Old Bailey Proceedings, 24th October 1787.
Reference Number: 17871024
Reference Number: f17871024-1

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 24th of OCTOBER 1787, and the following Days;

Being the EIGHTH 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 VIII. PART I.

LONDON:

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

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 HEATH , 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.

Charles Flower

Alexander Carter

Alexander Valentine Stirt

Patrick Morgan

Joseph Rhodes

Patrick Ross

Ebenezer Braithwaite

Thomas Stevenson

Samuel Harris

George Payne

Thomas Harriott

Joshua Hill .

First Middlesex Jury.

Thomas Kindleside

James Mann

William Green

Richard Ashelby

James Rutherford

Anthony Strother

Adam Crombie

Thomas Mills

John Shavel

William Young

Robert Musket

James Naish .

Second Middlesex Jury.

William Arnold

Jacob Dinning

Edmund Kitchin

Lacy Punderson

Thomas Machon

Alexander Chambers

Peter Taylor

Barnabas Campbell

Charles Johnson

James Stewart

Richard Welch

George Howell .

Reference Number: t17871024-1

812. RICHARD CARROLL , (a blind boy) was indicted for burglariously and feloniously breaking and entering the dwelling-house of Joseph Short , about the hour of twelve in the night, on the 22d of September last, and burglariously stealing therein one linen shirt, value 4 s. one pair of nankeen

breeches, value 6 d. and one handkerchief, value 12 d. the property of Uriah Monk , in the said dwelling-house .

The Witnesses examined apart.

JOSEPH SHORT sworn.

I found my house was broke open; I was at home fast asleep; it was on the 22d of last month; the property belonged to Uriah Monk , left in my care, he is abroad; I got up at six o'clock, it was twelve at night when I went to bed; there were two rooms on a floor; my house and windows were fast when I went to bed; I nevet saw the prisoner in my life before he came to the mantle-piece, and one of the plates tumbled down, and that awoke me; it was twelve o'clock, I did not see him, but I threw a shoe at him; when I jumped out of bed, I took a poker, and he begged of me not to strike him any more; he said he was a lodger; I took him into custody and he struck me; I called my neighbour Dodd to my assistance, he came with a light; then the prisoner dropped the things, which he had under his arm; the man brought the things for my wife to wash that very same night.

Prisoner. He says he went to bed at twelve, and I disturbed him at twelve.

Prosecutor. It was past twelve.

Prisoner. Now, he says it was past twelve.

JOHN DODD sworn.

I am neighbour to the prosecutor, I was not gone to bed; as nigh as I can guess, it was between twelve and one; I heard a cry of murder, a woman cried that somebody was killing her husband; when I went, the prisoner and the prosecutor were fighting, there was a box broke open, and a shirt and some things were thrown about; the prosecutor accused him of having broke his box open, and stole out a pair of breeches and some things; the box was broke open under the window where the man got in.

ABRAHAM DAWSON sworn.

I am constable; I produce some things which were given to me by the prosecutor; I know nothing of the robbery, the man was in the watch house before I had charge of him; I marked them after I had them given to me, to see that they were the same that were given to me.

Prosecutor. They are the same things, I can swear to them.

Court to Prosecutor. How did this man come into the house? - The window was open, it was fastened the night before, and was secure.

Prisoner. These people used to keep the house and let lodgings, it is a kind of house for two-penny lodgings, and when I had no money, this was a place that was always open, as the neighbours told me; it is a lower place like a kind of shed, and when I had no money, I used to go and lay in there, and when I had money, I paid for my bed; I went to lay there, and this man laid hold of me; I have not got a friend in the world.

Jury to Prosecutor. Do you pay any rent for your place? - Yes; I pay the rent, it is my house.

GUILTY , Death .

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

Reference Number: t17871024-2

813. THOMAS WHITFIELD was indicted for stealing, on the 17th of October , one half guinea, value 10 s. 6 d. the money of Thomas Clay .

The witnesses examined apart.

THOMAS CLAY sworn.

The prisoner and another man came into my shop, I am a vintner , they asked for two glasses of gin and bitters; after they had drank it, the man that was with him asked for change for a guinea; I pulled out of my pocket seven or eight shillings, and half a guinea; I told him I had it not, but the man that was with him said, there is six or seven shillings, that will do, and the half guinea, and I will call again for the remainder; I gave him the six shillings,

and the half guinea into his hand, and Whitfield calling him Johnson, said, that will not do, no more it will says the man, and he told me to fill out two more glasses, for there were two more men at the door, he threw down the silver, and ran away with the half guinea; I went to the door, and said, the man was run away with my half guinea; says the prisoner, he is only gone over to get change for a guinea; I followed the prisoner, and called to my next door neighbour, and told him that three fellows had swindled me out of half a guinea; he told me to send for a constable, and take him into custody.

PRISONER's DEFENCE.

I met the man that I drank with, he was a customer to me when I was a publican; he owed me a triffle of money, four or five shillings; I asked him to pay me, he said if he could get change for a guinea; we went into this gentleman's house, being a wine vault, to drink; and get change for a guinea; the gentleman had not silver enough, and there was a mistake of half a guinea, between the man that drank, and the prosecutor; then I paid for the two glasses, he went out, and sent in another man, I paid for that; in the mean time, the other man went away with the half guinea; I had no connexions at all with the money; I was committed for it, while the other man was gone.

GUILTY .

Transported for seven years .

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

Reference Number: t17871024-3

814. EDWARD FISHER was indicted for burglariously breaking and entering the dwelling-house of George Stewart , about two in the night, on the 14th of September , and burglariously stealing therein, three silver tea-spoons, value 3 s. three silver castor tops, value 9 s. one silver castor handle, value 2 s. 6 d. one linen tablecloth, value 10 s. 6 d. four hundred and eighty halfpence, value 20 s. four hundred and eighty farthings, value 10 s. the property of George Stewart, in the said dwelling-house .

The case opened by Mr. Peatt.

GEORGE STEWART sworn.

I keep the Red Lion in Islington-Road ; the 13th of September last, when I went to bed, I saw my house secure as I usually have done; it was near twelve when I went to bed; on the 14th day in the morning, my maid servant, my house-keeper, and the boy came down, they alarmed me; I came down about half after five in the morning.

Was it light or dark? - It was quite light as possibly could be; I suppose it was light at that time at half after three; I immediately went to the bar and the cellar, to see what had been done there; finding the cellar door wrenched open, there I found my till standing, which contained the silver spoons, half-pence and farthings, and these twenty-four accommodation tickets for Sadler's-Wells; I found nothing but the till, and a flint and steel underneath; the till stood on the head of a small cask; there was nothing at all in it, the window was thrown up, there were marks of violence in the till.

Court. Was the window that was thrown up secure over night? - I made it secure myself, and the bar in the back parlour; I missed three tops of the silver castors, and a handle, and a large buckaback table cloth, a very fine one; I missed nothing else; there were twenty shillings, and upwards in halfpence, and ten shillings and upwards in farthings, and twenty-four tickets for Sadler's-wells; the till was locked; I informed Mr. Lemon the tickets were gone; we found the tickets on the 19th day in the hands of Richard Walwin ; they were the tickets that I lost; I discharged the prisoner from my service, on the 1st of May.

LAWRENCE M'CARTY sworn.

I am a servant to Mr. Stewart; the house was robbed on the 13th of September; I fastened the doors, and the windows; I saw my master fasten the bar window; they were all fastened by me except the bar; the next morning I saw them again, they were all open; I have seen nothing since but the tickets, and them I did not know.

PAUL WALWIN sworn.

I am a pater and grounder of leather; I had one of these tickets sent to me by my brother Richard, a ticket to Sadler's-wells; I can swear to the ticket; when I came there I was detained; I gave them my address; I know that ticket when I see it.

RICHARD WALWIN sworn

I keep a glove shop in Fleet-street; I received three tickets of Mary Saunders , on the 16th, and seventeen of Edward Pugh ; he told me he found them in Islington-fields; I should know them again.

- LOWE sworn.

I am a performer at Sadler's-wells; I left half a dozen pit tickets with Mr. Stewart; they were numbered, but not signed; I only know that they are this year's tickets.

JOHN LEMON sworn.

I am gallery door-keeper at Sadler's-wells; I received a ticket, No. 665, of Mr. Pugh; I had particular notice to stop this number from the prosecutor, in consequence of which, I stopped a ticket, No. 665; I will swear to that ticket; it was a pit ticket, lets two into the gallery; there were likewise half a dozen of my own tickets. (Looks at it.) This is the ticket, I will swear to it.

(The ticket deposed to by the prosecutor, and Paul and Richard Walwin .)

JOHN DINMORE sworn.

I am a constable; I was requested to be close at the door when any of the tickets of this number should come; I was close; I marked it J. D. this is the ticket that was stopped; then we traced it the next morning, and between the bed and the sacking where the prisoner lay, we found this hanger; there were a great number of tickets.

(The ticket shewn to Mr. Lowe.)

This is one of the tickets I uttered at the time.

ROBERT COOPER sworn.

I am watchman of Clerkenwell parish; I was present at the examination before the Magistrate.

Was not it taken in writing? - It was taken in writing, but he refused to sign it.

Was you present when the prisoner was examined? - Yes; the prisoner said to me he got into the house by having lived there, and he knew by shaking the window a nail would drop out, and he got into the house by shaking that place.

Court. Was there any promises made that it should be better for him if he should confess? - No.

Was he threatened at all? - Not at all, I am sure of that; he said when he was before the Magistrates, that the way he got into the house was, he had been servant in the house before, and had fastened the cellar window many times, that he knew by shaking the window, the nail would drop out, and by that means he got in; he was asked then, if he had any other person concerned with him; he said he had not, that if he had, he would not hang another man besides himself.

Was the confession taken in writing? - Yes.

Did he sign it? - He refused signing it.

Why? - I do not know.

Was he asked whether he would sign it before it was taken down, or afterwards? - It was afterwards, and he refused.

To Richard Walwin . I was present at the Magistrates; the prisoner said that he

knew the way of the house by shaking the window, the nail would come out, and afterwards he said, he would not confess to hang another man, he was sufficient to suffer; I heard him say nothing more material, any further than after his confession was taken down, he would not sign it; he said he burnt the table cloth, and the silver he threw into the Thames.

In your hearing or presence, was any thing said to him to induce him to confess? - He had no promises.

Was he threatened at all? - No, he was not.

What was the reason he would not sign it? - I cannot tell.

Paul Walwin . I heard the prisoner say the same as my brother, that he had lived with this Mr. Stewart, and he knew the way of getting into the house by there being a bolt fastened by a nail, and by shaking the bolt, the nail would fall out; when he was asked to sign the confession he would not; he said he burnt the table cloth, and threw the silver into the Thames.

Prisoner. I have nothing to say.

GUILTY. Of stealing the value of 39 s. but not of the burglary .

Transported for seven years .

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

Reference Number: t17871024-4

815. MARY COUCHER , alias MARY CHRISTMAS was indicted for stealing, on the 26th of September last, one silver table spoon, value 12 s. the property of John Hooper .

JOHN HOOPER sworn.

I live in Fetter-lane ; I am a house-keeper; I lost a silver table spoon, on the 26th of September last; the prisoner came a servant to our house; the day before he left our service, about six in the evening, under pretence of a better place procured by her mother; about eight when we went to supper, Mr. Parker, a pawnbroker in Princes-street, brought me one of my spoons; I knew it immediately; I produced three or four of the same sort; it was marked I. H. after Mr. Parker brought it, we examined, and found one deficient.

Mr. Knowlys, Prisoner's Counsel. I take it for granted, your wife has the chief case of your plate and china? - Yes, she has.

THOMAS PARKER sworn.

On the 26th of September, the prisoner came to me with a table spoon; I never saw her before, she laid it on the compter; I asked her what she wanted; she said to pawn it for four shillings; I thought it was very little to ask on a table spoon, and it gave me some reason to suspect it was not her own; I asked whose it was; she said is was her father's; I asked her where he lived; she said in Shoe-lane, a plaisterer; I told the boy to go and see if it was so; she said she would go with him; she continued fighting, I would not let her go; she continued crying out murder for a quarter of an hour, and raised above an hundred people, and I sent for an officer, and took her into the parlour, and asked her where she got the table-spoon, and told her she should not go off; she said she had taken it from Mr. Hooper's, with whom she lived servant; I asked her where Mr. Hooper lived; she said in Fetter-lane; accordingly I sent to him, I did not know where he lived but from her; the spoon is here.

(Produced and deposed to.)

Mr. Knowlys. Have you kept it all the time yourself? - It has been in the house ever since; I kept it in my hand till I parted with it; then I put a mark upon it, the letter T.

The prisoner called one witness to her character.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17871024-5

816. GEORGE ROBERTS and ROBERT HARVEY were indicted for feloniously assaulting Benjamin Morgan , on the King's highway, on the 18th of September last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one guinea, value 1 l. 1 s. and four shillings in monies numbered, his property .

BENJAMIN MORGAN sworn.

I had been at the Green-man, on Finchley-common , about seven, or rather before in the evening, the 18th of September last, with my wife, and my son, aged fourteen, and a little daughter, about seven years old, in a single horse chaise; just on this side of the Three Horse-shoes, which was a public house on the common, but is shut up, I believe; at the rising of the hill, we were surrounded by three men; I had a few fish in my handkerchief; one seized the horse's head, which was Roberts; the other went round to my wife, and the third stood at my breast, but he was so muffled round his face, I cannot know him; I was stoping at the same time, and heard somebody cry stop, stop, stop; I cried what, what, what, when I saw the pistol at my breast; I understood what they meant; I put my hand in my pocket, and gave them a guinea, and four, five, or six shillings.

How long was this happening to you? - But a very triffle of time, not half five minutes.

Were you a good deal alarmed at this time? - Yes, my child was crying and screaming; I must be sadly frightened no doubt, when the chap was threatening to pull her out of the chaise; it was just on dusk, but it was plain enough to distinguish one person from another; I know the prisoner Roberts to be the person that robbed me; he stood at the horse's head the whole time; I took particular notice both of his coat, and his face, I believe it was the same coat he he has on now; it was much the same colour; I saw the prisoner again in about an hour; he was in custody when I came to Highgate; immediately after they had got the money, they desired me to drive on, but the horse rather run back; says they, do not you presume to look back, for if you do you are a dead man; I touched the horse with the whip, and he ran back; says I, gentleman, I will be much obliged to you to take hold of the horse, and lead him on; Roberts did so, and they went back from London after the robbery; I came to town; I first saw the prisoner at the Bull, at Highgate; they were both in custody; I was immediately asked what money I lost; I described a new guinea of the year 1777, and some shillings, and they were searched, and on Roberts was found just such a guinea, and three or four shillings; I had only that guinea about me; I am sure of Roberts; I cannot presume to say that the other was the man that took the money from me.

Mr. Garrow, Prisoner's Counsel. You had been at Tarling's? - Yes.

That is farther on than the Horseshoes? - Yes.

It was about seven, and getting dusk; you had never seen any of the people before, and very much alarmed for your little girl? - Yes, I dot not know I ever was at Finchley above twice in my life.

Prisoner Roberts. Did not you look at my guinea that I pulled out of my pocket, before you described the date of that you had lost? - I might turn over his guinea, but before I saw it, I said the date that was upon it.

MARTHA MORGAN sworn.

I was in the chaise with my husband; the men stopped us on Finchley common, and they demanded my money, but I cannot say I know any thing of the men.

THOMAS MORGAN sworn.

I am turned of fourteen; I was with my father when he was stopped; I took notice of Roberts; I know it was him, because he had a red coat on; that is all the reason; he was at the horse's head, and I could not see his face.

WILLIAM HARRIS sworn.

I am a post-boy; I lived with Mr. Connor, at the Mitre, at Barnet; me and my fellow servants were ot the door; I had been up the town with a gentleman's carriage; we met some of Mr. Burton's lads, and come home together from London; when we got to the Bald-face-stag, at this end of Finchley common, the alarm was given out that this said Mr. Morgan had been robbed; we immediately turned back, and pursued after a coach in which it was supposed the highwaymen were; the alarm was given out that they were gone off in a coach; we came up to the coach just by the pound, near to the Bull, at Highgate; I saw a person depart from the coach, which was the prisoner Roberts; whether he got off the box, or out of the coach, I cannot say; he got off, and attempted to make away towards the woods; he walked off to the wood behind, I laid hold of his collar; he was taken to the Bull, at Highgate; and the coachman immediately drove off; that is the prisoner Harvey; I got my horse, and followed the coach, and took him on this side the chapel; he had the near side door open, and the step down; I immediately made him turn back again to the Bull, where we left the prisoner Roberts.

Court to Prosecutor. At what rate did you drive to Highgate? - We drove as fast as we could; we stopped at the Bald-face-stag, and met these post-boys.

How long was it after you was robbed before you saw the prisoners? - An hour and a half; we went back to Tarling's again.

BENJAMIN COOM sworn.

I was in company with Harris; as we were coming from Highgate, we met this coach going as hard as ever it could, and we stopped the coachman; as we got up just against the town, this George Roberts jumped of the coach, and went to make to the wood; I jumped off the horse, and said, gently young man, that is not the way for you, this is the way for you; I was in the room when he was searched.

WILLIAM SIMMS sworn.

I live at Highgate; I was at the Bull after the two prisoners were brought into the room; I searched them; I found one guinea, two shillings, and a sixpence, and two knives, one on each prisoner; I found no arms at all; I searched the coach, and found nothing at all; this guinea has been in my possession ever since.

(The guinea shewn to the prosecutor).

Prosecutor. It is one of the same date, and impression, but there is no particular mark upon it; I cannot presume to say that is the guinea.

Simms. This was found on Roberts; I found nothing on Harvey, but some silver, and a knife.

JAMES HALL sworn.

I saw some men come from a coach, about two hundred yards from the Bald-face-stag, and go and stop Mr. Morgan's chaise; I saw only two men; It was about a hundred yards from the Stag, as near as I can guess; after they stopped the chaise, they went to the coach again, and the coachman drove off as fast as he could drive; I followed them right round by Finchley church, it is about three miles round; and just as I got up to Highgate, these lads took them.

Mr. Garrow. What are you? - I am a labouring man; I did live with Mr. Bagley at Highgate; I am out of place now, and have been out of place about five weeks; I believe I was out of place at the time this happened; I worked for Mr. Bagley last, at Highgate; I followed them right round there.

Why did not you give any alarm round there? - I gave the alarm all round Finchley, there was not a creature came out.

What might you be doing thereabouts? - I had been at East Barnet about buying some pigs? - I take it, that the Horse Shoes, is about a quarter of a mile from the Bald-face-stag? - More than that now, between

the Bald-face Stag, and the Horse-shoes; there is a hill, they were not on the hill.

If a man stands at the Bald-face Stag, can he possibly see what was done at the Horse-shoes? - That is impossible.

So, that if a chaise was coming up the hill by the Three Horse-shoes, a man standing by this six mile stone could not see what passed? - It was but the half way.

You know the hand-post that goes off to the Hog-Market? - I cannot say I do; I have been a labourer about two years.

Do you know the road that goes to the Hog-Market? - Yes.

One road goes by the Bald-face Stag? - Yes.

Where was you when you saw this? - I was about, may-be four hundred yards from the Bald-face Stag.

How far was it from where the coach stopped, that the chaise was stopped? - it might be five hundred, or six hundred yards, or more.

Upon your oath, can any man alive see from the distance of five or six hundred yards, on from the Bald-face Stag? - I was about the middle of the road.

Will you swear, that a man standing in the middle way between the Three Horseshoes and the Bald-face Stag, can see to the hill; suppose a man was in the middle, between the Bald-face Stag and the Three Horse-shoes, can he see any thing that passes upon the hill that comes up from the Horse-shoes toward London? - What I saw I can swear to.

It is a quarter of a mile? - It may be half a mile from the Three Horse-shoes, to the Bald-face Stag; I did not mark the ground.

Prosecutor. I was stopped on the rise of the hill, some distance from the Horseshoes.

Court to Hall. Was the coach out of your sight? - Yes; I suppose it was ten minutes or a quarter of an hour, before I met the boys.

Prisoner Roberts. I refer it entirely to the Court; the principle witness I should have called, is at the point of death, which Mr. Sims can testify, he saw the people come by at the time the robbery was committed, and he said at Highgate to Mr. Morgan; why, you are swearing false!

Mr. Garrow to Sims. Did you hear that? - I did not.

You know that Becket is ill? - Yes, he is unable to attend, he was sent for as an officer, he came down to the Office; he said, he saw some suspicious persons along with Hall; Beckett was in company with Hall, they had been together.

Prisoner Harvey. I leave my defence to my counsel; I am very innocent of the affair.

MARY COLSON sworn.

I am a coach mistress; I live in Turnmill-street; the prisoner Harvey drove for me a figure coach, about a year and a half, an exceeding good character, with respect to his horses, and in every other respect, a very honest good character as ever I heard of in my life; I never to my knowledge since I have known him, heard of his being in any scrape.

Court. Did he drive your coach this Sunday? - He was out that day; I do not know that was my coach, my coach was detained.

GEORGE ROBERTS , GUILTY , Death .

ROBERT HARVEY , NOT GUILTY .

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

Reference Number: t17871024-6

817. The said ROBERT HARVEY was again indicted, for feloniously assaulting Martha, the wife of Benjamin Morgan , on the 18th of September last, on the king's highway, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, twelve halfpence, value 6 d. the property of the said Benjamin .

There being no further evidence the prisoner was ACQUITTED .

Reference Number: t17871024-7

818. WILLIAM WALTON was indicted for stealing, on the 14th of September last, two silk gowns, value 40 s. one cotton gown, value 5 s. one linen ditto, value 5 s. one silk cloak, value 10 s. one child's dimity robe, value 1 s. the property of James Reycroft in his dwelling-house .

JAMES REYCROFT sworn.

The prisoner came to our house on the 25th of last month as a gentleman's servant out of place, he only lodged there three nights; the night he did not come home, we missed the things; he told us, he was going to Astley's, and should not come home, but he always left the key of his lodging before; that night he took it, we missed the things mentioned in the indictment.

MARY REYCROFT sworn.

The prisoner came to lodge as a young man out of place; on the night he went away, he said, I am going to Hughes's to see the performance; I have an acquaintance I shall sleep with, I shall not return till the morning; I gave him the key of the door to take what he wanted, he did not bring the key back again, which he always did before; I had to make his bed, his not bringing the key, I had a suspicion there was something amiss; that night I went up stairs, and knocked at the door, and the lodgers in the next room, said, they believed he was gone to bed; I did not know he was gone out, because he had not brought me the key; I had not made the bed that day before; I had no opportunity before six in the evening, when my husband came home, that is the time I always go up to make the bed; I missed out of the room, four gowns, a blue silk for one.

How came they to be in his room? - They were in a box standing in the room, there were several boxes standing one upon another, the box was locked to the best of my knowledge; when I went in that night it was open; I also missed the child's robe, there were two silk gowns, a cotton gown, a linen gown, and a black silk gown trimmed with love, they were all in the same box; we sat up all night, thinking he might come back; the next morning about seven, or half after, he came back; when he came in, he said, good morning to you; I said, good morning to you, how did you like the performance at Astley's? very well, he said, I have taken the key of the door by mistake; I said, it was all very well; then he said, the passage door was fast, I cannot get through; I told him, he might go through the parlour, which he did, and I followed him up stairs; when I came into the room, he was standing at the window, untying a handkerchief with dirty linen; I said, I am come to take something out of one of these large boxes; I listed off one of the boxes for that purpose, and I lifted up the lid of the box, and I said; mercy! here is my box open'd, and my clothes gone; I knew that before; then I took hold of him by the collar, thus, and taxed him with them, and he immediately said; do not make any hurry, and I will bring you your things again; then a neighbour, Samuel Pace , came up to my assistance, and I gave him to him, my husband was gone out to work; he was taken to the watch-house; he said, he took the clothes; he said nothing more to me; he said, that I should have my clothes again, but I never got any of them.

WILLIAM ALDRIDGF sworn.

I live with Mr. John Lane, in Drury-lane; I took in a silk gown for 15 s. on the 25th day of September last, about eight in the evening; he said, it was his wife's; he pledged it in the name of Walton; I am positive he was the man that pledged it; I never saw him before, but I took very particular notice of him; I took nothing else of him; this is the same gown, I have had it ever since the constable came with some duplicates and found it.

JOHN LIGHTFOOT sworn.

I have a gown pledged with me for 6 s. on the 25th of September, between six and

seven in the evening; I am positive it was pledged by the prisoner; I never saw him before; I was very inquisitive with him, whose gown it was, he said it was his spouse's gown; it is a cotton gown.

WILLIAM CARTER sworn.

The prisoner brought this linen gown and robe to pledge with me, on the 25th of September, about eight in the evening, for 5 s. I am sure the prisoner was the man that pledged it; he said, it was his wife's, and he should want it in the morning.

JOHN WATTS sworn.

I produced a gown, which I received of the prisoner, on the 25th of September, about seven in the evening; he pledged it as his wife's, I had known him before.

Has he a wife? - I do not know that.

CHARLES WYWILL sworn.

This cloak I received, on the 25th of September by the prisoner; our shopman took it in about eight o'clock, for 7 s. 6 d. I was present; he said, it was his wife's, and that he had often pawn'd it for half a guinea.

(The things deposed to.)

SAMUEL PACE sworn.

On the 25th of September, about eight o'clock, Mrs. Reycroft came over to my house, and I went with her, and saw the chest was broke open, and the screws drawn out; she missed all her things; there was a bundle of the prisoner's things; the next morning she called me again, the prisoner was there; I said, young man, how come you to break this womans' box open and take her property away; says he, I did not do any such thing; I laid hold of him by the collar; says I, give me the duplicates, or else tell me where you have pawned them, or I will take you to Newgate; with that, he pulled out these duplicates, by means of which, the things were found.

Court to prosecutor. What is the value of these things? - I value them at 30 s.

Prisoner. I told her I was willing to return the things, and would make any satisfaction, and would never do any such thing again; I am very willing to go on board a man of war.

GUILTY. Of stealing to the value of 30 s .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-8

819. SAMUEL ROBERT BARNES was indicted for feloniously assaulting James Burke , Esq ; on the king's highway on the 10th of September last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, against his will, one silk purse, value 2 d. six guineas, value 6 l. 6 s. and 13 s. in money, his property .

JAMES BURKE Esq; sworn.

On the 10th of September last, I went to the Royalty Theatre ; when I got into the house, I found I had lost my purse; I had it before I went into the house, for after dinner I changed my money; I put some money loose into my pocket, and some in my purse; I missed my purse in the gallery; when I came out of the house, I heard there was a man in custody, and the next morning, I went to the Rotation Office in East-Smithfield; I found the prisoner in custody at the Rotation Office, and I found my purse in possession of an officer; I was sure the purse was mine, because there were two remarkable pieces of silver, wrapped up in a piece of paper, one with a cross, and an X upon it; it is a blue purse, and as like mine as can be, I believe it to be mine, there was beside in the purse, a six-pence, of the coinage of William the III. 1689, and there is a mark upon it, as if the point of a penknife

had gone through the 6 d. these two pieces were in my purse, with the other money.

Do you recollect having seen the prisoner? - No.

Mr. Garrow, prisoner's counsel. I believe this was the night of Mr. Palmer's benefit? - Yes.

There were a great number of people there? - Yes.

You did not perceive you had lost your purse? - No, I did not.

PETER MAYNE sworn.

I am an officer; I apprehended the prisoner; I carried him to the Rotation-Office, and searched him, and found upon him, this purse; (producing a purse,) this purse I took at the Theatre from him; I saw the prisoner, and five or six more very busy there; I took particular notice of the prisoner, and presently, I saw the prisoner draw his hand, and I saw him very busy shoving about with some more with him; I laid hold of him, and took this purse from him with the assistance of the officer; the purse has been in my possession ever since, and the same things in it.

Mr. Garrow. What pocket was the purse in? - I took it out of his right hand coat pocket; I saw the purse in his hand, and I laid hold of him by his arm.

Do you mean to swear that? - I mean to swear it; he called me a rascal.

(The things produced and deposed to.)

Prisoner. I am totally innocent of the matter.

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

Court. As to the charge of a highway robbery, there is no pretence for it; the whole consideration is, whether or not he is guilty of the simple larceny.

GUILTY. Of the larceny .

Transported for seven years .

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

Reference Number: t17871024-9

820. SAMUEL MAYNARD was indicted for burglariously breaking and entering the dwelling-house of John Pool , about one in the night, on the 25th of September last, and stealing therein two pieces of pork, weight about eleven pounds, value 5 s. one pig's foot, value 3 d. an iron shovel, value 2 s. the property of John Pool , in the said dwelling-house .

The witnesses examined apart.

JOHN POOLE sworn.

I keep an eating-house in the Broad-way; Westminster ; I rent the house of one Captain Serjeant, at this place where the things were taken from; I rent them two rooms of Mr. Thomas Cole ; I went out between ten and half after; I saw every thing safe; I returned immediately and went to bed; I went out the next morning about half after five, and when I came down stairs, the door of my apartments that I rent of Thomas Cole , was broke open; I missed two pieces of pork, one pig's foot, and an iron kitchen shovel; I saw the prisoner that night by our door with several more; the pork I valued at 5 s. the pig's foot 2 d. and the shovel 2 s. I never saw it afterwards till I was asked if I had lost any thing, then I saw the shovel, it is here and produced by Acton, (deposed to.)

- ACTON sworn.

I am one of the beadles of St. Martin's parish; about two o'clock in the morning, Curtis brought this shovel into the watch-house, with some pork, it has been in my possession ever since.

- CURTIS sworn.

I am a watchman, I gave this shovel to Acton; it was dropped in the Ambury with this pork; the prisoner lives in the Broadway, about half a furlong; it was dropped by the prisoner at the bar; he passed me with this poker and shovel under his arm; it was the same night the prosecutor's

room was broke open; I knew the prisoner before, (the things deposed to.)

Prisoner. I know nothing of it.

GUILTY OF STEALING ONLY .

Transported for seven years .

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

Reference Number: t17871024-10

821. ELIZABETH IVEMAY was indicted for feloniously stealing, on the 5th of October , one Mocoa snuff-box set in gold, value 21 s. a silver smelling-bottle, value 12 d. a silver filagree box, value 18 d. a silver pencil, value 6 d. a child's silver tea-cannister, value 12 d. a child's etwee-case, value 12 d. a small gold pencil, value 12 d. three odd pieces of silver, value 12 d. one miniature picture set in silver, value 10 s. one other miniature picture, value 2 s. one pair of polished steel shoe-buckles, value 2 s. a pair of paste ear-rings, set in silver, value 2 s. a pair of yellow stone ditto, value 2 s. a woman's steel watch-chain, value 6 d. a box, value 6 d. a plain gold ring, value 2 s. a japanned patch-box, value 6 d. a smelling-bottle, value 2 d. one copper medal, value 2 d. a toothbrush, value 1 d. a locket, value 12 d. one other woman's chain, value 12 d. a padlock, value 12 d. a key, value 1 d. four japanned boxes, value 12 d. one case, with an Indian figure, value 2 s. two other odd India figures, value 2 d. two amber boxes, value 3 s. one child's tin chest, value 1 d. an ivory tooth-pick case, value 1 d. an ivory picture, value 6 d. one other picture, set in silver, value 12 d. one other watch-chain, value 1 d. one painted wooden box, value 6 d. one pair of red stone ear-rings set in gold, value 2 s. a silver pocket-book and lock, value 4 d, a key, value 12 d. a piece of small foreign coin, value 6 d. a small ditto, value 1 d. two silver three-pences, value 6 d. the property of Gertrude Mary Thomas , spinster , one silver watch, value 20 s. one silver taper-stand, value 2 s. the property of John Thomas , Esq ; in his dwelling-house .

CHARLES NASSAU THOMAS sworn.

On the 5th of October, I was at Hampton-Court Wick; this house in Charles-street, Berkley-square is my father John Thomas 's, and he let it to Lord Cathcart, on the 5th of October; when this robbery was committed, Colonel Cathcart inhabited it; I saw these things at a silversmith's; I knew them to be my father's and sister's; it was a ready furnished house, there was a garret kept in reserve for my father's goods, and the door was locked.

ELIZABETH BATCHELLOR sworn.

I was housekeeper in Colonel Cathcart's family; I know the prisoner, she was house-maid there; it was a ready furnished house; I knew nothing of the things till the silversmith came to our house; they were kept in a room locked up; General Thomas kept the key; the girl behaved very sober and industrious while she was with us.

Court to Mr. Thomas. Do you know any thing of these things being lost? - As soon as I saw the things, I knew from whence they came; I saw them in the boxes, and put into the garret; and I have since found every box and trunk broke open, and every thing turned inside out.

THOMAS MILLER sworn.

I am servant to Jonathan Hartland , No. 110, in Oxford-street; the prisoner brought some things to sell; the small silver things she said were given her when a child, the other box was given her by her brother who is dead; they have been in my possession ever since; I never saw the prisoner before; I stopped the articles and went to the house where she lived servant.

(The things deposed to by Mr. and Miss Thomas)

Mr. Schoen, prisoner's Counsel. How long before this thing happened were these things left in the honse? - I suppose not less than three years.

You have not seen them for that time? - No.

CHARLES JEALOUS sworn.

Produces a silver watch which could not be deposed to; but produced two miniature pictures and a child's silver candlestick which were deposed to.

Prisoner. I have nothing to say.

GUILTY, Of Stealing, but not in the dwelling-house .

Transported for seven years .

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

Reference Number: t17871024-11

822. JANE NOBODY was indicted for stealing, on the 25th of September , one wooden washing-tub, value 1 s. a pail, value 1 s. the property of Thomas Pridden , one earthen pan, value 2 d. four pounds weight of drugs, value 3 s. the property of Joseph Hart .

Mrs. PRIDDEN sworn.

My husband is a porter ; I missed the things in the indictment; I live in Mr. Hart's house, and I have the use of the cellars; I lost the things on the 24th, I saw them at Guildhall on the 25th, I know the washing-tub by a little notch at the bottom; I believe the pail to be mine.

MARY ANN HART sworn.

I lost the things that were mine at the same time; this pan was within side of the pail, and the drugs in it, and the pail within side the tub; I know the tub, I had just put it into the cellar; there are some papers sticking on some of the cakes of the drugs; I make Scotch pills of the drugs for Mr. Stock on Ludgate-hill.

PRISONER's DEFENCE.

I live on Tower-hill; and coming to Fleet-street, I met with a woman I knew, she said her husband had been ill-using her, and she was going to fetch away her things, and she went into this house and brought those things out, and desired me to carry them for her.

GUILTY .

Imprisoned six months .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17871024-12

823. WILLIAM CROZIER COOKE was indicted for stealing, on the 11th of September last, five tame rabbits, value 5 s. and three pounds and two ounces of iron nails, value 6 d. the property of William Waller .

WILLIAM WALLER sworn.

I live at Islington ; on the 11th of this month I was robbed of my rabbits, and some nails which are here; about six in the morning I got up, and observed my windows broke in the front four panes, and five of the hatches were open, and the rabbits gone as I thought, but we found them afterwards in a bag in the place; the bag was on the bench, just going in at the door; I was speaking to my man, and the prisoner jumped out of the place; my man ran after him, and caught him; the prisoner had been with me before, under a pretence of buying rabbits; I said, oh, you rogue! is this coming to buy rabbits? I do not know whether he said any thing to me; I took three pounds and a half of nails out of the prisoner's pocket, and four picklock keys.

ABRAHAM HALL sworn.

Confirmed the above.

Prosecutor. I am sure of the rabbits; one of them had six young ones.

PRISONER's DEFENCE.

I was coming by this gentleman's garden; I rather stretched over the rails, and my hat dropped off; I went over for my

hat, and they cried out stop thief, and they stopped me.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17871024-13

824. WILLIAM EMMOTT and JOHN MACKEY were indicted for stealing, on the 24th of September last, five yards of linsey; value 2 s. and one yard of plain serge, value 6 d. the property of John Bailey .

JOHN BAILEY sworn.

On the 24th of September last, the two prisoners, and another man came into my shop, in White-horse-yard , under pretence of looking at some fancy waistcoats; I shewed them several patterns; they did not fix upon any of them; then they asked for patterns, I gave them some; Emmott said his brother was come from sea; they all three went out together; I was putting by the pieces, and heard whispering under the window, and a knock came a second time at the door, and in about three minutes the prisoner Emmott, and the other man came in, and Emmott asked to buy a halfpenny worth of taylors needles; I saw Mackey at the door at that time; he stood at the door, and kept it open; it is a rule with me to keep the door shut; Emmott came in for the needles, and the other man asked for a halfpenny worth; I believe another man came in, and while I was serving them; I missed a parcel of woollen serge; my wife picked up a bundle of cloth from the ground; I took the candle, and went round the counter, and missed the bundle immediately; it was remnants of linsey and serge; I went to Bedfordbury, and found the same three men that were in my shop all standing together, the corner of Turner's-court; one man walked off as soon as he saw us; I saw the prisoner Mackey, with a large bundle under his arm; I immediately charged him, and I made a catch at it; he gave it a jerk, and catched it out of my hand, and left Emmott in charge of Mr. Hattersley, whom I took with me; I run after Mackey; Emmott ran down Turner's-court, which leads into St. Martin's-lane; he never was out of my sight till he was stopped; he dropped the bundle; I did not examine what was in it.

Mr. Garrow. Do not you know it contained shirts? - No, Sir, there was nothing found in it; he had the bundle when he was taken.

- HATTERSLEY sworn.

I assisted in taking the prisoner.

LEWIS JAMES sworn.

Mr. Bailey said it was his property, which I gave to him, this was in the space of seven minutes or less; I am sure I saw him drop the bundle; and I picked up a piece of red and white striped linsey which is here.

(Produced and deposed to.)

Mr. Garrow. How far is Bedfordbury. from your shop? - About a quarter of a mile.

Prisoner Emmott. I leave it to my counsel.

Prisoner Mackey. I met my fellow prisoner in White-horse-yard; he asked me to partake of a pot of porter, which I accepted; he said he was going to Mr. Bailey's shop to look at some pattern waistcoats; I had a shirt in this handkerchief, and went with him; Mr. Bailey gave him some patterns; we came out, he went back for some needles; I waited for him; then we came up White-horse-yard, into Bedfordbury; we were consulting to have a pot of beer, and Mr. Bailey came up.

Court to Lewis. Are you quite sure you saw Mackey drop this piece? - Quite sure.

Who was with him at the time? - Mr. Bailey had hold of his arm; I did not see any body else have hold of him; there was a mob of people after them; there was

another person who saw; him drop it; he said he lived in Villar's-street, York-buildings, and the next morning there was no such person to be found.

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

BOTH GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-14

825. THOMAS WILLIAMS and JOHN CARROLL were indicted for stealing, on the 17th of October , one pair of silver shoe buckles, value 5 s. two other silver shoe buckles, value 5 s. the property of Ann Harding , widow , Mary Ann Harding , spinister , Ann Harding , spinister , and Elizabeth Harding , spinister .

MARY ANN HARDING , spinister sworn.

I am a goldsmith ; my mother and two sisters are my partners; I live at No. 43, in the Minories ; on Wednesday, the 17th of October, as we were at breakfast, between nine and ten, in the back parlour, we received an alarm that the shew glass was cut; there was a cry of stop thief; when I examined the glass, I found there was one pair of silver shoe-buckles, and two odd silver shoe buckles taken out; they were brought back by a neighbour, Mr. Taylor; they were the two odd buckles; my brother has had them in his possession ever since till this time. (The pair of buckles, and two odd buckles produced.) I do not know who brought the pair of buckles.

How do you know these odd buckles? - Here are the fellows to them.

How do you know the pair? - Because we had two pair of them, and here is the other pair; we had but two pair of that pattern.

MATTHEW HAZELL sworn.

I am a watchman in Whitechapel parish; I was coming along with a quarter of beef on my back, and I saw three boys hovering about the silversmith's shop; I went and left my beef, and came back, and there were several people assembled about the door; the one that made his escape, cut the glass with a diamond, and the other two, the prisoners at the bar, shoved in the glass with their hands, and went away; then they returned, and put their hands in, and took out these buckles; I saw Williams and Carroll have buckles in each of their hands, but could not tell what quantity they had; I and another person called out stop thief! and pursued them down Swan-street, and they were stopped by a gentleman; then we took them, and brought them to Mrs. Harding's.

JOHN LAMBERT sworn.

I am a glazier; I saw the prisoners run down Swan-street, and Carroll threw his shoes off; I suspected him to be the thief; I took him, and found a pair of shoe buckles under his left arm, and I gave them to Mr. Harding, brother to Miss Harding.

- COLLINS sworn.

I am a porter; I was coming down the Minories, and saw a boy cutting the shew glass; I went in, and informed Mr. Harding that the glass was cut; immediately the cry of stop thief was heard, and before I got up to them, they were taken.

Mr. HARDING sworn.

Upon the information of the last witness, I went out, and pursued the two prisoners, but before I could get to them, they were taken, and brought back to my sister's shop; Mr. Taylor went to Mr. Young's, and begged he would give him those buckles, that were thrown down in his area by the prisoner Carroll.

Court to Hazell. Did both the prisoners run one way? - Yes, for some distance; Williams and Carroll passed by Mr. Young's

house, and somebody saw the buckles in Mr. Young's area.

THOMAS WILLIAMS 's DEFENCE.

I was in the minories, and heard the cry of stop thief, and a man caught hold of me, and then he took hold of another boy, and then he said I was the thief, and he took me.

JOHN CARROLL 's DEFENCE.

I was going down the Minories; I heard the cry of stop, and going to see what was the matter, I picked up a pair of silver buckles, and I put them under my coat, which being too big, they fell down my arm, and a man came and took me.

ANN FURGUSON sworn.

I have known Williams a year and a half; I live in White's-alley, Coleman-street; his mother lived at my house.

What business is he? - His father is a carpenter; he worked with his father a little, but did not like the business, and has lately strolled about the town, but I never heard any harm of him till now; I am a washerwoman, have entrusted him to carry out linen for me several times; he never robbed me of any thing, as far as I know him, he was always an honest boy.

BOTH GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. ROSE.

Reference Number: t17871024-15

826. ELIZABETH STEEL was indicted for stealing, on the 22d day of January last, one watch inside and outside case, made of silver, value 30 s. the property of George Childs .

Owen to prisoner. Are you guilty, or not Guilty.

Prisoner. You know I cannot hear.

Court to prisoner. Your case has been considered by all the Judges, and they are of opinion that even if you cannot hear, you ought to be tried; therefore it is my duty to tell you (on a supposition that you can hear) that it will be in vain for you to pretend to be deaf, because you will only lose the opportunity of asking proper questions, but it will not prevent your trial coming on, for I shall certainly try you, whether you can hear or no.

(The Jury sworn.)

"You shall well and truly try, whether

" Elizabeth Steel the prisoner, stands

"mute through wilfulness and obstinacy,

"or by the visitation of God, and a true

"verdict give according to the best of

"your understanding, so help you God."

JOHN MILLS sworn on the voire dire.

I am a shoemaker, I have known the prisoner by sight, three or four years, to the best of my knowledge; I cannot tell in what particular way of life she has been; I have seen her about Chick-lane and at that part of the town, I never had any particular conversation with her.

Do you know whether she is deaf or no?

I really cannot tell; I have talked to her, but I know one time of day she could hear as well as another person, she has answered me half a year ago, I do not remember the month, it was when she was at large.

Was it in the course of this year? - I cannot bring it to memory; I have been with her in goal; she asked me questions, and I answered her, but I do not recollect she gave me answers to what I told her; she said she was very glad I was not at the Old Bailey, when she was arraigned at the bar; I told her I had no business there, whether she heard me or no, I cannot say; she asked me who the woman belonged to that attended the Old Bailey every sessions, and I told her it was my brother's wife; I was once in the chapel in Newgate, two or three months ago, and she saw me there, and called me, and asked me to come down to speak to her at the gate, and I came, and she told me she was done for seven years, but she thought she should

never go abroad; so I gave her a penny, and came away.

Court to Prisoner. Now woman, you have heard what this man has said; the consequence of it will be, if you persist in standing mute, you will be convicted? - (Noreply.)

JOHN PRICE sworn.

I have known the prisoner seven years.

Has she been deaf during that time? - I cannot tell, for all the time of last June, I had a conversation with her; I recollect she asked me particularly how an acquaintance of my mine did, and I told her he was was very well; I made her understand me by speaking to her pretty loud, louder than usual.

Was she any way deaf before she was committed? - Never that I know of.

Court to Owen. Speak very loud to her, and ask her if she can hear you speak? - She says she cannot hear a word that I say.

JOHN PORTER sworn.

I never saw the prisoner but once; I went with Mr. Mills to see her in Newgate once; she was called down, and when she came down, Mr. Mills asked her how she did; she shook her head; then he said, I was here last sessions, Betty; there was no more said for a good while; I stood in the street, on the right hand, she did not see me; when he spoke, she bowed, but she never spoke; she gave a sign that she understood him; I heard her say to Mills, she was very glad that he was not at the Old Bailey when she was arraigned; she never answered him.

Mr. Akarman. I have heard her speak, but I never could make it out that she heard.

Jury. We do no doubt her speaking, we doubt her hearing.

The Jury gave their verdict, mute by the visitation of God.

The prisoner was then charged on her trial.

The Jury sworn in chief in this tried

CEORGE CHILDS sworn.

(He is very deaf.)

Court. What have you to charge the prisoner with? - The prisoner took and pulled my watch out of my pocket.

Where were you going? - It was in a house leading into Black boy-alley; she took me to one house, then to another, up one pair of stairs there, she pulled my watch out of my pocket.

What are you by trade? - A boot-closer .

What o'clock was it? - Between nine and ten in the evening; I pulled out my watch, she said, d - n my eyes, I will have it; I went along with that man there. (N. B. Mills, who gave evidence about her deafness.)

Did any conversation pass between you and the prisoner? - I did not want this woman, it was the other woman I wanted; there was another woman and Mills.

In what manner was it taken? - She thrust her hand into my breeches pocket, where I had a shilling and two sixpences, I endeavoured to prevent her; then she snatched my watch out, and ran out of the room and ran off; she went out of another door, I went after her with that man, and asked him where she was gone; I saw her about an hour after, about eleven in Catharine-wheel alley.

Are you sure she is the woman? - Yes.

Did you find your watch? - I never saw the watch since; it was a silver watch, No. III.

Did you charge her with taking your watch? - Yes.

What did she say? - Nothing at all.

Had you any conversation with her in the room? - No.

JOHN MILLS sworn.

This man and I went into a public house, and there were two women; we all went together to this room; as soon as we came there, George Childs pulled out sixpence;

I came down stairs, and left them in the room; I gave the woman a shilling to fetch some gin; as soon as I gave her the shilling she went; I heard a terrible uproar, and Childs ran down with his mouth all over blood; says I, what is the matter? says he, b - st me, she has my watch; I went to the door to secure the watch, to take care of her; and with that, you see, he ran down, and said she was gone, and at the foot of the passage we saw another way out; we went after her, and saw nothing of her; he went to search for her; I waited at a public-house for his return, and fell asleep, and somebody waked me, and I came home.

GUILTY

Transported for seven years .

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

Reference Number: t17871024-16

827. MICHAEL LEARY was indicted for stealing, on the 16th of September last, four yards three quarters of linen cloth, value 5 s. two cotton handkerchiefs, value 1 s. the property of Sarah Busher ; spinster .

SARAH BUSHER sworn.

I live in Webb's square, Shoreditch ; between two and three o'clock on the 16th of September, I met the prisoner on the stairs; I seized him by the collar, and shook a remnant of yard-wide Irish from him; my father assisted me; I live in the house with my father; it is my property; it was in a box of mine up in a two pair of stairs room; I saw it in my box that morning; he said, he met a woman on the stairs with a bundle, and he supposed that she had dropped it, and he took it up; he said he came to a person; we had no soul in the house but ourselves; he had no business there; these things are mine; I have no doubt about it.

PRISONER's DEFENCE.

I went up to this woman's apartment to enquire for a person; I met a woman coming down; she had a bundle, and she dropped that piece of linen; I took it up and knocked at the door, and there was nobody in the room; she had it under her left arm; it was concealed, only I saw something.

GUILTY .

Whipped .

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

Reference Number: t17871024-17

828. JOSEPH HATCH and JAMES SMITH were indicted for stealing, on the 24th of September last, eight pair of leather shoes, value 20 s. the property of Ambrose Smith .

JAMES PALMER sworn.

I produce the shoes; I saw the prisoners both standing at the door together, and I saw one of them missing; the man in the great coat was still standing; he had a stick in his hand; I saw the shoes under the arm of the prisoner Hatch.

BOTH GUILTY .

Whipped .

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

Reference Number: t17871024-18

829. GEORGE LOVELL alias GIPSEY GEORGE was indicted for feloniously assaulting Ann Langdale , on the- 28th of September last, on the king's highway, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, one woollen cloak, value 10 s. her property .

ANN LANGDALE sworn.

I am not married; I was robbed lately; I was going up Tottenham-court-road , between five and nine at night; a man came to me, and took a cloak out of a basket; my sister takes in washing, I had been home with some cloaths for her, and the cloak was in the basket; I am not servant to my sister.

You was carrying a cloak in your basket for your sister? - Yes.

Who took it out of your basket? - I cannot swear to him.

Was it a man or a woman? - A man; he took it and ran away; I never saw the cloak since.

A WITNESS sworn.

What age are you? - Thirteen.

Do you know the nature of an oath; what will become of you if you take a false oath after your death? - I do not rightly know.

Was you never taught your prayers nor catechism? - Yes.

What becomes of wicked people after their death? - They go to hell.

What would become of you if you should take a false oath now, after your death, do you think? - I should go to hell.

What do you know of this matter? - I saw him take the cloak out of the basket.

Who did you see? - That man, (pointing to the prisoner).

Who carried the basket? - This gentlewoman.

Whereabouts was it? - She was coming across from the lower Cross-street, St. Giles's-pound.

What did he do then? - He ran away.

For how long time did you see him before he took the cloak out of the basket? - I saw him for some time.

What was he doing before? - Standing at the pound.

Did you know him before? - I had seen him before.

At what distance were you from him? - I was the second door in the street from him.

How soon afterwards did you see him, after he took the cloak out of the basket and run away? - I did not see him that night, nor till I saw him at the justices.

Did you know him? - Yes.

Was he with others? - There was another or two at the pound, he was standing with the others at the pound, there was another man with him at the justices.

Are you sure he was the man? - Yes.

Court to prosecutrix. What sort of night was it? - It was a moon-light night.

HANNAH POND sworn.

I know the young man from a child in petticoats; I happened to be in a chandler's shop; I ran to the door, and the young man that is at the bar rushed by me with something in his arms; the woman came in almost ready to faint, it was a very moon-light night indeed.

Have you any doubt about his person, was it him? - Yes, the whole length was not ten yards of ground, the young man had been using me ill some time before, and I have often seen him do foolish things; and I said I would tell the first time I saw him again, and I went and told of him.

What do you mean by foolish things? - I saw him knock down a woman and use her very ill that same night; the cloak was under his arm, and a corner hung down as mine might do.

Prisoner. I had been in bed, and they took me and my cousin both.

GUILTY , Death .

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

Reference Number: t17871024-19

830. WILLIAM WHITEWAY was indicted for that he, being an ill designing, and disorderly person, and not regarding the laws, and statutes of this realm, on the 27th of September last, at the precinct of St. Catherine's with a certain pistol, loaded with gun powder, and leaden shot, which in his right hand, he had and held wilfully, maliciously, unlawfully, knowingly, and feloniously did shoot at Thomas Philbin , in the dwelling-house of James Wilkins , with intent the said Thomas Philbin to kill and murder, against the statute .

The witnesses examined apart.

The case was opened by Mr. Baldwin as follows:

Gentlemen of the Jury, the prisoner stands indicted for feloniously shooting at one Thomas Philbin , in the house of one James Wilkins , in the parish of St. Catherine's. By the statute of the 9th of George the first if any person shall wilfully and maliciously shoot at any person in a dwelling-house, he shall be guilty of a capital offence. Gentlemen, the case I have to lay before you is exceeding short, and if the facts come out as they are stated to me, there never could be one that came more within the statute then this does. Thomas Philbin had been to the house of one James Wilkins , on the 16th of September last, in company with several people; it appeared two woman came into their company exceedingly riotous, and disturbed the company very much, which induced Philbin to put one of them out of the room; this woman, whose name was Mary Sterne , went to a Magistrate, and made complaint and procured a warrant; this warrant was put into the hands of the prisoner, and another man of the name of Dawson, two men that did belong to the office at that end of the town, to execute on the next day; Whiteway came into the room where they had been before; the woman came in with him; she shewed Philbin to him; Philbin said he would not stir till

he had drank his beer; immediately upon this, Dawson, the other officer came in, and it seems this Dawson, who was the officer, was known to a man of the name of William Pickett , who was in company with Philbin, and he said to Dawson, if you will be so good to take my word, I will undertake Philbin shall appear before the Magistrate in the morning; Dawson knowing him, was well satisfied, and desired Whiteway to go without him; Whiteway on the other hand said, I will not be satisfied, he shall go with me, clear the way; he drew a pistol out of his pocket, and said he would shoot him, and upon that, the man Whiteway discharged his pistol, which was loaded with Swan shot; the consequence was, the man fell to the ground; he was dangerously wounded: you will hear the story from him, and if it so turns out, you will find the prisoner guilty; if on the contrary, you see any reason to doubt these witnesses, I am sure you will do your duty in acquitting him.

THOMAS PHILBIN sworn.

You I believe are the prosecutor mentioned in this indictment? - Yes.

Tell my Lord and the Jury all that passed at the Sun in St. Catharine's?

We were drinking at Mr. Wilkins's at the Sun at St. Catharine's, and two women were wrangling in the house; I took one of them and led her out to the door, and she took off her patten and she hit me on the nose, it cut me, I had a stick in my hand, and gave her a slap, not to do her any harm; she went into Mr. Wilkins's, and was going to bring one of the measures to knock my brains out; she said she would get a warrant for me; I was at the same house the next day; I remember Whiteway coming into the house; I was sitting drinking with some of the gang, and he came and told me I should go with him, I told him that I would not go with him, that I belonged to the King; I told him there was some beer to drink, and I would not go with him.

Do you remember Dawson's coming in? - No, I know nothing about Dawson; the prisoner told me, that if I would not go along with him he would shoot me; indeed I do not know what I said, but he said immediately, clear the way, and did shoot at me with a pistol, I believe it was loaded, but I had a wound; he never took me up nor laid his hand upon me on the warrant, but said I should go along with him.

Was you wounded? - Yes, he laid the bone bare; I fell down under the table, and I got up and walked two or three steps, and fell again under the table; then I cried out murder, and went into the street, and walked down to the rendezvous; I never struck him, nor he never touched me; here is the hat I had on, (an oil-skin hat with a large hole in it.)

Mr. Garrow, prisoner's Counsel. You was what is called master of the gang? - I do not know, the Lieutenant told me I should be the captain of the gang.

How many of your gang were there? - I know there was not a dozen.

Were there several? - There were only eight in the whole, but I do not know how many; whether they were all there I do not know, nor how many were there.

How long had you been drinking together? - Not long; we had two pots of beer, I was very sober.

Had you ever seen the prisoner before in the course of your life? - I do not know that I had.

You never had any quarrel with him? - No Sir.

Nothing that should occasion any spite between you? - No, Sir.

What weapons had you, and the rest of your gang? - Nothing but sticks.

Bludgeons for the purpose of defence? - Defence! we did not need any defence.

Have you one of them here? - No.

They were such sticks as press-gangs usually carry with them? - Yes, Sir, we had sticks; I had a stick; I do not know whether all the rest had sticks a-piece.

Did not you say to him, that you would not be taken by any b - y b - r of a

thief-taker, and that you would knock his brains out, if he offered to take you? - Indeed I did not, nor any expression of that sort.

Did not you raise your stick to prevent his taking you? - No, I did not, but I had the stick in my hand, and I lifted it up; I do not know whether I did not do thus; I stretched the stick between me and him.

Upon your oath, what was the expression that you used when you raised the stick? - I used no expression at all; I did not raise the stick any higher than this; I did not raise it for any purpose to strike him, or to do any harm with it.

You have told us already you had once refused to go? - Yes.

But this man repeated that you should go with him, or he would shoot you? - Yes; upon which I told him, I would not go; he first said, young man, you must go along with me; I said, I will not; then he said, if you will not, I will shoot you; and he said, clear the way, and he shot me; I did not raise the stick at that time; I did not say, if you attempt to take me, I will shoot you.

Did not you say, you would not be taken by any b - y b - r of a thief-taker, and that you would knock his brains out if he offered to take you? - As I wish I may be saved, I did not say such a thing, I had not time to say much, that was all I said; when he came in, he said; young man, you must go along with me; no says I, I will not; says he, if you do not, I will shoot you.

The rest of the gang had sticks? - I do not know.

Did not they all raise their sticks? - I do not know that they did; I do not know that he was desperately beat afterwards.

Mr. Baldwin. Did you ever strike him, or hold up your stick to strike him? - No.

Tell us, and repeat it, that it may be fully understood, what conversation passed when you said you would not go? - He came and said, young man, you must go with me; he said, he did not care what I belonged to, snapping something; I do not know whether he said again, I should or not; but afterwards he said, if I would not go with him, he would shoot me.

WILLIAM LEACH sworn.

You were one of the press-gang? - Yes.

You was at the Sun with Philbin when Whiteway came in? - Yes.

Tell your own story, what was said by Whiteway when he came? - The woman came in first, and pointing to Thomas Philbin , said to Whiteway, that is your prisoner, and Whiteway bid him stand up, and we all stood up; and directly after that the woman went out, and in came Robert Dawson , another of the runners; then William Pickett went to the door, and said to Dawson, will you take my word for his appearance the next morning; Pickett is one of the gang; Dawson was very agreeable to take it.

Did Dawson say any thing? - Nothing that I heard; he was agreeable to take it; then Pickett came in, and spoke to Whiteway, and said, that Dawson had taken his word for his appearance the next morning; Whiteway said, I will take nobody's word; he clapped his hand on his left hand pocket, and took the pistol out of his pocket; and said, take care, take care, I will blow your brains out, and fired immediately.

Did Philbin strike him, or was he near enough to touch him? - He was near enough to touch him, but he did not strike him, but he held out his stick in this manner.

Mr. Garrow. Describe the manner, (describes it, by holding out a stick rather slanting down) Philbin had his hat on, it was tore in the manner it is now by the shot; it was a new hat; Philbin fell underneath the table; I stood close along side; he did not strike at Whiteway, nor did any of my comrades make any resistance at all; this is the pistol which I took from him.

Mr. Garrow. I want to see whether I understand you right; all that passed after Whiteway came in, was Pickett's telling

him, Dawson had taken his word; Whiteway's saying, I will take nobody's word, and taking out his pistol, saying, take care, and firing immediately? - Yes.

No conversation passed between you and Philbin, after Whiteway said that he would fire.

Had there any conversation passed between them before? - Yes, when Whiteway came in, the prisoner said, Philbin must go with him; Philbin made answer, and said he would not go; Whiteway said he should go; I heard no more.

What did he say, when he said the second time he should go? - I did not hear Whiteway say any thing more; Philbin said, he would not go with any b - y runners; he held the stick in the manner I have described from the first to the last; we were all standing up, Whiteway ordered us to stand up; Philbin said, he would not go; Whiteway said, he should, and Philbin said, he would not go with any b - y runner; that was afterwards.

So then Philbin always refused to go? - Yes.

The woman came in, and she charged him as her prisoner? - Yes.

Was you present at the assault between the woman and him? - Yes; there were four of us there; we had no sticks with us, only Philbin had a stick.

He said he would not go with any b - r of a runner? - Yes; that he said just before Whiteway shot him.

How many other persons were there in the room besides your gang? - That is impossible to tell; Whiteway had nobody with him, but Dawson.

And you were four of you? - There were about four of us, at the time he came to serve the warrant; there might be eight or nine of the gang, at that time we were all sitting down; I never saw the prisoner before; never had any quarrel or ill-will with him.

Mr. Baldwin. Did these eight or nine of the gang, or any of you, attempt to rescue the man? - No.

Court. What do you call rescuing? did you strike, or attempt to strike? - No.

Court. Here is the captain of a press-gang with a bludgeon in his hand.

Mr. Garrow. Surely that will reduce murder to homicide.

Mr. Recorder. An officer who is resisted in the execution of his office, may justify the fact of killing.

Mr. Baldwin. Do you think he is resisted (by saying he would not go,) by the captain of a press-gang holding a bludgeon in his hand this way, and saying he would not go.

Court. If a man holds a bludgeon any way in his hand, and declares he will not obey the warrant of a justice.

Mr. Baldwin. He said, I will not go without any other resistance.

Mr. Recorder. It could not at the most, have been more than man-slaughter, if death had ensued.

Court. I will not say, whether it is justisiable, or no.

Mr. Recorder. It seems to me, that that fort of shooting which, would have amounted to murder, if it had been followed by death, is a malicious shooting, and vice versa, that if it would not have amounted to murder, if death had ensued, it could not be a malicious shooting; it would be a strange construction, if such a firing, as tho' not being justifiable, would have amounted only to manslaughter, if the party had died, could be within this statute, for then he would not have been deprived of the benefit of clergy, if the man had died.

Court. Here is a constable comes with a warrant, and a man standing at the head of a press-gang, declaring, I will not be taken, and held a weapon in his hand.

Mr. Baldwin. Why are eight men who are in habits of peace, without having a weapon in hand, without uttering a word, to be considered as a gang.

Court. No, but any other men that were so armed.

Mr. Baldwin. But they were not armed.

Court. The captain was armed, and he repeats his declaration in words, that he will not go.

Mr. Baldwin. They are not under his command for any such purpose, or inclined to act improperly.

Court. There are seven or eight companions.

Mr. Baldwin. We wish to proceed in our case.

Jury. How many were there of your people at that time? - Eight or nine; there were a great many men and women in the room.

Jury. We live near that spot.

Mr. Baldwin. Your gang were not armed you say, nor interfered at all? - I did not mind that any other of us had a stick.

Jury. He did not offer to strike? - No, it was almost as thick as a broom stick, with which we used to go out a pressing, but it never was attempted to be used for that purpose.

Court. Was the warrant produced? - I did not see it.

Court to Philbin. Did you see it? - I did not.

Did he touch you, or take you? - No, if he had touched me, I would have gone with him.

WILLIAM PICKETT sworn.

I was present when Whiteway came in; Mary Sterne came in; Whiteway followed her, and pointing to Philbin, said, that was his prisoner.

Did Whiteway say any thing to Philbin? - Not in my hearing at that time; this Mary Sterne went out again, and Robert Dawson came in; Mr. Whiteway never moved towards him at that time; Mr. Dawson belongs to East-Smithfield, the same office Whiteway belonged to, as far as I know; says I, Mr. Dawson, we will go out and make it up, what is the use of troubling the man, who should be upon duty to night; will you take my word for his appearance; he said, he would; I passed my word; I went up towards Whiteway, and he said, he would not not take any body's word, or would not hear any body's word.

Had Whiteway at all taken Philbin? - No, nor never was nigh him in my seeing; then I turned my head to Dawson to speak to him again, to tell him that, and heard the report of a pistol; I did not see him fire at the man; Thomas Philbin said, he would not go, and made some very rash word, but what I did not know, that was while I was speaking to Dawson.

How soon was it that the pistol was fired, after what passed between you and Whiteway? - It might be the space of a minute or two.

Had you at all resisted Whiteway? - No, Sir, nor any of our company struck, or attempted to strike; we were not armed; Philbin had a stick in his hand, but whether he did attempt to strike him or not, I do not know.

Did any of you say, that he should not take Philbin? - Not one of us, in my hearing.

Mr. Garrow. You were trying to get off? - He said, he would not go, but what he said afterwards (I turned my head to Dawson) I cannot recollect; what the rash expression was; I cannot say, whether he said b - r, or no.

Did not he say, he would not go with any b - y b - r of a thief-taker; - That I did not hear; I heard something about b - r; there were about seven or eight; Philbin was the captain, and had a cockade in his hat; we had had two pots of beer, which were not out; I had no bludgeon, it was my stick that Philbin had in his hand; some had bludgeons, and some had not, but I cannot tell how many had.

Did not you think Philbin wrong, in using such expressions to the officer; did you think he would go with him? - I could not tell that, that was all done very shortly; I had seen Whiteway before, but never had any quarrel with him, nor any of our gang; we had no spite as I know of; I did not hear him say thief-taker; I heard him say he would not go, with

something of a b - r; then I spoke to Dawson; then I heard the report of a pistol, and I saw Philbin reel, and drop under the table, and Bob Dawson said to me; pursue him, or run after him.

(The bat shewn to the Jury.)

Mr. Garrow. I will call the surgeon.

Court. That is not material.

Mr. Baldwin. I shall not call any more witnesses.

Mr. Garrow I beg your Lordship to call all the witnesses that are on the back of the indictment.

Court. Yes, I shall; call James Wilkins .

JAMES WILKINS sworn.

Mr. Baldwin. You keep the sun? - Yes, I followed Whiteway; in about two minutes after I heard him speak to the man, and tell him he was his prisoner.

Was you present when he fired? - Yes.

What passed at that time? - He said he would not go with never a d - d bloody b - r of a runner in England; William Pickett , one belonging to the gang, came to Dawson, and asked him to take his word to bring him up in the morning, and Dawson told him he would; Dawson did speak to Whiteway, but I believe Whiteway never heard him among the noise; Philbin held his stick, bearing it high, raising it up; he held it strait out to him in this manner, but whether to strike him, I cannot say.

Did he attempt to strike him? - Amongst them all, I cannot say whether he attempted to give him a blow or no, but he held it out strait; there was not any body in the house besides themselves, but there was a great noise, and alarm altogether; I did not see any of them in fact strike him, but they all stood in a noise together.

Mr. Garrow. I wish you to tell all that passed, not a piece of it? - In the day time, this Thomas Philbin came into my house by himself; there had been a dispute between him, and Mary Sterne , and she sent a girl to get Whiteway to take Philbin, and I told him to get out of the way, for there was a warrant against him; and he said he would not be taken, for he would go and fetch a gang; this was in the day time; Whiteway did not come at that time; at night Philbin came with this gang; and then Whiteway came to take him away; Whiteway said he was his prisoner, and he said he would not go with never a d - d bloody b - r of a thief-taker in England, and he raised his stick, bearing it high.

Do you believe it was possible for him to have taken Philbin at that time, if he had desired it? - No, I do not, because there was so many of his side; he told me in my bar that he would not be taken, and that he would have his gang down.

For what? - To take his part.

For what purpose did it appear to you that the stick was raised? - To defend himself against Whiteway, as I should imagine.

How long have you known Mr. Whiteway? - A great many years.

Is he an ill natured man? - A very honest man I believe; he is a man I never had any words with; he uses my house four times a week I suppose; I never heard any thing amiss of him.

Mr. Baldwin. Did any of the gang that were there at all interfere, or attempt to strike at Whiteway? - They were all armed with sticks; and they all got up in arms; they all stood up round him; they were all in a box together.

Were they so before Whiteway came? - They had been in I believe the course of five or six minutes.

Did they attempt to hinder Whiteway from executing his warrant? - The man that he wanted, said he would not be taken; the rest stood round him; Whiteway ordered me to aid and assist, and I begged for peace; upon my oath I believe it was impossible for Whiteway to have taken him.

ROBERT DAWSON sworn.

I belong to the office with Whiteway;

this warrant was given me by the Magistrate.

(Produces the warrant.)

Mr. Baldwin. Is that the same warrant that you had? - It is the warrant that the prisoner produced to Mr. Staples, and said it was the warrant he went to execute.

Is that he warrant that Whiteway had when he went to take Philbin? - He produced the warrant the next day, when he examined he produced this; I went with him for the purpose of executing it. (The warrant banded up, addressed to all constables and headboroughs.) I went into the house after Whiteway.

Did you see Philbin there? - Yes, Pickett applied to me to take his word for the prisoner's appearance in the morning; I agreed to it.

Was there any resistance made to Whiteway by any of the gang? - I saw Philbin standing up, and saying to Whiteway, he would not go, and Whiteway said he should; immediately upon that, I called in Wilkins, and some others to come in to keep the peace; all the people said he should not go.

You are sure of that? - Yes, I will not deny that; I mean all but Pickett; he was talking to me.

Did Leach say so? - I do not recollect Leach; it was a general voice; he is the Captain of our gang, and he shall not go; Pickett said, if you will take my word, I will produce him in the morning; my reason for taking Pickett's word, was as much because I saw it was impossible to take him away by force; I did not see the warrant produced; it had been intimated to me by the companions, that he should say he would not come with any body; I had been about some business, and I met the woman with Whiteway; he applied to me, and said I am afraid he will not come; I said I will go down with you; I did think it morally impossible from the manner in which these people behaved that Whiteway could have brought the man away.

Mr. Baldwin. I have done.

Mr. Garrow. I shall not trouble the Jury with any defence.

Court. Gentlemen, the construction of this act has not been, that such shooting has always been held to be malicious, as would have amounted to murder, if it had killed the party; now considering this case, suppose that instead of only wounding the prosecutor, that the prisoner had in fact killed him, what would have been the consequence? Serjeant Hawkins says, that when an officer kills one who resists him in the execution of his office, he may justify the fact: this man was a constable acting under the authority of a warrant granted by a Justice of peace, for an assault and battery, by Philbin; he comes there, and Dawson is prevailed on to give his consent at the request of Pickett, that Philbin should appear the next morning, and Dawson tells you he did not think it safe at that time to execute a warrant, otherwife he certainly would; it was his duty, he ought to have executed the warrant, and taken Philbin before the Justice; it was the prisoner's duty, and he was punishable if he neglected his duty to have executed that warrant: here is a press gang, consisting of seven, and Philbin at the head of them; he lifts his weapon as the press gang say, with the end of the weapon towards the ground; that alone would not be an assault, but coupled with the declaration that he would not go with the constable; it would justify the officer, and reduce the crime to manslaughter, if he had killed him on that occasion; but on the evidence of Wilkins and Dawson, it appears that all the press gang resisted; they all declared with one voice, that Philbin was their Captain, and that he should not go, that he should pay no obedience to the warrant of the Justice. Gentlemen, it is not an offence within this act, and it is not necessary for me to say how far it was justiable, it is sufficient for me to say, I think in point of law, the prisoner must be acquitted.

The Jury retired for some time, and returned.

Jury. Is the prisoner at the bar a regular officer? - Yes, he is a constable of the parish.

Prisoner. I have served in my own right, and now I am a substitute.

NOT GUILTY .

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

Reference Number: t17871024-20

831. ELIZABETH PARRY was indicted for feloniously stealing, on the 13th of October , one bombazeen gown and petticoat, value 15 s. a cloak, value 6 s. a silk handkerchief, value 5 s. a pair of silk shoes, value 1 s. a pair of cloth shoes, value 1 s. a pair of pumps, value 2 s. two caps, value 4 s. a linen apron, value 1 s. a muslin neckcloth, value 1 s. two guineas and one half guinea, four half-crowns and three shillings in monies, the property of Abraham Attewell in his dwelling-house .

SUSANNAH ATTEWELL sworn.

I am wife of Abraham Attewell ; he is a porter , the prisoner came to me as a person that was out of place, a country girl just came to town, she desired employment in the milk business, she said she had no friends nor no money; for that reason I took her, she was from Tuesday to Saturday; she was very sick, she said all the time she was with me, she was in great pain in her side and bowels; on Saturday morning she was very bad indeed, she cried very much, I got her bled, and gave her three-pence to pay for it; I left her in my house when I went out, nobody was with her, it was about a quarter before one when I left my house; I returned about half past three, and I was informed she was gone, and I ran to my box, and found my box open, and all my property gone, which was my cow-keeper's money, I lost three pounds and upwards in money; there were two guineas in gold, half a guinea, four half crowns; and the rest in silver.

How much? - I think to the best of my knowledge, about three shillings; I lost the things mentioned in the indictment, the handkerchief is here to produce, I never found the money; she was taken on the Tuesday morning following by the advertisement.

Prisoner. Did not you go out to borrow a shilling to mend your son's shoes the day before? - I did not.

Prisoner. Did not you borrow a shilling of your next door neighbour for a pair of shoes? - No.

EDWARD TREADWAY sworn.

In consequence of an advertisement, I found this gown and petticoat, and black silk handkerchief, and the shoes on the prisoner's feet, and the stockings on her legs; she said she had the things off the drawers, to the best of my recollection, belonging to her mistress.

What mistress? - The prosecutrix.

Prisoner. I never said any such thing.

Treadway. I searched her, and found half a guinea and a shilling upon her.

Court to prosecutrix. Whereabouts did you leave these things? - I left my gown and petticoat, folded up on the head of the bed, my cloth shoes were under my bed; I cannot say where I left the other shoes.

When did you see this money last before it was stolen? - I saw it on Friday, and had it in my hand about eleven or twelve, and on Saturday it was stolen. (The prosecrtrix deposes to the handkerchief,) the cap I can swear to and the gown, it was never on my back, the mantua-maker is here that made it.

Did you loose such a gown as that? - Yes, I did, I lost it off the head of my bed.

Did you loose these stockings and shoes? - Yes.

ANN FORSAR sworn.

I am a mantua-maker; I made this gown for the prosecutrix; I know my work.

Prisoner. I have had that gown these five years, and more than that; there were

two pieces tore off the skirt, and I had them sewed on again; I had it at Mrs. Stokes's.

GEORGE MEECHAM sworn.

I am an officer; I took the prisoner in custody by the advertisement; we searched her, and she said, this is my mistress's property, for I took it off the head of the bed; nothing was said to her, she owned it voluntarily; I never had any thing to say to any one but the woman that stands in the red cloak.

PRISONER's DEFENCE.

The things are my own, honestly bought and paid for, and as for money, the prosecutrix had none; she went and borrowed a shilling the day before; I could bring witnesses, that I wore that gown two months in this town, before ever I saw this woman.

GUILTY Of stealing the clothes to the value of 39 s .

Transported for seven years .

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

Reference Number: t17871024-21

832. ELIZABETH JONES and ELIZABETH CUMMINS were indicted for feloniously stealing, on the 5th of October , one piece of muslin containing three yards and a half, value 23 s. the property of Peter Leyburn , privily in his shop .

THOMAS BELL sworn.

I am shopman to Peter Leyburn , in Houndsditch ; on Friday the 5th of October, between three and four in the afternoon, the two prisoners came to the shop of Peter Leyburn together; I am sure it was them, they asked to look at some muslins, I shewed them different kinds, each party seem to take great pains in saying, some were too coarse, some too dear, till I had shewn a number of pieces, but one was fixed on, the quantity agreed on, was half a yard, at 2 s. 6 d. per yard; I turned round to look for the measure, and not finding one at hand, the two or three pieces that I opened, I laid on the remaining part of the wrappers that were not opened, and then I went to another part of the shop for a measure; immediately on my return, I cut the half yard, a shilling was laying on the counter, but they desired me to take seven-pence, abating the halfpenny; they both spoke; I opposed it, saying, which laid down the shilling, but at the time the change was offered, they both claimed the change; each saying, they laid down the money, and it was a considerable time before I could satisfy them with the change; I do not know which of them laid down the shilling; immediately upon giving the change, the prisoners both went toward the door; I laid the change on the counter, and Elizabeth Jones took the change.

Which took the muslin? - Elizabeth Cummins ; as Jones went to the door, I perceived her step somewhat singularly; she could not walk, but shuffled along; this gave me some suspicion that she had something; and also from their behaviour in taking particular pains in tumbling the muslins, tho' I endeavoured to prevent it by giving a watchful look out; they both went out of the shop together; I looked carefully over the muslins, and missed one that I had seen that morning; I immediately followed them, at the distance of four or five doors I overtook them; they were walking and talking to each other; I took each by the arm, and requested them to return, and wait in a part of the shop, distant from the counter, and from the other customers till a peace-officer came, which I sent for; Elizabeth Jones , while the boy was gone for the officer, rushed out of my hand; I attempted to keep hold of them; they tried to rush out of a door that was fast; some customers were standing near the door close to the counter, the shuffled round them to a different part of the counter where there was no customers; I saw her immediately drop the muslin, it was concealed

under her coats, she had dropped it without any difficulty; I am clear I saw it drop; I took up the muslin from the ground, and required them to stand aside till the constable came; Jones immediately went down on her knees and ask'd forgiveness; I told her she could not expect forgiveness, as it was not the first offence in our shop.

What did the woman say? - They each of them wanted a quarter of a yard of muslin, but the muslin did not suit her to have a quarter of a yard, that was the defence the other one made; the other said she had no knowledge about Jones's taking the muslin.

Court. Did you see this muslin taken? - No.

Who else was in the shop besides you? - There were several customers.

Who else belonging to the shop? - There were Mr. Leyburn, and two other assistants in the shop at the time.

Are any of them here? - No.

THOMAS WITHERS sworn.

I took charge of the prisoners, and the piece of muslin; I have had it ever since.

Prosecutor. This is the piece I saw drop from Jones, it is my master's property, it has our private shop mark, marked by me.

PRISONER JONES's DEFENCE.

I had but just done selling my fruit ; I went to Rag-fair to buy me an old gown; I know the prisoner by selling fruit; she asked me to go with her, and she bought the muslin for 7 d. the man came out, and he found a piece of muslin on the ground; I never took it, there were three women with bedgowns just by the windows.

PRISONER CUMMINS's DEFENCE.

I had been out with fruit in the morning; I met this young woman, and asked her to go with me; we went and bought this quarter of a yard of muslin, and paid for it; I looked over none.

Court to Bell. Were any of the other customers near the place where she dropped the muslin? - No.

Are you perfectly sure you saw her drop it? - Yes.

To Prisoner. Have you any witnesses to your character? - I have none but God Almighty and you.

ELIZABETH JONES , GUILTY Of stealing, but not privately .

Transported for seven years .

ELIZABETH CUMMINS , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871024-22

833. THOMAS SIMPSON was indicted for feloniously breaking and entering the dwelling-house of John Barford , about the hour of five in the afternoon, on the 20th day of October , part of his family being therein, and stealing therein, one piece of printed linen, value 3 l. his property .

- FENNER sworn.

I am warder of Cheap-Ward ; I was going my round, about ten minutes after five last Saturday, and saw the prisoner; I went a little further and stood against the next house window; then I said, my friend, I think I have got you; he made no reply; he got from me; Mr. Barford's clerk came and caught him in his arms about three yards from the door; Mr. Barford picked up the piece of goods at the door.

Prisoner. Can you take a safe oath that you saw me lift up the latch? - I saw his hand upon the latch, and saw his arm turn, and I saw him go in.

JOHN BARFORD sworn.

I was at home when this happened, at

the very far end of all the warehouse; the warehouse door goes into the Poultry, facing the Old Jury , it is a part of my dwelling-house; I live in the same house; the door was shut at the time: sometime before I sent my clerk to the banker's, I was at the far end of the warehouse, I turned my head round and saw the prisoner at the bar in the warehouse with a piece of print in his hand; I heard the door open, I did not see it; I saw the prisoner go out of the house with something, and when I had run to the front door in the Poultry, I found this piece dropped there, just at the time that the other witness and him were struggling; it is my property, and I immediately signed my own name, and made the constable sign his name upon it, and my neighbour signed his name.

Had it any mark before? - There is my private mark and length of yards, which is customary.

WILLIAM JACKSON sworn.

I am clerk to Mr. Barford; as I was returning from the banker's, I saw the prisoner.

Do you recollect whether you latched the door after you? - To the best of my recollection, I did; I am not quite sure; I saw the print drop; I did not see who dropped it.

PRISONER's DEFENCE.

I hope you will take it into consideration for my wife and child they are starving; and I asked the gentleman to send me abroad, I was very willing to serve his majesty.

GUILTY Of stealing to the value of 39 s. but not of the house-breaking .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871024-23

834. ANN WOOD and ELIZABETH AYRES were indicted for stealing, on the 26th of September last, a cloth coat, value 20 s. a pair of black velvet breeches, value 10 s. a pair of cotton stockings, value 3 s. a pair of plaited buckles, value 3 s. the property of James Roach .

JAMES ROACH sworn.

I am a labourer ; I hired a lodging of the prisoner in Goldsmith's-alley for a night; I did not sleep with them; I had a bed of them, and after I was in bed, they robbed me of my clothes; I was to pay them a shilling for the lodging; I went to bed and fell in sleep, and when I awoke, I found my things were gone at half after five in the morning; when I got up, I was informed the prisoners were in custody.

EDWARD TREADWAY sworn.

I was the officer of the night; about half after five, the watchman brought in the prisoners at the bar; one of them had a coat in her lap; I asked her how she come by it; she said, it was her brother's, and she was going to carry it to the tailor's to be mended, that was the prisoner Ayres; I looked at the coat and saw it did not want mending; says I, this coat is stolen somewhere, I shall stop you; I searched Wood, and under her petticoats, I found this pair of breeches.

CORNELIUS HARROGAN sworn.

I am a watchman in Plubtree-street, St. Giles's; I asked the prisoner Ayres, what she had in her lap; she made me no answer; Wood said, it was a coat belonging to her husband, it was going to the tailor's, and I asked her what her husband was; she said, a hackney coachman; says I, this is not a hackney coachman's coat; it does not belong to him; Ayres said, her husband was a tailor, it was going to him to be mended; I took them into custody.

(The coat deposed to.)

PRISONER AYRES's DEFENCE.

I was going home between eleven and

twelve, this man had a very elderly woman; he asked us to shew him a lodging; we shewed him to one; we came out and left him, and there is a woman that laid very ill in the house where he lodged; she desired us to get up and get something to drink, and she gave us these things; I never took any notice of the man's clothes, or saw what colour they were.

The prisoner Wood, said the same.

ELIZABETH AYRES , ANN WOOD .

GUILTY .

Each Transported for seven years .

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

Reference Number: t17871024-24

835. SARAH SUTTON was indicted for feloniously stealing, on the 13th of October , a metal watch, value 40 s. the property of Frederick Franklin , privately from his person .

FREDERICK FRANKLIN sworn.

I am officer of excise ; I lost my watch; I had been on excise business; I looked at my watch about three or four minutes before the prisoner accosted me, very unexpectedly, with the usual mode of asking for something to drink; I told her I was in haste, and begged to be excused; but however, she busied herself very much about and in an instant, I detected her hand, right hand breeches pocket, where there was a key hanging; in a moment I found myself totally relieved from that disagreeable pressure, and she moved on; says I, you infamous hussy, you have got my watch; and she went and passed another, and I should suppose she gave it to her, for it was found upon her; I got the watchman and took her to St. Ann's round-house; she was carried on Monday to Litchfield-street.

PRISONER's DEFENCE.

I was going on an errand to my aunt, that gentlemen laid hold of me and asked me to go with him; I said, no; he dragged me into a passage, and beat me with a stick, and shut the door upon me.

Prosecutor. I never went into any house with her.

Jury. Were there any other women with her? - Not in company.

Was you in company with no other woman? - No Sir, I am sure of this woman.

GUILTY Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17871024-25

836. JOHN CHURCHILL was indicted for stealing, on the 23d of September last, a cloth great coat, value 20 s. the property of Mary Dehaney , widow, privily, in her coach-house .

THOMAS STANTON sworn.

I am coachman to Mary Dehaney , in Portman-square ; she lost a box coat out of the stable; it was taken off the box about half past four; I came in about an hour and half before it was taken; I left the door a jar; my wife lives over the stable; I was having a bit of dinner; I should know the coat again, I have seen it since.

Was the door on a latch? - No, on the jar.

STEPHEN MINORS sworn.

I am a pawnbroker and salesman; the prisoner came to me to sell a coat; he said, he bought it and gave a guinea and a pot of beer, and some bread and cheese; he said, I should have it for a guinea; I looked at the prisoner; he told me he was a groom; in consequence of his appearance, I stopped the coat; in the evening he was brought to my master's house; it was brought the 24th of September, a little after eight in the evening.

Prisoner. I did not steal it out of the coach house; I bought it of a young man.

Court to Coachman. Do coachmen usually keep their coats at top of the box? - No, I never do, only in the day time; we never lost any thing out of the yard before, and I was ordered out again at half past five.

Prisoner. The coachman knows me very well.

Stanton. He has lived in very good families; he lived five years in his last place, and he lived two years with my master before that; he has been out of place four or five months; I never knew him do any harm before.

GUILTY Of stealing, but not privately .

Whipped and imprisoned six months .

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

Reference Number: t17871024-26

837. MARY DAVIS was indicted for stealing, on the 8th of October , one pair of leather shoes, value 3 s. the property of Lawrence Welch .

Mrs. WELCH sworn.

I saw the prisoner take the shoes; she never was out of my sight; she was going from the place; she said she had not touched them.

PRISONER's DEFENCE.

I went to buy a pair of shoes; I took them off the nail, and I never moved from the place.

LAWRENCE WELCH sworn.

I saw the shoes drop from between her cloak after my wife took her, and I charged her with a constable; it was at my shop window.

What did she say? - She fell abusing me, and pretended to me drunk, and said she had no intent to take the shoes; she did not come into the shop at all; the shoes were hanging at the shop window; she did not mention purchasing them; she said she had nothing to do with them.

GUILTY .

Transported for seven years .

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

Reference Number: t17871024-27

838. WILLIAM NOEL , alias WILLIAMS was indicted for burglariously and feloniously breaking and entering the dwelling-house of Mary Smith , about the hour of seven in the night, on the 3d of October , and burglariously stealing a metal watch, value 4 l. a steel chain, value 2 d. a key, value 6 d. a seal, value 6 d. a gold mourning ring, value 12 s. the property of Thomas Smith .

THOMAS SMITH sworn.

I live with my mother, Mary Smith ; she keeps a warehouse , the corner of Great Turnstile, Holborn ; the first that I knew of the property being lost, was through the advertisement; I saw it the Sunday before the prisoner was taken, which I believe was on the Wednesday; it is a metal watch,

"J. Johnson, Maker No. 126," it was kept in my own chamber, in a dressing-table drawer; it was out of repair; I only swear to the property.

EDWARD ANSELL sworn.

I am a pawnbroker; on Wednesday evening, the 3d of October, the prisoner offered me a metal watch, and a mourning ring to pledge; he asked two guineas; I enquired if it was his own property; he said it was, but not giving satisfactory answers, I doubted him; I enquired where he lived; he said at No. 18 or 19, Tottenham-court-road; I asked him if the landlord or landlady of the house knew he was possessed of this property; he said they did; I told him I would go home with him; he

seemingly had no objection; still being doubtful of him, I called upon Meecham, the officer, and took him with me to Tottenham-court-road, he was going a wrong way; he said then, he did not live in Tottenham-court-road, but some where up in Oxford-street; the name of the place he could not tell; it was near the Balloon; I desired Meecham to take him into custody; I have the watch, and the ring; he was examined the day after; the property was advertised, and Mr. Smith identified it.

(The watch and ring deposed to by Mr. Smith.)

Prosecutor. There is my name in the watch, and my sister's name in the ring; the prisoner lives as labourer, next door to my house, which communicates to the upper part; we continually keep our trap door open, and he continually works at the upper part of the house.

PRISONER's DEFENCE.

I was going from my work about six at night, and in Holborn, there a came a strange man to me, and tapped me on the shoulder, and said, how are you countryman; I said pretty well; he gave me share of two pots of beer, and three glasses of gin, and he asked me to buy a watch; I do not know the man; he said he would let me have it for three pounds ten shillings; there was his wife with him, or a sister, she had the ring on her finger, and he said he would give me the ring into the bargain; I gave him the money, and took share of two pots of beer; he said he lived at No. 16, in Holborn; I enquired there, and there was no such person lived there; I was but three days out of the country.

GUILTY, 39 s .

Transported for seven years .

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

Reference Number: t17871024-28

839. WILLIAM RAY was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Moody , about the hour of six in the evening, the 20th of October , and burglariously stealing therein, one ounce of silver, value 5 s. a silver tea-spoon, value 2 s. a metal tobacco stopper, value 1 d. two copper medals, value 2 d. twenty guineas, value 21 l. sixteen half crowns, value 2 l. three crown pieces, value 15 s. one piece of copper coin, called a halfpenny, the property of the said Thomas Moody .

A second count, for feloniously breaking and entering the same dwelling house, about the hour of five in the afternoon, of the same day, no person being therein, and stealing the above things.

The case opened by Mr. Leach.

The witnesses examined separate.

JOHN MOODY sworn.

I am son to Thomas Moody ; I was going home between five and six, me and a man out of my father's fields from work; I went into the house, and went to look for a candle, and instantly pulled off my shoes, and went up stairs, nobody was at home; going up stairs I saw the prisoner.

Was sort of light was it? - Duskish.

Could you distinguish the features of a man's countenance? - Yes, I knew him directly; I asked him what business he had there, and how he came there; he said the doors were open, and he came in; I tried to catch hold of him, and he chucked some pieces out of his pocket, some things in a bag on the floor, and two pocket books; I saw my father's desk was broke open.

Was there any other articles that he chucked out? - No, not that I saw; I called out that there was a thief in the room; my father came in while I was up stairs.

How do you know that? - Because he was not in the house when I came in, my father came up, and another man, Mr. William Stephens , junior, and one Bradbury, and secured him, and we took him to

the Whitechapel Rotation, and to the watch-house.

Did you search him in the house? - Mr. Stephens did, and found nothing, but one of Mr. Stephens men searched him in the watch-house in my presence.

How late before had you been in the house? - Not since one o'clock that day; I am sure there was no person in the house at the time.

Prisoner. Ask him which way he came in? - At the back door.

Was it open or shut? - I cannot tightly say; we went up stairs after we catched him, and I think he got in at the fore window; we never perceived till yesterday, there is half a pane of glass broke.

Prisoner. My Lord, there was a chair woman in the house all that day? - Yes, when I went out I left her there.

Was any person in the house when you went into it except the prisoner? - None at all that I saw.

JOHN BRADBURY sworn.

I was digging potatoes for Mr. Moody, and we left off sooner than usual, about five when we came home, we opened the sash to go into the house to take the key out to unlock the door; I was with John Moody , he pulled off his shoes, and went up stairs, in a minute he called out there were thieves; I ran up stairs, and found John, and the prisoner struggling; I laid hold of him, and as soon as I seized him, he dropped money at twice; he dropped a purse of money with some bad shillings and sixpences in it; we found nothing upon him more then that.

Was the door locked when you came in? - Yes.

CHARLES DOMER sworn.

I am an officer; I searched the prisoner when he was brought to the watch-house, and under his right ham, at the bottom of his breeches, I took sixteen half crowns, three crowns, a halfpenny, and a metal button.

THOMAS MOODY sworn.

Court. Look at that property, and see if you know any part of it? - There should be a halfpenny, and a little button here; this button is mine, and here is some writing on the halfpenny, and the bag likewise upon oath; I cannot say what money I lost, I know there were crowns, and half crowns, but the quantity I cannot say; I believe them to be mine.

Prisoner. It is very hard for a man to swear to a button, and a bag, and a halfpenny, that has no mark.

Prosecutor. I know the button to be mine, the bag is mine; I am clear in the bag, and I believe the money to be mine that is in it; what the tale of it is I cannot say, there is some writing on the halfpenny.

What writing is it? - I am no scholar to tell you what it is, there is some letters on it; I know it by the mark that is on it.

(The halfpenny marked on the woman's side, Joseph Fletcher , November 13th, 1738.)

- STEPHENS, senior, sworn.

I searched the prisoner, and found one shilling and one penny upon him. Some pocket books produced that were picked up by John Moody .

- STEPHENS junior sworn.

I picked up a bag, which I laid on the bureau, which Mr. Moody afterwards took out, and it contained twenty guineas; I picked it up close to the bureau; I picked up some of the papers, and the books, and gave them to John Moody .

Thomas Moody. I found a knife in my yard; my bureau was broke open, I believe by this knife, because we have found places which it will fit extraordinary well; we tried the places.

Stephens, junior. This is Mr. Ray's knife.

How do you know that? - I was sitting with him last Thursday evening, and he pulled this knife out of his pocket, and he presented it to the man, that was there, and said he could like to have the point filed off; the man instantly took out a file, and began filing it; and I said you cannot

take it off with that, I can take it off at home for you presently; he said I wish you would; he immediately put it into his pocket again.

Prisoner. There is no particular marks on that knife.

John Moody . I found some broken silver in a room, where I saw him chuck it down, and I saw him chuck the pocket books down.

Thomas Moody . I know this spoon to be mine; I have two or three of them they are marked.

Court to Prosecutor. How much money did you lose out of your bureau? - Why, I do not know in particular; the conjuror he left the principal part of the property behind him; he took twenty guineas I believe out of my bureau; I found it not in the place where I left it, and the bureau broke open; I found it in the inside of the bureau, but when the flap of the bureau was down, it was not in the place I left it.

Prisoner. My Lord, I was in next door; I kept company with a young woman that lived at his house; I went in, finding her not there, I went up stairs; before I could well get up stairs, John Moody came in; I told him I found the door open; they came in, and took me prisoner.

What business had you there? - I went in after a young woman that I had sat hours with before.

Court to Moody. Had you any young woman in your house? - We have a young girl there.

Did this young man come after her? - I never saw them together in my life.

Prisoner. I expected several people to come, but it is a very wet day, I do not think they have come.

Court. Shall I ask any of these witnesses as to your character? - If you please, my Lord.

Court to Stephens. What sort of character did this young man bear to this time? - The character of a thief.

What, before this? - Yes, he bore a very bad character.

Jury. What business? - I know no business he ever was.

Prisoner. I am a gentleman's servant.

Court to John Moody . In what part of the bureau did you leave your money? - I left it in a drawer, and when I went up, the flap of the desk lay open.

GUILTY, 39 s.

Not guilty of the burglary, nor of breaking the house in the day time.

Transported for seven years .

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

Reference Number: t17871024-29

840. JAMES WILSON was indicted for stealing, on the 27th of August last, eleven pair of leather boot legs, value 39 s. four pieces of cordovan leather, value 20 s. three pair of leather welts, value 2 d. six pair of mens leather soles, value 3 s. six pair of leather heel-pieces, value 18 d. a pair of boy's shoes, value 2 s. the property of Robert Taylor .

And WILLIAM HOLLIER was indicted for receiving on the 27th of August last, one pair of boot legs, value 3 s. a pair of boy's shoes, value 2 s. two pair of soles, value 2 s. a pair of leather heel-pieces, value 2 d. part of the said goods, knowing them to be stolen .

ROBERT TAYLOR sworn.

I am a shoemaker in the Strand ; the prisoners are shoemakers; Wilson has worked for me about two months, and he has lodged and worked part of the time with the prisoner Hollier.

Mr. Garrow, prisoner's counsel. What is that paper you are looking at? - It is merely to refresh my memory.

Court. I see no objection to that.

Mr. Garrow. It is word for word; it is a mere story.

Prosecutor. The prisoner Wilson, lodged and worked most part of the time with his

fellow-prisoner; after he lodged in my house, I found I had been robbed; he begged the favour to lodge with my aprentice a few nights, because his shop-mate's wife was come to town; he certainly lodged there one night; about three weeks after, I missed some goods out of the room where he slept; I will not be sure of the day; I found most part of these goods at his sister's with the constable; the things were tied-up in James's apron; I could swear to the goods, they are in the Court; he confessed his shop-mate had induced him to commit the robbery.

Was there any promise of favour made him to tell? - Yes; we went into the room to him, I told him, if there was any thing more and he would confess before I went out of the room, I would shew him all the mercy I could; he would not; but after he went out of the room I told him I would not forgive him if he did not tell the whole; when he came to the Justice's, I do not recollect any promise being made him; he confessed before Sir Sampson, that his shop-mate had induced him to commit the robbery, and we found the rest of the goods in Hollier's room; Hollier worked for another master; at Hollier's were found a pair of boot-legs, and some odd pieces of leather besides; they were marked with a G and B, the currier's mark.

Mr. Garrow. In what part of his house were the things found? - Hollier took part of them out of a closet in his room; he produced them there as things brought by the other prisoner.

The prisoner was in the habit of taking things there that were to be worked up? - Yes.

JOHN FORNEAUX sworn.

I am the constable; I was called on the 17th of September to execute a search warrant for one Mr. Grant in Princes-street, Drury-lane, with Mr. Taylor in company; we went to Baker's shop, No. 383, in the Strand; Taylor and Grant entered the room before me, I looked into the passage and found the boot legs.

Did Wilson say any thing about the things that were found at his brother-in-law's? - I do not recollect he did; he acknowledged the whole of the robbery, and said the other persuaded him to it.

Court. There is no evidence against Hollier, but the declaration of the other prisoner.

JAMES WILSON GUILTY .

Transported for seven years .

WM. HOLLIER, NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-30

841. MARY, wife of WILLIAM BURGESS was indicted for stealing, on the 29th of September last, two linen sheets, value 3 s. a tea-chest, value 12 d. two guineas, value 2 l. 2 s. one half-guinea, value 10 s. 6 d. and 25 s. in monies, the property of James Detheridge , in his dwelling-house .

JOHN EBERALL sworn.

I am servant to the prosecutor; he is a smith ; he lives in Strutt's-alley, St. Luke's ; I saw my master come and seize the prisoner with the property; I was at work with him in the shop, and I saw the officer take her; I went out of the shop and assisted him; I saw the prisoner come out of my master's house, and he took her and sent for an officer, and he took her; he is not here; he took a tea-chest and sheets out of her apron in my presence; and he broke open the tea-chest and there was the money in it, in the presence of the people and me; there was two guineas, and a half-guinea, and some loose silver, my master is gone to fetch the property.

JAMES DETHERIDGE sworn.

I am a nailor; I remember the prisoner; between two and three; I was at work in the lower shop, and I turned about, having

finished making one of the nails, and saw the prisoner come down stairs; I followed her, and caught her within a few doors; I found two linen sheets and a tea chest, two guineas and a half, 22 s. in shillings, a half-crown piece, a sixpence, and some halfpence; the prisoner said some man threw it into her apron as she stood at the door; I saw her come out of my house down two or three steps; nobody lodges in my house; the things have been in my possession ever since.

(Produced and deposed to.)

The sheets were taken out of a chest of drawers in the one pair of stairs room, and the tea-chest stood on a box in the room, with the money, two guineas and a half, 22 s. a half-crown piece, and one six-pence, I had seen the money and the things not an hour before; I had been taking some from it to pay away.

PRISONER's DEFENCE.

I was looking for a man to give me an account of some money received; I had a direction in writing; I was going up the street, and a man met me just at the door of this man's house; I gave him the paper to read, and he gave me the things to hold while he went to find the place out, and and this gentleman came and took me into custody; I never saw the man since; I never was in prison in my life.

Prosecutor. I saw her come down stairs; she said there was a man with her, and I went to search and found nobody.

GUILTY , Death .

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

Reference Number: t17871024-31

842. MARY TUCK was indicted for stealing, on the 27th of September , a bolster case, value 3 s. a cotton waistcoat, value 1 s. a cloak, value 2 s. a table-cloth, value 6 d. an apron, value 6 d. the property of Robert Wafeld .

ROBERT WAFELD sworn.

I am a poor labouring man ; I lost some wearing apparel the 27th of last month; I saw the prisoner once; I never saw her but once, that was at the office after she was taken; I lost this out of Kingsland-road ; I gave 5 l. a year for a little house; I lost a cloak of my wife's, an apron, and a table-cloth; when I returned to breakfast between eight and nine, my wife told me the house was robbed.

ANN WAFELD sworn.

I was in bed; I saw the things the night before; I pulled them off myself; when I got up, I missed them; I went to all the pawnbrokers, and in one, I saw them lay; then I took my oath to them; the pawnbroker's name is Southey.

- SOUTHEY sworn.

I am servant to the pawnbroker; I produce the things pawned by the prisoner.

PRISONER's DEFENCE.

A man gave them to me to pawn; his name is John Meriman , in Brick-lane; I told the officer so.

GUILTY .

Transported for seven years .

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

Reference Number: t17871024-32

843. WILLIAM THOMPSON was indicted for stealing, on the 1st of October , a printed cotton gown, value 5 s. the property of Ephraim Carter .

EPHRAIM CARTER sworn.

I keep the Horns at Shoreditch ; on the first of this month, the prisoner came into my house, about ten in the forenoon, with a bundle under his arm, and desired to have the bundle taken care of; all at once he was gone out of the house; he went up stair's into the two pair of stairs room, and there he took this gown, then he continued

till two in the afternoon; he said, I have been in bed, and do not you like it; I said, if you have been there, you have been there to rob me, and he looked very large round; I had him searched, and the gown was found upon him.

SAMUEL HARPER sworn.

I searched the prisoner; in his breeches I found this gown, it has been in my possession ever since.

(Deposed to by Mr. Carter.)

PRISONER's DEFENCE.

I just came into town at the time; when I went to this gentleman's house, and I was so intoxicated with spirituous liquors, I did not know where I was; I gave my bundle to the people of the house, and desired them to shew me up stairs to bed, which some of them did; when I got up, I came down stairs immediately; how I came by this property, I cannot tell; I was entirely intoxicated through the whole business; I came from Bromsgrove, in Worcestershire.

Court. What trade are you? - A hairdresser.

To Prosecutor. What is the gown worth? - About a guinea.

GUILTY .

To be privately whipped and imprisoned one month .

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

Reference Number: t17871024-33

844. JOSEPH WIGGINS was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Britton , about the hour of three in the night on the 27th of September , and stealing a looking-glass, value 40 s. and a table-cloth, value 6 d. his property .

The parties not appearing, the prisoner was ACQUITTED .

Reference Number: t17871024-34

845. The said JOSEPH WIGGINS was again indicted for stealing, on the 17th of September a cotton coat, called a thickset coat, value 4 s. a pair of leather breeches, value 2 s. the property of Thomas Greaves .

The parties not appearing, the prisoner was ACQUITTED .

Reference Number: t17871024-35

846. MARY HILL was indicted for stealing, on the 27th of September last, one stuff gown, value 18 d. one linen apron, value 12 d. one silk handkerchief, value 6 d. the property of John Davis .

NOT GUILTY .

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

Reference Number: t17871024-36

847. JAMES SHIRLEY was indicted for feloniously stealing, on the 8th of September last, a grey gelding, price 3 l. the property of Challis Martin .

CHALLIS MARTIN sworn.

I am a baker , I live at Hayes ; I lost a grey gelding on the 8th of September; I turned him into a common field, and never saw him afterwards till he was brought back.

EDWARD WITTSHIRE sworn.

I am a day-labouring man; I live at West-End, in the parish of Northaw, I met this lad and the prisoner with the horse on Monday, between seven and eight in the morning; he was riding upon him in the horse-way; just before I came to him he turned out of the road into the footpath under the hedge, and let me go by; I spoke to him, and said, how do you do, my lad, he did not speak to me, but hung his head down.

Did you know the horse before? - Yes, I knew both the horse and the lad.

Did you know the horse before you saw the Prisoner? - Yes.

Did you know then whose horse it was? - Yes.

Did you ask him how he came by the horse? - No.

Were you so perfectly well acquainted with this horse as to be able to swear to him? - Yes.

What marks has he? - He is a grey horse; I cannot swear to any particular marks; I know him because he is the prosecutor's property.

What acquaintance had you with this horse? - At times, for a twelvemonth, I have seen him twenty times.

No particular mark in him? - No.

Can you undertake to swear this was the horse of the prosecutor? - Yes, I can swear to the horse.

Court. What day was the 8th of September? - It was on a Saturday; the next day I heard the horse was lost; I told that to James Roe .

How came you not to mention it to the prosecutor? - He was not in then, but soon after he came in, and I told him.

Court to Prosecutor. When did you receive information that the prisoner had your horse? - Either the Sunday or the Monday.

FRANCIS PRICE sworn.

I live in Parrot's-court, Oxford-road; I have been a hackney-coachman, and I am now servant to Mr. Mitchell; I buy and sell horses for myself; I met the prisoner on Monday morning, six weeks last Monday; he asked me the way to Smithfield; I never saw him before; he was leading a grey horse; I told him it was not market-day to sell horses there; then he asked me if I had a mind to buy him; I asked him the price; and he asked five guineas; I told him I would not give any such price; at last we agreed, and I bought him for two guineas; I asked him how he came by the horse; he said his father was a master-baker at Hayes, and he had declined that, and had got into the farming business, and he had had the horse eight years, and this horse was not strong enough for his work; I gave him a shilling earnest, and took him down to the Swan at Knightsbridge, to get the remainder of this money; I found my master there, and paid the boy for the horse; I paid him two guineas, and he desired I would give him a not to satisfy his father that he sold him for no more money; I told him if his father was not willing to take the money for the horse, and would give me the money again, I would return the horse, he paying for the night's keep; I kept the horse two days and one night; I put him into a cart of my master's; the horse did not suit him, and he sold it for two guineas and a half, to one Mr. Sadler; my master's name is Wycherlae; the constable took the horse from Mr. Sadler's field.

WILLIAM COOK sworn.

I am constable of the parish of Hayes; I took this horse as I was going along with the prisoner in a cart, I saw the horse in a field; I was going to take the prisoner to London, as Mr. Martin was not there, I went no further than Kensington; the prisoner said, that was the horse which he sold to Mr. Wycherlae.

Did you make him any promise or threat to induce him to make that confession? - No; then I stopped the cart, and the boy said, he was sure that was the horse; I knew the horse, and I was satisfied it was him; it is a very remarkable horse.

Wycherlae. This horse was bought by Price for me; I sold it to Mr. Sadler, at the Crown at Kensington, for two guineas and a half; he was broke down very bad behind, and could not go above a mile an hour.

Of no great value, I suppose? - I should have thought at that time, he was worth about 4 l. I took the horse and led him up to grass; the prisoner said, that is the horse that I sold to Price, and the prisoner said, that Price ordered him to bring another if it was a grey one; then I enquired who the field belonged to; and I found this horse belonged to the gentlewoman of the house; Mrs. Sadler, the Crown at Kensington; the gentlewoman gave me the liberty to take him back to Mr. Martin's; Wycherlae had sold him to her.

Court to prosecutor. Do you remember Cook bringing the horse to you? - Yes.

Is it the same horse? - It is; it is a very remarkable horse, he had a sore back, robbed by the cart saddle; he was wrung in the shoulders, and let down very low behind, and a little before, he had a wart on the shase; the constable brought him home, and kept him in custody for a week; I

have had him four or five years; I have no doubt of the horse; the prisoner lived at Hillingdon, about a mile and a half off; he is a labouring boy .

Jury. Was this horse on an open common? - In a common field.

Prisoner. I have nothing to say.

GUILTY , Death .

(Aged 17.)

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

Court to Price. You appear here in a very bad light, buying this horse, and if it can be proved what one of the witnesses has said, that you ordered him to bring another horse, and that could be brought home to you, I certainly should order a prosecution against you; it is owing to such people as you, that servants are induced to rob their masters.

Reference Number: t17871024-37

848. THOMAS KENNEDY was indicted, for that he on the 26th of September , about the hour of four in the night, being in the dwelling-house of Richard King ; feloniously did steal, one ounce of cut gold, value 3 l. 17 s. twenty ounces of silver, value 5 l. seven pair of silver shoe-buckles, value 10 l. one pair of silver knee-buckles, value 2 s. six pair of paste knee-buckles, value 40 s. three pair of ditto, value 10 s. two silver pencils, value 4 s. a silver pint mug, value 2 l. 7 s. three gold pins, set with pearls, value 3 l. 10 s. three other ditto, value 6 s. a silver pin with a gold edge, value 4 s. four paste pins set in silver, value 10 s. two paste lockets set in silver, value 8 s. one large paste pin set in silver, value 1 l. 10 s. two metal bracelets. value 20 s. a diamond ring, value 20 s. a hoop ring, value 30 s. two gold rings with paste, value 30 s. a gold ring picture, value 24 s. three gold rings, value 4 s. three garnet rings, value 15 s. sixteen plain ditto, value 3 l. 10 s. five cornelian seals set in gold, value 6 l. three mourning rings, value 24 s. two pair of gold car-rings, value 40 s. two pair ditto, value 20 s. ten penny-weight of pearls, value 6 l. 10 s. ditto, value 23 s. a pearl drop ditto, value 40 s. a silver case, value 2 s. a ditto with instruments, value 10 s. a tortoishell case mounted in gold, value 5 s. a mother of pearl ditto, with a gold rim, value 5 s. a pair of gold ear-rings, value 5 s. two steel watch-chains, value 8 s. three metal chains, value 12 s. four pair of silver stands, value 6 s. two pair of mocoa sleeve-buttons set in silver, value 3 s. ten pair of silver studs, value 15 s. six pair of metal sleeve-buttons, value 1 s. three pieces of gold, value 2 s. twenty stones, called Gibraltar stones, value 1 s. two steel watch-keys, value 6 d. four metal watch trinkets, value 1 s. and four guineas, the property of the said Richard King ; one bank note, value 10 l. one other ditto, value 10 l. the property of the said Richard, and the several sums of money secured thereby, then due, and unsatisfied to him; and being so as aforesaid in the said dwelling house, feloniously and burglariously did break to get out of the same .

RICHARD KING sworn.

I am a silversmith and jeweller in Oxford-street ; my house was robbed on the 26th of September; the prisoner was my servant , and slept in the shop for safety; he went on that evening apparently to his bed, about ten; I had no alarm in the course of the night; the maid-servant came up in the morning at eight o'clock, and said, Thomas had not opened the shop, and she could not make him hear; I hastened down as quick as I could; when I came down, I saw the bar which went across the shop door that came into the street, was taken down, and laid across the stool; it was locked over night, and here is the key that went through the pin; through this key was a padlock; the key was broke, and then he could get the padlock off; I went in through the parlour; I missed a great

quantity of goods; the goods were all in the indictment.

Tell me some of them? - My till-drawer was broke open, and a great many different things were taken out; I had in this box, two ten pound notes; they were gone, and I think there were six or seven guineas, but I put down four in the indictment; there was, I think, four guineas and a half in cut gold, and another guinea which was not base metal, but rather an inferior gold; it was worth about sixteen shillings; a good many of the things were found again in the officer's hands, and I have a pair of silver buckles which were sold at Deptford; I went down there by the prisoner's direction; when I found the prisoner was gone, I went to Bow-street and gave information; the prisoner was taken on the Saturday; it was the Thursday morning I went to Bow-street; I saw him on Saturday evening at the office in Litchfield-street; there was an examination at that time in my presence, that was not taken in writing; here is a dark lanthorn that was left in the shop, nothing else particular, that I observed; I never saw the dark lanthorn before that morning; when first I saw the prisoner, he downed on his knees, and begged I would forgive him; I went down to Deptford by the prisoner's direction, and there I recovered a pair of silver buckles; he told me he had sold a pair of silvers, a parcel of dollars, and some light gold; I do not know the person's name, he is not here.

Mr. Scott, prisoner's counsel. Are you sure the night this robbery was committed Kennedy was in your house? - Intirely so, I am positive of that.

Mrs. KING sworn.

I saw the shop door fastened the night before the robbery; I saw the prisoner in the shop at ten o'clock; I left him there to go to bed as usual; I was not-alarmed before my husband in the morning.

ELIZABETH GRIFFITH sworn.

I am servant to Mr. King; I got up at six o'clock, I observed nothing at first; between seven and eight, I observed that the shop was not open, and I went and called at the door, and could not get anybody to answer, then I went into the parlour that goes into the shop, and I saw the bar was off the shop door, through the glass window in the parlour, and I went and told my master.

Was it day-light when you got up? Yes, I went to bed the night before at ten o'clock; the prisoner was at home.

CATHARINE FINLEY sworn.

I saw a light in Mr. King's shop, on the 27th, in the morning about four o'clock; (I live opposite;) I happened to be up in the morning, and through the casement of our window, I saw a light; I was surprised to see a light there, as I had never seen it before.

JOHN TYLER sworn.

I am a pawnbroker in West-street, Seven Dials with Mr. Evans; I produce a pair of stone buckles, nothing more; the prisoner came on Saturday afternoon the 29th, and offered to pledge these buckles; I am positive to the prisoner; I never saw him before; I asked him how he came by them; he told me, a gentleman made him a present of them in the country; I asked him, what motive a gentleman had for so doing, when he could not wear them; I asked him, what the gentleman gave for them; he said, it would have been impertinent in him to have asked him; he said, he hoped I did not think he had stole them; I told him, I had my doubts; says he, you may refer for my character to the Bishop of Llandass or Radnor; I said, I must beg you to go a little way with me; says he, with all my heart; I was going to the house where my master was; before we got half way down the street, he beckoned to a companion that stood over the way; he came up and laid hold of his arm on the other side; we went about ten yards farther; he asked me where I was going to take him; I told him a very

little farther, and begged he would go quietly along; we came then to crossing the way, and the other gave him a jerk and pulled him out of my arm, the one ran up St. Martin's-lane, and the prisoner up Castle-street; I took him directly after in Mercer-street, in Long-acre; he never was out of my sight; I then brought him back with me; somebody stopped him, I do not know who, there were two or three men round about; I brought him to the Rotation Office, Litchfield-street, and delivered him to Mr. Dixon the officer; the buckles have not been out of my possession never since; here is the shop-mark on them, it was the card that gave me the first suspicion.

(Deposed to by Mr. King, having the shop-mark upon it.)

Tyler. Had not this card been on them, I should have done exactly the same.

Court. I wish every body acted with as much caution; you have acted very proper.

JOHN DIXON sworn.

I received charge of the prisoner; I took him into the back room; I searched him, and found these things upon him; some were taken out of his pocket, and some were found in another place; here are eleven plain gold rings in this case; they were all in his pockets, and here is a diamond ring, and an odd ear-ring, and some small pieces of gold, some studs, and other things; here are two pair of stone knee-buckles, two pair of silver knee-buckles, four gold seals, a mother-of-pearl tooth-pick-case, mounted in gold, a paste star, it is the head of a pin, several watch-chains and keys: (Deposed to by the prosecutor,) there are a great many I can swear to for certain; I can swear to this box; it was taken out of my till; it is a tortoishell-case, with a glass in it for a near-sighted person; it is not new; I am clear of several other things.

What is the value of these things found? - I suppose 30 l. I have valued the paste buckles at the pawnbroker's at two guineas.

Dixon. I understood by the pawnbroker that Mr. King had been robbed of a great many things; the prisoner had been advertised; I went to the tailor's in the Strand, where the prisoner directed me, and in his great coat pocket, I found this 10 l. note.

Mr. King. There is some of my writing on the back of it.

Dixon. The prisoner told me his great coat was there, there was no promise of favour made to him at all; he did not hesitate a moment about telling, and in another coat pocket there were some pearls, and gold beads; these things I found in the receiver's pockets; he is not in custody.

Court. Then if you deliver them to Mr. King, they must be marked now, if they should be wanted to be produced in evidence against the receiver.

Mr. Scott. Have you ever seen this young man? - No.

Court to King. You have seen these things that were found at the receiver's? - Yes.

What may the value of them be? - About three pounds.

Court. Let them be sealed up after this trial, and let the officer keep them till the next sessions.

Dixon. I searched him, and found five guineas in a purse, and the prisoner said that was the produce of his master's property.

- DEAN sworn.

I produce a pint mugg, which I bought of a young man that said he came from Hertfordshire; it was not the prisoner.

Mr. King. This is my mug; he was very genteelly dressed; I paid the full price for it; I can swear to the mug at any time; it has had a false bottom; it has several holes in it.

Prisoner. I have nothing to say.

Court to Prosecutor. How did you come by this young man? - I advertised for a servant, and this young man came; he mentioned his friends; his father keeps a house of industry at St. Ive's, and his brother who belongs to the excise, gave him a good character; I enquired of the brother's character there, and I heard he was

in the excise, and had a little estate of his own in the country.

GUILTY , Death .

Prosecutor. I wish to recommend him to mercy.

Court. I can never disapprove of any thing that arises from a motive of humanity, but compassion must not interfere with public justice, and the public safety; this offence is of so dangerous a kind to society, that no tradesman, no merchant, no gentleman can be secure, if confidence cannot be placed in their servants, and especially in those servants that are entrusted, particularly this unfortunate young man was entrusted by you to sleep in that shop for protection of your property, and he has availed himself of that opportunity to plunder you of that property which he was entrusted to protect; under those circumstances, it would be impossible for me, as a Judge to interpose at all, or to recommend him to his Majesty's mercy; the King will dispose of him as he thinks fit.

Court to Tyler. The Jury having convicted the prisoner of burglary, as your conduct has been very meritorious, if you will apply to me in proper time, you shall have a considerable share of the reward.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-38

849. CHARLES KNIGHT was indicted, for that he on the 9th of October , upon one John Gardner , in the peace of God, and our lord the king, then being, feloniously, and wilfully, and of his malice aforethought, did make an assault; and that he with a certain blunderbuss, of the value of 5 s. charged with gunpowder and divers leaden balls, which he in his right hand then had and held; to, against and upon him, the said John did shoot and discharge, and that he, with the leaden balls aforesaid, out of the said blunderouss aforesaid, by force of the said gun powder, so discharged as aforesaid, in and upon both the thighs near the groin of him the said John, feloniously, wilfully, and of his malice aforethought, did give him, in and upon the left thigh, near the groin of him the said John, one mortal wound of the depth of four inches, and of the breadth of half an inch; one other mortal wound of the depth of four inches, and of the breadth of half an inch; one other mortal wound of the depth of four inches, and of the breadth of half an inch; one other mortal wound of the depth of four inches, and of the breadth of half an inch; and also did then give him the said John, in and upon the right thigh of him the said John, near the groin of the said John, one other mortal wound, of the depth of four inches, and of the breadth of half an inch, of which said wounds, the said John languished till the 12th of October, and languishing, did live, and on the said 12th of October, the said John, of the wounds aforesaid, did die, and so, the jurots upon their oaths do say, that him the said Charles, him the said John, feloniously, wilfully, and of his malice aforethought, did kill and murder .

The case opened by Mr. Garrow.

May it please your Lordship, and you Gentlemen of the Jury, I am counsel in this prosecution against the prisoner, who is charged as you have heard, with the offence of wilful murder. Gentlemen, of course, when that is stated to you, you will fell that it is a subject that calls for your best attention, and if cases of murder generally call for attention, the present peculiarly calls for it; I am aware from what has passed before the Coroner, that the question will be, whether he has been guilty of murder; or if not, whether he has been guilty of a very bad, and a very unprovoked manslaughter, at the least before the Coroner; there has been an enquiry, and the Coroner's Jury have returned, that this man killed the deceased in his own defence. Gentlemen, you are by no means bound by that finding; if they had found him guilty of murder, you would have been bound by that. Gentlemen, I shall call to you, all the witnesses, persons that will tell their own

story to you; and the only object of those that sent me here, is, that public justice may be done, after a full, and a fair investigation between the parties. I need not tell you, that in order to constitute the offence of murder, there must be in the mind of the perpetrator of the act, some malice, some actual, clear, palpable malice towards the person, the object of resentment, or some implied malice from that sort of gross misconduct that has a tendency to the prejudice of his fellow-creatures. I have it not in my power to lay before you any circumstance, from which I can state an inference of any malice pre-subsisting; as far as it came to my knowledge, they were entire strangers to each other; but still, the case stripped of actual malice towards this man, demonstrates a savage and brutal disposition, a brutal and unprovoked attack. My Lord will tell you, I apprehend, that such a case might under the particular circumstances be constituted a murder.

Gentlemen, I proceed to state to you, the circumstances as shortly as I can; I do not affect to state them with great particularity, because, I would wish you rather to hear them from the witnesses. Gentlemen, the prisoner was gardiner to Mrs. Drake of Knightsbridge ; the deceased had been formerly a captain of a ship , and had lived in a respectable line of life; a man of very good character; he had, however latterly, fallen into misfortunes; his family was in a distracted state; his children and his wife did not live with him, and this unhappy man it is but too probable, was deranged in his intellects; he had taken it into his head, that his wife lived in the family of the Duchess of Devonshire, and on the evening of this accident, he went to the house of Mrs. Drake, mistaking it for the house of the Duke of Devonshire; he knocked vehemently, was inportunate in his demand to be admitted, and insisted on going in; he was spoke to by the watchman and the prisoner over the wall; at last, one of them, I believe the watchman, opened the door; upon which, he went into the yard; he still insisted he would have his wife, and made a great outcry there; there was a Mr. Danby who is unconnected, I believe, with the prisoner and the deceased; I do not know him; he interfered to prevent: more disturbance; upon which, I understood, he gave to Mr. Danby a blow; Danby took the firelock from the watchman, which had a bayonet to it, and told him, if he did not keep off, he should certainly fire; he did not fire, keeping his temper; the man, too probable, from not being much afraid of fire-arms, from his state of life, and the unhappy state of his mind, still insisting on the possession of his wife; upon which, the prisoner, who at that time had a blunderbuss loaded, without further provocation, as far as I know otherwise; I should state it to you instantly; discharged that blunderbus at the unfortunate man, and shot him through his thighs; he languished a few days in the hospital, and died beyond all controversy; the prisoner was the man that discharged the blunderbuss; and therefore, the only question you have to try, the only object of your enquiry will be this; what degree of guilt belongs to the prisoner: first, whether it was murder? next, whether it is manslaughter? and next, whether he is guilty of any offence? I own, I cannot bring myself to see any thing like a justification; any thing that shall reduce this to what the Coroner's inquest have found it: My Lord will tell you, that if in the street, a coachman was to meet me and beat me, I am not justified in drawing out my sword, I must retreat and avoid the danger; I must be in eminent danger of my own life; in order to do that, you would have this to enquire; whether one unarmed drunken foolish man, coming to claim with circumstances of disorder, the possession of his wife, could have been an object of terror, to two or three men armed with fire-arms, in a neighbourhood, where they might call in other assistance from the patrol and the neighbourhood? whether the deceased had assaulted the prisoner? whether the prisoner had been in danger of

his own life? whether there was any thing that in the mind of a man of common fortitude could have induced him to fire? if you think it was wanton, if you think it was unprovoked by necessity; it will at least be your duty to find him guilty of manslaughter; if you think a man, could be in circumstances of actual danger; from such an armed man, of which I have no conception, you will find your verdict accordingly. There are circumstances in this case, which seem to shew that the prisoner found no such necessity; I am told that he actually desired that the prisoner would not fire, and he replied, here are enough of us, we will take him neck and crop, and bundle him out of the house; that will make it extremely difficult to say, he is not guilty of some offence; it is very clear, a very melancholy accident has happened; it is necessary that accident should be enquired into; as for myself, I and the rest of the public will be satisfied with your judgment. Gentlemen, I will call all the witnesses, and you will act according to your consciences.

CHRISTOPHER DANBY sworn.

I am a carpenter and joiner, in Duke-street, St. James's; I sleep at present every evening at Kensington-house; the steward is in France, and I go by way of safeguard to the house. Last Tuesday was a fortnight, about half past ten, I got to the house of Mrs. Drake, when I crossed over the road, I found the deceased on the outside of Mrs. Drake's gate; he was rushing in a very violent manner; he had got hold of the handle of the gate, and was pulling it backwards and forwards to force himself in; he took no notice of me; says I, my friend, in the name of fortune, who do you want, or what do you want here; says he, I want my wife; are you sure she lives here; he came two or three steps from the door, and said, my wife lives wet-nurse to the Duchess of Devonshire; says I, this is not the place; I told him where the Duke lived; then he went to the gates, and rushed in the same violent manner; I went up to him, and desired him to desist, he was certainly mistaken; in the mean time, the prisoner came up with a blunderbuss in his hand; I saw them come from Knightsbridge; then the prisoner rung at the bell; Mrs. Drake, watchman, opened the gates; the prisoner went in; the deceased man rushed in after him in a violent manner, and put his foot over the gate; he looked over his shoulder, and said to me, come in, Sir; I did not go in directly, till the prisoner, and the house-watchman intreated me to go in; when I stepped within the gates, I found the deceased going up the steps to the front door, there he knocked in a violent manner with his hand; there was no knocker there, and he swore that this was the house where his wife lived, and he would go in; then I persuaded him again; I found all was to no effect; says I, it will be of no use to go in, if you will not go away, we will take you by the shoulders and turn you out; the deceased made no more to do, but he hit me a very violent blow on the under jaw and stunned me; then he ran down the steps again, stripped himself naked, and swore that he would lather me, them were his words; I went to Mrs. Drake's watchman, who had a soldier's piece with a bayonet fixed to the end of it, and desired him to lend me that piece that I might defend myself; and told him, I should be able to keep him off at arms length by it; he lent it me; the deceased by this time was stripped, and the prisoner told him; if you do not go away, you may depend upon it I will I will fire upon you; by this time I had the watchman's piece, and I told the prisoner, by no means do not fire whatever you do; then the deceased ran with his breast against the bayonet that I had fixed on the piece, and he says, fire away and be d - n'd, for I am the lad that can stand twenty balls; fire away, blast you!

He was at this time naked? - His jacket and his shirt were off.

He had some arms? - I saw none; I said then, my friend, if you do not desist,

I will make you; he took no notice of that, but immediately struck at the bayonet, and knocked it on one side from him, and then I moved on the opposite way to keep myself in opposition to him; then he struck it backwards and forwards two or three times, and in this struggle, the prisoner fixed, I apprehend, the intention of the deceased, was, to obtain the piece from me; he knocked my piece backwards and forwards with his arm; at that time without any thing said to the prisoner, he fired; the last words I said to the prisoner at the bar, was, whilst the man was stripping himself; I desired the prisoner not to fire; after the blunderbuss was fired, I perceived the deceased not so violent as before; so, I immediately said to him, my friend, what a silly man you must be; had you gone about your business, nothing of this would have transpired; he said nothing, but went and sat himself down on the steps; I took up his shirt and jacket, he up with his left hand, and hit me another blow on this side the face, and says, yes, b - st you, I am wounded in that manner: I left the prisoner; I saw the blood on the steps; I apprehended it came from him; I left word with the watchman and the prisoner, where I slept, and that I should be ready to appear; I went away then; I never saw the deceased before or since, nor never saw the prisoner before that night.

Did you see any thing at the time this man fired, that made it necessary to discharge any piece? - Yes, I certainly did; because I had every reason to suppose, that if this man, the deceased, had got possession of the piece, every man would have been in danger; he pushed it to and fro' in that manner, with intention, as I supposed, to take it from me; I thought so by his manner of conducting himself, swearing and blasting; he swore vengeance to every body; I cannot say whether he was sober or drunk; I thought he acted very indiscreetly; he must be either drunk or mad, but which I could not say.

How many of you were there present? - When the prisoner fired, there was me with the soldier's piece, that was all the armed men that was there; the watchman had no arms; his name is Davis; the other watchman came, but as soon as he found the man was troublesome he went away, as he says, to fetch another watchman.

Prisoner's Counsel. This was about half after ten? - As near as I can recollect; nobody was armed, but me with this musket which I have in my hand, which I suppose was loaded, and the blunderbuss which the prisoner had in his hand; I apprehended he was going to take this piece from me; I had no other reason to suppose it at at that time, he was vowing vengeance against every body; I do not know, whether he was hit on his thighs as he lay; I saw the blood on the steps; I cannot say how the prisoner's piece was fired.

HENRY DAVIS sworn.

I was Mrs. Drake's private watchman; at first when I came to the gate, my fellow-servant, the prisoner, came out after hearing a noise at the gate, and we asked who was there; this man made a great noise; the prisoner got up at top of the wall to see who it was; he asked what he wanted, he was swearing and blasting at the gate; he swore he would set us all in a flame; the prisoner went to call the watchman at Knightsbridge; I shut the gate after him; I kept the man out till he returned; when he returned, I let him in, and the deceased followed in after the prisoner, and he went up to the front door; then Mr. Danby asked me for my piece, and getting to the steps, the prisoner wrenched off his shirt; he had only a shirt, and waistcoat without sleeves on; while we were in a struggle, after that, the piece was fired upon him; I was on the right hand side of Mr. Danby when he fired his blunderbuss, the prisoner was a little on the right side of us, rather a little behind; I did not hear a word said about firing, I was all in a hurry and fright; I never saw the man afterwards nor before.

Mr. Fielding. The poor man was a stranger to you and your fellow-servant? - Yes.

Was the prisoner in the house the first time he came to the gate? - Yes, at the time when the prisoner fired, Mr. Danby and the deceased were struggling for the piece.

What distance was that? - About a yard I fancy, I cannot say.

Your piece was loaded? - Yes.

Mr. Garrow. Would there have been any difficulty in you three securing him? - The man being naked there was nothing to hold him by.

- WITHERS sworn.

I am a watchman, I was the man that was fetched by the prisoner, I saw nothing of what passed in the inner court; when the deceased got upon the steps, the watchman had the bayonet fronting him; you b - y b - r, says he, run it thro' me, I can eat red hot balls; says I, be advised and go out of the yard quietly; says he, no, you b - y b - r; then I heard the blunderbuss go off, I went back, and saw the prisoner lay bleeding in the yard.

SAMUEL MAYNARD sworn.

I am one of the Bow-street patrol; I came up after the accident; I found him in the yard on the front steps leading to the door, laying naked and bleeding, nobody was near him; I asked what was the matter; I saw the prisoner there with the blunderbuss at the time; I asked who it was that had shot the man; he said, I have; I said, could not you get assistance to take the man, do not let the man lie here and die; I went with the man in a coach to the hospital, I never saw him after that night, I saw him after, he died on the Monday night following, Hughes is my partner, he knows no more than me.

- MONTAGUE sworn.

I am a surgeon belonging to St. George's hospital; I attended this man when he was brought in, about half past twelve on Wednesday morning; the morning of the accident, he was brought to the hospital, and every thing necessary was done for him; he was put to bed, he had lost a great quantity of blood, it was not necessary to take any more from him; I saw him at half past twelve, he seemed as if he had been asleep and recovered from a drunken fit; I asked him how it happened, he could not tell me; he continued on Wednesday and Thursday, and Friday he died; there were three wounds, one on the left thigh, and one on the right, gun shot wounds; I extracted the balls the day after his death.

In your judgment did these wounds occasion his death? - Yes, it was not thought necessary to extract them in his life-time, I had the advice of other people.

Mr. Fielding. My Lord, I have a vast number of witnesses here to the humanity of this man.

Court. The question is not, whether this is a murder or no, I think it is very clear it is not; here was a scuffle, and in consequence of that the deceased was slain; but the question is, whether it was a manslaughter; he was justified in killing him, if he either thought him to be a thief attempting to break open the house of his mistress, or to preserve his own life, or the life of the person who came to his assistance; in either of those cases it reduces it to self-defence; if you think that that firing was rash, and that that violent measure need not have been made use of, you will find him guilty of manslaughter.

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

GUILTY Of the manslaughter, but not of the murder .

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

Court. How long has he been in prison? - He surrendered.

Court. Charles Knight, you have been indicted for the murder of John Gardner , by shooting at him with a blunderbuss; the Jury have acquitted you of the capital

part of the charge, and found you guilty of manslaughter; there are a great many extenuating circumstances in your case; it is possible you might think your own life, and that of the person that came to your assistance in danger; I shall therefore impose as slight a punishment upon you as I can.

Let him be fined 1 s. and discharged .

Reference Number: t17871024-39

850. HENRY BAKER and THOMAS SLADE were indicted for stealing, on the 6th day of October , a silver tankard, value 49 s. the property of a person unknown.

The witnesses not appearing the prisoners were BOTH ACQUITTED .

Reference Number: t17871024-40

851. The said HENRY BAKER was again indicted for stealing a silver tankard , on the 4th of October , the property of a person unknown.

ACQUITTED .

Reference Number: t17871024-41

852. ANN BONE was indicted for stealing on the 7th day of October , one silver watch, value 50 s. a chain, value 6 d. a seal, value 12 d. the property of Joseph Mole , in the dwelling-house of John Shaw .

The prosecutor not appearing, the prisoner was ACQUITTED .

Reference Number: t17871024-42

853. ELEANOR TOUGH was indicted for stealing on the 15th of October , one half guinea the property of Thomas Holmes .

The parties not appearing, the prisoner was ACQUITTED .

The last four prisoners were tried by the first Middlesex Jury before Mr. Justice HEATH.

Reference Number: t17871024-43

854. MARY WILLIAMS was indicted, for that she on the 3d day of October , feloniously did take away with intent to steal, embezzle, and purloin, one pair of sheets, value 3 s. two blankets, value 1 s. a pillow, value 6 d. a flat-iron, value 6 d. the property of Edward Hawkins in her lodging-room .

LYDIA HAWKINS sworn.

I let a room to the prisoner at half a crown a week; she entered on her lodging the same day about the 4th or 5th of September; I went to ask her for some rent one day, she gave me eighteen-pence; I missed the things, she had not left the lodging.

(The things produced by the pawnbroker.)

They were pawned by the prisoner; she said it was her own property; I knew her some time past.

Prosecutor. I cannot swear to them, but I had such things, there is no mark to them, I believe them to be mime.

GUILTY

Transported for seven years .

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

Reference Number: t17871024-44

855. WILLIAM CHARLES was indicted for stealing on the 28th day of September , an iron scale-beam, value 15 s. the property of John Hill and Robert Greatrix .

JONATHAN GREEN sworn.

I know the prosecutors Jonathan Hill and Robert Greatrix ; I know this beam was stolen, but who stole it, or when, I cannot say; it may be about three weeks ago, as nigh as I can guess, the door of the warehouse was not locked that night, in the morning it was gone, the warehouse was so full of goods we could not lock it.

Had you nobody to watch it? - No.

(The beam produced.)

I took it from the prisoner at half past

eight in the morning, the 28th of September last; I stopped him, he told me it was delivered to him by two men, and that they gave him four pence to carry it to the potatoe-warehouse in Broad St. Giles's; I have had the use of it every morning and night for these four years past.

PRISONER's DEFENCE.

I was going home, two men called after me and asked me to carry this.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-45

856. JOHN DON LEVI was indicted for stealing a bird-cage, value 2 s. and a live canary bird, value 3 s. the property of John Norton .

The prosecutor not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17871024-46

857. WILLIAM SMITH was indicted for stealing on the 25th day of October , a pair of leather breeches, value 20 s. and two pair of sheets, value 6 s. the property of David Linch .

The parties not appearing, the prisoner was ACQUITTED .

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

Reference Number: t17871024-47

858. ROBERT FOSGATE , otherwise WILLIAM JENKINS , was indicted for feloniously stealing, on the 24th of September , a cloth coat, value 30 s. a shirt, value 3 s. a waistcoat, value 4 s. a pair of stockings, value 3 s. another pair, value 4 s. two handkerchiefs, value 2 s. a pair of shoes, value 6 s. a handkerchief, value 12 d. the property of George Wilson .

The Witnesses examined apart.

GEORGE WILSON sworn.

I am a shoemaker in King-street, Westminster , I know the prisoner, he was a journeyman to my father; I put my cloaths into the box on the 24th day, they were taken on the 24th day of September, about ten o'clock; the box was in the room where we were at work; about twelve I went up to take a pair of buckles out; the shoes and all the things were there then; about one, or a quarter after, I was sitting in the parlour with my father, and saw the prisoner walk out; I thought I peceived a bundle under his coat, I had no suspicion; I went up in a little time, and looked in my box and missed my things; we went in pursuit of the prisoner, and looked into every public-house; he came out of one house; I took him by the collar; he was then taken to the Poultry-Compter; eleven shillings was found upon him; after that I went back again to take account of the house; he ran away when we pursued him; he ran with his face down and looking backwards; I never got any of my property.

EDWARD LARGE sworn.

What age are you; - Almost sixteen; I am an apprentice to the prosecutor; I was in the room when the clothes were put in the box, and before; I was in the room when my master's son took the buckles out of his shoes; then the clothes were in the box; I asked the prisoner to fetch me a pennyworth of pudding; he declined it because he had no money to fetch himself any dinner; I told him I would lend him a penny if he would fetch mine; so he went for two penny-worth; I was in the room

till I was called to dinner; I and the other two apprentices went down and left the prisoner in the room; I never saw him from that time; he was not up stairs when I came from dinner; it was a two pair of stairs room; my master's other son and his wife were in the one pair of stairs room; he did not go down; the son's name is John Wilson .

Prisoner. I came out of the room with them.

JOHN WILSON sworn.

I live in the one pair of stairs room in my father's house; I went up, as near as I can tell, about twelve, into the room where the prisoner usually worked and laid; he was sitting at that time on the box looking out of the window; the apprentice asked him to feth a penny-worth of pudding, I heard him decline it because he had no money for dinner; Large, lent him a penny; he fetched two penny-worth of plumb-pudding; I saw them eating it; then I came down between one and two; I heard a noise in the house, and I found my father had lost his clothes. I went with my brother in pursuit of him; it was about five hours after the robbery; when we took him we said, we have got you now, you have taken the things away; and he said, now you have got me, what will you do with me; we first saw him in Long-alley, Moorfields, about twelve yards distance, at a public-house door; I was past him; I looked behind me, and saw him come out of the door of a house in Long-alley, and cross into a passage; I said Josh! Josh! here he is! he saw me; he had his face over his shoulder, watching me for some distance; when I got into Moorfields, I lost him; he ran all the way till he was taken; nobody else was running; I found eleven shillings in his pocket.

PRISONER's DEFENCE.

I was in this public-house; I heard the cry of stop thief! and ran with the rest of the people. The prisoner called one witness to his character.

GUILTY ,

Transported for seven years .

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

Reference Number: t17871024-48

859. ELIZABETH GOSLING was indicted for stealing, on the 14th of September , one cotton bed quilt, value 18 d. a linen sheet, value 6 d. the property of Bridget Ryan , widow , in a lodging-room .

BRIDGET RYAN sworn.

I let a ready-furnished lodging to the prisoner, at 3 s. a week, in Short's garden ; I believe it is three weeks ago I missed the things in the indictment; they were part of the furniture that was let; I saw them the day she took the lodging.

WILLIAM THURSTON sworn.

I am servant to a pawnbroker; I produced a sheet and quilt that were pawned by a girl; I know the girl; she is not here; I do not know where to find her; they were pawned the 13th of August, and the 14th of September; they have been in my possession ever since.

(Deposed to.)

THOMAS MANS sworn.

I apprehended the prisoner, and found four duplicates upon her; I have two of them.

PRISONER's DEFENCE.

I gave her one part of her property in the office; I never gave up my apartment till she took me to the office.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury, before Mr. Justice HEATH.

Reference Number: t17871024-49

860. JOHN LEWIS was indicted for stealing, on the 27th of September , one looking glass, in a mahogany frame, value 7 s. the property of John Sharrot .

DANIEL SHARROT sworn.

I am son to the prosecutor; he lives in Ratcliffe-Highway ; he is a cabinet-maker ; I saw the glass thrown down; I ran out at the door, and saw the glass under his arm, about ten yards from the door; the shop-door was open; I missed it; I did not see him take it; I saw the prisoner drop it, and walk off very fast; I cannot swear to the looking-glass or the frame; it was such a one as I lost.

Prisoner. I was talking with my shipmates.

Prosecutor. He was not; I saw he was walking as fast as he could.

Prisoner. I never saw any thing was produced against me till the Monday morning; I am a sea-faring man.

Court. Did you charge him with it. - He said he never took it.

Prisoner. Upon my examination before the magistrate, the magistrate asked him did he see any person take it down; he said he saw a man's back towards him, and when he came out of the door he saw the glass laying down on the high road; he said he could not say it was me; says the magistrate, I suppose you have no doubt; he said no.

Jury. Where did the prosecutor find the glass? - The glass was dropped in the middle of the road; it was broke to pieces.

Court. What is the value of the glass? - 7 s. 6 d.

GUILTY, 10 d .

To be imprisoned six months .

Tried by the first Middlesex Jury, before Mr. Justice HEATH.

Reference Number: t17871024-50

861. JOHN JACKSON was indicted for burglariously and feloniously breaking and entering the dwelling-house of Richard Hughes , on the 27th day of February last, between two and three in the night, and burglariously stealing therein, one silver tea-spoon, value 12 d. two linen table cloths, value 10 s. one damask ditto, value 5 s. his property .

JOSEPH ELLIOTT sworn.

I am one of the patrol belonging to St. John's parish ; between the 27th and 28th at night, between two and three, I was standing in the horse-ferry-road, near the end of Masham-street; I heard the noise of dogs; I went round the fields along the lane towards the bank, within about 100 or 150 yards of Mr. Hughes's house; I peceived a boat lying on shore; and when I came near Mr. Hughes's house, there is a large door, and two or three large willow-trees; I perceived a man standing with his face towards one of the trees; I called to him, halloo! says I; what are you, says he, a watchman, what do you do here; he lifts the latch with his left hand, puts his hand back with the left arm, and shoved the bolt to the right, I said if you are a watchman, where are your arms? as I knew Mr. Hughes always furnished his watchmen with arms, I took hold of him and searched him, and found nothing on him; I said, I will see whether you work or watch for Mr. Hughes; he was very loath to go towards the house; I thought I perceived a light through the key-hole at the front of Mr. Hughes's house; I called to Mr. Hughes twice; the front door was open; two persons made their appearance; says I, does this man watch here; one of them said very low, yes; I called Mr. Hughes repeatedly two or three times over; four persons came out immediately, one of them had a crow and a dark lanthorn in his hand, after they got past me a few yards, they rapped out a very heavy oath, b - st your eyes, shoot him! says I, fire away! I have as many pistols as you have; the first pistol did not go off, the second did; I returned it; one of them clapped his hand to his side as if he was touched, and then to his face; there was a ball, with eight or nine slugs; the persons I imagined were wounded, they set off; I then went and called two of

Mr. Hughes's people; all this time Mr. Hughes's people were in the house; having discharged one pistol, and having no more ammunition, I thought it not proper to follow them; I went and searched the house; there was a pistol lying between the parlour door and the street door, and two bottles of spirits; they had broke into the house, and had wrenched out the iron bar of the cellar, where I suppose liquors are kept, facing that was the kitchen, where there was a quantity of linen; I saw no more of the prisoner till about four weeks afterwards; I heard he was in the New-bridewell precinct, St. George's-fields; I got our under inspector to go over with me, I gave him a description of the prisoner; I said as soon as I saw him, that is the person; he had a blue coat on, a flannel waistcoat, and a blue apron wrapped round his body; I saw him about four weeks after; says I to Mr. Knight, that is the very person I had hold of; the prisoner denied it strongly; I went away, and some time afterwards I went to the Rotation-office; I was subpoena'd down to Ryegate in Surrey, and there was bound over to attend here.

Had you a lanthorn with you? - No; it was quite star-light, and getting upon the bank, it casts a great reflection.

Could you swear, at the distance of four weeks, that you know that man again, having only seen him by star-light? - He was so remarkable, that I gave a description of him to Mr. Hughes, and they told me his name, and where he lived; Mr. Hughes would not go over with me; I even told them he was about as tall as me, if not taller, and a great deal lustier.

Was there any advertisement of this man put in the papers? - Not that I know of.

Prisoner. As they all knew where I lived at the time, why did not they come after me?

Elliot. Mr. Hughes's men who worked for him, knew where he lived, and by the description I gave, they told me where he lived.

Court to prosecutor. Are any of your servants here? - No.

And you was not there at the time? - I was not in the house.

JOHN BUTT sworn.

The prisoner was in custody, and brought to the bar at Union-hall, the latter end of March; I went and searched his lodgings, and found these things at his lodgings, which I produce; he lodged in Fore-street, Lambeth; his wife went with me; I found a center-bit, and a false key, chissels and bolts.

PAUL STOKES sworn.

I was set to watch, which I did three nights, and this prisoner came the third night to fetch some things away which I produce; this was after Mr. Hughes's house was broke open; it was in a little field near Camberwell, and these implements were found bid in the ground on a Monday night; here are two crows; the prisoner came about ten minutes after nine, and went down on his knees for the things, and we apprehended him; Taverner was with me.

RICHARD HUGHES sworn.

I was not at home; I have business that calls me out every evening at Covent-garden theatre; I do not come home till the next day; I left my house about five or six in the evening.

How came it that you did not apprehend this man? - I knew nothing of him, it was of no use my going; when the patrol came to my people, it was a fortnight or three weeks after.

Elliot. It was the same morning; I told the prosecutor I should know the man.

Court to prosecutor. How far do your servants live? - The man is not to be found that was in the house, he is not with me, and I do not know that the maid servant that lived with me is there now; there was nothing heard of this man till he was in in the New Gaol in the Borough.

Court. Elliot has said on his oath, that he told you the next morning that he knew

where the man was, and that he could take him into custody.

Prosecutor. Elliot came and gave a description of the man; and my men said, they thought it was the prisoner.

Court. Did any body take charge of the bundle of linen?

Elliot. It was taken up to Mr. Hughes's mother by the footman who lived there then.

Court to Jury. Gentlemen, there is no evidence.

NOT GUILTY .

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

Reference Number: t17871024-51

862. WILLIAM SORRELL was indicted, for that he on the 2d of October , about the hour of one in the night, being in the dwelling-house of Joseph Cowper , one coat, value 10 s. a cotton waistcoat, value 5 s. his property, did steal in the same dwelling-house, and afterwards about one in the night of the same day, the said dwelling-house feloniously and burglariously did break, to get out of the same, and did get out of the same .

A second count: For that he on the 2d of October about one, the same dwelling-house did break and enter with intention the goods, chattels and monies, feloniously and burglariously to steal, take, and carry away, against the peace.

JOSEPH COOPER sworn.

I keep the Marlborough Coffee-house in Great Marlborough-street ; the prisoner was servant to me till the 29th of last month, the day I discharged him; on Tuesday night, or rather on Wednesday morning the 3d of October, about half past one, I was disturbed by a person by my bed-side, taking my coat and waistcoat from a chair; I saw the figure of a person taking them away, and at the same time I saw him turning round to the adjoining room with the coat and waistcoat in his hand, and beginning to search the pockets, and on my speaking, he dropped the coat and waistcoat; he made no answer; I perceived the figure of a man going through the other room; I got up and followed him, I did not find him; I called the watch, and perceived the back door open, and a pair of steps set against the wall in the yard; when I got on the wall, I perceived somebody moving to the necessary in my neighbour's yard; I immediately jumped down and brought him out; I was exceedingly sorry to find it was that man who had been my servant; I asked him what brought him there; he said, he did not care, I could only transport him, or send him abroad: at eleven I examined my doors on the night preceding; I locked the street door, and both the other doors; there was no way to go out at the windows; I saw nothing broke.

All the reason you have to say that he broke out was, that you do not know how he could get out otherways? - I saw no marks of violence, but the yard door unbolted and half open, and near to it a pair of step-ladders placed against a wall in my yard; I bolted the door myself before I went to bed, I do every night of my life.

Then you saw a person searching your coat and waistcoat, and he dropped the coat and waistcoat and went away? - Yes.

How soon afterwards did you see him? - I suppose it might be in the course of a minute or two.

You saw a person in a neighbouring yard that you supposed to be the same, and apprehended him? - Yes.

You do not know that it was him? - No.

Was the ladder against the wall that parted your yard and the neighbouring yard? - It was.

Did that ladder always stand against the wall? - The prisoner knows better than me, it might be there at times without doubt.

What did he say when you apprehended him? - I expressed some feelings that I was sorry to find him there; and he said, I do

not care, you can only transport me, or send me abroad.

Had he any thing about him when you found him in the necessary? - We did not search him till afterwards.

He did not take any thing from you? - I do not know that he did.

JOHN MACKENZIE sworn.

I am a watchman; I was calling half after one on Wednesday morning the 3d instant, and heard watch called; I run to this gentleman who was looking out of his window in his shirt, he let me in, we searched the house, and went to the back door, and it was half open; in the yard we found the steps up to the wall where we thought the prisoner had got over, and the prosecutor went over and brought the prisoner back; he was hid, either within-side of the dust-hole, or in the privy in the next yard.

Prisoner. I did not know but my wife had been down that day in the room.

Prosecutor. I had not seen him that day.

PRISONER's DEFENCE.

I had been out at supper that night, and was rather in liquor, and a press-gang came by, and this door was open, and I went in to avoid the press-gang.

Court to prosecutor. Was your chamber door shut when you went to bed? - I cannot tell.

NOT GUILTY On the first count.

NOT GUILTY On the second count.

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

Reference Number: t17871024-52

863. THOMAS SMITH , otherwise called, OXFORD TOM , was indicted, for that he, on the 26th day of January , in the 26th year of the king's reign, about one in the night, the church of Ealing , feloniously, burglariously, and sacrilegiously, did break and enter, and three surplices, value 30 s. one damask table-cloth, value 20 s. three cushions made of mohair and worsted with brass rings fixed thereto, value 20 s. the property of the parishioners of the said parish, in the custody of the church-wardens in the said church, did steal .

Another Count: For that he on the same day, three other linen surplices, value 30 s. one other damask table-cloth, value 20 s. and three other cushions made of mohair and worsted with brass rings fixed thereto, value 20 s. the property of the parishioners, in the same custody, feloniously and sacrilegiously did steal, take, and carry away.

The case opened by Mr. Garrow.

RICHARD ATLEE sworn.

I am parish clerk of the parish of Ealing ; on the night of the 26th of January, 1786, I locked the church up with my own hands, I left it safe, it was just at dusk; the next morning I heard it was broke open; I went to the church about nine in the morning, I found the lock bursted out, and the frontispiece of brass broke open; I did not see any thing found; there were lost out of the church, three surplices, a damask table-cloth, one napkin, and three curtains; I am sure they were all safe.

STEPHEN ATLEE sworn.

I am son to the last witness; I went to the church on the morning of the 27th of January, 1786, about eight, the door was not shut, it was broke open, the lock was forced off.

WILLIAM ATLEE sworn.

I was at the church between eight and nine; I found the door open, and a small gimblet at the stone step of the door going into the vestry-room, and a flint and steel in the room; I delivered these things to Charles Izord , then church-warden.

CHARLES IZORD sworn.

I was then churchwarden; the last witness delivered me these articles; I have

had them ever since, (produced,) they were shewn to Mr. Hall in my presence.

WILLIAM HALL sworn.

I am a publican, I live at the Waggon and Horses at Old Brentford, I know the prisoner; on the night between the 18th and 19th of January, 1786, he brought a basket to my house, another man was with him, they drank a pint of purl, and he says to me, will you put this basket by somewhere in the cellar; I bid Robert put it in the cellar, there it remained till the 26th of January; while it was there, I was curious enough to examine it; I called Robert who now stands there, says I, these are house-breaking things; it is a pity but they were stopped; says Robert, don't trouble yourself about them; on the night of the 26th he called for them; I went to Ealing church to have a child baptised; I marked them all; I put a cross at one end, and a notch at the other, I believe the marks are on them now; I know them again, I am confident these are the tools the prisoner left with me, and afterwards fetched away on the 26th.

Prisoner. This witness has been under the predicament of losing his licence; this is through spite and malice.

Mr. Garrow. Is this true that you have any spite and malice against him? - God forbid I should.

(The instruments handed to the court.)

Court. Could the door be forced open by these things only? - There was a screw-jack in the basket, two crows, two blacksmiths hammers, several small wrenches, several rasps and files, and many picklock-keys, and a thing that the blacksmiths work with their hands in this way, a centre-bit,

What trade is the prisoner? - I knew him to work in the gardens.

Was he a blacksmith or a carpenter? - Not that ever I knew, he was only a gardner, such as ditching, or so; the night that these things were taken, I alarmed the whole neighbourhood.

Prisoner. Did not you swear to another man before me? - No.

ROBERT NICHOLS sworn.

I saw this basket of tools that was left at Hall's house, it contained a great many things that he has mentioned, I did not take much notice of them; the prisoner fetched it away about seven, on the 26th of January, I delivered it to him.

What makes you remember the day of the month? - On account of Mr. Hall's christening; I lodged at Mr. Hall's at that time.

EDWARD FALCONER sworn.

I am a coachman.

How long have you known Oxford Tom? - About five years; about a year ago he lodged at my house, when I lived at the Castle, at Ealing; I know nothing at all of breaking open of Ealing church; I never heard a word from the prisoner about it; Mr. Hall called upon me about it, when I lived next door to the Ram Inn, in Smithfield, and asked me if I knew where Oxford Tom was; I said, I did not.

Had you any authority from the prisoner to say any thing to Mr. Hall about it? - I do not know who broke open that church, not a word about it.

THOMAS TING sworn.

I am a constable; I apprehended the prisoner, I believe it was the 12th of last August; I took him to Bridewell in St. George's Fields'; he was in custody, but his time was out, I knew he stood advertised.

PRISONER's DEFENCE.

Mr. Hall has been under the predicament of losing his licence a year back; I know he thinks if he can make himself clear as an honest man to take my life away, it would be a very great satisfaction to him; it was for keeping a bad house, and for nothing else; the things belonged to a man that was with me, and said, he had been down in the country a bell-hanging.

Court to Hall. When did you first make mention of this? - As soon as my child was baptized; Izord mentioned it to me, and the prisoner was immediately advertised.

NOT GUILTY .

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

Reference Number: t17871024-53

864. ELIZABETH BROWN was indicted for stealing, on the 2d of June last, a scarlet cloth cloak, value 3 s. a printed cotton gown, value 10 s. a bonnet, value 12 d. one silk handkerchief, value 12 d. a shift, value 12 d. the property of Alice Martin .

ALICE MARTIN sworn.

I am a silk-winder , the prisoner was my weekly servant ; I found some part of my property in a pawnbroker's shop, where she gave me intelligence.

DAVISON sworn.

I am a pawnbroker; on the 4th of June this property was brought to me, but I cannot say it was the prisoner; I have no recollection of them, it is so long ago; it is a cloth red cloak, I advanced 3 s. upon it; it has been in my possession ever since.

MARY GARDINER sworn.

I work with the prosecutrix as well as the prisoner; I heard the prisoner confess she had pawned the things: my mistress made her no promises or threats; she said, Betty, where are my things; and she said, mistress, I will tell you where they are, and she told her of three different pawnbrokers, where they were pawned.

Prosecutrix. She said, if you do not hurt me, I will tell you where they are; I said, I do not want to hurt you, produce my property; she said, she had pawned them at three different places.

PRISONER's DEFENCE.

She told me, if I would tell her where the things were, she would not hurt a hair of my head.

Court to prosecutrix. Did you tell her so? - No such word was mentioned.

Jury. When did she confess it? - The 6th of October when I found her; I did not know where she was.

GUILTY .

Transported for seven years .

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

Reference Number: t17871024-54

865. THOMAS COZIER , JAMES THOMPSON and MARY M'CARTY were indicted, for burglariously and feloniously breaking, and entering the dwelling-house of Mary M'Manus , on the 23d of September last, about the hour of one in the night, and burglariously stealing therein six china bowls, value 12 s. one pair of shoes, value 2 s. one wooden box, containing weights and scales for weighing gold, value 2 s. a glass bottle, containing half a gallon of rum, value 4 s. half a pound weight of tobacco, value 1 s. two thousand four hundred copper half-pence, value 5 l. her property .

(The witnesses examined apart.)

MARY M'MANUS sworn.

I keep a public house , the Sun and Sword in Cable-street ; my doors and windows were all secure when I went to bed; I heard nothing of it till the morning, when my young man, Patrick Smith came down and alarmed me; I came down at five in the morning.

Was it dark then? - It was hardly, light enough for us to distinguish one another.

Suppose there had been a person there whom you had never seen before, was it light enough to have distinguished his features, so as to have remembered him again? - I do not know that I could; we found the back door open, the cellar window broke open, the money gone out of the bar, about five or six pounds in halfpence, six china bowls, and several other things which I did not miss; the gold weights and scales are here; I did not know the prisoner before to my knowledge.

PATRICK SMITH sworn.

I am servant to the prosecutrix; I remember her house being broke open; I was the first that came down in the morning, and when I came down to the head of the stairs, I found it was light below; I waited, thinking some of the family was out;

finding there was none, I went out immediately to look about the door; I went into the bar, and found the box and the halfpence were gone; I saw them the night before; I went up and told my mistress, and she came down and found the box gone, and several other articles; the kitchen door was broke; they broke first in at the cellar window, then they broke out at the door.

Court to prosecutrix. Was the cellar door shut when you went to bed? - No, it was not quite close: after breaking into the cellar, they had fifteen butts of beer to get over; they broke the cellar window open; the flap was chained with a very large, heavy chain that they broke open.

PETER MAYNE sworn.

I am a constable; I produce some property which I took from the prisoner Cozier; scales and weights for gold, a quantity of halfpence, and some china bowls, which he broke when I apprehended him; he was in East Smithfield; I met him in the street; as soon as he saw me, he ran away up White Yard; I followed him, and laid hold of him, and he hove the bowls down in the street, this was the morning after the robbery was committed; it was about a quarter of a mile from the prosecutrix's house; I took him into custody; after he broke the bowls, he hit me a punch in the face; I knew him before, that was my reason for following him; then Dawson and me went and apprehended the other two prisoners, Thompson and Mary M'Carty; we found on them a pistol, crows, a dark lantern, and a quantity of halfpence; Dawson has them.

Mr. Garrow, counsel for Thompson. Do you know the woman prisoner? - Yes.

She was a woman of the town, was not she? - Yes.

ROBERT DAWSON sworn.

I produce some implements I found in the lodging of Thompson; I have frequently seen him there in bed, and eating and drinking; I found this paper of tobacco and some halfpence, bad and good, and some farthings and a pocket-piece: Thompson was there, and the woman prisoner, and another woman was at breakfast; I asked Thompson if he lived there, and he said, yes; I began to search the room, and at the side of the room there is a kind of a wash-house; I went there and took a light with me; Thompson followed me, he held the candle while I was searching; then I saw the mouth of the pistol over my head, and I saw Thompson going up to the side of the room, and in the plaister there was a hole, and I saw something in his hand in a cloth, but I cannot say it was this; I took down the pistol and these implements; then I went to this place, and there I found this cloth with the pieces tied.

Mr. Garrow. Did not the woman instantly say, no, I keep the house? - No, she did not; she did before the magistrate say so, and that Thompson had nothing to do with it.

Were not both the women, women of the town? - I do not know what the woman prisoner is; the pocket-piece was found under the rugg.

Prosecutrix. I know them scales to be my property, I can swear to them, the weights are new; I know the bowls to be my own, I have had them these seven years and more; the pocket-piece, I am upon oath, I saw in my till, when I locked up the drawer.

To Dawson. Did you find that pocket-piece in the house? - Yes, with the half-pence in this cloth.

Mr. Garrow. What do you know the pocket-piece by? - I have given it to the child to make her take physic, and made her believe it was a guinea, and she got somebody to weigh it, and she found it was not weight.

Now look at this, and tell me in what they differ? - That is very different.

What is the difference? - One is very good, and that is very indifferent; there

is a particular mark on the head of the one, a little bit of a straight stroke on the head.

Mr. Garrow. I will shew them to the Jury that they may see whether it is possible to swear to such a one.

Court. What halfpence were your's? - There were fifteen shillings worth of bad halfpence tied together; those that I saw were not in papers, those that I lost were; this pound of tobacco I bought on the Saturday night; I never untied it; there is no mark on the paper.

Mayne. I apprehended the prisoner, Cozier, the night after the house was broke open.

Court to Smith. When you came down, could you distinguish the features of a man? - Yes.

Court to Dawson. How many halfpence and farthings did you find in Thompson's lodging? - Three shillings and six-pence, or three shillings and seven-pence.

PRISONER COZIER's DEFENCE.

I was going to work in East Smithfield, and I found that bag and the bowls; I took them up; Mr. Mayne came up to me and took hold of me; I let the bowls fail out of my hand.

The prisoner Thompson, called one witness to his character.

THOMAS COZIER , JAMES THOMPSON ,

GUILTY, Of stealing to the value of 5 s .

Transported for seven years .

MARY M'CARTY, NOT GUILTY .

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

Reference Number: t17871024-55

866. JOHN LEAR , aged 13, and JOHN DALTON , aged 11, were indicted for stealing, on the 28th of September , a cotton shawl, value 3 s. the property of Edward Fellows .

EDWARD FELLOWS sworn.

I am a haberdasher , No. 19, Tottenham-court-road ; I lost a shawl out of my shop; the prisoners took it out of the middle of the shop; it was upon a horse which we hang them on to shew; I did not see either of the boys take it; I saw it about three hours before, about ten in the morning; I did not see the boys about the shop ever; I did not sell it.

ROBERT HANMER sworn.

I live opposite the prosecutor's; about one, on the 28th of September, I saw three lads walking to and fro' the prosecutor's house; I saw one of the lads go up to the street door, the shop door is in the middle of the shop, and he unhooked a shawl that was hanging in the front of the shop; that boy is not here, he has since escaped; the woman at the next door came out, seeing them lurking about the door, and bade them go away; the boys then walked about twenty yards from Mr. Fellows's; then they all three came back together, and the biggest of the prisoners went into the shop, and took this shawl, which I have in my pocket, from the horse that was in the shop; the shawl has been in my possession ever since; I then ran after the boy, and the tallest boy that took the shawl, gave it to Dalton, as they were running; about twenty yards from the house, he put it in the bosom of his coat, and I took it from him; I took the two prisoners, the third boy ran away.

(the shawl deposed to.)

Prisoner Lear. I do not know what to say.

Prisoner Dalton. I do not know.

BOTH GUILTY .

Transported for seven years .

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

Reference Number: t17871024-56

867. ALEXANDER GREEN , was indicted for stealing, on the 8th of February

last, five bundles of ozier twigs, value 3 l. 16 s. and six bundles of other twigs, called, headings , the property of John Newman .

And THOMAS CROSBY SHEPHERD was indicted for feloniously receiving the same, and knowing them to be stolen .

The case opened by Mr. Knowlys.

JOHN NEWMAN sworn.

I am a basket-maker ; I have ozier grounds adjoining to Battersea Bridge , about seven acres and an half; I lost about three hundred bundles of ozier twigs which I can swear to; the first of my having any knowledge of the loss, was, on the 9th of February; there were some ozier rods stopped; there was an advertisement, and in consequence of that I went to the place, they were my property, I swore to them as soon as I saw them; I saw them in a narrow passage near New Crane-stairs; I satisfied the waterman for them, and had them again; I went to the Justice's and had a search-warrant; I went to Mr. Shepherd's two cellars, just against New Crane-stairs, called, Wapping-wall; I found to the amount of about four bundles, some in one cellar, some in another, this was the second of March; the twigs are over the way.

Do you know the twigs that were on your own ground if you was to see them again? - Yes.

Prisoner's counsel. You are a basket-maker? - Yes

So is Shepherd? - Yes.

Mr. Knowlys. Was you present when Green was examined? - Yes.

Was it taken in writing? - Yes, I believe it was.

Did you see that examination taken yourself? - Yes.

Did Green sign it? - I believe he did, I am not clear.

Prisoner's counsel. You have some ozier grounds about Battersea? - Yes.

There are a great many up and down the river? - Yes; a great many belong to me.

Do you know an ozier; I suppose you could swear to a willow-tree if it grew on your own ground? - Yes.

You do not know when these were taken from your grounds? - No.

Did any body sell for you in your trade beside yourself? - Yes, John Tinkler .

I believe Mr. Shepherd is in a good way of business? - Possibly he may.

Why you know he is? - I have always understood that he could sell cheaper than the rest of the trade a great deal.

If he was out of the way, somebody else would have the business, you know; it is not the first time you and I have appeared together? - Possibly; I forget.

Do not you know you was a witness against this very man at Hicks's Hall, and he was acquitted? - But not honorably acquitted; I had forgot your face again.

He was tried at Hicks's Hall? - I do not know that he was tried at all.

THOMAS WOODWARD sworn.

I am a servant of Mr. Newman's, in cutting rods for him; I know his ozier grounds at Battersea very well; I cut for him last year, I began a little before Christmas.

Should you know these rods again, if you was to see them? - Yes.

Did you dispose of any of these rods by order of Mr. Newman, or on your own account? - No, never; I saw Green before the Justice; I was present at the examination; I cannot say whether it was taken in writing.

Mr. Garrow. How long have you been an ozier-cutter? - I worked for Mr. Newman about two years; I served my time to the trade of basket-making.

These were the rods, were they? - Yes.

If I was to shew you a bundle of Oxfordshire rods, should you know them? - I never was there.

Suppose I talk of my own country, Hertfordshire?

- If I was used to the ground I could soon tell them.

Tell us your reason for knowing these rods from any other you have never seen? - I would not.

You would not be able to distinguish them from the others? - No.

Court. Could you distinguish them from the Battersea rods? - Yes; some rods grow very rough, and some not quite so rough.

You cut them down with the bark upon them? - Yes.

Did you see these with the bark upon them? - Yes, most undoubtedly, it gets browner.

The quality of the rods depends in some sort upon the moisture or drains of the ground upon which they grow? - The more moist the better for the roots.

Therefore any grounds of equal moisture, would produce the same sort of rods? - I look upon it to be so.

Mr. Newman has grounds at Chiswick? - Yes, all in one line by the water-side.

There is very little difference between them? - There is enough difference to distinguish between them, though you might not, one runs knobbly, and the other runs smooth.

Does the river Lee oziers run knobbly? - I never saw any of them.

NATHANIEL DORMAN sworn.

You are employed by Mr. Newman at this time? - Yes, I was not then; I was present at the Justice's at the second hearing; Green was examined while I was there; that examination was taken in writing; I drew it; he signed it, or put his mark to it; it was read over to him in my hearing.

JOHN TINKLER sworn.

I am a workman of Mr. Newman's; I was present the second time when Green was examined; it was taken in writing.

Was it signed? - I believe it was.

Did you see it signed? - I do not remember seeing it signed.

Do you know the examination if you was to see it again? - If I was to hear it read.

Was you employed by Mr. Newman? Yes, I sold some after these were lost, but not before; it was my business to sell; I sold them after the month of February; I never sold any before.

How many ozier twigs have you sold for your master? - Many hundreds of bundles; I have sold for very near a year before that, but none of the produce of that ground, nor none of that year's growth; I have been with my master eighteen or twenty months.

Have not you sold during that eighteen or twenty months, any other twigs off the Battersea grounds of that year's growth? - I am convinced of it; I am clear of it.

Where is your book? - It is at home; I sold none off that ground before February; I sold some in March.

What day in March? - I cannot say, I sold them when they were enquired for.

ANN PATSTONE sworn.

I am a married woman, my husband is a basket-maker; I know both the prisoners very well; I know Green very well; he came to our house in February about nine at night; I cannot say the day; he came in with another man; the other man did not speak; Green asked if we made baskets; I said, yes; he looked at the other man and rather winked; he said, we have some twigs to sell upon the water; I said, what are they; he did not give me any information of the quality; he said, there were about twenty-nine bundles; I declined buying them; that other man, I have never seen since; it is not the prisoner Shepherd.

JOHN CARPENTER sworn.

I attend at Justice Staples's office; I know the prisoners; I was there when Green was under examination; I am servant

to Mr. Newport of New-prison; the examination was in writing; I saw it taken; it was signed; I saw it signed.

Did you witness it? - No.

Was it witnessed by any body? - I do not know.

Are you subpoena'd upon this trial? - No, I only brought the two evidences up.

Did you see the Justice sign it too? - Yes.

Who was it witnessed by? - By Justice Staples and Justice Green.

Shepherd was on his oath, was not he? - I was in and out of the office, I cannot tell.

Mr. Silvester. You are in and out of Newgate? - Yes, Sir, very often.

Was this taken upon oath now? - I believe it was; what I heard was.

Court to Jury. Gentlemen, there is no evidence.

BOTH NOT GUILTY .

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

Reference Number: t17871024-57

867. MARY ELLIS was indicted for feloniously stealing, on the 20th of October , one canvas bag, value 1 d. and one guinea , the property of Thomas Woodward .

THOMAS WOODWARD sworn.

I am a porter ; the prisoner robbed my pocket of a purse and a guinea, just opposite St. Clement's church, in the Strand , on Saturday, the 20th of October, about one in the morning; I was going to seek a lodging; I was as sober as I am now; as I was going along, this girl stopped me, and asked me to treat her with a glass of gin; she said, she was almost ready to faint, and had not a farthing of money, so I treated her with a glass, and when I came out, she began to ask me to treat her with a pint of wine, and she slipped her hand into my pocket, and took the guinea out in the street; she turned away, and went to St. Clement's church-yard; I followed her, and charged the watch with her; the watchman and me found the purse in the middle of St. Clement's church-yard; I am sure it is the same woman; I never went from her.

THOMAS PIBBLE sworn.

I buy and sell fruit; I was coming out of the country, and coming down Wych-street, this young man was standing in a white frock, and this girl and another girl in a black gown; I stepped up to them, and the prosecutor said, he was robbed of his purse and a guinea; the girl turned into the church-yard; I advised him to charge the watch with them; the girl walked away, and the other girl with her; they did not run, the prosecutor pursued her immediately.

BENJAMIN WITHERS sworn.

I am a watchman; I apprehended the prisoner; I found the purse after she was committed to the watch-house, in the middle of St. Clement's church-yard; nothing was in it; I delivered it to the constable of the night immediately.

Did you search her? - No, the constable did; he is not here.

PRISONER's DEFENCE.

I was going home; I had some business to do in the city; I was going through Butcher-row, this man asked me to go with him; I said, I was very cold; we went into the Blue Posts, at the end of Holly-well-street; I drank a glass with him, and in about ten minutes, he said, he missed his money; I said, good man, I have nothing belonging to you; I went through the church-yard, and stood talking with several women at the Crown and Anchor door; I was coming back again, and he brought the watchman, and took me to the watch-house; I had not a farthing upon me.

Court to witness. Did Woodward appear to be in liquor? - No, very sober.

NOT GUILTY .

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

Reference Number: t17871024-58

868. ROBERT FOSGATE , alias WILLIAM JENKINS , was indicted for stealing, on the 24th of September , one coat, value 30 s. a shirt, value 3 s. a cotton waistcoat, value 3 s. a pair of silk stockings, value 3 s. a pair of silk and cotton ditto, value 4 s. a neck handkerchief, value 2 s. a pair of men's shoes, value 6 s. one linen handkerchief, value 12 d. the property of John Wilson .

JOHN WILSON sworn.

I am a shoe-maker , No. 1, King-street, Westminster ; the prisoner was journeyman to me; on the 24th of September, the day he committed the robbery, I carried him some work; he was not at home; he worked up stairs in his lodging, in my house; I had been out about some business; the rest of the apprentices were called down to dinner, and while we were at dinner, I heard somebody go out, and after the dinner was over, my son missed his clothes; they were my son's clothes, but the property is mine; he is my apprentice and son.

How old is he? - He is nineteen; they were his clothes, bought by me.

Are you bound to clothe him? - I am bound to clothe him.

Court to Jury. Gentlemen, this is laid wrong; it is laid to be the property of the father, it is the property of the son.

NOT GUILTY .

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

Reference Number: t17871024-59

869. MARY SELL was indicted for stealing, on the 24th of September , nine printed books, value 3 l. 10 s. one book of maps, value 12 d. the property of Alexander Hay , Esq .

A second count for stealing the same; the property of John Humphries .

JOHN HUMPHRIES sworn.

I am a button-maker ; the prisoner kept a house in Conduit-court, No. 4 ; I live at No. 1, in Glassenby-court, Rose-street, Covent Garden; she took in washing; there was a box of books in the two pair of stairs back room, and the prisoner's husband took the house of me about a year and a quarter ago; I left a box at the house, which proves to be full of books; they were not my own; I was paid rent for them; I had no further interest in the house after I left it; they were Hoffman's works in Latin; there were eight volumes which we had marked all but one, and a books of maps: some time after, Mr. Sell left his house, and I went to get my books away; his wife had left the house before him; I found a parcel of stones and brickbracks.

JOHN DILLON sworn.

I lived with the gentleman who owned the books; I was at the packing them up; they were Hoffman's works, and they were deposited at this house; one Mr. Linnell, a tailor, lived there then.

Mr. Knowlys, prisoner's counsel. How long ago, was it since you saw the box packed up? - In the year 1783.

KICHARD LEE sworn.

I have some of the books; I bought them at No. 4, in Conduit-court, of a woman whom I do not know; I saw the books and agreed for them.

BENSON TRINDER sworn.

I am servant to Mr. Page; Mary Thomas brought these books to me to pledge on the 27th of August; I took them in for five shillings, (these are the books.)

MARY THOMAS sworn.

I carried these books to pledge for the prisoner; I pawned them for five shillings.

Court to Humphries. If I understand you right, these books were left with the prisoner and her husband to take care of? - Yes; about sixteen months ago.

(The books produced.)

Dillon. I cannot positively swear to them.

Is there any body that knows them here? - No.

ELISHA RAY sworn.

I took these books in of Ann Benson for half a guinea; I live with Mr. Merrit, of Rose-street.

Dillon. I cannot swear to these.

HENRY SATCHELL sworn.

I produce a book of maps; Mary Thomas brought them to me; I am a bookseller, in King-street, Covent-Garden.

How long ago is it since you bought that book? - Three months.

You have not kept it separate from your other books? - No.

It has been subject to your servants as well as yourself? - It was in the shop; I know it is the same book I had of Mary Thomas .

Mary Thomas . I was sent with this book of maps by the prisoner; her husband was not present, but they lived then together; she unscrewed the box with a pair of sheers.

NOT GUILTY .

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

Reference Number: t17871024-60

870. WILLIAM NEVEN was indicted for feloniously receiving on the 8th of September last, one towel, value 1 s. 6 d. a chintz muslin shawl, value 10 s. two calico handkerchiefs, value 4 s. four pieces of linen and cotton handkerchief patterns, value 1 s. the property of Robert Parker , Mathew Topham , and William Sowdon , parcel of the goods and chattels, whereof one R. Gilbraith was convicted of feloniously stealing, the said William Neven knowing them to be stolen .

871. BRYAN MOLLOY was indicted for feloniously receiving, on the 8th of September last, three quarters of a yard of calico, value 6 d. a calico handkerchief, value 1 s. 6 d. two pair of mitts, value 1 s. 6 d. the property of Robert Parker , Matthew Topham and William Sowdon, parcel of the goods and chattels whereof R. Gilbraith was convicted of feloniously stealing, the said Bryan Molloy knowing them to be stolen .

872. MARY GILBRAITH was indicted for feloniously receiving, on the 8th of September last, four yards of muslin, value 10 s. a calico check handkerchief, value 1 s. a chintz shawl, value 10 s. four half shawls, value 15 s. five pieces of muslin, value 5 s. a calico handkerchief, value 1 s. two other calico handkerchiefs, value 4 s. one towel, value 1 s. 6 d. the property of the before-mentioned persons, so stolen as aforesaid, knowing them to be stolen .

The certificate of the conviction of Robert Gilbraith , produced by Edward Lavender ; this is a copy of the record; I had it from Mr. Shelton's office; I examined it with the record.

(Read.)

MATHEW TOPHAM sworn.

Tell us what you know relative to Neven only? - In consequence of a letter that was intercepted from Robert Gilbraith to Neven the prisoner, we had a suspicion that some goods were lodged at his house; we had lost a great quantity; and on or about the 8th of September, we went with a warrant to search Neven's house; the constable, named Brockley, and Mr. Lavender and John Gee : Neven was at home; I stood at the door; I was not a witness to what was found there; I was in the house after they were found; I heard the husband say he knew nothing of them, but he believed his wife had bought them.

JOHN GEE sworn.

I was present when the house of Neven

was searched; I saw, found there, a callico napkin, the same thing as a towel, a chintz muslin shawl; I think there were two calico handkerchiefs; I do not recollect any thing else, any more than some patterns which we used to sell the handkerchiefs by; no pieces of handkerchiefs; they were found in the drawers of a bureau up one pair of stairs in a bed-room.

Did you hear from Neven himself, that it was his apartment? - I do not know that I did; I took it to be so; he said, he knew nothing of them, he supposed his wife bought them.

Were you present in Court when Gilbraith was tried? - I was.

Were those things produced on that trial? - I believe not.

Do you know whether they were a part of the things for which Gilbraith was indicted? - They were not; we supposed them to be things stolen by Gilbraith.

But were they included in the indictment against Gilbraith; how many chintz muslin shawls were there in that indictment? - Two.

How many altogether were found? - I I do not know; Lavender has a list.

EDWARD LAVENDER sworn.

I have a list which contains the things in the indictment, and where they were found.

How many chintz muslin shawls does there appear? - Two; one was found at Neven's, and the other, I think was found in Mary Gilbraith 's box.

How many calico handkerchiefs were in the indictment against Gilbraith? - I suppose near twenty; the goods that were found at Neven's are described, except the shawls, separate by themselves, to those found at Molloy's, and in Mary Gilbraith 's box.

Did you hear Neven say any thing about the things? - He was asked by the Lord Mayor how he came by them; I cannot say whether he made any answer, or his wife; there were also found at Neven's, four pieces of handkerchief patterns; the drawers where the goods were found were locked, and Neven had the key.

Do you know of any connexion between the prisoner Neven and Gilbraith? - Only by intercepting a letter addressed to Neven from Gilbraith.

EDWARD M'CARTY sworn.

I live in St. Luke's; I am a baker; his general character has been very good; he has been a customer of mine the last eight years.

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

Jury. We are perfectly satisfied on the whole of the case.

WILLIAM NEVEN , NOT GUILTY .

Topham. I went with Lavender and others to the house of Molloy's; Gilbraith's box was found in Molloy's house locked; when we asked him who it belonged to, he said, the box belonged to Thomas Gilbraith ; we asked him if he had the key; he said, he had not; I never found whether he had the key or not.

Were any things found at Molloy's, except what were found in the box, or in the charge of Mary Gilbraith , exclusive of the box? - There was a remnant of calico found in Molloy's own box, valued at 6 d. about three quarters of a yard; one calico handkerchief, six tambour muslin cap cauls, and two pair of calico mints; I do not recollect whether that box was locked or not; he owned it was his box: Mary Gilbraith lodged there; she was present; I do not recollect she said any thing of the things; she owned to the box in which it was found; in her box was found a calico check handkerchief, a chintz muslin shawl, four half shawls, tambour muslin for cauls, a calico handkerchief, pink and blue pattern, two calico handkerchiefs, purple and pink stormont borders; one calico towel, twelve pair of black silk mitts, the mitts are not in the indictment, and four yards of calico muslin is in

the indictment, to the best of my recollection; she said, her brother had given them to her.

Did she know that her brother was in your service? - Yes, I believe she did; she said, she always thought what it must come to, when she was apprehended; that she was very sorry she came from Ireland.

JOHN GEE sworn.

I was at Molloy's.

Did you hear any conversation of either of the prisoners? - No; I know that Molloy's box was locked, and his wife had the key; he was present; she said, there was nothing of our's in the box, but we were very welcome to search; the calico we found in the box with a private mark upon it.

Edward Lavender . I was at Molloy's cellar before the gentlemen; I asked Molloy if he knew Robert Gilbraith ; says he, yes, extremely well; says I, is his sister not at your house; no, he said, she is not, nor he had not seen her for three weeks; I told him, he certainly must be mistaken, for she was at his house that day; on my pressing him, he acknowledged she had been at his house that day at six o'clock; but she was gone to lodge in the city; it was then eleven; then this gentleman came, and I asked him if he would let me search, and he said no, without we would produce our authority; upon which, I immediately went down, and found her in bed; I believe Gilbraith was taken up the fore part of the same day.

Do you know whether they knew before you went there, that Gilbraith had been taken up? - No.

Topham. I do not know; I should rather suppose they did not.

Mr. Schoen, prisoner's counsel. Did the man say to you, that he had not seen her for three weeks, or known her above three weeks? - That he had not seen her for three weeks.

WILLIAM SOWDON sworn.

Mary Gilbraith told me she had an acquaintance in Wapping, and that there were some goods there.

Was there any promise made her? - No; in consequence of some information, we found that Mary Gilbraith had an acquaintance at Wapping; we went there, and found a remnant of tambour muslin, about two yards, with our private mark, at the house of Mr. Creagh.

Was there any menace held out to her? - None that I know of.

MARY CREAGH sworn.

Where did you get the things that were found at the house? - The woman prisoner brought them to me to make up; she told me her brother bought them and gave them to her; she brought tambour muslin to make into caps; I asked her how much it was a yard; she could not tell me; but said, her brother bought it for her.

Prisoner Molloy. I leave it to my counsel.

Mary Gilbraith. I leave it to my counsel.

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

PRISONER MARY GILBRAITH 's DEFENCE.

My brother sent for me here to go to service; I have been here six months.

BRYAN MOLLOY , GUILTY .

Transported for fourteen years .

MARY GILBRAITH , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-61

872. THOMAS WILLIAMS was indicted for stealing, on the 2 d of October , two bolsters, value 3 s. the property of John Davis .

NOT GUILTY .

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

Reference Number: t17871024-62

874. SOPHIA JONES was indicted for stealing, on the 1st of October , one metal watch, value 20 s. the property of Joseph Arnold .

JOSEPH ARNOLD sworn.

I am a journeyman watch-finisher ; I live at Hackney; the prisoner was at a public house where I had my dinner; I lost my watch; I do not know that the prisoner took it; the property was found upon her; I saw the watch before I went to sleep, and when I awoke it was gone; I was at the apartment of the prisoner's husband; the prisoner was at the public house, and asked me to go with her; I was rather in liquor; I slept on the bed with my clothes on; when I awoke, she was in the room; I went away about half after five in the afternoon, my watch was then gone; the prisoner denied knowing any thing of it; I went home and fetched a gentleman, and she denied it then; she was taken into custody and searched, and the watch found upon her.

SAMUEL SIMS sworn.

I found this watch underneath the prisoner's left breast, pinned in a bit of rag; she denied it; I searched her two or three times over; at last, she said, she did not know how it came there.

(The watch deposed to.)

Prosecutor. I know it by the name and number.

How long have you been master of that watch? - On the Saturday night before, it was given to me; I went to wind some clocks up at Mr. Solomon's in Clapton, and the maid gave it me to put a glass in; I told the constable the maker's name.

Court to constable. Did he tell you the maker's name? - No; he knew the watch the moment I produced it; I did not ask him before.

PRISONER's DEFENCE.

I went to order some porter at the Bell last Sunday, and this man was there with one Joe Rix, that is not here; Rix asked me, if my husband was at home; I asked him to come, and this young man insisted on coming along with him; when he came over, he had only two pence in his pocket; I ordered two pots of beer; he staid all the evening, and drank a good deal of gin and strong beer; he pulled out the watch several times and wanted to pledge it; I gave him two shillings on it; to be sure I had a little drop in my head, when he brought in the constable, and I did not recollect exactly where it was; the young man that was with him, took his shirt and things out of his pocket, and I desired him to return them; I should have delivered it up on the Monday morning.

NOT GUILTY .

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

Reference Number: t17871024-63

875. WILLIAM DYER and JOSEPH TROTT , were indicted for stealing on the 26th of September , five child's wooden playing tops, value 1 s. 7 d. and three wooden spoons, value 1 d. the property of William Bassentine .

SAMUEL SIMS sworn.

I am the constable; I found this property on Trott, I found none on the other child.

WILLIAM BASSENTINE sworn.

I keep a country shop in Hackney , we sell tops; on the 26th of September, I missed five tops, and three spoons; I saw them that evening in a basket in the window, the pane of glass was cracked, and a large piece taken out; I suspected the prisoners, seeing them together about the house in the evening, and had them apprehended.

Did you tell them it would be better for them to confess, or worse for them if they did not? - Neither; when they came

before the Justice they confessed; it was taken in writing.

Court. There is none returned, we cannot take the confession.

NOT GUILTY .

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

Reference Number: t17871024-64

876. JOHN MILLAN was indicted, for that he stood charged, on the coroner's inquisition, for that he, in and upon Nathan Millan , in the peace of God and our lord the King, then being, did make an assault, and strike and beat him on the head, face, back, belly and sides, and did cast him on the ground, giving him thereby, and by such casting and throwing, several mortal bruises, of which bruises he did instantly die; and so the jurors say that he did kill and slay the deceased .

JOHN VERSTED sworn.

The deceased worked with me three weeks, and on Thursday evening, I was speaking to the prisoner, whom he had used ill several times; he struck the prisoner, several times; they fell to fighting, and he pulled him out by the shoulders to fight, and the prisoner struck him five or six blows, and the deceased fell down and expired immediately; he fell at my feet; immediately he died, in about five or six minutes after his fall; he was carried over to his habitation; the deceased was near six feet high, a stronger man than the prisoner.

What did the prisoner say to him upon his striking? - I did not hear him say any thing.

LETTICE VERSTED sworn.

I was present; the deceased struck first; I heard the prisoner say something saucy to him, and the deceased pulled him out on the pavement; I cannot tell what it was.

Did you never say what he had said? - He said, would you fight such a lad as me; and the deceased said, yes; and he hit him two blow; there were very few blows; he fell down on the pavement, and was taken to his own habitation.

SARAH VERSTED sworn.

I saw this quarrel; the deceased struck first.

HENRY JONES sworn.

I examined the body of the deceased, there was no contusion of any kind, no mark of violence; I did not open the body; there was a little blood issued from his nostrils, but no appearance of any bruise at all, not even on the nose.

As the man died in such a manner, and as there was no outward marks of violence, why did not you open the body? - The time would not permit, and I did not think there was any utility in doing it.

Could you form any opinion of the cause of his death? - I could not form any opinion, except it was by suffocation; he had been intoxicated in the course of the day, and through passion and the liquor he drank, it might happen.

Court to Mr. Verseed. Was the deceased drunk? - He was not drunk then, but he had been drinking in the course of the morning.

Had he been drinking with such excess as to occasion his death? - I cannot tell that.

Did you observe any degree of violence in the blows between these people? - No, Sir, I no more thought he was dead, than I think your Lordship is dead now.

William Smith called, but did not answer.

PRISONER's DEFENCE.

The deceased struck me first against my will; I was afraid to strike him again, till he caught hold of my collar; then I struck him again.

Have you any idea where the blow was? - I did not strike him any where in particular; the most I struck him was in the face; I was going to drop two or three

times, and he held me by the collar; he hit me in the pit of the stomach.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871024-65

877. JANE WOOL and ELIZABETH LEWIS were indicted for stealing, on the 19th of October , a cloth coat, value 20 s. a cotton waistcoat, value 10 s. two silk handkerchiefs, value 9 s. the property of John Bartlet , in the dwelling-house of George Hyde .

JOHN BARTLETT sworn.

I am a butcher out of place; I am at my sister's: I was going home, and met with Jane Wool ; she asked me to go home with her; I went with her, and we had a quartern of peppermint, and the prisoner Lewis was called to bring the peppermint and gin, she poured it out, and gave us some, and she drank, and wished us a good night: Jane Wool said she must have some beer before she went to bed; she took the candle, and ordered Lewis to bring a pint of beer, and change for a shilling; a few minutes afterwards Jane Wool took my bundle.

Was you drunk or sober? - As sober as I am this minute.

Had not you been drinking any where? - No where.

Where had you dined? - At my brother's at Turnham-green.

What did you drink after dinner? - Nothing at all; I had some porter; I suppose I might drink half a pint; there was only a pot between three of us: the candle was put out, the bundle was under the chair by the bed's foot, there was nobody in the room but them two; I sought for my bundle, and it was gone: I did not see them afterwards. I went to the round-house; Jacob Freeman took the first.

Whose house was this in? - I do not know; it was in Cross-lane, near St. Giles's; Freeman told me so; he took Lewis the next morning; I never saw the bundle, it contained the things in the indictment.

PRISONER WOOL's DEFENCE.

I never saw the man in my life; he has taken my life away: Mr. Freeman took me up, and he asked my sister for half a guinea.

PRISONER LEWIS's DEFENCE.

How does he know I came on the outside of the door to fetch the beer?

BOTH NOT GUILTY .

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

Reference Number: t17871024-66

878. SARAH DUPE was indicted for stealing, on the 25th of August , one peck and an half of Orlean plumbs, value 3 s. and one wicker basket, value 7 d. the property of Charles Berridge .

CHARLES BERRIDGE sworn.

This prisoner came to Covent Garden Market , and bought that basket; we sell the plumbs, but we do not sell the baskets; she paid for the plumbs, and she asked leave to set the plumbs and the basket behind my stand; then she went for something else, and bought some greens, and set them down; says she, where are my plumbs? here, says I; then she moved them into a basket woman's basket, and gave me this basket, then she sent them away in the basket: she gave me 3 s. 9 d. for this basket, and when she saw there was 9 d. odds, she abused me, there was a great company about me, I had but three or four to sell; I looked behind me; says I, where is that basket? I saw it was the same woman, and she had moved another basket; the boy went with me to find the woman, and we found her; I went into her house, there I saw this basket of fruit stand, just the same as it was; it was my property; says I,

What will you do in this case, will you go before a magistrate, or shall I get a constable? says she, I will go before a magistrate, and swear I bought them: she bought one basket of me of the best sort, which she gave 3 s. 9 d. for; the other I offered to sell for 3 s.

Mr. Garrow, Prisoner's Counsel. Are you always as deaf as you are now? how many people is it that you have hanged and how many transported; because you are always at these tricks, they tell me; two you have hanged and three transported? - I have no occasion to do it, for I have money enough; the law hangs them, the law transports them for me here.

You know you said you would warm her face, or something else, if it cost you an hundred pounds? - Psha! psha! I never said any such thing.

She said you was a good-for-nothing old rogue, that she had bought the plumbs, and paid for them, and had borrowed the basket, and meant to return it, but that you was a deaf old rogue, and could not hear: there was no more than one basket at her house? - There was more than one, what she did with them I do not know, but that which I lost I found there.

Was there, or was there not? - I saw no more.

WILLIAM CASSON sworn.

How old are you, my little boy? - Fourteen the 12th of May.

What are you? - I live in the Strand.

Who with there? - With a lighter-man and waterman, with Mr. Mills, he is foreman to the Phoenix fire-office: I know the prosecutor, I was going to live with him in the country; before I was bound apprentice, I used to go to the prosecutor's every market morning; I was his boy at that time; I did not see the prisoner pay for the plumbs, I saw her take one half sieve of plumbs, and put it under her cloak; I did not see her take away any more; she gave them to a woman to take away, and desired her to carry them home; she did that in the open market.

Whether they were the plumbs that she had set aside behind your master's stand, you cannot tell? - No.

Court to prosecutor. You say you saw her empty the first basket of plumbs into another basket? - Yes; that was one of the basket-women's baskets, whom she had hired to put in her greens and plumbs, that was three quarters of an hour after she came again.

What did she say after she took away the second basket; did she ask you to give her back the nine-pence? - I do not know.

She said she would be upsides with you, and kept the other basket of plumbs till you gave her back the nine-pence? - Very likely, she might ask me to give her the nine-pence back! no, she did not.

Mr. Garrow. Do you know Samuel Tanner of Litchfield-street, a shoe-maker? - One that was up with her brother, and had a mug of ale there, a thin man; she had me up there.

When was that? - I cannot tell you justly the day.

Recollect yourself? - I cannot.

Was not it last Saturday? - I do not know whether it was not; I believe it was; I was there above half an hour.

Not two hours? - No such thing.

Did not you go to dinner there; he is one of the bail? - She wanted to make it up.

Upon your oath, did not you offer to give money if the woman would make it up with you? - No.

I have here three witnesses to prove it, if you dare to give that answer: did not you say that you did not mind giving a triffle to make it up? - I never offered any money at all to make it up; for I always said, I could afford to spend one hundred pounds.

I know you said you could spend one hundred pounds; did not you say last Saturday, at Tanner's, that you did not mind giving a triffle to make it up? - No, no such thing.

Was you twice at Tanner's on Saturday last? - No, only once.

What other house was you at last Saturday? - I forget what house; it was over-right the shop.

Did not you there say that if the woman was to go to her attorney, you supposed he would not let her settle it; but if you have taken a false oath, God forgive you? - No.

You never said, I am sorry for what I have done, and if I have taken a false oath, God forgive me? - Lord have mercy! I never said any such thing.

Did you say this, that the woman must not expect to make two great a property of you; but, that such a matter as four guineas you would give? - No, I never said so, they asked me to give four guineas.

What business had you at Tanner's house? - He was one of the bail for this woman; she asked me to go in there.

What conversation had you at Tanner's? - About the woman; whether I would make it up or no; I said, we cannot make it up now.

You said that? - Yes.

But if I could, I would give something to make it up? - No, by the living God.

PRISONER's DEFENCE.

I keep a house in Compton-street; I live by selling fruit and greens; I paid for what I had; I asked the prosecutor to let me leave them, and when I went for them, he wanted a shilling for the half sieve; I told him he must lend me the sieve; I took the sieve and plumbs and what I had bought home; as soon as I got home he came after me; the plumbs stood in the middle of the room; he said, I stole them, and he would have them; I bade him send for a constable and search the house, and if he found any plumbs beside them of that day, to take them, and welcome; he told me to pay him 3 s. 9 d. he took them away, and sent them down in the garden, and insisted on my going to the Justice; then he took up the plumbs and empty sieve, and swore, that I bought one and stole the other; and emptied them into a blue apron; I have witnesses here in Court that I never had a blue apron in my life; and I have witnesses in Court that I never took any thing from his stand till I took every thing away.

Do you know Mr. Aldus in the market? - No.

Have not you applied to a woman that you knew very well by the name of Aldus, to ask her to get the prosecutor to make this up with you? - I never asked any body, I will be clear upon my own conscience; they came and talked to me about, this, that and the other, but I never desired any body to make it up; I could not make it up without money; they are a parcel of scoundrels; they all hang together.

SAMUEL TANNER sworn.

I am a shoe-maker; I was one of this woman's bail; she surrendered here to day.

Have you ever had any conversation with Berridge about this business? - Last Saturday, I believe, about twelve or one, Berridge and the prisoner came to my house; he said, he was come about that matter, he wished it could be settled; he sat down, and the prisoner went to fetch her attorney; she could not find him; he staid at my house till I went to Mary-le-bone; when I returned, the prisoner had been ordering some porter, which the prosecutor had paid for; she came, and could not find her attorney; he said, he did not know which way it could be done; I know, says he, the matter will not be settled, but they must not think to make too great a property of me, for I can spend one hundred pounds; first, he said, he had had a great many trials, and had hanged two, and transported two; he drank some porter, and had eat a bit of bread and cheese; then he said, well, it must go on, nothing it to be done; but he at different times repeated, that he did not mind a triffle, but he would not be made too great a property of; my wife was there, my sister, and another man, and a boy, that is not here.

FRANCES TANNER sworn.

I am wife to Samuel Tanner ; last Saturday Berridge and the prisoner came to our house together; she told me in his presence, that that was the person that had taken her up; and she had called him up; I asked him to walk in and sit down; he said, he was very sorry for this little affair that had happened; but he wished, if he could, to moderate it, and stop it from going any further: she went for her attorney and could not find him; he told me and my sister while she was gone, that he knew very well what the attorney would say; he would wish to make a property of him; but if so, he would sooner spend one hundred pounds or more; and he had money enough; but any thing in reason he did not mind; he was at our house two hours or more; he said, let the consequence be what it would, he could not come, Monday, Tuesday, or Wednesday; my sister, heard this; I told him, I thought the poor woman did not steal it, for she is a woman of undeniable good character; he said, upon my word, I cannot take my oath that she stole any; says I, you know in your own conscience and heart that she paid for one; upon my soul, says he, I should not have known the woman if I saw her again in Court, or any where, but now I have taken a look at her, and I should know her, but not before; but I cannot take an oath that she stole any thing.

FRANCES DUPE sworn.

I was there on Saturday last; I saw the prosecutor; the prisoner came in with him; she said, that was the person that had prosecuted her, and he was come to make it up with her, and she was going to see for her attorney; he sat down, and said he should be glad to make it up, and had she come to him in the Court, he would have made it up with her; and if her attorney was willing to make it up on reasonable terms, he would not mind any thing in reason, so long as he did not make a property of him; he staid near two hours, and sent for a pot of beer, and drank it there; she went for the attorney and could not find him.

Court. What was he to give her any thing for? - Because he was sorry he had brought her into it; he knew he took the plumbs out of her house that she had bought of him and paid for, and he was sorry he did it; Mrs. Tanner said to him; you know you should not have taken the plumbs out of her house, when you knew she bought them and paid for them; he said, he thought he lost a basket of plumbs, and when he went home he found he was two shillings short of his money, and he thought she must have stole his plumbs.

ANN SANDY sworn.

I buy and sell fruit in Covent-Garden; I was in the market at the time of this dispute; I went round with the prisoner, it rained very hard; there was none open but the prosecutor's; he asked her 3 s. 9 d. she gave him the money; she laid down her basket by the side of them, and desired him to let them stand there; he gave her a sack to cover them in, and he set them in her basket in his own half sieve; we went round the market; she bought some things; when we came back, there was a woman buying a sieve of plumbs; he asked 3 s. 3 d. and pointed to the prisoner; says he, there is a woman gave me 3 s. 9 d. she packed up the things; the basket woman was with her; she took but one with her as I have a soul to be saved; but that one she bought and paid for; I saw it, and I know there was not another plumb carried home.

Court. This was carried home at the same time with her load basket? - Yes.

Did she empty the plumbs into her load basket? - No; nor a plumb had she that day, but the plumbs that were in her load basket.

Court to Gayton. Was this the woman that carried away the basket that you saw? - It was.

NOT GUILTY .

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

Reference Number: t17871024-67

879. RICHARD HAYDEN was indicted, for obstructing and assaulting Monypenny, an officer of his majesty's revenue in the discharge of his duty .

The prisoner pleaded GUILTY by advice of his counsel, and called two witnesses, who gave him a very good character, and he having saved the life of one of the revenue officers against the outrages of his associates, the recorder passed sentence on him as follows:

Prisoner at the bar. You have in this case, in the first instance, been guilty of a crime, which certainly would have brought you within the description of those laws, that punish resistance against the officers of the revenue with death: You have in the first instance, in strictness of law, most unquestionably forfeited your life; and it is highly necessary for the public, and for the preservation of the revenue, that those laws should be carried into pretty rigorous execution; but you have in a considerable degree, atoned for the crime in which you have engaged, by saving the life of a fellow-subject; which is a circumstance of merit, which ought always to be considered in the administration of justice; those who prosecute on behalf of the crown, have proceeded with great candour and lenity in this case; they have brought the offender before the Court, and have themselves stated to that Court, the circumstances which induced them to think you an object of lenity and favor: these circumstances therefore, the Court think it right to follow up the merciful intentions of the crown, and to pass such a sentence on you, as compared with the nature of your original offence, will certainly wear the appearance, rather of a reward than punishment; you have saved your life by the circumstance I have already mentioned; but for your own sake, as well as for the sake of the public, it is necessary, that this Court, in following up the merciful intentions of the crown, should at the same time teach and convince you, that you have grievously offended against the laws, and therefore the Court think it right to inflict some punishment upon you, though it should be of short duration; and as you have a good character, the Court would not wish, for your own sake, to mix you with the felons in Newgate; therefore, I shall shorten the term, that otherwise would have been thought necessary to have confined you; and instead of ordering you generally to be confined for six months; I shall order you to be confined for one month in the cells of Newgate .

Court to Mr. Akerman. Let him be kept separate from the other prisoners, and let him have all the air and exercise that is consistent with his sentence, and without mixing with the felons.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-68

880. JOHN DUNCOMBE was indicted for stealing, on the 26th of September last, two hundred and ten yards of everlasting, value 10 l. the property of Archibald Bryson .

The prisoner was taken by the watchman, who, on suspecting him, confessed the robbery; no promises were made to him.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-69

881. WILLIAM PEAKE was indicted for stealing, on the 29th of September , a stuff petticoat, value 3 s. two yards of silk ribbon, value 9 d. half a yard of linen cloth, value 6 d. the property of Sarah Ashton .

The prisoner was taken with the things.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-70

882. CHARLES STEWART was indicted for stealing, on the 29th of September last, six silk handkerchiefs, value 30 s. the property of Daniel Golding and John Golding .

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

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-71

883. CHARLOTTE SIMPSON and GEORGE SIMPSON were indicted for stealing, on the 15th of September last, one hand-saw, value 5 s. and one smoothing plane, value 1 s. the property of William Scammell .

GEORGE SIMPSON , GUILTY .

Transported for seven years .

CHARLOTTE SIMPSON , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-72

884. CHARLOTTE SIMPSON , otherwise HALL , was indicted for stealing, on the 19th of July last, a pair of silk stockings, value 1 s. a cotton gown, value 2 s. a handkerchiefs, value 1 s. and one paste pin, value 1 s. the property of Joseph Bradley .

The prisoner was stopped pawning the things.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17871024-73

885. SARAH DORSETT and MARY DORSETT were indicted for stealing, on the 4th of October , one man's cloth coat, value 20 s. the property of Andrew Davidson .

ANDREW DAVIDSON sworn.

On the 4th of October between three and four in the afternoon, my coat was hanging in the parlour; the prisoners came in to eat their dinner, and called for a pint of beer; I went out for about half an hour; when I came back, I saw the coat was gone.

ANN DAVIDSON sworn.

These girls came in and called for a pint of beer; I left them in the parlour; they paid for the beer and was going out; I missed the coat, and stopped them at the door, and saw the coat under Sarah's cloak; the other was at the parlour door; she said, it was her husband's.

WILLIAM POWELL sworn.

I am servant to Mr. Davidson; I saw them come in between three and four, and saw the coat under Sarah's arm.

PRISONER SARAH's DEFENCE.

I was in the house and had a pint of beer; the coat fell from the settle on my arm, and the gentlewoman had me taken up.

MARY DORSETT 's DEFENCE.

I know nothing of the matter.

SARAH DORSET , GUILTY .

Transported for seven years .

MARY DORSET , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871024-74

886. JAMES FITZMAURICE was indicted for stealing, on the 23d of October , a pair of bellows, value 1 s. the property of John White .

JOHN WHITE sworn.

On the 23d of October, about four in the afternoon, my neighbour, Mr. Jackson, informed me I had lost a pair of bellows; I pursued the prisoner, and took him with the bellows in a bag; he said he was very often out of his senses.

Mr. JACKSON sworn.

I am a linen-draper; I live next door to the prosecutor, and was informed he had got a pair of bellows he had not paid for.

- BOX sworn.

I am a constable: I produce the bellows; they were delivered to me by the prosecutor.

(Deposed to by the prosecutor.)

PRISONER's DEFENCE.

I know nothing of the matter; I was not in my senses.

Mrs. Sharp. I saw the prisoner take the bellows and put them in the bag.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871024-75

887. THOMAS BAILIE was indicted for stealing, on the 8th of October , 30 lb. weight of moist sugar , the property of persons unknown.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871024-76

888. SAMUEL WRIGHT , JOHN DEFOUNTAIN , and MARY his wife , were indicted for stealing, on the 25th of September last, one woollen hammer-cloth, value 9 d. a hat, value 3 s. the property of John Smith .

JOHN SMITH sworn.

I am a coachman ; on the 25th of September, about half after eleven at night, I took up the prisoner at Chain-gate, the other side of London-bridge, to Webb square, Shoreditch; Wright jumped out of the coach, and Defountain fastened the door; this was in Threadneedle-street; then I stopped to water my horses in Bishopsgate-street ; I looked in the coach and I missed my hammer-cloth and my hat; a man who had been a watchman, called me; and said, there is a man on the other side of the way with something out of your coach; I pursued him and took him at the corner of Widegate-street, with my hat on his head, with his his own hat over it, and the hammer-cloth over his arm; I took them to the constable; and he took them to the Compter.

Mr. Garrow, Prisoner's Counsel. Was not these people all very drunk? - They were all stupidly drunk; the constable confirmed the same, that men were stupidly and insensibly drunk, and could not know what they were doing.

The prisoners had nothing to say; only, that they were very much intoxicated.

The two men prisoners called eight witnesses who gave them a very good character.

SAMUEL WRIGHT , JOHN DEFOUNTAIN ,

GUILTY .

Fined 1 s. and imprisoned one month .

MARY, the wife of ditto, NOT GUILTY .

Tried by the London, Jury before Mr. RECORDER.

Reference Number: t17871024-77

889. RICHARD MERCHANT was indicted for stealing, on the 27th of September last, one cloth great coat, value 10 s. the property of James Dowling .

JAMES DOWLING sworn.

On the 27th of September I lost my great coat out of my master's shed in Mark-lane , he is a bricklayer; I found my great coat, on the 3d of October, with a woman in Rosemary-lane.

EDMUND NORTON sworn.

On the 27th of September, I was at work on a scaffold in Mark-lane; I saw the prisoner go by the scaffold with the great coat and a shovel; I did not know whose coat it was.

JOHN HEMMETT sworn.

On the 2d of October, I was sent for by Mr. Thomas, in Mark-lane, who gave me charge of the prisoner, on suspicion of stealing the great coat; we went to Rosemary-lane, and found the coat upon the arm of Mary Murray, who lives in Cable-street, Rosemary-lane; she said, she would not attend here; she had no further business with it.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17871024-78

890. JOHN INCE was indicted, for that he, on the 12th of September last, in and upon one Cornelia Winter , a woman child, under the age of ten years, to wit, about the age of seven, feloniously did make an assault, and her then and there wickedly, unlawfully, and feloniously did carnally know and abuse .

ANN WINTER sworn.

I am mother of Cornelia Winter ; my daughter is eight years old, and some days.

How long have you known the prisoner?

prisoner? - About six months; he was a servant to one of my lodgers, William Williams .

Your daughter Cornelia received an injury, did not she? - Yes.

When? - I cannot justly say the day of the month.

When was you apprised of it? - On Monday, the 19th of September; I know the child was in great pain.

Did you search her? - Yes.

What did you observe? - I found her linen very much disordered, an appearance of great running and stain.

Did you observe any marks of violence? - No, Sir.

Had she any disorder in consequence of it? - The running, I supposed it to be the venereal disorder, but there is a surgeon who can speak to that; the child, when I was first alarmed of it, could not make water by any means in the world; I could not attend to the child, a servant attended her; in the morning I examined her, and she could not by any means make water, and when she attempted it, it was in such extreme pain; I told one of my brother's acquaintance of it, and he went with her to the Middlesex hospital; I live, No. 14, Monmouth-street .

WILLIAM GORDON sworn.

I am servant to Mr. Fancourt, the surgeon, near Portland-chapel; I took the child by the mother's desire, to the house-surgeon of the Middlesex-hospital; his name is Lane; he is here.

- LANE sworn.

I am house-surgeon to the Middlesex-hospital; I remember William Gordon bringing me a child to the Middlesex-hospital, to be examined, whether she was injured by a man, or not; I found a discharge in the private parts, but as that is common to children, I could not be sure; I proceeded to examine the hymen, but the child was in such pain, I was obliged to desist; I gave the person a lotion; the child was brought again the next day, when I examined the hymen, I found it in a tolerable perfect state; she proceeded with the lotion two or three days longer, and the child was better; I was then summoned to attend Justice Walker.

Could there have been any penetration of the hymen in that condition? - No, Sir.

There could not? - No way, it was impossible.

The apothecary deposed to the same effect; that the prisoner had the venereal disease, and the girl had such an infection, but no penetration had, or could have taken place.

Court to Jury. Gentlemen, you see the hymen not being broke, there could be no rape.

NOT GUILTY .

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

Reference Number: t17871024-79

891. THOMAS DALE was indicted for putting off a counterfeit dollar to John Younger .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17871024-80

892. JOHN PICKETT was indicted for wilful and corrupt perjury .

There being only one witness; whereas the law requires two in cases of perjury, the prisoner was ACQUITTED .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17871024-81

Misdemeanor, by adjournment, to Thursday, November 1st.

893. RICHARD GEARING was indicted for wilful and corrupt perjury .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER

Reference Number: o17871024-1

James Hayward , convicted as a receiver at a former Sessions, was ordered to be publickly whipped in Fleet-lane , and imprisoned in Newgate four years .

Reference Number: o17871024-2

George Thompson , convicted at a former Sessions, was sentenced to six months hard labour in the house of correction from the time of his conviction .

Reference Number: s17871024-1

The Trials being ended, the Court proceeded to give Judgment as follows:

Received Sentence of Death, (6) viz.

Richard Carroll , George Roberts , George Lovell , otherwise Gipsey George, Thomas Kennedy , Mary Burges and James Shirley.

To be transported for fourteen years, (1) viz.

Brian Molloy .

To be transported for seven years, (40) viz.

Samuel Robert Barnes , Samuel Maynard , Elizabeth Idemay , Thomas Cozier , James Thompson , Thomas Whitfield , Edward Fihu , Thomas Williams , John Carrol , Mary Coucher , otherwise Christmas, William Walton , William Crozier Cooke , William Charles , John Duncombe , William Peake , Charles Stewart , Charlotte Simpson , George Simpson , William Emmett , John Mackay , Elizabeth Steel , Mary Tuck , Mary Williams , Elizabeth Parry , Elizabeth Jones , Sarah Dorsett , James Fitzmaurice , Thomas Simpson , Sarah Sutton , Ann Wood , Elizabeth Ayres , Mary Davis , William Nowell , alias Williams, William Ray , James Wilson , Elizabeth Brown , Robert Fosgate , alias Jenkins, Elizabeth Goslin , John Lear , John Dalton .

To be imprisoned for six months, (3) viz.

Jane Nobody , John Churchill , John Lewis .

To be imprisoned one month, (3) viz.

William Thompson , Sarah Wright , John Defountain .

To be whipped, (3) viz.

Michael Leary , Joseph Hatch , James Smith .

To be fined 1 s. (3) viz.

Charles Knight , Samuel Wright , John Defountain .

Reference Number: s17871024-1

James Hayward , convicted as a receiver at a former Sessions, was ordered to be publickly whipped in Fleet-lane , and imprisoned in Newgate four years .

Reference Number: s17871024-1

George Thompson , convicted at a former Sessions, was sentenced to six months hard labour in the house of correction from the time of his conviction .

Reference Number: a17871024-1

Mr. HODGSON

RESPECTFULLY returns his most grateful Thanks to his Employers and Pupils, for the Preference they have thought proper to give to his Mode of teaching and writing SHORT-HAND, which he flatters himself is at once as concise and correct as any other System; he continues teaching in four Hours, by four Lessons, the whole necessary instructions in this much approved Art. He also takes Trials and Arguments with the utmost Care, which are copied so expeditiously as to be sent home the same Evening, if required.

Mr. HODGSON (without the smallest Imputation on the Systems of his Cotemporaries, whose Merits he chearfully acknowledges) pledges himself to take nothing for his Transcripts, if any Gentleman who solicits a cause, or the Counsel whose Arguments he professes to take, are not compleatly satisfied with his Performances.

No. 35, Chancery-lane.

A new Edition (being the third) of HODGSON's TREATISE ON SHORT-HAND, being a sufficient Instructor of itself, is just reprinted, and Mr. Hodgson in order to accommodate all sorts of Purchasers, has reduced the Price to Eighteen pence only; also his new Publication, entitled,

"SHORT-HAND CONTRACTIONS, adaped to every System of

"Short-Hand; to which are added, a Comparative Table of Short-Hand Alphabets,

"and two Extracts by way of Specimen, with two Copper-plates annexed," Price only 2 s. 6 d. are sold by J. Walmsley, Chancery-lane, and also by Bladon, Matthews, Egerton, Fourdrinier, and all the Booksellers:

Letters (post paid) from Purchasers of either of his Books, directed to Mr. Hodgson, No. 35, Chancery-Lane, will receive immediate Answers.

N. B. The Trials which have been much enquired after, Mr. Hodgson has reprinted for the Accommodation of his Customers, and are as follow: - The remarkable trial of John Graham and his Wife for forgery. - Charlotte Goodall and John Edmonds for robbing Mrs. Fortescue at Tottenham. - Francis Gray for the murder of Mr. Hurd. Dr. Daniel M'Ginnis for the murder of Mr. Hardy. - William Wynne Ryland for forgery. - Nicholson, Ward, Shaw, Murray, O'Brien, and others, for the murder of Nicholas Casson, at the Hustings at Govent-Garden. - Richard Corbett , (a youth) for setting fire to his master's house. - Colonel Gosmo Gordon for the murder of Frederick Thomas , Esq; in a duel. - Henry Morgan for the murder of Mr. Linton. - Porter Rideout , for the murder of Moses Lazarus , Duke's Place. - Captain Kenith Mackenzie , for the murder of Kenith Murray Mackenie , at Fort Morea, in Africa. - Thomas Wood and George Brown for robbing Thomas Davenport . - Geo. Ollive , (a youth) for setting fire to the house of his master Mr. Parsloe, in St. James's-street. - Martin Taylor and Elizabeth Taylor , (brother and sister) both executed for burglary - Also the remarable trials of Messrs. Goodridge's and Evans, for forgery - and of John Hogan , (the black), for the murder of Ann Hunt ; with many others too tedious to enumerate.

Mr. Hodgson has just bound up a compleat Set of Sessions Papers, for the last sixteen Years, which he will dispose of; or any person wishing to see any particular Trial, may have an Inspection of the same, or take a Copy of it, at the usual Prices.

Just Published a new Edition of the Trial of Andrew Robinson Bowes , Esq; and several others for a Conspiracy against the Rt. Hon. the Countess of Strathmore, Price 3 s. 6 d. taken in Short-hand by Mr. HODGSON.

The Monthly Review for August last, thus notices the above Trial

"The Reviewer

"is much obliged to Mr. Hodgson for making his Title Page so full and circumstantial

"that it requires nothing to be added, except our acknowledgment of the

"care and accuracy, with which he appears to have given this Trial to the Public."


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