standing on a box by the bed side; and this iron crow and chisel; and close to the side of it a tinder box and matches; I searched his box that they stood upon.

There was no steel in the tinder-box? - No, but there was a file; there was no other steel.

And flint? - Yes. (Producing it.) I searched the cellar, and found this large chisel, and this auger or borer. (Producing them.) I asked him how he came by the lanthorn and iron crow; and he said he had that morning found them; and I apprehended him; I examined the box and found a piece of cotton, a handkerchief and a pair of stockings; I asked him if they were his; he said they were; that he had them some time by him; I had seen a hand bill of Mr. Halford's; I thought it might be his property, and I secured the property. (Produces the things.) I went with the crow to Mr. Halford's house, and compared the places in the presence of Mr. Halford, and desired him to do the same; I found three large impression in the wood in the back kitchen window; I compared them with the large end of the crow, and they exactly tallied; there were two other

smaller, which the small end of the crow exactly fitted.

Counsel for the Prisoner. You are an officer belonging to an office? - No; constable of the parish.

You have for several years attended at this place? - Yes.

You have frequently in the course of that practice produced crows here; are they not in general much of the same size? - No; they are of very different sizes; there is a little piece out of the large end of this crow; and there was that part deficient in Mr. Halford's window.

Court to Mr. Halford. You saw this crow compared with your shutters? - Yes; that little notch is wanting on the shutters; both ends exactly tallied.

Look at those things; are they your property? - This piece of callico I know to be mine by this yellow stain in it; my wife cut it off for her own use; it being damaged we could not sell it; the stockings are exactly the same pattern as those I lost; the mark is cut away; the handkerchief is exactly the same pattern; I believe it to be ours; it is not marked; they were all in one piece.

Does it not frequently happen that pieces are so damaged? - No; not often.

It does sometimes? - Yes.

Mrs. HALFORD sworn.

I am the prosecutor's wife; this piece of cotton I can swear to by this yellow stain; it is a remnant I cut off for my own use; I believe all the things to be our property.

Prisoner. I leave my defence to my counsel.

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

GUILTY, Of stealing the goods to the value of 39 s.

Not guilty of breaking and entering the dwelling house.

Transported for seven years to Africa .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-87

645. EDWARD FARRELL was indicted, for that he, in the King's highway, in and upon Charles Dunn , did make an assault, putting him in corporal fear and danger of his life; and stealing from his person, a featherbed, value 10 s. the property of Mary Ellis , widow , May 26th .

CHARLES DUNN sworn.

I am a caulker of ships ; I live at Lime-house; on Saturday, the 26th of May, between nine and ten o'clock at night, in Rose-lane, Limehouse , the prisoner came to me, and asked me if I was going abroad; I said yes.

Did you know him before? - No; he was quite a stranger to me; he told me to lay down the bed.

What bed? - A feather bed; it was on my head; if I did not be would shoot me.

Was he armed? - He had something in his hand, but I cannot say what.

How was it that you could not see; was it dark, or had he it concealed in his hand? - He had it in his hand; it was not very dark, nor it was not very light.

Are there any lamps in this place? - No; none at all.

Were there any lights in the windows? - No, only such light as the night afforded.

It was between nine and ten; can you ascertain the time with any certainty; might it not be later than that? - I am sure it was after nine; and I am sure it was not after ten; he made me lay down on the ground; I laid down on the ground, and another man that was with him came up to Mary Ellis , my sister, she was with me, to rob her.

Whose bed was this? - Mary Ellis 's.

Is she a widow? - Yes, I got up and went towards my sister to assist her; she cried out murder.

You left the feather bed on the ground; did he take it up.

No; my sister was in the pathway, and I in the road; I was about five yards before her, and went back to her upon the alarm; I run after Farrell and tripped his heels up; he got away from me again, and went over a field; I went into one of the houses and got a stick, and I caught him about half way over the field; and he

said, if I came nigh him, he would cut me down; and then two other men came up and collared him.

What are their names? - Wood and Cooper.

Did he ever take up the featherbed at all? - No.

He never touched it? - No; he made me lay it down.

How long might you lose sight of him? - Not at all.

You talked of getting a stick; did you not lose sight of him at that time? - No; he ran past me; a woman stood at the door, and I said, pray give me a stick, and she did; I never lost sight of him at all; I was over the five barred gate as soon as he was;

What are Wood and Cooper? - House Carpenters.

They are not officers of Justice? - No.

Did you know there was a reward for apprehending people that committed highway robberies? - No; I never heard of any.

Then upon your oath you do not know that there is a reward, or what that reward is? - No.

Have you any expectation of a reward if he should be convicted? - No.

You do not know what it is? - No.

You are sure he is the man? - Yes; I never lost sight of him.

MARY ELLIS sworn.

I am sister to the last witness; I go out a charing; on the 26th of May, between nine and ten, I was in Rose-lane Lime-house.

Are you a married woman? - No; a widow; I had been to fetch this featherbed from a broker, his name is Hall, he lives in White-horse-street, Ratliffe, it was mine, my brother was with me; he had the bed on his head; he was in the road, and I in the path-way; a man came up to me.

Was it the prisoner? - No, it was not; he demanded my money.

Were that man and the prisoner in company together? - I never saw them till the other man turned me round by my handkerchief; I told him I had no money; he told me if I did not give it him he would blow my brains out; I said I had none; he said don't hesitate; I had a bed blanket tied up in a silk handkerchief; he snatched that out; says I, it is not worth your while to take it; it is only a rag; he snatched it away; and made me give him my money; upon that he called to a man, the prisoner I believe, to bring a pistol or pistols, I do not know which; I heard a step coming, and directly cried out murder; a man came up, and I said directly, he has robbed me; upon that the man crossed the road, and I followed him; between us we took the bundle from him; I saw him stop my brother; I saw him before he called the other man.

You did not take a vast deal of observation; did you? - No; my brother left the bed, and I staid by it.

Do you know what the prisoner said to your brother? - No; I did not see the prisoner taken; I did not hear the prisoner say anything to my brother.

Are you sure the prisoner is the man that came up to your brother? - I did not take notice of the prisoner; I cannot say either what he said or what he did.

JOHN WOOD sworn.

I am a house carpenter; I lodge at Lime-house, at the Five Bells; I had been up to London on the Saturday, to fetch some clean linen; coming back again, I overtook a woman, an acquaintance of mine on the road; and when she came to the house, that young man and she went before? - I never saw him before to my knowledge; so I stopped with the woman about a minute at the door, and followed after him; when I had walked about two or three yards from the houses, I saw the young man that had the bed lying with his face on the ground; and I saw another man having this young woman tight up against the pales; just as I came up she cried out murder; help for God's sake; she was murdered and undone; I stept up to

her, and she said she had lost a bundle; another man, not the prisoner, had it; I made a snatch at it, and pulled it out of his hand; so the young man that was lying on his face, jumped up; the prisoner ordered him to lay on his face, or else he would run him through.

Whereabouts was it that you saw him on his face? - In the lane.

( Nathaniel Cooper ordered out of Court.)

Had either of them any thing in their hands? - Yes; the prisoner, when taken, had a knife; I took him; I rescued the bundle out of the other man's hands; and the other man clapped something to my breast, and swore, if I did not lay it down, he would blow my heart out; I seized him in the scuffle, and ran over to the boy's assistance; I saw the prisoner before that standing over the boy, then I ran to the assistance of the woman when she hallooed out murder.

Did you pursue the prisoner some distance? - Yes; afterwards he got away from me; at the same time he made a stroke at me with a knife, to prevent my coming at him, he run away, and the boy pursued him; as I was running, the prisoner dropped the bundle, so I drove it into a ditch, and before he could get up again I was up with him; he rather run too hard, and got over a gate into a field; I could not get up so soon as him; I rather fell with my head against a stone, then he took over a gate into a field, and the boy got over the gate into the field, and I followed him; the boy never lost sight of him to my knowledge, because it was all in an instant; I took him in the middle of the field nearly; the boy was with me, and the man, and the woman; and the woman's husband, whose name is Cooper, came out and lent the stick, the other man made his escape.

Are you very sure you saw the prosecutor down on the ground, in the way you describe, by your account that was the first situation you saw him in? - The very first before I came up to him, about ten yards I saw him, and the young woman against the pales, and the man holding her up; and to prevent disturbing him I was going round, for I thought it was a young woman and her sweetheart.

How long might he stand over her? - I did not see him not half a minute.

Had the prisoner anything in his hand at that time? - I could see nothing in his hand at that time; when I seized the other, he hallooed over to him to bring the pistols.

Was you ever in a court of Justice before? - No.

Never prosecuted any body before? - No.

Do you know whether there is any reward for prosecuting a highway robber? - Yes; I have heard so.

Do you know what it is? - No Sir; not at all.

Prisoner. Did you ever see me before you stopped me in the field? - Yes; I never saw him before he stood over the boy.

Are you sure he is the man? - Yes.

Have you any doubt about it? - None at all.

You lost sight of him during the pursuit? - No; never; not a minute.

NATHANIEL COOPER sworn.

I am housekeeper and carpenter in Rose-lane; I have nothing to say, further than I heard an out-cry; I was in my own house between nine and ten; it was on Saturday night, I opened the door, and saw the prisoner run across the field; and this man, and another or two, but who they were I cannot say; I know Charles Dunn ; there I saw him run.

Was it a dry day or a wet day? - It was a fine evening; the streets were very dusty; I followed after him and overtook him in the middle of the field.

Who collared him first? - I did; Wood came up after I laid hold of him; Dunn came up but I did not hear him say any thing only the man had stopped him.

Did not he describe at all to you, at that time, or any time since, in what manner he stopped him, or what he did to him?

- I have not heard him say any thing about it, only that the prisoner stopped him, and made him lay down; he said nothing else, he had a naked knife when I took him.

How was Dunn dressed? - He was dressed the same as he is now; I won't be positive; I cannot say.

Did his clothes appear at all dusty or dirty, his hands or any thing? - I did not observe it in the least; I saw him going on in the road before any thing of that; I never was a prosecutor before; I know nothing of the reward; I never heard of any; I do not desire any; I only desire to be paid for my time; I am a poor man.

Court to Wood. Did you see any thing of a feather bed during this time? - Yes; I saw it lay on the road, and the boy on his face; it lay close to the boy.

Had the boy any hold of the bed? - No; not to my knowledge; after it was over, the sister returned me ten thousand thanks, and said I had saved both their lives by coming up.

Did Dunn never tell you what had happened? - He told me the man told him to lay the bed down, and to lay down on his face, and if he stirred he would shoot him.

( Charles Dunn called in again.)

You told me on the cry of murder you went to your sister, after the man told you he would shoot you if you did not put the bundle down? - Yes; the other man called him away, then I got up and went to my sister.

But you never told me you was down at all? - Yes; I was down.

Describe it again? - On Saturday, the 26th of May, in Rose-lane, I was coming along with a featherbed on my shoulders; this man came up to me, and asked me if I was going on board; I told him yes; and he told me to put down the bed or else he would shoot me; I put down the bed, and he told me to lay down on the ground, and if I spoke a word he would shoot me; the prisoner went from me, and I got up and went to my sister.

PRISONER's DEFENCE.

I have nothing to say; I have no witnesses; I am just come from India.

GUILTY, Death.

The case was reserved for the opinion of the Judges .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-88

646. WILLIAM CARTER was indicted, for that he not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 5th of July , with force and arms, upon Elizabeth , his wife , against the peace of God and our Lord the King, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and with both his hands, the said Elizabeth, then and there cast and threw into a certain large wooden tub, called a beer butt, wherein was contained a large quantity of water, by which the said Elizabeth, with the aforesaid water, was there suffocated and drowned, and of which she instantly died. He was also charged on the coroner's inquisition with the said murder .

(The witnesses examined separate.)

MARGARET CURRIE sworn.

I live in King-street, Westminster; the prisoner and his wife lodged at my house, and had done so not quite two months, but within a day or two.

Do you remember where they were on the 5th of this month? - I went out of an errand at ten o'clock on Wednesday night, and when I came back I wished her a good night; they had the shop and a back kitchen and a garret.

Where did they sleep? - In the back kitchen even with the shop.

Did they sit usually in the shop? - Sometimes in one place and sometimes in another; I generally saw her there in the summer time; there is no fire place in the shop; I never saw her after that time, either dead or alive.

Did you see the prisoner that night? - No, Sir, I never saw him at all; I used to be afraid to see him, he behaved so exceeding rudely to me, and used such language; they sold milk; the next morning the people came knocking for milk between seven and eight; I was dressing myself.

Was Carter at home then? - No, I bid them knock and call loud, for Mrs. Carter was deaf.

Was she in fact deaf? - Very deaf; a young woman said she had knocked and called and nobody heard, and the doors were all open, and nobody there; I run down stairs; now says I, this Carter is so great a villain, that he has done this to bring me into some trouble or something, and I said I will lock up the doors; the key of the street-door was gone, and the key out of the glass-door in the passage; I troubled my head no more about it; and somebody said, did you look, when the house was shut up, to find the woman; I said I had no such thought; the gentlewoman and me went down and looked, but there was nothing but her clothes she had on the night before, spread all over the bed; a nankeen gown which she had on, which was washed almost white, and her stays and apron; the gown was spread all over the bed; I thought no more about it.

Had any body been in the bed? - There had been nobody in it.

When did you first see Carter after this? - I went up stairs and went to work as usual, and after eight at night Carter came home; he looked up at the window in King-street; the pavement is raised, and the windows are very low; he said G - d d - n you madam, and b - st you to hell, will you please to come and let me in? I went down and let him in; he said, G - d eternally d - n and b - st your eyes and limbs, you shall not pass the passage, you b - h, without my leave.

Was he in liquor? - I cannot say; says I, Mr. Carter, is this a recompence for all the trouble I have had with your place this day; I said no more to him, he called to know if his wife was up stairs in the garret with a lodger which he had; the lodger said no; he went down and opened the shop; he cursed and swore, and blasted; at last I was going of an errand, and Mr. Swift's cook, in Parliament-street, came to know why they had not brought the milk; and the cook said to me, do you think, Mrs. Currie, he has not been using her ill? I said, I do not know when he uses her well.

How came she to ask at that time? - Because he always did use her ill, it was a common thing.

Is she here? - No, Sir.

What reason had she for asking? - I do not know, only his general behaviour; his expressions were very bad, he wanted to have children by her; I wish you would excuse me saying what she said.

Court. You had better tell us what he said? - He said she was an old dry b - h, and he had no notion of spending his substance with such an old dry bitch as she was, and he wanted a young woman to have some children by.

Did he say any thing about her being absent from home? - No.

Was she older than him? - I do not know his age; she was fifty-seven this month; a first cousin came and produced her register; I went out of an errand; and as soon as I came in, I met him going out with something under his coat; I said, Mr. Carter, you are going again; shut up your shop, and take the key of the street door, for I will not sit up for you; so says he to me (my dear, which was the first word of the kind I ever heard him say before) I shall be back in ten minutes; I set up till eleven o'clock; so I called the watchman and said; I will give you sixpence if you will mind this shop window,

for Mr. Carter is not come home, and God knows when he will; I went up two pair of stairs, and chattted there till half past eleven; and he knocked, and a young woman that is here let him in; I saw no more of him till the next morning; the next morning between seven and eight, he came to the door with milk, he looked up and said, Mrs. Currie, I wish you would call Mrs. Gray down to mind the shop, while I go out with my milk; Mrs. Gray lodged in his garret; he said, is she coming; she does not answer me, says I, turning myself round; she is coming down stairs; I got my breakfast, and troubled my head no more about it; when I came back I went to the kitchen door, and that was between eleven and twelve; I then said to him, Mr. Carter, have you heard any thing of your wife? he said, no, d - n her, nor never shall any more; for she is hanged or drowned somewhere; I repeated the question, how can you think so? says he, I am sure she is hanged or drowned somewhere, she will never be seen here alive any more, for here are her keys, her pockets, and all her money; he said so three times over; says I, what should she go away for? there are her clothes all on the bed; says he, she had a brown camblet gown on; says I, Mr. Carter, I hope you found every thing safe, and have lost nothing? no, by G-d, says he, if I had, you would have heard of me before now, for I found every thing as I left it; I went up stairs, and sat down to dinner; when Mrs. Gray came up, says she, I cannot sit below any longer; for she had found Mrs. Carter's shoes; then a young woman ran down stairs, and found her in the tub; I went down and secured him.

Where did this tub stand? - Under the stairs, that you could not get a pail in it, under the stairs of the first floor, the water runs into it there.

What sort of tub is it? - It had been a beer tub.

Did it stand upon the ground? - No, Sir, it is raised from the ground, I suppose the best part of two feet, and the back of it rests against the wall, on the one side of it; and the other side you cannot get a pail in, if you would give ever so much; I never measured it, but I take it that is the heighth; there was a cock to draw out the water.

How high was the stairs over it? - Quite close, it was jammed under the stairs; there was the impression of the tub on the stairs; it was so close, there was not room enough to have emptied a pail of water at top.

Where do you sleep? - In the one pair of stairs forwards.

Does the door of your room open directly to the staircase? - No, Sir, it had been taken out of another house, and when the door is shut, you can have no communication at all with this staircase; there are three steps to go up and three to go down, before you can come to this staircase, and a little landing-place; then you come to the top of the stairs, and under the stairs stands the butt; I sleep in that room; on the Wednesday night I went to bed between ten and eleven; I always go to bed at ten.

Did you hear any noise that night? - No, Sir, I could not, for the coaches make such a noise in King-street, it is impossible.

You did not see Carter that night at all? No Sir.

Did he ever stay out all night before? - No, Sir, not all night; but at all hours; he was an irregular disorderly man; he frequently staid out till day-light in the morning.

Did you ever know his wife out all night? - Yes, she was gone away once through his ill-usage, four days, which made this not alarm us so much as it would have done; she came back again about eight on the Saturday night; when she went away that time, Mr. Carter did not call any body to mind the shop then; he said he could do by himself; he did not want any b - hes about him.

Had she a brown camblet gown belonging to her? - Yes, Sir, it was found in a

box behind where he sat, when I took him.

When the body was found what had she on? - I did not see her after ten on Wednesday night.

Mr. Garrow, Prisoner's Counsel. I will ask you one or two questions? - If you please Sir, twenty.

From the circumstance of this poor woman's being absent before, you did not think so much of this? - We had often thought that he would kill her, and we thought of taking him up upon suspicion.

However, it happened that she did return home? - Yes.

You have as bad an opinion of him, as you have of any thing living? - I have; I have often said, that a blessing attended every thing, for Mrs. Carter was deaf and could not hear him, for if she could he would drive her mad.

He used you with a great deal of ill language? - Yes, Sir, there he stands to answer for himself, he knows he has.

You told my Lord that this butt was raised so high that a pail might be put under it? - Mr. Littlefair, the surgeon, charged me not to have it broke up, because he said it was impossible for any body to put themselves in; it is about twenty-four inches over; it is a common beer butt.

When you saw her the last time, had her window shutters been put up? - No, Sir, a man saw her put them up, and wished her a good night; the door was pulled to and fastened; whoever went out pulled it after them.

You are not deaf? - No, nor dumb neither.

That we have had a specimen of! - I have spoke nothing but the truth.

Are you deaf? - No, that you are sure I am not.

You sleep on the first floor? - In the fore room forwards.

What may be the depth of your house? - I never measured it; I am no architect.

Is it a deep house or a shallow one? - It is a shallow one.

Is it a single house or a double one? - A double one.

This is in King's-street, Westminster? - It certainly is.

This poor old woman was very deaf? - She was.

Did she talk loud? - She never talked at all; she only nodded her head at you.

How long had she been in the course of that dumb way? - During all the time I knew her; she used to nod her head frequently.

Do you mean to be understood, that during the two months you never heard her speak? - Oh, speak, that is another part of the story.

Which of the two things that you have stated is true, that you have heard her speak, or that you have not? - I have heard her speak several times.

Did she use to speak loud, or did she not? - She did not, nor never answered him when he was abusing her; the street door was shut, and on the spring lock; they had pulled it to after them.

Had you been at the water-tub after the time you had seen her, or had you drawn water from it? - No, I had not; I had a pitcher of water; the water was running away, and there was no current for it to go; I called Polly; says I, my dear, you take in washing, somebody has broke the spiggot; it was bent and broke, and the water was running away; that was on Thursday morning.

How many lodgers had you in your house at that time? - Nobody but an old gentlewoman and her niece, which is here, in a two pair of stairs fore room; I went to bed at ten; my husband is a very old man, seventy years of age, and he will not sit up for any body; my husband was at home.

How high is the cieling from that place where the water tub stands? - The cieling of the stairs is so close that it has made an impression.

Now a man standing upon the spigot,

how is the cieling above it; I mean the cieling of the passage near the stair-case; the stair-case joins to the passage? - Yes.

What is the height of the cieling in the passage? - The butt made an impression in the lath and plaister to make room for it.

There is such a vast number of coaches there, you could not hear any noise? - Why you know there is, and last night they had been moving beer, so that there was no getting any sleep for them.

MARY GRAY sworn.

I lodge in this house where the prisoner lived, up in a garret; I saw Mrs. Carter on Wednesday evening a little after eight.

Was that the last time you saw her alive? - Yes, it was; I saw her in her own house.

What clothes had she on? - A nankeen gown on.

Was Carter at home? - No, he was not, I had not seen him all the day.

Court to Mrs. Currie. Had you seen Carter on the Wednesday? - Yes, Sir, about dinner time; he always dined at home.

Do you recollect how Mrs. Carter was dressed in the afternoon of that day? - I did not see her, I only saw her at night; I had not seen her the whole day long before the evening; I neither saw nor heard Carter that night.

When did you see Carter? - The first I saw of Carter was on the Thursday evening.

Had you any conversation with him then? - Not in the least, he only asked me if his wife was up stairs in my room, I told him no; he went down stairs, and made no answer to me; he was only on the stairs, he was not in my room at all.

He came up stairs, and asked you, and came down again? - Yes.

Did you see him again on the Thursday night at all? - No, Sir, I did not.

Did you see him on the Friday? - Yes, between seven and eight on the Friday morning, he was in his house then; and so he called me down stairs to look after his shop while he went out; he desired me to fill him some water for his breakfast against he came home, and I told him there was no water in the house.

What answer did he make to that? - He immediately said I will go and fetch you some, and he did so.

Did he make any observation of there being no water in the house? - No, not in the least.

How did you know there was no water? - Because I went to see at the time I went to fill him some water.

What state, did you find the spigot or cock of the water-tub? - It was broke.

Did you make any enquiry how it had been broke, or say any thing about it? - I did not, I had no business with it.

Did you tell him it was broke? - No, Sir, I told him there was no water; I did not apprehend about it's being broke; I asked him what was become of his wife, and whether he had seen her; and he said no, she be d - d, I am sure she is either hanged or drowned.

When did you ask him when he had seen her? - About eleven on the Friday morning.

How long have you lodged in the house? - About five or six weeks, I am not sure which.

Had Mrs. Carter ever absconded herself before? - Yes, for four days.

Did you happen to have any conversation with Carter about his wife when she went away before for four days? - Yes, we all in the house asked him after her.

What did he say then the first time? - He said I do not know where she is, I suppose she is with an acquaintance, we shall hear from her again, and when I said Mr. Carter, you ought to look after her; he said no, not I; says he, d - n her, I shall not look after her, we shall hear of her again.

Had you any more conversation with him before this woman was found? - No, Sir.

Who found her? - Mary Harfield .

Was Carter at home? - Yes, I was present; he said he was innocent; Mrs. Currle, she went and said directly, you dirty scoundrel, you have drowned her, you put her in.

What answer did he make when she first said that? - He said he was innocent of it.

Did he say any thing more? - No, Sir, not in particular that I know off.

I with you to recollect as well as you can, all he said when that was first said? - That is all I heard him say.

You do not recollect the particular expressions he made use of? - No.

Did he say how he supposed she had gone there, or any thing? - No, Sir, I did not hear him say a word about it.

What sort of place was the water tub in? - It stood under the stairs; the stairs was a little off the top of the water tub.

In what manner did the prisoner use his wife ill? - I never heard him beat her, but by words he used to treat her very ill indeed; I do not know that he beat her; he was a very soul mouthed man to every body; I understood he abused every body in the house; he abused every body I believe that he was acquainted with.

Do you know any thing further? - No, Sir, not that I recollect.

Did you see the body of the deceased immediately after she was found? - No, Sir, not till she lay on the floor.

Mr. Garrow. What had this poor woman on when she was taken out of the tub? - She had a shift and an under coat, a pair of stockings, and a handkerchief tied round her head; but I do not know whether it was to her chin or not; I believe she had not been in bed that night.

When this man applied to you to get him some breakfast, he expected it from this water? - I suppose so, I went to draw some water, and found there was none; the spigot was broke to pieces, and I told there was no water in the tub; and he said he would go out and get some; I never saw these people before, I was exceedingly fond of she, she was very deaf, I was a good deal with her, she spoke very low, that you could hardly hear her speak; she was a monstrous low spirited woman; when she returned after the absence of four days, she said she had been with an acquaintance, but I did not ask her where.

Did she give any reason for going away? - No, Sir, she was a person of a monstrous few words.

Had you any talk with her about the probability of her being reduced to the work-house? - No, Sir, she answered the questions as short as she could.

Did she appear melancholy? - No, Sir, monstrous low spirited.

The prisoner was very foul mouthed, and a very irregular man? - He was very seldom at home of evenings.

I suppose he must be in liquor, or else he would not come home so? - We always heard him in the house; it is a common staircase from this tub up to my garrett.

You heard in the course of this night no noise or screaming; - Not the least; the tub continues in the place still.

You was afraid before when she was absent, that some accident had happened to her? - Yes, I was, and asked him about her.

MARY HARFIELD sworn.

When did you see the deceased last before she was missing? - On Wednesday evening, about half past ten.

Where did you see her then? - Sitting in the shop.

Do you recollect how she was dressed? - In a nankeen gown.

When had you seen Carter before that? - I do not recollect that I saw him all that day.

Do you recollect seeing Mrs. Carter the day before? - Yes, I saw her about eleven in the day.

Do you happen to recollect whether she had the same gown on in the morning that she had on at night? - No, she had a brown camblet gown on then.

In the morning she had a brown camblet gown on? - Yes.

When did you first see Carter? - On Thursday evening, about half past eight.

Had you any conversation with him that evening? - Yes.

Did he come to you? - Yes, he came up stairs, and asked me where his wife was; I told him I had neither heard nor seen her that day.

What answer did he make to that? - He went down stairs cursing and swearing to himself.

But did not you hear something that he said? - He swore that if he ever saw her any more, he would chop off her arms and legs, with many shocking oaths.

Then when you had told him you had not seen her, he seemed angry? - He cursed and swore, and repeated these words; but whether he was angry or not, I cannot say.

After that, did you see him any more till the Thursday night? - Yes, I went down to Mrs. Currie, and I asked her if she had heard any thing of Mrs. Carter, and Mr. Carter heard me, and he said, his wife and him had been going to be parted a great while, and now they were parted, he would marry me to-morrow, with all his heart; that was to me.

Did he explain what he meant, that now they were parted? - He said nothing more; I then went out, he went out after that, I let him in about half past eleven; when he first came in, he rather stood still, he did not say any thing; I asked him if he would shut up his shop; he said yes; I staid with him while he shut his shop up; he went into the back-room and fetched out a candle that had been lighted the night before, very little burnt; and as I stood in the passage, I saw a shoe lay that she had on, on Thursday night; I picked it up, and gave it to Mr. Carter; he answered, it is a woman's shoe, and I looked at it, and I gave it to him, and I said, it is Mrs. Carter's shoe, and he took it and threw it into the kitchen; nothing more passed then on that subject, he looked so very different in his appearance from what he used, that I asked him if he had been in sleep, and he answered no, he never slept when from home; he was not very much in liquor; he was rather in liquor, at half past eight; he was very much sobered when he came in at eleven, for the shortness of the time; nothing passed further than I wished him a good night, and asked if I should bolt the outer door; he said no, leave it to me; and I went up stairs, and looked out of the front window, and saw Mr. Carter stand at the door for some time, and walking in the street; nothing more passed that morning.

I believe it was you that found the deceased? - Yes, I was the first that saw Mrs. Carter in the tub.

How came you to look in the tub? - Mrs. Gray that was below with Mr. Carter, by saying I had seen the stuff shoe, she said Mrs. Carter must be in the house, she could not go out without her shoes; Mr. Carter, the forepart of the day, had frequently said, that to be sure she was either hanged or drowned, she could not think where she should be concealed but in the water tub; I looked and saw Mrs. Carter laying in the tub.

Did you take the candle? - I did.

Now describe particularly in what manner you found her? - She was laying bent rather on the right side, with her head and her feet bent round together.

Was her head lowest, or her feet? - I cannot justly say which was lowest, I could see nothing but her back; they both appeared to me of a lowness; the tub was moved immediately on discovering her.

Could you then discover more particularly whether her head or feet were lowest? - I did not go to look at her afterwards, I was so alarmed at the sight of her, but her back was uppermost, I am very clear in that; I looked at her a second time, she lay as it were across the tub, rather bent on her right side, and her knees, and feet, and head round; her back was uppermost; I saw the cock of the tub broke on the Thursday morning; I then drew some water out of the tub, and the cock was not in the state it was on Wednesday; there was

water, I drew ten or eleven pails out, on the Thursday morning, between nine and ten; it was a wooden cock, not a spigot.

What did you observe of the cock? - The broad part of it was pushed down quite in, so that I could not stop it any way to stop the water; it was pressed down, as if something on the outside had pressed it down; the tub had been leaking for some time, the hole had been mended with some putty, and that was beat off.

Whereabouts was the hole? - At the outside on the front, not quite fronting.

Was there any hoops on the tub? - It was hooped all the way up with iron hoops, it stood upon a stand under the reach of of the stairs very near the wall.

Was there any step near it? - No step at all, for we never put any thing in at the top of the tub, the water came into the tub.

Mr. Garrow. How near did you find the shoe to the tub? - By the side of the tub, close to it, rather under it; the cock was in the front of the tub, and where I found the shoe was by the side going in at the kitchen door, I did not see the fellow to it; I did not go into the kitchen, to the best of my recollection; when Mr. Carter chucked it into the kitchen, I think he said, there lays the fellow of it; this tub was the only supply we had of water, excepting some that came into the kitchen for Mrs. Carter's use; I had occasion to go to this tub in the morning, and many times in the course of the day; the prisoner was a very foul-mouthed man, a good deal addicted to drinking, kept very late hours; the last time I saw Mrs. Carter, was at half past ten on Wednesday evening; she was then going to shut her shutters, and I asked her how she did, and she said very well, and I saw her no more; he was seldom or ever at home in the evening, his wife always let him in; I never knew him take the key of the street-door with him.

Do you remember seeing her about dinner time on the day of the Wednesday? - Not about dinner time; I saw her between eleven and twelve, she had then her camblet gown on, as she always had the fore-part of the day; I saw her, now I come to my recollection, at four o'clock; she came up with the milk, she had her nankeen gown on then; I have lived in the house three years and seven months; I never knew the people till they came into the house; I had no acquaintance with the deceased any further than passing or repassing, for she was a very close reserved woman, very slow of speech, and quite hard of hearing.

Did she appear a dispirited woman? - Why I do not know; I believe nothing more than her trouble with her husband; she appeared always low; she had on, when found, a shift, an under petticoat, and a pair of black worsted stockings, a cap, and handkerchief over it; when I saw her at half past ten, she had on a mob cap; I cannot say whether laced or plain, with a white ribbon round her head, she never went to bed till her husband came in, there was a candle in the passage which had been lighted but a very short time.

Do you mean to say, that this woman, if he staid out all night, never went to bed? - Never, because she has told me so herself, that she was hard of hearing, and could not, if she laid down, hear him knock; and I have seen her myself waiting for him as late as one o'clock.

ROBERT CRAWFORD sworn.

I was one of them that took the body of this woman out of the tub; when I saw the tub, I put my foot atop of the stilt, and I felt into the tub; says I to the surgeon there is something cold like a corpse in it; the body lay round in this manner: the back was to me quite on one side, I did not see it whilst the tub was upright.

CHARLES LYCETT sworn.

I am an assistant to a surgeon; I examined the body.

From the appearance of the body, what appeared to be the cause of the death? - There was no violence that I could find out.

What appeared to you then to be the cause of the death? - I could not rightly say, that I saw any thing about her that could have caused her death.

How long have you been assistant to a surgeon? - Some time.

How long? - About a year and three or four months.

Have you knowledge enough to judge, from the appearance of the body, what that woman's death was occasioned by? - It was occasioned by drowning, my opinion is; I found her in that state, there were no other marks of violence except that alone.

Was there an appearance that she had died by drowning? - It is very hard for me to suppose that.

Have you ever seen any drowned person before? - Yes.

Then was the appearance of the body such, that in your opinion, it was caused by ill usage or drowning? - In my opinion it was not caused by ill usage, otherwise than by drowning; she might have been drowned, she might have been stifled in the tub, and must have been, because I could not find any marks of violence.

Then you have no knowledge that enables you to form a judgement yourself, from the inspection of the body, what occasioned the death; has any other surgeon ever seen the body? - No Sir.

Did you open the body? - No Sir.

Why did not you? - I saw no more marks of violence than a little putrifaction under her neck, which must have proceeded from her position; in the inside of the right arm, I saw a little putrifaction, but I could not distinguish the marks of fingers.

That might equally happen, whether she put herself into the tub or any body else put her in? - Yes, she seemed to be in a state as if drowned, with her hands clinched, and her legs contracted, and her neck also contracted; As far as I could judge she appeared to me to be drowned.

Mr. Garrow. You saw the situation of the tub in its erect state? - Yes.

And the cieling over? - Yes, it is about two feet over the top, if it be that, that is the most.

Do you conceive that if anybody alive had been forced into that tub by any other person, that it could have happened without some external bruises that would have presented themselves to your observation? - That is according to the resistance that must have been made; she was naturally a very weak woman.

My question is, from the very small aperture that there was from the heighth of it from the floor, do you conceive it is possible for her to be forced in against her will, without marks of external bruises? - I think it is.

PRISONER's DEFENCE,

I have witnesses where I was all the hours of that night.

ANN SHERWOOD sworn.

I am a married woman; I live in New Tothill-street; I know the prisoner and his late wife these twelve years; they have been married thirteen or fourteen years; I have been very intimate with them in regard to neighbourship; they have lived in my neighbourhood before they went to King's-street twelve years.

What fort of woman was the deceased? - A little woman, if I must speak the truth, I think she was low spirited, and rather melancholy.

She was very deaf? - Yes, that was the reason I did not like to correspond with her much.

Had you at any time any conversation with her, with respect to her situation? - No Sir, no farther than her trouble.

Court. I do not think that conversation is evidence; it must be evidence both ways or none; it would not be evidence against the prisoner.

Mr. Garrow. Have you at any time had conversations with her, leading you to form that opinion? - No Sir, but only as I thought by her behaviour, she was very melancholy, and a woman that

seemed to me as if she would go into despair.

Did you build that opinion on any expressions of hers to you? - She used to have the water from our place when she had no convenience of her own; I used to watch her to the water tub, through her being so low spirited, for I was afraid of her making away with herself; she was once by the water tub crying sadly; I asked her what was the matter, and she said she did not know what was the matter with her, she believed she should make away with herself; that is the truth; she has been a low spirited woman ever since I knew her.

This man was an irregular strange sort of a man? - I never saw any harm by him in my life, but a hard working man.

He was a foul mouthed fellow? - When he was in liquor, never otherwise.

The woman had a deal of trouble on her mind? - She seemed so, and said so.

MARY GREEN sworn.

I live in the house that the prisoner left, I have known them from the day of their marriage; I believe in August next it is fourteen years; she was always low spirited, and unhappy in her mind; always complaining, for fear she should come to want.

What have you heard her say? - I heard her say, that she thought he would make away with every thing she had, and she should come to want; I have heard her say, that she was afraid she should do something bad.

ALEXANDER MILLS sworn.

I have known these people about two years and a half; the deceased seemed to be rather a little upon the melancholy; she said, and used sometimes to be complaining rather upon these hardships that she suffered; the only time that ever I heard her utter any expression that seemed to intimate any intention of doing herself any hurt, was a month or five weeks ago, she was in my house to have a pair of shoes heel-pieced; at that time, when she came back my wife asked her how she was, and how Mr. Carter was behaving now, or much to that purpose; so she said, much about the old way; and I do not know what I shall do, but I think I shall make away with myself. I say that as an honest man on my oath; the answer I made her was, Mrs. Carter do not talk so, you should rather take the protection which the law gives you, if he uses you ill; I do not remember she made any answer to that.

AGNES MILLS sworn.

I have been acquainted with this poor woman between two and three years; I remember her coming to my house the time my husband has been speaking of, and I asked her how she did, and how Mr. Carter behaved to her, and she said, much after the old way; she did not know what she could do, but she thought she should make away with herself; she was always dull ever since I knew her; I never had much conversation with her.

Jury to Mrs. Harfield. Do you suppose that Mrs. Carter could easily have got into that tub without a chair or something? - No Sir, I should not have supposed that she could have got in without some support; there was a chair near.

Prisoner. My wife had been gone away four or five times before; and once was absent four days, so when they asked me I did not mind it.

The Jury retired for a short time, and brought in their verdict,

NOT GUILTY .

Court. Prisoner, you have on this occasion escaped an imminent danger of your life; I am perfectly satisfied with the verdict of the jury, which is according to the real truth of the case; it is a right caution where there is a defect of evidence; and the belief of my mind is, that you were not the immediate and actual cause of your wife's death, but the brutality of your character and conduct, has been the means

of bringing you into that miserable situation in which you stood to day; and you have that weight on your conscience, which though short of the guilt of murder, ought to make you think very seriously during the remainder of your life: The only question the jury had to try was, whether you occasioned your wife's death yourself, or was the means of her being the cause of her own death; the circumstances perhaps in the sight of him that will judge you hereafter, do not greatly differ; and I hope that the danger it has brought upon yourself will produce such a change in your mind, as to wipe off that guilt which you certainly lie under at present.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17870711-89

646. JOHN, otherwise JAMES COOGAN was indicted, for that he, on the 13th of July, 1786 , falsely did utter, and publish as true, a certain false, forged and counterfeited will and testament; with a certain mark there to set, purporting to be the will of James Gibson , late a seaman belonging to the Vigilant, with intention to defraud Evelyn Pierrepont , Benjamin Waddington and William Waddington , well knowing the same to be false, forged and counterfeited .

A second count. For uttering the same, with intent to defraud James Gibson .

When the prisoner was brought to the bar, and the indictment was read to him; he pleaded autrefoits acquit: meaning thereby, that he had been tried before for the same felony, and acquitted: and what he grounded his plea upon was this: - At the preceding Sessions he was indicted, for forging, or uttering knowing it to be forged, the will of one James Gibson . The prisoner's counsel, Mr. Sheridan, discovered on that occasion, a variance of one letter, between the will and the manner in which it was set forth in the indictment; the consequence of which was, that after an argument on the subject, the Recorder admitted the varience to be fatal to the indictment, and directed the jury to acquit the prisoner on that ground. - The present indictment was drawn up conformably to the will, and therefore differed of course, (though only in one letter) from the first indictment; and Mr. Sheridan endeavoured to obviate the difficulty that would arise from that variance, in the out-set, by his argument in support of the prisoner's plea of autrefoits acquit, as follows:

MY LORD,

The plea of autrefoits acquit is an old, established and legal plea; but should it be once admitted, that a variance between the indictment to which this plea is urged as a bar, and the other indictment or record on which it is founded, will oblige the court to over-rule the plea; it is absolutely impossible, that such can ever be urged with effect, because no prosecutor who fails in one indictment on the ground of informality, will ever prefer another indictment for the same offence, in the same words: he must necessarily guard against the error that proved fatal to the former indictment. The consequence must be, that there must be a variance; and if the plea is over-ruled on that ground, I may, with deference contend, that autrefoits acquit, instead of being an established legal plea, is merely nominal, unsubstantial and frivolous.

I find this plea urged, my Lord, in Hale's History of the Pleas of the Crown, vol. 2. page 246; and the argument of that learned judge appears to support the position I have laid down, and to warrant the use I intend this day to make of the plea of autrefoits acquit, as applied to the case of the prisoner, who has put it in by my advice. - My Lord, it is there stated, - that A was indicted for the murder of B by poisoning; and the indictment runs thus: - Quod B fidem adhibens persuasioni dicti A nesciens predictum potum cum veneno fore intoxicatum recepit et hibit, per

quod predictus B immediate post receptionem vene predicti obiit. - But as it was not alledged quod venenum predictum recepit et bibit, the Court directed the jury to acquit the prisoner, who was indicted again for the same crime; and the second indictment was made formal and complete, by the addition of the words which were wanting in the former. When he was arraigned on the second, he pleaded autrefoits acquit. The court did not found the opinion given on his plea, upon any variance between the two indictments, though a very essential variance did exist; they did not compare the records, because, as we are left to conclude, the variance would not have proved fatal; but they over-ruled the plea upon grounds which applied to the case then under consideration. It will be my duty to shew, that the plea, as used now by the prisoner at the bar, does not come within either the letter or spirit of the objections stated in the case reported in Hale. - The first objection was, that the former indictment of A was insufficient, because it did not, in fact, state a felony to have been committed; the indictment, upon the very face of it was defective; and therefore A being acquitted on such a indictment, could not be said to be legitimo mode acquietatus of the murder of B. - But the case is very different with the prisoner at the bar: a felony was fully stated in his former indictment; and no one who did not compare the indictment with the original will (which was no part of the record of the court) could possibly discover any defect in it. Here is a very great and very material difference between the two cases; and what might be objected to the plea of autrefoits acquit in the one, would be totally inapplicable to the other. - The next objection taken by Hale, to the plea of autrefoits acquit, as urged in the case reported by him, is, that the indictment being insufficient and defective, the Court could not tell, whether the verdict of the jury was given upon the merits of the whole cause, or merely upon he defects in the indictment; but this objection could not hold in the present case: for as the former indictment was in itself perfect and complete, and no defect whatever appeared upon the fate of it, your lordship has no alternative but must intend that the verdict of acquittal, which appeared upon record, was given upon the general merits on the case; and therefore my Lord, I pray, that upon this plea, judgement may be given against the crown.

Mr. Justice Wilson. Your plea is, that he has been acquitted of the felony for which he was indicted; then you must aver that it was the same felony; it this is another will, that allegation that it is the same felony will not be sustained. There is no imperfection in the indictment in the case you have been citing; it was the same man, and for the same offence, but the offence had been insufficiently alledged; there is nothing to be presumed, if the facts be different, if the will that is set out in the former indictment was a different one, there is nothing to be presumed, but that in point of fact, one of the felonies differs from the other: it is necessary for you to aver that the two felonies are the same; if they do differ, there is an end in point of fact to the plea: a man is indicted for forging the will of A. there is a mistake; he is afterwards indicted for forging the will of B. the second time you aver, that that acquittal was for the same felony for which he now stands indicted: produce the will, and you will see it corresponds with one record, and not with the other.

Mr. Sheridan. So far it is the will of the same individual, only the difference of the letter I.

Court. If they do not differ, then his plea is good.

(The indictment read, and compared with the record by Mr. Sheridan, and it appeared not to be the same.)

Court. You must take his plea.

Mr. Shelton. The Court having given judgement against you on that plea, you must now plead over to these offences at large: are you guilty, or not guilty?

Prisoner. Not guilty.

(The Jury sworn.)

(The case opened by Mr. Silvester.)

JOHN RODD sworn.

I am one of the clerks of the Prerogative-office.

Is the probate called in? - Yes.

(The original will produced from the Commons.)

SAMUEL LAMEY sworn.

I was clerk to Mr. Christian, a proctor in the Commons, at the time.

Do you know the prisoner? - I have seen the prisoner.

Look at that will, what do you know of the prisoner and that will? - That will was produced by the prisoner at Mr. Christian's office, in order to obtain probate; at the time he brought the will, I asked him for the proof of the man's death, which is necessary, in order to write the jurata; he then produced a letter, I believe this is the letter.

Court. Are you sure it is the letter? - I have read it over several times, and from the writing, and from the instructions I think it is the same; I found sufficient in the letter to instruct me to write the jurata; I wrote the jurata upon this will; it is my own hand-writing, and my own jurata; when he first produced the will, I believe he was not then sworn; on account of his not having the money to pay for the office fees; I kept the will in my desk, as he told me he had a friend that would advance him the money to pay for the will; I wanted to know what effects the man died worth, in order that we might know what stamp to use on the business; he told me where the money was payable, and I directed him to Mr. Waddington; he said it was money due for a prize from the Vigilant, he said a merchant ship; on his return he told me there was the sum of twenty pounds; the jurata is dated the 13th of July, 1786, which was some few days previous to its being sworn that it was first presented, I cannot charge my memory with how many times he did call, but the last time he called, it was of a Saturday; he informed me he had been to Mr. Waddington, and I told him to bring the probate by three o'clock, as he was then going out of town at that time, and he before told me that Mr. Waddington would be glad if Mr. Christian's clerk would go down with him; in consequence of which I expedited the business, the same morning, I think it was the same morning, it was on the Saturday morning I expedited the business; he told me if I would go with him; he would then pay me for the business, and make me a present for my trouble; I accordingly got the business under seal, and went with him to Mr. Waddington; when I was there Mr. Waddington asked some few questions respecting the will, to know whether it was regular; I told him it was done according to the usual course; then Mr. Waddington gave the prisoner a checque on his banker, and we went to the banker, then the money was paid, and a receipt given by the prisoner, which is witnessed; after Mr. Waddington had asked him the necessary questions, he paid the sum of fifty pounds one shilling, which I think was the sum; I wrote a receipt, and at the request of Mr. Waddington, I signed it as a witness to the payment of this money, with his clerk; I went with the prisoner, he received the money at the banker's, he paid me my bill, and gave me a little present.

Mr. Sheridan. Had not the prisoner told you, that the James Gibson for whom he wished to take out the will was a half-brother of his? - I suppose he did.

Did he mention to you any part of the world that James Gibson was a native of? - As late of Baltinglass, formerly belonging to a merchant ship the Vigilant.

Not to the man of war? - No.

He did not describe her as a ship of war, or a ship of force, but merely as a merchant ship, I do not recollect that he did.

The Will read, dated 9th September, 1785.

"I give and bequeath as follows: - I

"give and bequeath to my loving brother-in-law,

"by the half blood, John Cogan ,

"all such wages, sum and sums of

"money," &c. appointing him sore executor.

The Letter that was delivered by the Prisoner read, directed.

"To Mr. John Cogan, at Mrs. Davis's,

"next to the Coalshed door, White-hart,

"Drury-lane, London, in England."

N. B. This letter had a general postmark on it of Ireland.

The Receipt read for 50 l. 1 s. dated July 18th, 1786, of Mess. Pierpoint and Waddington.

JOHN BERWICK sworn.

I was clerk to Mess. Waddington and Co. at the time; I remember the prisoner coming to their house, perfectly well; he came different times to Mr. Waddington's, and made a demand of the prize money due to him from Gibson; Mr. Waddington asked him his authority; he told him that he had had information that he was dead, and he had his will and power, to receive his prize money, due to him, in consequence of which he produced a will; and Mr. Waddington told him he could not pay him; but he must take out a probate; and unless he could produce a person that knew him, he objected to pay him the money; in consequence of which he said he could produce a person; and he came in company with Mr. Lander, and produced the probate, and Mr. Waddington paid him the money; and he signed a receipt, which I witnessed with Mr. Lander.

WILLIAM WADDINGTON sworn.

I was partner with Evelyn, Pierpoint and Benjamin Waddington; we were not in partnership at the time the money was paid, it was in consequence of a partnership before; we had been in partnership when the prize was taken, and we were paying the prize money in consequence of the final condemnation of the prize, which had taken place a short time before; on the day the money was paid, which was on Saturday the 15th of July, a seaman came along with Mr. Lander, in consequence of a request that we had before said, he must come accompanied with somebody that knew him, and by the proctor that made out the probate; they came to the office, and produced a letter which has been read in Court, and the probate; I asked him a great many questions, whether or no the James Gibson , which is mentioned in the letter, and in consequence of whose death he had proved the will, was the same James Gibson that was on board the Vigilant? and he assured me he was the same, that he was his brother-in-law in half blood, and that he knew he was on board the Vigilant, Capt. Barnwell, at the time she had taken the prize; among other questions, I particularly asked him for a certificate, which the captain, at my request, had given to each of the seamen on board the ship, on discharging them, expressing that they were on board at the time of the captures, in order to prevent frauds and mistakes; this he was not able to produce, nor was he able to give any reason why he could not; but he said the man was dead, and he supposed that the paper was lost or mislaid; but as that did not weaken his claim, and as Mr. Lander, who is a very gentleman-like man, accompanied him, said it was a regular will, I consented to pay him the money, fifty pounds one shilling, and requested Mr. Lander to witness

it with my clerk; I paid the money in consequence of this application, and to this person, and took the receipt, which has been read in Court.

Mr. Sheridan. This was not a king's ship? - No, Sir, a merchantman under a letter of marque.

Mr. Sheridan handed up the book, in which it appeared it was only for the king's ships. See 2d Geo. II . c. 25. See 9th Geo. III .

TIMOTHY M'CARTY sworn.

I was a seaman on board the Vigilant, letter of marque, under Captain George Barnwell ; I was on board when they took the prize; James Gibson was on board, I saw him about two months ago, that is the same man that served on board the ship; there was no other man on board that ship.

Mr. Sheridan. Was there ever a mair of your own name? - No.

Did you know two men of the same name? - Yes.

Can you venture to swear that there was not two men of the name of James Gibson on board? - There was none during the voyage; I swear that.

Mr. Waddington. I was present when they signed the articles, and I received from the captain the names of the men on board, and there was no other man of the name of Gibson on board.

Court. How many men had you on board the ship? - I cannot tell, I am no scholar, there was upwards of sixty, I believe; I cannot tell.

Mr. Sheridan. Was you very well acquainted with all those that did not belong to your own particular mess? - Yes, I swear there was no other man sailed on the voyage but that James Gibson .

JAMES GIBSON sworn.

Did you serve on board the Vigilant, Captain George Barnwell ? - Yes.

Was you on board when the prize was taken? - Yes, I received prize money for the ship Friendship, and the sloop, I have a certificate from my captain.

Is any body here to prove it? - There was no other man on board that ship but me of the name of Gibson; there was one Robert Gibbs , that was the nearest.

Have you received all the money that, was due to you from on board the Vigilant? - Yes.

Without any promise of returning any part of it? - Yes, every person stands completely released now.

(The will handed to the Court.)

Mr. Silvester. You was at sea from August 1785, to August 1786 - I was at sea some of the time; I was out of England from August 1785, to August 1786.

Mr. Sheridan. Have you known a seaman go by two names? - No, Sir, I have heard of many, but never knew one; there was never any on board that ship that ever I heard of; I did not know him by that name.

Court to Mr. Lander. I see here is the jurata, written I think, you said in your own hand-writing? - Yes.

Do you know that the prisoner was sworn to this? - He was.

He took the oath then that is usually administered? - He did.

Do you remember what that oath is? - I do not know whether I can repeat it verbatim: You swear that this contains the last will and testament; (mentioning the name of the deceased) that you are the sole executor therein named; that you will give a perfect and true inventory, when thereto by law required; you also swear that the effects do not amount to more than such a sum.

PRISONER's DEFENCE.

I leave it all to my Counsel; I have no witnesses; I have been so many times up here that they did not know when to attend I have been here for three sessions; when I first got the letter I went to Mr. Waddington's he told me there was such a man as Gibson belonging to the ship; he looked at the book and told me there was; I told him he had left me a will; I brought no will till I administered.

Mr. Waddington. He told me that the James Gibson mentioned in the letter, and the will, was the same James Gibson that was on board the Vigilant, George Barnwell , commander, who was on board at the time of the capture: I do not deny that he came to ask me whether there was a James Gibson on board.

Prisoner. I never knew the captain's name.

To Mr. Waddington. Did he shew you the will before he produced the probate? - I never saw the will at all; I do not doubt but he might have shewn the letter.

Court, looking at the letter. Gentlemen of the Jury, this letter seems to come from Ireland.

Prisoner. I told Mr. Lander I did not know that my brother was dead; but from a letter from Ireland; he told me that was sufficient proof.

Court to Lander. When this man first came to you, what was his enquiry? - He came to enquire whether there was any prize money due to James Gibson ; I told him to call again; in consequence of which he did call again, but what passed between Mr. Waddington and him I cannot say; he asked me if thore was any prize money due to James Gibson .

Did he tell you that he had received a letter which informed him that there was a James Gibson on board the Vigilant? - Yes, he did.

Did he express any doubt to you whether there had been a James Gibson on board? - No, he only asked what prize money was due.

N. B. Before the verdict was given, Mr. Sheridan suggested to the Judge a doubt, upon which he wished for his opinion. The law makes the forgery of a will a capital offence; but then the question arises - what is a will? In point of law, it is only the death of the testator, which can give efficacy to a writing, vulgarly called a will; so that in fact, it is the death that completes the deed, and gives it the name of a will. In that point of view, he said the prisoner could not be said to have have forged a will; as the supposed testator was alive, and had actually appeared in Court. The Judge said, the case was new, and as it had never been determined, he would take the opinion of the twelve Judges upon it, and of course would arrest the judgment.

GUILTY , Death .

Sentence respited, the case being reserved for the opinion of the Judges.

Tried by the London Jury before Mr. Justice WILSON.

Reference Number: t17870711-90

647. MARY TAYLOR was indicted for stealing, on the 6th of May last, one linen handkerchief, value 2 s. four quart bottles, value 1 s. and four quarts of sherry, value 7 s. the property of John Smart .

NOT GUILTY .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-91

648. THOMAS COLLEGE was indicted for stealing on the 30th day of June last, one cornelian seal set in gold, value 20 s. the property of John Worboys .

Robert Sanders saw the prisoner come out of the prosecutor's shop, and put something on the groove, which another man came and took away; and the prosecutor missed a gold seal which he gave the prisoner to look at.

The prisoner called five witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-92

649. JOHN JONES was indicted, for that he, not having the fear of God before

his eyes, and being moved and seduced by the instigation of the Devil, on the 15th day of May last, in and upon Elizabeth, wife of Charles Goodson , in the peace of God and our lord the king, then being, did make an assault, and her the said Elizabeth, against her will, feloniously did ravish, and carnally know, against the statute .

NOT GUILTY .

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

Reference Number: t17870711-93

650. JAMES CHRISTIE was indicted for stealing, on the 8th day of June last, six bushels of coals, value 6 s. the property of Thomas White .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17870711-94

651. WILLIAM PIMLOTT and SARAH CARTER were indicted for feloniously stealing, on the 27th day of May last, six cloth coats, value 47 s. one cotton frock, value 2 s. three dimity waistcoats, value 3 s. two silk ditto, value 4 s. one cloth ditto, value 2 s. one pair of silver sugar tongs, value 3 s. three cotton gowns, value 15 s. and divers other things, value together 1 l. 15 s. 3 d. the property of Thomas Chinnery , in his dwelling-house .

The property was taken on the prisoners.

BOTH GUILTY, 39 s.

Each to be transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-95

652. ELIZABETH SMITH , alias CAVE , and THOMAS (a black man ) were indicted for feloniously stealing, on the 2d of June last, one metal watch, value 3 l. one pair of stone knee buckles, value 1 s. a silk handkerchief, value 6 d. and a crown piece, value 5 s. the property of George Jones , in the dwelling house of James Webster .

BOTH GUILTY, 39 s.

Each transported for seven years .

Tried by the first Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-96

653. DAVID LEWES was indicted, for stealing, on the 11th day of June last, one silk handkerchief, value 1 s. a hat, value 2 s. a shirt, value 5 s. a neckcloth, value 1 s. a coat, value 8 s. a waistcoat, value 4 s. a pair of breches, value 5 s. a pair of stockings, value 1 s. a pair of buckles, value 1 s. and two silk handkerchiefs, value 2 s. one other ditto, value 1 s. the property of John Careless .

The prisoner was taken with two of the handkerchiefs on him, and lodged in the room where the prosecutor left his things.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-97

654. GEORGE HANNELL was indicted for stealing, on the 18th day of June last, one wooden box, value 2 s. one pair of sheets, value 20 s. two diaper table cloths, value 20 s. twenty-three linen towels, value 10 s. three dimity petticoats, value 14 s. four shirts, value 20 s. one cotton gown and coat, value 40 s. and divers other things, value 2 l. 10 s. the property of Mary Bailey , widow .

The prisoner was taken with the box upon him which he had taken out of a cart.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-98

655. SCIPIO AFRICANUS was indicted for stealing, on the 5th day of July last, one cotton gown, value 2 s. one black silk cloak, value 12 d. two aprons, value 4 s. two half handkerchiefs, value 12 d. one shift, value 1 s. and one pair of robins, value 6 d. the property of Sarah Lever , spinster .

The prisoner pledged part of the property, and sold the other part.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-99

656. JAMES SMITH was indicted, for stealing, on the 16th of June last, one deal box, value 2 s. one copper tea urn, value 20 s. one red japanned knife tray, value 1 s. one wicker hamper, value 6 d. and twenty pounds weight of mutton, value 5 s. the property of Thomas Thatcher .

The prosecutor caught the prisoner removing the things from his cart on his return from an errand.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-100

657. WILLIAM BRUCE was indicted for stealing, on the 7th day of June , three pair of mens leather shoes, value 6 s. and a pair of plated buckles, value 1 s. the property of John Falkener .

Ann Gurney took the prisoner in the prosecutor's house, with the property upon him.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-101

658. JOHN NEWETT was indicted for stealing, on the 29th of May last, one cotton gown, value 5 s. a check apron, value 1 s. and a cotton handkerchief, value 1 s. the property of Jane Christall .

The prisoner was taken, getting out of the prosecutrix's window, with the property upon him.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-102

659. ROBERT WITHERS was indicted, for stealing, on the 19th day of June last, 73 yards of linnen, value 3 l. the property of David Treasurer and Co.

Mary Milford saw the prisoner take the linen out of the shop.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17870711-103

660. ANN JONES was indicted, for stealing, on the 27th day of May last, 4 guineas, and one half guinea, the monies of George Davis , privily from his person .

The prosecutor got into a coach with the prisoner; and when he came to pay the coach, he missed his money, which he had when he met her; a guinea was found in her pocket by the patrole, and two guineas and a half by the watchman.

GUILTY, Of stealing, but not privately .

Imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-104

661. SUSANNAH MARNEY was indicted, for stealing, on the 31st of

May last, two aprons, value 3 s. two muslin caps, value 5 s. one black sattin bonnet, value 2 s. a cravat, value 1 s. a stock, value 1 s. the property of William Stormont .

GUILTY .

Imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-105

662. ELIZABETH HOLLOWAY was indicted for stealing, on the 5th of July , one piece of Irish linen cloth, containing 25 yards, value 1 l. 7 s. the property of John Caldecott .

A witness saw the prisoner take the property out of the shop, and she was taken with it in her apron.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-106

663. PETER WARD was indicted for stealing, on the 30th of May last, six silver tea spoons, value 12 s. two silver table spoons, value 20 s. one silver skewer, value 10 s. one silver marrow spoon, value 8 s. the property of John Stead , in his dwelling house .

The prisoner was employed as a clerk to the prosecutor, and he broke the locks, and took the property out of the room, in which he wrote; he was stopped by a pawnbroker, with some silver.

Prisoner. I confessed; and the gentleman promised to forgive me.

GUILTY, 39 s.

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-107

664. GEORGE WALL was indicted for stealing, on the 7th of June last, four pieces of linen cloth, containing one hundred yards, value 6 l. one piece of muslin, containing five yards, value 30 s. one piece of handkerchiefs, value 20 s. and one wrapper, value 1 s. the property of John Rose , in the dwelling house of Richard Brotherton .

GUILTY Of stealing, but not in the dwelling house of Richard Brotherton .

Imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-108

665. WILLIAM SMITH was indicted for obtaining goods under false pretences .

GUILTY .

Privately whipped .

Imprisoned twelve months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17870711-109

666. MARY HANNAGAN and MARY HARRINGTON were indicted for putting off a bad shilling .

A second count. For being common utterers.

BOTH GUILTY on the first count.

Fined 1 s. and imprisoned six months .

Reference Number: t17870711-110

667. ANN WHITE was indicted for obtaining goods, by false pretences , the property of William Stock .

GUILTY .

Transported for seven years .

Reference Number: t17870711-111

668. JOHN WHITEHEAD was indicted for obtaining goods by false pretences .

NOT GUILTY .

Reference Number: t17870711-112

669. ROBERT BENSON was indicted for the like offence .

NOT GUILTY .

Reference Number: t17870711-113

670. THOMAS WOODWARD was indicted for feloniously receiving on the 5th day of June , one iron screw for a printers press, value 20 s. the property of Francis Mardin , knowing it to be stolen .

NOT GUILTY .

The preceding misdemeanors were tried by the London Jury before Mr. ROSE.

Reference Number: o17870711-1

William Billing also received Sentence of death, who was sick last session
Reference Number: s17870711-1

The Trials being ended, the Court proceeded to pass Sentence as follows:

Received Sentence of death, 18, viz.

William Barton , Joseph Williams , Benjamin M,Cowl, George Brace , Richard Joy , Thomas Alger , James Ramain , John Evans , George Babbage ; William Adams , Mary Chasey , James Mitchell , Dennis Hanlan , John Jones ; Thomas Collins , Sadi otherwise George Horne, Sarah Young , and Joseph Ward , (and

Reference Number: s17870711-1

William Billing also received Sentence of death, who was sick last session .)

Transported for seven years, 38, viz.

George Steele , Thomas Godfrey Rowley , Joseph Curry , Thomas Reilly , Thomas Reynolds , Thomas Williams , Christopher Richards , Joseph Whitcombe , John Lacy , Thomas Morrison , Mathew Gibbons , Samuel Icum , Thomas Davis , Thomas Jones , John Carter , Samuel Freebody , William Pimlot , Sarah Carter, Elizabeth Smith , alias Cave, Thomas Blackman , John Goldsmith , John Hindley , John Quinton , Thomas Colledge , David Lewes , George Hannel , Scipio Africanus, James Smith , William Bruce , John Newett , Robert Withers , James White , Elizabeth Holloway , Peter Ward , John Oakley , Robert Burton , Ann White , George Lane, (Africa.)

To be imprisoned twelve months, 2, viz.

Mary Harris , William Smith .

To be imprisoned six months, 11, viz.

Mary Page , John Iser , Thomas Watson , Joseph Oakes , Ann Jones , Susannah Marney , Sarah White, George Wall, Elizabeth M'Ray, Mary Hannagan , Mary Harrington .

To be imprisoned one month, 3, viz.

Mary Blount , Mary Russell , and Mary Barker .

To be whipped, 5, viz.

John Iser , Thomas Watson , Thomas Spencer, Samuel Bishop , William Smith .


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